What if I Was Partially at Fault for a Car Accident?

There are many car accidents that result from a single driver making a mistake. However, it is not uncommon for accidents to occur where more than one driver has some responsibility for what has occurred. 

We often receive questions like, “What if I was partially at fault for a car accident? Can I still receive compensation for my losses?” The answer is often yes, but it depends on the situation. 

If you are partially at fault for the incident, we need to determine how at fault you are as well as what the circumstances involving the case are. When you schedule a consultation with an Atlanta car accident lawyer from John Foy & Associates, we can provide more details about the options available in your case. Our consultations are free.

What Does It Mean to Be Partially at Fault?

When an accident occurs, the police officer will gather all of the evidence available and make a determination of what went wrong, often assigning the specific fault in the police report. There are some situations where two parties are responsible. This falls under Georgia’s comparative negligence law. 

That means that each driver is assigned a percentage of fault based on their specific actions or inactions during the accident. This will then adjust the compensation received.

If you are found to be partially at fault, you will be assigned a percentage which is the percentage that your compensation is reduced. If you are found to be under 50% at fault, you have the right to receive compensation for the difference. The Court or Jury ultimately makes this decision on how much fault is assigned in a case.

Example of a Partial Fault Car Accident

For example, in a car accident, one party may be found to be 20% at fault for the accident. That means that the compensation they receive is reduced by 20% from the other driver’s coverage. If a person is found to be 50% or higher responsible for the losses, you cannot claim compensation.

Here is an example. You are in a car accident in which the other driver strikes your vehicle because they were distracted by their phone. However, you were going over the speed limit, and the court assigned you 20% fault in the case. 

If you suffered $100,000 in losses in the case of the accident directly, your compensation is reduced by 20%, so you would only be able to pursue compensation for $80,000.

How Can I Obtain Compensation After a Car Accident if I Was Partially at Fault?

The process of filing a claim is much the same when you are considered partially at fault. However, this gives the insurance company a bit more leverage in trying to fight to reduce how much is paid to you. They will use a range of factors to try to reduce that compensation.

We encourage you to work with a car accident attorney in Georgia for help navigating this difficult process. The good news is our highly experienced attorneys have what it takes to help you get the compensation owed to you. Reach out to us now to get the insight you need. 

Our goal is still to help you obtain the highest level of compensation possible in your case.

What Is Failure to Avoid the Consequences?

Under Georgia Statute 51-11-7, there is a rule in which the victim may not be able to receive compensation if the victim could have avoided the consequences of the accident. That is, if you could have moved your vehicle to avoid the accident but did not, that may negate your ability to recover damages.

This law can be very limiting and frustrating initially, but our car accident attorneys will work to determine if you really could have avoided the incident. This does not mean you automatically cannot receive compensation for your losses. Our car accident attorneys will continue to work with you to determine what your losses could be in situations like this.

How Does Being Partially at Fault Impact Insurance Settlements?

When you are involved in a car accident, your attorneys will work with the insurance company to try to reach an agreement out of court to settle the case. Insurance adjusters often want to do this, too, since it tends to cost less to stay out of court.

However, being partially at fault may impact the entire process. That is, the insurance adjuster will argue that there should be some reduction in what is paid to you because of the fault present. What happens?

Our attorney works closely with you at this point to determine what is fair in terms of reducing compensation. What we believe is fair and what the insurance company does is likely very different. However, we will negotiate with them to ensure you receive the maximum compensation allowable in your situation.

How an Attorney Can Help When You Are Partially at Fault

After an accident, do not assume you cannot receive compensation if you are found to be partially at fault. By working with our car accident attorneys, we can help you in several ways:

• Ensure that the right percentage of fault is applied. If you do not agree with the fault assigned, we will work with you to pursue changes to police reports or other decisions by presenting more evidence when possible.
• Pursue fair compensation by negotiating with the insurance company about the losses you have incurred. We will work to maximize what the insurance company pays you as much as possible.
• Pursue legal action in a court of law if necessary. There are times when your case may need to go to court. We will fight to protect your rights throughout the process.

Set Up a Consultation with Our Legal Team Now

If you were partially at fault for a car accident, seek out the legal support of our team. At John Foy & Associates, we work closely with clients facing all types of legal matters like this. You may still be able to seek compensation. 

Our legal team is here to guide and support you. Contact us now for a free consultation to discuss your case with us now.