People involved in car crashes and other personal injury scenarios sometimes need to sue to recoup their losses. There may be insurance coverage that applies, but insurance isn’t always adequate. Particularly in scenarios where individuals develop significant injuries or one party carries mediocre insurance, litigation may be necessary.
Typically, in scenarios where injured people can establish that another party was negligent or broke the law, they may have grounds to pursue personal injury litigation against the party at fault for the incident. The defendant facing the lawsuit may respond by trying to place the blame on the plaintiff.
Under Georgia state statutes, contributory negligence can influence the outcome of personal injury litigation. If the defendants responding to the lawsuit can show that the injured party was partially to blame, that may diminish their right to compensation.
What is contributory negligence?
Contributory negligence is the legal idea that more than one party can play a role in an unfortunate incident. The person who ran a red light may primarily be primarily to blame for a crash, but the driver they struck who didn’t use their turn signal could also have a degree of fault. Georgia has a modified contributory negligence rule that is different than the standard imposed in many other states.
When hearing claims of contributory negligence, the courts determine what degree of responsibility each party has. So long as the plaintiff seeking compensation has less than 50% of the fault for the situation, they can typically proceed with their lawsuit.
However, the courts may reduce the compensation awarded based on the plaintiff’s percentage of fault. The law also states that if the injured party could have avoided the situation with basic care, they may not have grounds to sue.
Claims of contributory negligence are a defense strategy, and the burden of proof falls to the defendant blaming the plaintiff. In complicated scenarios where both parties may have had a degree of responsibility, the litigation that occurs might be relatively complex.
Understanding how the law governs lawsuits after motor vehicle collisions and other incidents that cause losses can help people know what to expect. Partial fault does not usually prevent recovery, but may limit how much compensation people receive.
