Fault & Liability
Can I still recover money if I was partly at fault in Georgia?
Short answer
Yes, as long as you are found less than 50% responsible. Georgia uses modified comparative negligence: your recovery is generally reduced by your percentage of fault, and at 50% or more it is generally barred entirely.
What Georgia law says
O.C.G.A. § 51-12-33 bars recovery when the claimant is 50% or more at fault and reduces damages in proportion to the claimant's share of fault.
How this actually works
Under Georgia's modified comparative negligence rule, a jury assigns a percentage of fault to every party. If your damages total $100,000 and you are found 20% at fault, you recover $80,000. Cross the 50% line and recovery is generally barred, which is why insurers put so much effort into building a partial-fault argument.
Common fault arguments include speeding, following too closely, distraction, failure to wear a seat belt, and the catch-all claim that you could have avoided the crash. Many of these arguments fall apart against physical evidence, which is another reason to preserve the vehicles, the scene photos and any available video quickly.
Comparative fault is negotiated long before any trial. In MCA's experience, adjusters often apply an informal fault percentage to justify a lower offer without saying so. Asking the adjuster to state the assigned percentage and the evidence behind it in writing changes that conversation.
What you should do
- 01Ask the adjuster to state your assigned fault percentage in writing
- 02Preserve dashcam, phone and surveillance footage immediately
- 03Obtain independent witness contact information
- 04Have the crash reconstructed if fault is genuinely disputed
Important exceptions
The bar does not apply the same way in every case type; fault allocation among multiple defendants and claims involving intentional conduct follow different rules.
Sources & citations
Attorney
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Licensed in Georgia and mapped to this case type in the MCA attorney bench. Attorney availability is not a statement that this page has been legally reviewed.
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