Insurers search for anything the injured person did wrong, because every percentage point of fault can reduce a payment. Georgia’s shared fault statute explains how blame is divided before a payment is calculated.
Georgia Reduces Awards by the Injured Person’s Share
Under O.C.G.A. 51-12-33, when a plaintiff bears some responsibility for the injury, the award is reduced in proportion to that person’s percentage of fault. If a jury finds the total damages are $100,000 and assigns the injured person 20 percent of the blame, the award drops by that share. Small disagreements about who did what can therefore change the number.
Fifty Percent Is the Cutoff
The same statute bars recovery when the plaintiff is 50 percent or more responsible. Forty-nine percent leaves a reduced claim alive. Fifty percent ends it. That sharp line is why insurers push so hard on small details such as speed, lighting, or whether someone checked traffic before stepping off a curb.
Several Defendants Can Each Take a Share
Some injuries involve more than one at-fault party. The statute also allows damages to be apportioned among defendants according to each one’s percentage of fault, and it doesn’t treat them as jointly liable for the whole amount. A crash with a negligent driver and a negligent employer, for example, can lead to separate shares. Identifying every responsible party early matters, because a defendant left out may leave a gap in recovery. Multi-vehicle crashes are worth reviewing with a Dunwoody car accident lawyer in this light.
Common Arguments About Shared Fault
Insurers may rely on familiar arguments to push a claimant’s share higher. They might point to:
- Distraction, such as phone use at the time of the crash
- Crossing a road outside a crosswalk
- Speed or lane position
- Delays in getting medical care
- Statements made in recorded phone interviews or on social media
Not every argument holds up. The right facts, photos, and witness accounts can answer them.
Early Statements Can Hurt a Claim
Casual comments to an adjuster can be turned into admissions of fault. Anyone recovering from an injury should be careful about recorded statements before they understand their rights. Guidance on dealing with insurance adjusters can help a claimant avoid common mistakes.
Evidence Pushes Back on Blame
The best response to a fault argument is proof. Scene photos, video footage, medical records, and independent witnesses can show what really happened. Starting with what evidence to collect gives a claim a stronger base before negotiations begin.
Lower Offers Deserve Careful Review
An offer built on an inflated fault percentage can seem reasonable at first glance. Comparing it against the medical bills and lost wages can reveal what is missing. People weighing a first offer can learn how to increase case value before agreeing to anything.
A Reduced Claim Still Has a Deadline
A lower award is still worth pursuing, but it must be filed on time. Reading about claim filing deadlines early keeps a fault dispute from turning into a missed deadline. Delay also lets evidence fade, and that can hurt the injured person’s side of the blame debate.
Premises Claims Follow the Same Rule
Shared fault applies beyond car crashes. A property owner may argue that a visitor ignored a warning or wasn’t paying attention. Someone hurt on another person’s property might ask a Dunwoody premises liability lawyer how the statute applies to those facts.
Local Representation for Dunwoody Injury Claims
Injured people in Dunwoody who want help countering fault arguments can work with a Dunwoody personal injury lawyer. The goal is to document the full story before an insurer defines it. A clear record of what happened can protect a claim’s value.
Evelyn Graham Advocates for Injured Plaintiffs
Attorney Evelyn Graham advocates for injured plaintiffs at Schneider Williamson Car Accident & Personal Injury Attorneys. She graduated cum laude from Kennesaw State University and cum laude with a Juris Doctor from Georgia State University School of Law.
Protect Your Share of the Story
Insurers may start building a version of events almost immediately, and yours should be on the record too. If you’re facing a fault dispute after an injury, reach out to us so we can review the facts with you.
