Can I still file a lawsuit after a crash if I was at fault?

On Behalf of | Feb 10, 2015 | Car Accidents |

There are typically many factors involved in car crashes. In many cases, there is one main factor, such as distraction or speed, which appears to be the immediate cause of a crash. However, there may be several other factors involved that can determine how or if a victim will be able to pursue compensation for injuries.

For example, if a driver is distracted and plows through an intersection without stopping at a stop sign and crashes into another, there is a very good chance that the distracted driver will be held financially accountable for damages. However, if the driver who was struck was also speeding at the time, that could affect if and how much a person can pursue through a legal claim.

The laws vary from state to state, but in Georgia, a person can still recover damages if he or she is partially to blame for an accident. However, the laws limit recovery in accordance with the comparative negligence doctrine.

As long as a victim is found to be no more than 49 percent at fault for an accident, he or she can pursue compensation. However, the amount of money a victim can receive will be decreased to reflect his or her own level of fault.

With all this in mind, it should be clear that establishing negligence and assigning fault are two of the most crucial aspects of a personal injury claim following a motor vehicle accident. In many cases, the person or people accused of causing the accident will go to great lengths to defend against negligence claims and try to assign greater blame for a crash to the victim to avoid or minimize payments.

This is why it can be so important for victims to have the help of an attorney. Building a case can require collecting evidence, talking to witnesses and scrutinizing police reports in an effort to establish negligence and fault. Without legal knowledge and experience in personal injury claims, this can prove to be extremely difficult. Rather than run the risk of taking all this on alone, victims can work with an attorney to pursue the financial compensation they may greatly need and deserve.


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