lmccullough@hawklawgroup.com | February 27, 2023 | Car Accidents
Being at fault in a car accident can feel overwhelming. You’re dealing with vehicle damage, potential injuries, and the stress of not knowing what comes next. In Georgia, being deemed “at fault” means you or your insurance company will be responsible for paying damages to the other parties involved.
However, Georgia’s modified comparative negligence system means you may still recover compensation even if you share some blame, as long as you’re less than 50% at fault. Our experienced Georgia car accident attorneys will help protect your rights and guide you through this challenging time.
Even if you were found partially at fault, you may still have legal options. Let our experienced Augusta Car Accident Lawyer fight to protect your rights and reduce your liability under Georgia’s comparative negligence law.
What Does It Mean to Be At Fault in Georgia?
⚖️ Being “at fault” means violating your duty of care under Georgia law. Whether through distraction, intoxication, or traffic violations, negligence that directly causes harm can trigger personal liability under the fault-based insurance system.
Georgia operates under a traditional fault-based system for car accidents and insurance claims, which differs significantly from no-fault states. When we say someone is “at fault,” we mean they failed to exercise reasonable care while driving, and this negligence directly caused the accident.
Fault determination involves several factors:
- Traffic law violations (running red lights, speeding, improper lane changes)
- Distracted driving behaviors
- Driving under the influence
- Failure to maintain a safe following distance
- Reckless or aggressive driving
In at-fault states like Georgia, the driver responsible for causing an accident is also financially responsible for the resulting damages and injuries. This means the injured parties can seek compensation directly from your insurance company rather than filing through their coverage.
Learn more about how negligence is defined in Georgia personal injury law.
The good news: Being partially at fault doesn’t automatically bar you from recovery in Georgia.
Georgia’s Comparative Negligence Rule
Georgia follows what’s called a “modified comparative negligence” system with a 50% bar rule, codified in OCGA § 51-12-33. This law is vital for getting to know your rights after an at-fault accident.
Here’s how it works:
- If you’re less than 50% at fault, you can still recover damages
- Your compensation gets reduced by your percentage of fault
- If you’re 50% or more at fault, you cannot recover any damages
Hypothetical Examples of Comparative Negligence
Scenario 1: You’re texting while driving when you rear-end another vehicle that suddenly stops without working brake lights. In this situation, you’re assigned 30% of the fault, while the other driver is held 70% responsible. Because Georgia follows a modified comparative negligence rule, you can still recover compensation—$70,000 out of $100,000 in total damages, reduced by your 30% share of liability.
- The other driver is 70% at fault (no brake lights)
- You’re 30% at fault (distracted driving)
- You can recover $70,000 (70% of total damages)
Scenario 2: You run a stop sign and collide with another vehicle that was speeding. After reviewing the circumstances, you’re found to be 60% at fault, while the other driver holds 40% of the blame. Because your share of fault exceeds Georgia’s 50% threshold, you’re not eligible to recover any compensation under the state’s modified comparative negligence system.
- You’re 60% at fault (running stop sign)
- The other driver is 40% at fault (speeding)
- You cannot recover any compensation because you exceed the 50% threshold
This system encourages fair allocation of responsibility while still allowing recovery for those who bear less responsibility for the accident.
What Happens If You’re Found At Fault?
⚠️ Once found at fault, your insurance becomes the first line of compensation. But if damages exceed your policy limits, your assets may be at risk unless you’ve secured additional coverage.
When you’re determined to be at fault in a Georgia car accident, several consequences follow immediately:
1. Insurance Pays for the Other Driver’s Damages
Your liability insurance becomes the primary source of compensation for:
- Medical expenses for injured parties
- Property damage to vehicles and other property
- Lost wages if injuries prevent work
- Pain and suffering compensation
- Rehabilitation costs for ongoing treatment
Georgia requires minimum liability coverage of $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage.
2. You May Owe Out-of-Pocket If Damages Exceed Policy Limits
When accident damages surpass your insurance limits, you become personally liable for the excess amount. Consider this scenario:
- Insurance Coverage: $25,000 per person
- Victim’s Medical Bills: $75,000
- Your Personal Liability: $50,000
The injured party can pursue legal action against you personally for the remaining $50,000. This is why many drivers opt for higher coverage limits or umbrella policies.
3. Insurance Premium Increases Are Likely
Insurance rates are determined based on risk assessments, and at-fault accidents typically lead to premium increases. Your rates may increase for three to five years following an at-fault accident.
Rate increase factors include:
- Severity of the accident
- Amount paid out by insurance
- Your previous driving record
- Type of violation that caused the accident
Some insurers offer accident forgiveness programs that prevent rate increases after your first at-fault accident, but these typically require clean driving records for several years.
Can You Still Recover Compensation If You’re Partially at Fault?
Yes, but only if you’re less than 50% responsible for the accident. Georgia’s comparative negligence law protects drivers who share some blame but aren’t primarily responsible.
Common Partial Fault Scenarios
- Multi-Vehicle Chain Reactions: In a three-car pileup, you might be 20% at fault for following too closely, while the lead driver is 80% at fault for sudden braking without cause.
- Intersection Accidents: You enter an intersection on a yellow light while another driver runs a red light. You might be 25% at fault for aggressive driving, while they’re 75% at fault for the traffic violation.
- Pedestrian Accidents: A pedestrian jaywalks into traffic while you’re slightly exceeding the speed limit. The pedestrian might be 70% at fault, while you’re 30% at fault for speeding.
In each scenario, you can still recover compensation reduced by your percentage of fault, but only if you remain under the 50% threshold.
Read more about how fault is determined in T-bone accident cases.
Steps to Take After a Car Accident You Caused
Taking the right steps immediately after an at-fault accident can protect your legal and financial interests:
1. Don’t Leave the Scene
Leaving the scene of a car accident in Georgia—even one with minor damage—can result in serious legal consequences. Under state law, this is classified as a hit-and-run offense, regardless of who caused the crash. Drivers are required to stop, check for injuries, and exchange information with others involved.
Failing to remain at the scene could lead to criminal charges, fines, license suspension, or even jail time. Staying put not only fulfills your legal duty but also protects your ability to file an insurance claim or defend against one.
2. Call the Police and Get a Report
Always request police response, even for seemingly minor accidents. The police report becomes vital evidence for:
- Insurance claim processing
- Fault determination
- Legal proceedings, if necessary
3. Avoid Admitting Fault
While you should be honest about what happened, avoid statements like:
- “I’m so sorry, this is all my fault.”
- “I wasn’t paying attention.”
- “I was texting.”
Instead, stick to factual descriptions: “I was driving south on Main Street when the collision occurred.”
4. Document the Scene
Take photographs of:
- Vehicle damage from multiple angles
- The accident scene and road conditions
- Traffic signs or signals
- License plates and insurance information
- Any visible injuries
📌 After an accident, your actions—like not admitting fault, documenting the scene, and notifying your insurer—can significantly shape how liability is assessed. Stay factual and gather evidence.
5. Notify Your Insurance Promptly
Almost all auto insurance policies include a clause requiring immediate or prompt notification after an accident. This means you should contact your insurer as soon as reasonably possible—even if you think the accident was minor or that you might be at fault. Failing to notify them on time can result in denied coverage, delays in claim processing, or even a breach of policy terms.
Prompt reporting helps protect your rights under the policy and ensures the insurance company can begin its investigation while evidence and witness accounts are still fresh.
6. Call our Car Accident Lawyer in Georgia
Even if you think you’re fully or partially at fault for the accident, speaking with our skilled car accident attorney is one of the most important steps you can take. Legal representation ensures that your rights are protected from the start and that you don’t unknowingly accept more blame than you deserve.
Our experienced Georgia car accident lawyers will help gather evidence, challenge unfair fault assignments, and negotiate with insurance companies to minimize your liability and protect your financial future. Early legal intervention often leads to more favorable outcomes.
Facing financial risk after an at-fault accident? Call us now at 706-914-2591 or contact us online to speak with our Georgia car accident attorney, who will help you take the next steps with confidence.
How Our Lawyer Can Help Even If You’re at Fault
Many people assume they don’t need legal representation when they’re at fault. This misconception can cost thousands of dollars and result in unfair treatment.
Disputing Fault Assignment
Insurance companies and police reports don’t have the final word on fault allocation. Our experienced attorney will:
- Investigate the accident scene thoroughly
- Interview witnesses independently
- Consult with accident reconstruction experts
- Challenge biased or incomplete police reports
Minimizing Comparative Negligence Percentage
Even small reductions in your fault percentage can significantly impact your recovery. Reducing your fault from 40% to 30% on a $100,000 claim increases your recovery by $10,000.
Negotiating Fair Settlements
Insurance companies often present low initial offers, hoping you’ll accept without legal counsel. Our attorneys negotiate aggressively to ensure fair compensation based on:
- The full extent of your damages
- Accurate fault allocation
- Proper valuation of pain and suffering
- Future medical needs and lost earning capacity
Protecting You from Excessive Liability
When damages exceed your insurance limits, we work to minimize your exposure through:
- Settlement negotiations
- Asset protection strategies
- Payment plan arrangements
- Litigation defense if necessary
At Hawk Law Group, we have extensive experience representing clients in complex fault scenarios, working to maximize compensation regardless of shared responsibility.
Get Legal Help After an At-Fault Car Accident in Georgia
Don’t let being partially at fault prevent you from seeking the compensation you deserve. Motor vehicle crashes are the second leading cause of injury deaths and hospitalizations in Georgia, making skilled legal representation important for protecting your rights.
Remember these critical facts:
- Georgia’s 50% rule means you can still recover if you’re less than half at fault
- Insurance companies will try to maximize your fault percentage
- You have limited time to act—Georgia’s statute of limitations is two years for personal injury claims
- Early legal intervention protects your interests and preserves vital evidence
Why Choose Hawk Law Group?
- 71+ years of combined experience fighting for Georgia accident victims
- Five convenient locations throughout the Central Savannah River Area
- Free consultations with no upfront costs
- 24/7 availability when you need us most
Learn more about our legal team and what sets us apart in Georgia car accident representation.
We understand the stress following an at-fault accident. We work on a contingency fee basis—you pay nothing unless we win your case.
Worried about what happens next? Don’t face the insurance companies alone—contact us online or call at 706-914-2591 to schedule your free consultation and get the answers you need today.
Frequently Asked Questions
What happens if I’m 50% at fault in a Georgia accident?
Under OCGA § 51-12-33, plaintiffs cannot receive any damages if they are 50% or more responsible for the injury or damages claimed. This means being exactly 50% at fault bars you from recovery entirely.
Can I be sued personally if I’m at fault in a car accident?
Yes, if your insurance coverage is insufficient to cover all damages, injured parties can pursue personal lawsuits against you. This is why adequate liability coverage and umbrella policies are important.
Will my insurance cover my own vehicle damage if I caused the crash?
Your liability insurance only covers damages to others. For your own vehicle damage, you need collision coverage, which is optional in Georgia unless required by a lender.
What is the 50/50 fault rule in Georgia?
Georgia doesn’t use a 50/50 rule—it uses a “50% bar rule.” You can recover damages as long as you’re less than 50% at fault, but not if you’re 50% or more at fault.
How do insurance companies determine fault in Georgia accidents?
Insurance companies consider police reports, witness statements, traffic violations, physical evidence, and sometimes accident reconstruction experts. However, their determination isn’t final—disputes can be resolved through negotiation or litigation.