How is Comparative Negligence Applied in Georgia?
If you have ever been in a accident, you already know that handling the aftermath of an accident can be complex. When multiple parties are involved, it can be challenging to determine who is at fault.
In Georgia, the concept of comparative negligence plays a crucial role in personal injury cases. Understanding this legal doctrine and how it applies can significantly impact the outcome of your claim. At Cheves Briceno, our experienced personal injury attorneys are here to guide you through this process and help answer the aforementioned question: How is Comparative Negligence Applied in Georgia?
Understanding Comparative Negligence in Georgia
How is Comparative Negligence Applied in Georgia? Some Real Life Examples
Car Accident at an Intersection
- Scenario: Two drivers, Alice and Bob, collide at an intersection. Alice was speeding, while Bob failed to yield the right of way.
- Application: The court finds Alice 40% at fault and Bob 60% at fault. Alice can recover 60% of her total damages from Bob, while Bob cannot recover any damages due to being more than 50% at fault.
Slip and Fall in a Grocery Store
Bicycle Accident
- Scenario: Carol slips on a wet floor in a grocery store that lacked proper warning signs. However, she was looking at her phone and not paying attention.
- Application: Carol is found to be 30% at fault for not being vigilant, while the store is 70% at fault for not providing adequate warnings. Carol can recover 70% of her damages from the store. Slip and falls in grocery stores occur frequently, and result in many claims. Our slip and fall lawyers have successfully navigated comparative negligence discussions on behalf of our clients and won large settlements even when these formulas were applied.
- Scenario: Dave, a cyclist, is hit by Eve, a driver who failed to signal a turn. Dave, however, was riding against traffic.
- Application: Dave is determined to be 25% at fault for riding against traffic, and Eve is 75% at fault. Dave can recover 75% of his damages from Eve.
When determining fault in a bike accident injury claim, comparative negligence is often a relevant factor, because bicyclists engage in a range of activities while riding. This can include riding against traffic, listening to music, talking on a blueteeth device connected to their phone—all while riding a bike.
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Dog Bite Incident
- Scenario: Frank is bitten by a neighbor’s dog after he entered their property without permission. The dog was known to be aggressive, and the owner did not have it restrained.
- Application: Frank is found 60% at fault for trespassing, while the dog owner is 40% at fault for not restraining the dog. Frank cannot recover any damages since his fault exceeds 50%. Frank, or anyone who has been injured by a dog attack, can start the process by filing a personal injury claim for a dog attack.
Workplace Injury
- Scenario: Gina is injured at work due to a defective machine. However, she ignored safety protocols.
- Application: Gina is deemed 40% at fault for not following safety guidelines, while her employer is 60% at fault for providing a defective machine. Gina can recover 60% of her damages. She can start the process by filing a claim with her employer in a workplace injury claim.
Why Choose Cheves Briceno?
Navigating the intricacies of comparative negligence requires experienced legal representation. At Cheves Briceno, we specialize in personal injury law and operate on a contingency fee basis, meaning you don’t pay unless we win your case. Our team is dedicated to fighting for your rights and ensuring you receive the compensation you deserve.
With offices in Braselton, Peachtree Corners, and Columbus, GA, we are conveniently located to serve you. Our attorneys bring a wealth of knowledge and a personalized approach to each case, making us the best accident lawyers in Georgia.
Don’t navigate this challenging time alone. Contact Cheves Briceno today about your accident case for a free, confidential consultation, and let us help you achieve the justice you deserve.
