Can I still seek damages if I was found partially at fault for my accident?

partial fault in auto accident | recovering damages if partially at fault in car wreck

Car accidents happen fast.

It can be difficult for the parties involved to remember what happened, let alone the details leading up to the collision.

In some cases, determining who is responsible for a car accident is a battle of wills. One person's word is up against another’s and it can seem impossible to determine what happened.

In other cases, both parties know how events unfolded, but lies are told to protect against an adverse outcome.

Hiring an experienced Auto Accident Lawyer can be a critical step to prove fault in an accident and win well-deserved compensation for the accident victim.

Car Wreck Lawyers have the skills and resources necessary to gather evidence and prove fault accurately.

Here are some of the methods Personal Injury Attorneys can utilize to prove fault beyond a reasonable doubt:

  1. Interview eyewitnesses
  2. Review surveillance footage
  3. Work with accident reconstruction professionals
  4. Examine physical evidence from the scene
  5. Examine photos of the accident and vehicle damage

If your lawyer believes you do not hold the majority of responsibility for your car accident, he or she should make every effort to prove your innocence to secure a fair compensation amount for you.

Roth Firm attorneys have the experience, skills, and legal knowledge to help prove a victim’s innocence and win a fair settlement. 

If responsibility for your auto accident case is ambiguous, a Roth Firm personal injury attorney can be integral to the success of your claim.

Click below now for a Free Case Evaluation with The Roth Firm in Atlanta.

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 If you hold partial responsibility for your collision, you are likely facing a complex legal situation. 

Whether you were found to be partially at fault at the time of your accident, or your fault was determined later, three legal terms will help you make sense of your situation.

  • Contributory negligence
  • Modified comparative negligence
  • Pure comparative negligence


Contributory Negligence

In general, if your car accident injuries were the result of your negligence in any way, you are not eligible to receive compensation.

However, in Atlanta, you may be able to recover damages depending on your circumstances.

If you were found to be only partially at-fault in your accident, you might still be entitled to a percentage of your auto accident settlement.

For example, if you were originally awarded $100,000, but it is decided that you are 20% responsible for your auto accident, then it is possible for you to attain an $80,000 settlement.


Modified Comparative Negligence

In many U.S. states, Georgia included, you are not eligible to receive compensation if you own more than 50% of the responsibility in your Atlanta Car Crash.

Even if you are only partially responsible, if you hold blame for the majority of your accident, you are not eligible for a settlement award.


Pure Comparative Negligence

Pure comparative negligence awards partial compensation to accident victims on a sliding scale. If you are the at-fault party, you are still eligible to receive compensation if you do not hold the majority of responsibility.

In Pure Comparative Negligence, the less at-fault you are in your accident, the more compensation you are eligible to receive.

However, as mentioned above, if you are more than 50% responsible for your accident, you are disqualified from receiving compensation in Georgia.



if you could benefit from legal help for your partial fault car accident case, the lawyers at The Roth Firm can help. Our attorneys are equipped to handle the most complex collision cases and offer free case evaluations.

Click the button below to get started on your partial fault auto accident case today.

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Contact The Roth Firm Today at 770-369-9977.