[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/butlerfirm.com\/blog\/is-georgia-an-at-fault-state\/#BlogPosting","mainEntityOfPage":"https:\/\/butlerfirm.com\/blog\/is-georgia-an-at-fault-state\/","headline":"Is Georgia an At-Fault State?","name":"Is Georgia an At-Fault State?","description":"We know that most people do not spend time thinking about what they will do if they get into a vehicle accident. Getting into a crash is scary, and the aftermath is confusing. One of the first things you think about if there are damages or injuries is who is going to be on the… Continue reading Is Georgia an At-Fault State?<\/span><\/a>","datePublished":"2023-03-27","dateModified":"2026-04-17","author":{"@type":"Person","@id":"https:\/\/butlerfirm.com\/blog\/author\/matt-kahn\/#Person","name":"Matt Kahn","url":"https:\/\/butlerfirm.com\/blog\/author\/matt-kahn\/","identifier":25,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/e04949bdf1f2184cdeab337bb39535a4c17c4beb3ad3cd47e5524b20b38274a9?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/e04949bdf1f2184cdeab337bb39535a4c17c4beb3ad3cd47e5524b20b38274a9?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Butler Kahn","logo":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","width":210,"height":93}},"image":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/08\/shutterstock_1359266894-_1200x627.jpg","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/08\/shutterstock_1359266894-_1200x627.jpg","height":627,"width":1200},"url":"https:\/\/butlerfirm.com\/blog\/is-georgia-an-at-fault-state\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=KHiw9rSYWLI#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=KHiw9rSYWLI","name":"What is Comparative Fault?","description":"Tom Giannotti talks about a legal doctrine called comparative fault. Find out more here...\n\nFor more information about the cases we handle, please visit: https:\/\/butlerfirm.com\/\n\nTom Giannotti: https:\/\/butlerfirm.com\/our-team\/tom-giannotti\n\n******************************************************\nSHARE THIS VIDEO: https:\/\/youtu.be\/KHiw9rSYWLI\n******************************************************\n__________________________________________\nWe Have Four Locations to Serve You \nAtlanta, GA \nButler Kahn\n10 Lenox Pointe \nAtlanta, GA 30324 \nhttps:\/\/butlerfirm.com\/ \n--------\nLawrenceville, GA \nButler Kahn\n154 Stone Mountain Street, Suite 250\nLawrenceville, GA 30045 \nhttps:\/\/butlerfirm.com\/lawrenceville-injury-lawyers\n-------- \nRoswell, GA \nButler Kahn\n1255 Canton Street, Suite E \nRoswell, GA 30075 \nhttps:\/\/butlerfirm.com\/roswell-injury-lawyers\n-------- \nJonesboro, GA \nButler Kahn\n21 Lee Street, Suite 250 \nJonesboro, GA 30236 \nhttps:\/\/butlerfirm.com\/jonesboro-injury-lawyers\n------- \n\u25ba Hi, I'm Tom Giannotti, attorney from Butler Kahn. Today I want to talk about a legal doctrine called comparative fault and what it means for practical purposes here in the state of Georgia and elsewhere. But we're in Georgia, we're Georgia lawyers. We follow the comparative fault rule that says if a plaintiff is 50% or more at fault, then he or she cannot recover. And if there's some percentage at fault that a jury determines the plaintiff to be, that is obviously greater than zero but less than 50, then they can still recover. However, the plaintiff will have his or her recovery reduced according to whatever percentage the jury decides. So for example, if a jury awards a plaintiff $100,000, but the jury determines that the plaintiff was 20% at fault for causing the accident, well, then their recovery ultimately will only be $80,000 because of this rule.\n\u25ba Other states follow different rules. I won't go through all of the other states. But just to take a couple examples that are illustrative, North Carolina has a really strict rule that says that if a plaintiff is even 1% at fault, a jury says you're 1% at fault for this, the jury cannot award that person anything. They get $0. That is a much harsher take on this rule. Other states take basically the opposite approach that says, \"Well, you can recover even if you're up to 99% at fault, but you still have your recovery reduced proportionally.\" So you could have that $100,000 judgment, you could be 99% at fault in another state and still get $1,000, right? But in North Carolina, you would get zero, even if you're 1% at fault. And in Georgia, as long as you're less than 50% at fault, you could still recover, but again, have your recovery reduced proportionally to the percentage of fault.\n\u25ba Other states follow a similar rule to Georgia, but the number is 51%. So even if the plaintiff is 50%, then they just get their recovery cut in half, basically. But again, in Georgia, the rule is that if a person, a plaintiff, is 50% or more at fault, they cannot recover anything. If they are less than 50% at fault, they can still recover, but the recovery is reduced proportionally due to the percentage of fault. Hopefully this has been helpful and informative, and thank you for watching.\n\nJOIN US ON SOCIAL MEDIA\nFACEBOOK LINK: https:\/\/www.facebook.com\/butlerfirmllc\nTWITTER LINK: https:\/\/twitter.com\/Butler_Firm\nINSTAGRAM LINK: https:\/\/www.instagram.com\/butler_law_firm\/\nLINKEDIN LINK: https:\/\/www.linkedin.com\/company\/butlerfirm\/\n\nSEE OUR REVIEWS \nGOOGLE REVIEWS: https:\/\/search.google.com\/local\/reviews?placeid=ChIJoR24iRoG9YgRSH8GpDMLiMQ\nFACEBOOK REVIEWS: https:\/\/www.facebook.com\/butlerfirmllc\/reviews\/\n\nCheck out our previous video: https:\/\/youtu.be\/Xa_AVivaPcE","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/KHiw9rSYWLI\/default.jpg","https:\/\/i.ytimg.com\/vi\/KHiw9rSYWLI\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/KHiw9rSYWLI\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/KHiw9rSYWLI\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/KHiw9rSYWLI\/maxresdefault.jpg"],"uploadDate":"2023-05-16T20:45:17+00:00","duration":"PT2M48S","embedUrl":"https:\/\/www.youtube.com\/embed\/KHiw9rSYWLI","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw#Organization","url":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw","name":"Butler Kahn","description":"We help people and families.\n\nOur firm specializes in personal injury and wrongful death cases. We are based in Atlanta, Georgia. We handle cases across Georgia and, for certain types of cases, all across the country.\n\nTOP-QUALITY LEGAL WORK. We do the work that lots of law firms skip. We track down witnesses, dig into the evidence, and prepare intensely for every deposition, trial, and hearing. We take a small number of cases so that we can devote our full attention to the clients we represent.\n\nPERSONAL SERVICE. If you hire us, you get us. You won't get blocked by a receptionist or leave unreturned messages. If you want to speak with your lawyer, you can.\n\nDOING WHAT WE SAY WE'LL DO. Some law firms make big promises at the beginning, then don\u2019t follow through. We shoot straight \u2013 when we tell you something about your case, good or bad, we mean it. No fake promises.\n\nButler Kahn\n10 Lenox Pointe\nAtlanta, GA 30324\n678-940-1444\n","logo":{"url":"https:\/\/yt3.ggpht.com\/NTOsbNEALVOnRbUCg7jUzYGcC4kNKsUTEVHm5TtiTQdLlfFKksLTnmiZG_t6zDG_e4ygtnva=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=KHiw9rSYWLI#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=KHiw9rSYWLI#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=KHiw9rSYWLI&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=KHiw9rSYWLI#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":254}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=KHiw9rSYWLI#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":3}]},"about":["Auto Accident","Car Accident","Georgia","Insurance","Liability"],"wordCount":1277,"articleBody":"We know that most people do not spend time thinking about what they will do if they get into a vehicle accident.Getting into a crash is scary, and the aftermath is confusing. One of the first things you think about if there are damages or injuries is who is going to be on the line to cover the expenses. To answer that, we need to answer the question:Is Georgia a no-fault state?Georgia is an at-fault state. When a vehicle crash happens, the responding officer is almost always going to assign fault to one or both of the parties involved through a citation.No, Georgia is not a no-fault state. Georgia is an\u00a0at-fault state. Today, we want to look into what that means and what the implications are for you in the\u00a0event of a vehicle crash.Is Georgia A No-Fault Accident State?The short answer to this question is no. Georgia is among many states who use the \u201cat-fault\u201d doctrine. This simply means that fault must be determined in every accident. When it comes to injury accidents in Georgia, the at-fault party is liable for damages and reparations. There is a lot more to it though as fault can be assigned to both parties. Butler Kahn has come up with an easy way to understand the “at-fault” doctrine.Georgia Is A Comparative Fault StatueGeorgia\u2019s personal injury laws allow for the other party (defendant) to file a counterclaim. Their lawyers and insurance company will insist that you (the plaintiff) is the one at fault. This holds true even in drunk-driving cases.If the defense is successful, they may prove that both parties have some fault in the accident. The damages awarded to the plaintiff are then reduced or even eliminated. The amount received is based on the percentage of fault attributed to each party. As the plaintiff, if you are 20 percent responsible for the accident, your award decreases by that same 20 percent. (A $10,000 award would be reduced to $8,000.)As the plaintiff, this can be tricky. If for some reason you are found to be 50 percent or more responsible, you will collect no money. It has nothing to do with whether the other driver was drunk or negligent. The plaintiff must have a fault of 49 percent or less responsibility or there will be no monetary award.Georgia traffic accident statisticsTraffic accidents are going to happen. According to the Governor\u2019s Office of Highway Safety, we know there were nearly 400,000 vehicle crashes during the last full reporting year. Out of those crashes, there were:\u00a01,430 fatalities\u00a019,405 serious injuriesIt is important to understand that damages and injuries can result in major expenses for crash injury victims and their families.What is the difference between no-fault and at-fault?No-fault means that drivers in vehicle crashes have insurance to cover their own injuries or damages. Their insurance would not be required to pay out to another person in a crash, regardless of who is at fault.Like most other states in the US, Georgia is an at-fault state. When a vehicle crash happens, the responding officer is almost always going to assign fault to one or both of the parties involved through a citation. Please understand that Georgia law allows for there to be percentages of fault assigned in a traffic crash through what is called\u00a0proportional comparative fault. This is important because there are times when both parties involved did something wrong. There could be a variety of scenarios:One driver is completely at faultBoth drivers are equally responsibleOne driver is 80% at fault while the other is 20% at fault (or various combinations of percentages)Insurance implications of Georgia being an at-fault stateIn Georgia\u2019s at-fault state, you can recover compensation for damages or injuries if the other person was mostly at fault. This will require you or your attorney filing a claim with the at-fault driver\u2019s insurance company. Keep in mind that the at-fault driver\u2019s insurance company will only pay up to the limits of their policy coverage. In Georgia, this could be as low as $25,000.What if your expenses are for damages or injuries are higher than that?The at-fault driver may have an additional liability insurance policy that could kick in, but that is unlikely. If the at-fault driver\u2019s vehicle is a commercial vehicle, then that company will likely have additional insurance coverage.In most cases, you will be looking at using what is called underinsured motorist or uninsured motorist (UM) insurance from your own policy or from the policy of someone who lives with you and is related to you.Insurance IS Required in GeorgiaAt-fault states such as Georgia require drivers to carry insurance. This is to ensure they are protected in the case of an accident. It allows for coverage of medical treatments and vehicle repair or replacement.There are three typical ways of obtaining reparation and reimbursement in Georgia:Filing a claim with your own insurance company who can then go after the other party\u2019s insurance.Directly filing the claim with the at-fault party\u2019s insurance.Filing a personal injury lawsuit in civil court.Protect YourselfWhen you or a loved one is in an accident in the state of Georgia, you need to surround yourself with the best team available. You may feel confident that your insurance company is on your side. They are \u2014 up to a point. Don\u2019t forget that they are a business out to make money. If they can get away with paying you the smallest amount possible, they will. They are in the business to protect themselves first with you coming in a distant second.This is when you need to bring in a skilled personal injury attorney like the ones at\u00a0Butler Kahn. You need to have a strong, well-presented case in order to win an appropriate judgment. It is not uncommon for your case to never reach a jury. Fault is often determined by court officials and in some cases, insurance adjusters. An experienced lawyer makes sure that all your concerns are addressed. They will work to get you a fair judgment and everything you\u2019re entitled to by law. Just a small example of what your legal team will do for you includes:Collecting and preserving any evidence from the accident.Interviewing and talking to witnesses and involved parties.Interpreting and applying Georgia laws and regulations to the case.Negotiating with the insurance companies on your behalf.Preparing any necessary documents for court and filings.The Clock Is TickingFrom the moment you or your family member is involved in an accident, the timer is counting down. For most personal injury cases in Georgia, there is a 2-year window for you to file your case. If you miss the deadline, you will be unable to file a claim and seek damages even if you suffered severe injury or loss.What you can do after a Georgia vehicle accidentJust because we know how insurance is supposed to work does not mean it will be easy to secure the compensation you need. Even if the other driver is at fault in your vehicle accident, you may need to secure assistance from an Atlanta Car accident attorney.Your attorney will work to investigate the incident by examining accident reports, talking to witnesses, and gathering evidence. Not only is this important for insurance and compensation purposes, but your attorney wants to make sure that you were not improperly assigned more fault in the incident than you should have been. Your attorney will not let you get taken advantage of by the insurance companies or other parties."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/butlerfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Is Georgia an At-Fault State?","item":"https:\/\/butlerfirm.com\/blog\/is-georgia-an-at-fault-state\/#breadcrumbitem"}]}]