Car Accident Evidence
Follow practical steps to preserve scene, vehicle, digital, and medical evidence.
Georgia Injury Guide
How Georgia’s Modified Comparative-Fault Rule Works
Georgia fault percentages can reduce an injury award—or eliminate it entirely. An insurer’s early effort to shift blame can therefore affect both whether a claim survives and how much may be recovered.Published by Shield Legal Group · Updated July 12, 2026
The 50% Rule
Partial Fault Reduces Damages; 50% Fault Bars Recovery
Under O.C.G.A. § 51-12-33, when an injured plaintiff is partly responsible, the award is reduced in proportion to that person’s percentage of fault. If the plaintiff is 50% or more responsible for the claimed injury or damage, the plaintiff cannot recover damages.
For example, if proven damages total $100,000 and the plaintiff is assigned 20% of the fault, the award is reduced to $80,000. If the plaintiff is assigned 50%, the statute bars recovery. Liability, causation, and the amount of damages still must be proved.
Georgia provides public access to the Official Code of Georgia Annotated.
More Than Two Drivers
Fault Can Extend to Parties and Qualifying Nonparties
The factfinder may consider parties and qualifying nonparties whose conduct contributed to the injury. Georgia’s signed 2022 House Bill 961 amended § 51-12-33 so apportionment may occur in cases against one or more defendants. Damages apportioned under the statute are assigned according to each liable person’s percentage rather than treated as joint liability.
This can make seemingly small evidence disputes important. Lane position, signal timing, sight distance, vehicle data, witness accounts, photographs, video, property-control evidence, and a claimant’s own statements may affect how fault is argued.
A 2025 Legal Change
Georgia Changed How Seat-Belt Nonuse May Be Considered
Senate Bill 68, signed in April 2025, amended O.C.G.A. § 40-8-76.1. Subject to evidentiary rulings, failure to use an available seat belt may now be considered on issues including negligence, comparative negligence, causation, assumption of risk, and apportionment, and may be used to seek a reduction of damages.
This is a recent change. Its application can depend on the timing, evidence, and facts of the particular case. Do not assume that seat-belt nonuse automatically decides fault or damages.
Insurance Adjusters
An Insurer’s Percentage Is Not the Final Word
An adjuster may assign fault during claim handling, but that assessment is not a court judgment. It can nevertheless influence settlement negotiations and the evidence an insurer chooses to emphasize. Guessing during a recorded conversation, accepting the adjuster’s wording, or allowing physical or video evidence to disappear can make fault harder to contest later.
Police reports and citations can be important, but they do not automatically control the civil fault determination. Independent investigation may support, contradict, or add context to the initial report.
Why Representation Matters
Counsel Builds the Fault Analysis Around Admissible Proof
A lawyer can investigate independently, preserve video and vehicle evidence, interview witnesses, address efforts to shift blame to the claimant or a nonparty, analyze recent statutory changes, and connect the fault percentages to proof rather than an insurer’s internal assessment. The difference can determine whether the claim is reduced, barred, or properly valued.
Related Guidance
Continue Your Research
Statements and Releases
Understand how an adjuster may use recorded answers when arguing fault.
Bicycle Accident Claims
Learn about visibility, roadway, and disputed-fault evidence.
Frequently Asked Questions
Georgia Comparative-Fault Questions
Can someone recover if assigned 49% fault?
Fault alone would not bar the claim at 49%, but any proven damages would be reduced by 49%. Liability, causation, and damages must still be established.
Does a police report conclusively decide fault?
No. A crash report can be important evidence, but it does not automatically control the civil fault determination.
Can fault percentages change?
Yes. Insurers, parties, experts, and ultimately a factfinder may reach different conclusions as additional evidence develops.
Do Not Let the Insurer Set the Fault Percentage Unchallenged
Shield Legal Group can investigate the incident, preserve independent evidence, and respond to efforts to shift enough blame to reduce or eliminate the claim.
Free case evaluation. No attorney’s fee unless we recover compensation for you.
Published by Shield Legal Group · Updated July 12, 2026. This is general information, not a prediction of fault or recovery in any case. Reading this page or contacting the firm does not create an attorney-client relationship.