Yes. If a motor vehicle accident victim’s own negligence contributed to his or her injuries, it may impact the amount of money recovered in a personal injury or wrongful death lawsuit.
The State of Georgia uses a modified form of comparative fault. O.C.G.A. 51-12-33. Under this law, if an automobile accident victim was responsible to some degree for his or her injury, a court will determine the percentage of the person’s fault and reduce their recovery proportionally.
If it is somehow determined that a person’s fault exceeds that of the other driver, or the person could have avoided the consequences caused by the other driver’s negligence, recovery may be barred.
Unfortunately, an insurance company may try to shift blame for an accident to you.
Your need to be protected in this situation is one of the many reasons why you should contact The Millar Law Firm for assistance in your case.