If you have been injured in a car wreck that was not your fault, then you will be entitled to recovery from the at-fault driver or party.
As a general principle, if someone is negligent in their behavior or conduct and causes you to be injured, than under Georgia law, that person is obligated to compensate you for those injuries. Injury compensation can include medical bills, lost wages, and pain and suffering. This concept is going to be the same across the board, regardless of whether you are walking down the street, shopping at the grocery store, or driving in a vehicle.
If another person is negligent while driving, and as a result of that negligence, a wreck occurs, the at-fault driver is responsible to you for those injuries. For example, a driver can be negligent texting while driving, changing the radio station, talking on the phone, or otherwise not paying attention to what is going on in traffic.
As you can imagine, fault is going to be a key component of whether or not you will be allowed to be compensated after you’ve been injured in a wreck. If the car accident is the other driver’s fault, then he or she is obligated to compensate you. However, if no one is at fault, in other words, if there was nothing that could be done to prevent the wreck by any party, then you would not be able to seek compensation from the other driver. Also, if you are totally at fault, you obviously would not be entitled to compensation from the other driver.
Still, sometimes you may be able to get compensation when both drivers are at fault, meaning that both the other driver and you have some blame in causing the wreck. Under Georgia law, if the wreck is less than 50% your fault, you may still recover. In that instance, your recovery will be reduced by the percentage that you are at fault.
If you’ve been injured in a car wreck and you were not at fault, or the wreck was not completely your fault, then it is important that you speak with a car accident lawyer. The issue of fault will need to be argued and won before you will be able to recover. Please feel free to call and speak to one of our experienced car accident lawyers today. Our consultations are always free.