Insurance companies often argue that you were partly to blame for your own injury. In Georgia, that argument matters, because your share of fault directly changes what you can recover.
The rule in plain English
Georgia follows modified comparative negligence under O.C.G.A. § 51-12-33:
- If you are less than 50% at fault, you can recover damages, but they are reduced by your percentage of fault.
- If you are 50% or more at fault, you recover nothing.
An example
Say a jury finds your damages are $100,000 and that you were 20% at fault for not braking sooner. Your recovery is reduced by 20%, to $80,000. If the jury instead found you 50% at fault, you would recover $0.
Why insurers push fault onto you
Every percentage point of fault assigned to you lowers what the insurer pays. Common arguments include speeding, distracted driving, not wearing a seatbelt, or not watching where you were walking.
How fault is decided
Fault is based on evidence: police reports, photos, video, witness statements, vehicle data, and expert analysis. That is why documenting the scene early matters. See our post-accident checklist.
Multiple at-fault parties
When more than one party caused the injury, Georgia generally divides damages among them according to each party’s percentage of fault.
Recent changes to Georgia law
Georgia passed significant tort reform in 2025 that affects how some evidence and damages are handled in injury cases. If your case is active, ask an attorney how the current rules apply to you.
This article is for general information only and is not legal advice. Laws change and every case is different. Talk with a licensed Georgia attorney about your situation.