For many people in Georgia, the issue of assigning liability for a car accident may seem fairly cut-and-dry. This comes from the assumption that typically one (and only one) party owns the blame for a collision. Yet while that may be true in some cases, in many others there is blame to go around.
In such scenarios, the principle of contributory negligence applies. Georgia law requires that investigators determine each party’s degree of fault in an accident case and assigns liability accordingly. Making that determination, however, can be quite complex.
Fatal crash occurs near Florida-Georgia border
That is the task currently facing authorities following a fatal collision near the Florida-Georgia border. Per reports from the Graham Media Group, the driver of an SUV inexplicably came to a stop in the northbound lanes of Interstate 95. A car following behind subsequently struck the vehicle. The occupants of the car sustained minor injuries, while the driver of the SUV died in the collision.
A case such as this presents many questions. Why did the driver of the SUV stop on the freeway? Was the driver of the car following too closely behind? Such issues need resolution in order to successfully process a liability claim.
Compensation based on contributory negligence
Confusion may exist over how civil court officials determine compensation in a case involving contributory negligence. Essentially the court assigns a percentage of blame to each party involved in an accident. Each party then must cover the compensation for all of those involved according to that percentage. Thus, in a case where one assumes 20% of fault in an accident while another party holds 80% of the blame, that person may seek compensation for 80% of their expenses from the other party. Those needing assistance in handling such a complex scenario may do well to seek out the assistance of an experienced legal professional.