Walter Grantham

Quick Summary:
In Georgia, you can still recover compensation after an accident as long as you are less than 50% at fault. This rule is called modified comparative negligence. If you are partially responsible, your compensation is reduced by your percentage of fault — but you are not barred from recovery unless you are 50% or more responsible. At Grantham Law, LLC, a Marietta-based personal injury attorney serving Cobb County and the greater Atlanta metro, we help injured clients protect their rights and push back against unfair blame.

 

What Is Comparative Negligence in Georgia?

Georgia follows what’s known as a modified comparative negligence rule. In plain terms, that means:

• You can recover damages if you are 0–49% at fault.
• Your compensation is reduced by your percentage of fault.
• If you are 50% or more at fault, you cannot recover damages.

This rule often becomes a major issue in personal injury cases in Marietta and throughout Cobb County, especially when insurance companies try to shift blame onto the injured person.

 

At Grantham Law, LLC, we regularly see insurers argue that the victim “shared responsibility.” Understanding how Georgia’s rule works can make a big difference in how your claim is handled.

 

How Compensation Is Reduced

Here’s a simple example.

 

Let’s say your total damages — including medical bills, lost income, and pain and suffering — equal $100,000.

If a jury determines you were:

• 10% at fault, you recover $90,000.
• 25% at fault, you recover $75,000.
• 49% at fault, you recover $51,000.
• 50% at fault, you recover nothing.

That 50% threshold is critical. Insurance companies know it. And they often try to push your percentage as high as possible to reduce what they pay.

 

This is where working with an experienced Marietta personal injury attorney like Grantham Law, LLC becomes essential.

Example 1: Car Accidents in Marietta

Car accidents on busy roads like I-75, Cobb Parkway (US-41), or Barrett Parkway frequently involve disputes about fault.

Imagine this scenario:

 

You are driving through an intersection in Marietta when another driver runs a red light and hits you. However, you were traveling slightly above the speed limit.

 

The insurance company may argue:

• The other driver ran the light (clearly negligent).
• But you were speeding, contributing to the severity of the crash.

If a jury finds:

• The other driver 80% at fault.
• You 20% at fault.

You can still recover damages — reduced by 20%.

 

Without strong legal representation, insurers may exaggerate your role in the crash. At Grantham Law, LLC, we investigate police reports, traffic camera footage, and witness statements to protect clients from unfair blame.

 

Example 2: Pedestrian Accidents

Pedestrian accident cases often involve aggressive blame-shifting.

 

Suppose you’re crossing at a marked crosswalk in Marietta, and a driver fails to yield. However, the driver claims you “darted into the road” or were distracted by your phone.

 

Georgia law still allows you to recover damages if you are less than 50% responsible. But insurers frequently argue pedestrians were partially at fault.

 

In a Cobb County pedestrian accident case:

• A driver might be found 70% responsible.
• The pedestrian 30% responsible for not paying full attention.

The pedestrian would still recover compensation — just reduced by 30%.

 

At Grantham Law, LLC, we know how to gather surveillance footage, accident reconstruction analysis, and eyewitness accounts to counter exaggerated claims of pedestrian fault.

Example 3: Slip and Fall Claims

Comparative negligence also plays a major role in slip and fall cases.

 

Let’s say you slip on a wet floor inside a grocery store in Cobb County. The store failed to put out a warning sign. However, the defense argues you were looking at your phone and not watching where you walked.

 

A jury might decide:

• The store is 75% at fault for failing to warn customers.
• You are 25% at fault for not paying attention.

You would still recover 75% of your damages.

 

Property owners and their insurers commonly argue that a hazard was “open and obvious.” At Grantham Law, LLC, we work to show that the property owner had the primary responsibility to maintain safe conditions.

 

Why Comparative Negligence Is So Important

Georgia’s rule gives injured victims a fair opportunity to recover compensation — but it also gives insurance companies room to argue.

Common insurer tactics include:

• Claiming you were distracted.
• Arguing you reacted too slowly.
• Suggesting you violated a minor traffic rule.
• Saying the hazard was obvious.
• Blaming you for wearing the wrong footwear or clothing.

Even small percentages of fault can significantly reduce your recovery. That’s why early legal guidance matters.

At Grantham Law, LLC, we serve clients throughout Marietta, Cobb County, and the greater Atlanta metro by:

• Conducting independent investigations.
• Preserving evidence quickly.
• Consulting experts when needed.
• Challenging inflated fault claims.
• Negotiating aggressively with insurers.

The Bottom Line for Injured Victims in Marietta

If you’ve been injured in a car accident, pedestrian crash, or slip and fall in Cobb County, don’t assume partial fault means you don’t have a case.

Under Georgia’s comparative negligence rule:

• You can recover compensation if you are less than 50% responsible.
• Your damages are reduced by your percentage of fault.
• Insurance companies often try to increase your fault to lower their payout.

The sooner you speak with a knowledgeable Marietta personal injury attorney, the better positioned you are to protect your claim.

Request a Free Case Evaluation Today

If you were injured in Marietta or anywhere in Cobb County, Grantham Law, LLC is here to help. We provide experienced, personalized representation and work directly with our clients every step of the way.

 

Don’t let insurance companies unfairly assign blame or reduce your compensation.

 

Grantham Law, LLC proudly serves Marietta, Cobb County, and the greater Atlanta metro area, fighting to protect the rights of injured individuals and their families.