Comparative Fault FAQs

Yes. O.C.G.A. § 51-12-33 applies to all tort cases in Georgia, including commercial trucking accidents, rideshare crashes, and delivery vehicle collisions. However, these cases also involve federal regulatory frameworks (FMCSA) that create additional duties—and additional sources of fault for defendants.

Yes—in virtually every case, the defense will attempt to find some basis to attribute fault to you, even if the primary cause of the crash was the defendant’s conduct. This is why independent evidence collection is so important.

At trial, the jury receives a special verdict form asking them to assign percentages of fault to each party, including any non-parties identified by the defendants. The jury must find that the percentages total 100%. The judge then applies the O.C.G.A. § 51-12-33 formula to calculate the final damages award.

In a settlement, fault percentage is essentially negotiated—there is no binding determination. Insurance adjusters assert a percentage, and your attorney pushes back with evidence. The final settlement figure usually reflects an implied agreed fault split, even if neither side states it explicitly.

Yes—as long as you are found to be 49% or less at fault, you can recover damages reduced by your fault percentage. However, if you are found 50% or more at fault, you are completely barred from recovery.