When a Motor Vehicle Accident Attorney is reviewing a car accident case, the key issue in determining liability is negligence. If the accident took place during bad weather, that must be considered. Was the driver acting as a reasonable person would or was the driver negligent in some way?
Weather Conditions and Liability
Suppose that it’s raining steadily and most drivers are going about 35 mph. One driver (John) passes them driving 60 mph. An insurance adjuster and perhaps judge and jury might decide that 35 mph was a reasonable speed for the road conditions. If there was a two car accident, John’s speed at 60 mph could be ruled negligent or even reckless, making John completely or partially liable for the accident.
Georgia’s Modified Comparative Fault Rule
Using the example above, suppose that Susan is driving toward John, driving 50 mph, faster than most drivers but slower than John. There’s an accident and Susan is badly injured. There could be many contributing factors to an accident such as drinking, tire blowout, texting, talking on the phone or simply not paying attention. To keep it simple, assume that driving too fast on a rain-slick road surface caused the accident.
The modified comparative fault rule means that damages will be reduced if it’s found that the injured person was partly to blame for the accident. In this example, John might be considered 70% at fault and Susan was 30% at fault. If damages were $100,000, Susan would receive only $70,000 ($100,000 – $30,000 or Susan’s 30% fault for the accident).
A Pedestrian’s Actions
Normally a driver is held liable when a pedestrian is involved in an accident, but the pedestrian’s behavior could be considered. Suppose the pedestrian was wearing dark clothing on a rainy night and not using a flashlight while crossing the road or the pedestrian was drunk and walking in the road. Both the driver and pedestrian would probably be partly to blame for the accident.
Deciding liability is critical but can become very complicated, especially considering Georgia’s modified comparative fault rule. Speaking with an attorney as soon as possible after the accident allows a thorough investigation on behalf of the injured client. In Macon and Dublin, GA, Edwards & Bullard Law has received a “Superb” Avvo rating for the quality of their services. To schedule a free consultation with an experienced Motor Vehicle Accident Attorney, contact Edwardsandbullardlaw.com. You can also watch video on YouTube channel for more information.
