Partial Fault Pedestrian Accident

I had a client call me recently who was injured as a pedestrian walking down the road on Laney Walker Boulevard. The client asked me if they could be partially at fault and still recover damages in the case. If you’re reading this, you may have the same question. I’ll tell you what I told the client.

The state of Georgia is a comparative negligence state. What that means is if the fault of a driver is 51% more or greater, then they are responsible for the case. In other words, if they’re 51% negligent or greater, then the injured person can recover in the case. For example, if a jury gives a verdict of $100,000 and the jury finds that the driver is 80% responsible, and the pedestrian is 20% responsible, the pedestrian would recover $80,000.