Car Accident FAQs | Millar & Mixon


Q: “A taxi ran a red light and hit my daughter going through an intersection. My daughter was driving above the speed limit and was talking on her cell phone at the time. Is there any chance she might be prevented from recovering for her injuries (comparative negligence)?”
A: “If a motor vehicle accident victim’s own negligence contributed to their injuries, it may impact the amount of money recovered in a personal injury or wrongful death lawsuit. Georgia law is governed by a modified comparative fault statute. Under this law, if an automobile accident victim was responsible to some degree for their injury, a court will determine the percentage of the person’s fault and reduce their recovery proportionally. If it’s somehow determined that a person’s fault exceeds that of the other driver, or the person could have avoided the consequences caused by the other driver’s negligence, recovery may be barred.”
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