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Comparative fault in Georgia
Being partly at fault doesn’t automatically end your case.
The rule
If you are less than 50% at fault, you can recover damages reduced by your percentage of fault. At 50% or more, you recover nothing.
| Your share of fault | Total damages | You recover |
|---|---|---|
| 0% | $100,000 | $100,000 |
| 20% | $100,000 | $80,000 |
| 49% | $100,000 | $51,000 |
| 50% | $100,000 | $0 |
Example numbers only, to show the math.
How fault gets argued
- Speed, distraction and lane position
- Seatbelt use, which may now be considered after 2025 changes
- Whether a hazard was open and obvious in premises cases
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