You can file a personal injury claim even if you contributed to the accident, as long as you were not 50 percent or more at fault under Georgia comparative negligence laws.

So, proving the defendant is liable for your accident and presenting evidence that you are not at fault or that minimizes your percentage of fault is vital to the success of your case.

If you need help after an accident that caused you serious injury, call S. Burke Law at 404-842-7838 for a free consultation.

How Your Fault Affects Your Recovery in a Personal Injury Accident

As long as your fault amounts to less than 50 percent, you can recover under Georgia law, although your fault reduces your recovery by the percentage of your fault.

For example, if your fault amounts to 10 percent, you can recover 90 percent of your damages.

Comparative negligence, the severity of your injury, and the strength of your case all factor into your recovery. Talk with attorney Sheryl L. Burke about your case. Get a free consultation by calling 404-842-7838.

Proving Fault for a Personal Injury Accident

Your case must clearly establish that the defendant is liable for your accident. This involves four elements:

  • Defendant owed the plaintiff a duty of care.
  • Defendant acted negligently.
  • Defendant’s negligence caused the plaintiff’s injuries.
  • Plaintiff suffered damages.

How to Prove a Party Was at Fault for Your Accident

The manner you may prove the defendant’s fault and liability varies depending on the types of case. For example:

  • You can prove negligence in a car accident by proving a driver was texting at the time of the accident.
  • You can prove liability in a slip and fall case by showing the property owner knew or should have known of a hazard and failed to take action.
  • You can prove negligence in a motorcycle accident by establishing that another driver failed to yield to you and struck your motorcycle.

Gathering Evidence to Support Your Case & Fight Allegations of Partial Fault

If the defendant tries to blame you for the accident or argue that you are partially to blame, your case should present evidence to fight those allegations and clearly establish the defendant’s fault.

Some types of evidence that may be important to prove fault for your accident include:


A lawyer at S. Burke Law can help you gather any available video surveillance, such as:

  • Cell phone video
  • Security camera footage
  • Dashboard video

Police Reports

The police report may contain information that supports your case, such as:

  • Which party caused the accident
  • Citations issued to the defendant
  • Description of how the accident happened


Photographs of the accident scene, vehicles involved (in the case of a car accident), and your injuries may help support your case and prove liability. A photograph may help demonstrate:

  • What caused your fall (for a slip and fall case)
  • Extent of damage to your vehicle
  • Severity of your injury

Medical Records

Medical records can help connect your injuries to the accident and establish the value of your case. They may also be helpful in fighting allegations that your injuries are preexisting and unrelated to the accident.

Statements From Eyewitnesses

Your lawyer can interview eyewitnesses about how the accident happened and who caused it. Save any contact information from eyewitnesses and share them with your lawyer at S. Burke Law.

Expert Witness Testimony

Expert witnesses – e.g., accident reconstruction experts, doctors, engineers, vocational experts, etc. – can testify about how the accident happened and who is at fault. Your lawyer at S. Burke Law can secure testimony from expert witnesses who can help support your case.

Get Help at S. Burke Law to Build and Support Your Case

If your percentage of fault is 50 percent or greater, you cannot recover compensation. If your percentage of fault is less than 50 percent, you can recover compensation, but it is reduced by your percentage of fault.

So, if you are filing a personal injury case, you must present a well-supported case that proves the defendant’s liability.

The more evidence in support of your personal injury claim, the better off your case may be. Act now before evidence disappears and to ensure you meet Georgia’s statute of limitations.

If you suffer injuries in a personal injury accident, contact S. Burke Law at 404-842-7838 for a free consultation.