Georgia Car Accident Laws: Complete Legal Guide 2025 | Know Your Rights | The Wilson PC

Georgia follows a "modified comparative negligence" rule with a 50% bar (O.C.G.A. § 51-12-33). This is one of the most important laws affecting your car accident case.

How It Works

The 50% Bar Rule:

If you're LESS than 50% at fault:

• You can recover compensation

• Your recovery is reduced by your percentage of fault

• Example: $100,000 in damages, you're 30% at fault = you recover $70,000

If you're 50% or MORE at fault:

• You recover ZERO dollars

• Even 50% exactly = no recovery

• Case is completely barred

Real-World Examples

Example 1: Rear-End Collision

• You're rear-ended at stoplight

• Other driver claims you "stopped suddenly"

• Jury finds you 0% at fault, other driver 100% at fault

• You recover: Full amount ($100,000)

Example 2: Intersection Accident

• You enter intersection on yellow light

• Other driver runs red light and hits you

• Jury finds you 20% at fault for not yielding, other driver 80% at fault

• You recover: $100,000 - 20% = $80,000

Example 3: Lane Change Accident

• You change lanes without checking blind spot

• Other driver speeding in that lane

• Jury finds you 60% at fault, other driver 40% at fault

• You recover: $0 (barred by 50% rule)

Why Insurance Companies Fight Over Fault

Every percentage point matters:

• Shifting 10% more fault to you = 10% less they pay

• If they can prove you're 50%+ at fault = they pay nothing

• This is why they investigate aggressively

• This is why your attorney must fight fault allegations

Common Insurance Tactics:

• Claiming you were speeding (even without proof)

• Arguing you were distracted by phone

• Using your apology as admission of fault

• Blaming you for "defensive driving failures"

Protecting Yourself

At the scene:

• Never admit fault or apologize

• Don't say "I didn't see you" or "I wasn't paying attention"

• State facts only

• Document everything thoroughly

After the accident:

• Hire an attorney who will fight fault allocation

• Gather evidence proving other driver's negligence

• Don't give recorded statements without legal advice

You have LIMITED TIME to file a lawsuit in Georgia. Miss the deadline and you lose your right to compensation forever – no exceptions.

Filing Deadlines

Personal Injury Claims:

• 2 years from the date of the accident

• Covers injuries, pain and suffering, medical bills, lost wages

• O.C.G.A. § 9-3-33

Property Damage Claims:

• 4 years from the date of the accident

• Covers vehicle damage, personal property damage

• O.C.G.A. § 9-3-32

Wrongful Death Claims:

• 2 years from the date of death

• May be different from accident date if victim died later

• O.C.G.A. § 9-3-33

Claims Against Government Entities:

• 6 months to file ante litem notice

• Must notify city/county before filing lawsuit

• Strict requirements and short deadline

• O.C.G.A. § 36-33-5

Important Exceptions

Minors (Under 18):

• Clock doesn't start until they turn 18

• Then 2-year countdown begins

• Parents can file on behalf of minor child

Mental Incapacity:

• Clock may be tolled (paused) if victim is mentally incapacitated

• Resumes when capacity is restored

• Requires medical documentation

Defendant Leaves Georgia:

• Clock may pause while defendant is out of state

• Complex rules apply

Discovery Rule:

• In rare cases, clock starts when injury is "discovered"

• Usually doesn't apply to car accidents (injury is immediately apparent)

• Sometimes applies to latent injuries

Why You Shouldn't Wait

Don't wait until the deadline:

Evidence Disappears:

• Surveillance footage deleted (often 30-90 days)

• Witnesses' memories fade

• Physical evidence deteriorates

• Accident scene changes

Medical Documentation:

• Gaps in treatment hurt your case

• Delayed claims suggest injuries aren't serious

• Insurance uses time against you

Insurance Suspicions:

• Why did you wait so long?

• Claims delayed filing means weak case

• Uses delay to reduce settlement offers

Investigation Takes Time:

• Attorney needs time to investigate thoroughly

• Gathering records takes weeks/months

• Expert analysis requires scheduling

• Settlement negotiations take time

Best Practice: Contact an attorney within days of your accident, not months or years later.