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In a modified comparative negligence approach (the system that's in place in Georgia), the injured party can only recover as long as they are less than 50 percent at fault for the injuries sustained. However, the amount of the damages that they recover will be reduced in proportion to the amount of their fault.
Common Situations of Negligent Entrustment The driver is ruled incompetent; The employer knew or should have known of this incompetence; The employer entrusted the vehicle to the driver within the scope of work; or. The driver was negligent and caused the accident.
§ 51-12-33. Under Georgia law, if a jury determines that you were 49% at fault, then you can collect compensation equal to 51% of the damages. For instance, if your damages were $100,000, your award would be reduced to $51,000. You would not collect anything if you are equally, or 50% at fault.
Because most insurance coverage follows the insured vehicle and not the named policyholder, your insurance policy will likely cover their collision. However, if the driver in someone else's car caused the accident, that person will be liable for any resulting injuries and property damage.
In Georgia, a person or business may be held liable for another person's injury or death where that person or business was negligent in loaning or entrusting a motor vehicle to a driver despite knowing that the driver was incompetent or unfit to operate the vehicle safely.
In a modified comparative negligence approach (the system that's in place in Georgia), the injured party can only recover as long as they are less than 50 percent at fault for the injuries sustained. However, the amount of the damages that they recover will be reduced in proportion to the amount of their fault.
To prove negligence per se, you must show a violation of a statute, that the harm complained of was the harm the statute was meant to protect against, that the person harmed fell into the class of persons the statute was intended to protect, and that the violation caused the injury.
Georgia is an at-fault state, so a driver who causes a collision can be held liable for losses and made to compensate victims. This is true even if the injuries or losses were relatively minor.