Contact Me Today (678) 661-9585


"Modified comparative negligence" law in Georgia

Posted by Richard Armond | Feb 14, 2018 | 0 Comments

Fatal Car Accident in Gwinnett County

This past Monday a construction worker was fatally injured when he was struck by a car in a tragic accident near Lawrenceville-Suwanee Road, according to a report from the AJC. This post will outline someone of the issues a Georgia personal injury and wrongful death attorney practicing in Gwinnett County or metro Atlanta would look at if a loved were to do a free consultation for a case such as this. Trial lawyer Richard Armond of The Armond Firm, LLC, offers free consultations on Georgia personal injury and wrongful death cases.

The essential facts of the AJC report are that a construction worker who was wearing a reflective jacket and helmet was struck by a car in the area of Lawrenceville-Suwanee Road (Ga. 317) and I-85 near I-985 in Gwinnett County, Georgia. The construction worker died later at the hospital. According to the Gwinnett County Police Department charges are forthcoming on the driver. 

"Modified comparative negligence" law in Georgia

One of the first things a Georgia injury attorney in a wrongful death case would look at in a case like the fatal car accident in Gwinnett County outlined in the AJC story is liability. In a consultation setting, this may not always be clear. Georgia law is a "modified comparative negligence" state, as per O.C.G.A. § 51-12-33. A plaintiff can recover if he, or in the case of wrongful death those who can recover on his behalf, is less than 50% at fault. If the deceased was negligent in some way (example: was he in the roadway where he should not have been or was he follow proper safety protocols), but 49.9% responsible or less, there can be an award. If a jury ultimately finds the plaintiff 50% or more at fault, there is no recovery. Also, the plaintiff's recovery is reduced by the percentage he is at fault. An attorney would not necessarily know enough details at a consultation to know who all the parties in a lawsuit would be, but the driver of the vehicle, the worker's employer, other construction companies working at the site, conditions of the site, etc., are all things an attorney will analyze.

A Georgia personal injury and wrongful death attorney in a fatality car accident case such as this one will try to determine:

1.  Was the driver of the vehicle at fault? The police seem to indicate charges are forthcoming. I stress that at this time full details are unknown as to whether the driver violated any laws or was negligent in his or her operation of the vehicle. However, if there is evidence of negligence and/or a violation of the rules of the road the driver and his insurance company will be a potential source of recovery. Later, we would be able to determine how much insurance coverage was in place.

2. Was the construction worker an employee at the time (and not an independent contractor)? Georgia law has some limited allowance for recovery for a death during the course of employment at O.C.G.A. § 34-9-265 (workers compensation). A Georgia personal injury and wrongful death attorney will certainly look to see if the workers compensation laws are applicable to any wrongful death in the course of employment.

3. Was the victim responsible in any way? Again, not knowing all the details of the investigation, this will be difficult to ascertain at a consultation, but it is something to analyze when investigating the case. 

4. Are there any other parties who were negligent or contributed to this death? You always have too look at all aspects of the case. Were other companies working on the road and may they be responsible?

5. Did the victim have uninsured motorist coverage on any auto insurance policy in his household? If so, the insurance company must be notified promptly as any such policy may likely cover him for this wreck, but there are typically strict time limitations in those insurance contracts which require notification in writing to the insurance company promptly. 

Who is the proper person to bring a wrongful death lawsuit on behalf of the deceased?

A Georgia personal injury and wrongful death attorney will need to determine who can bring a claim and lawsuit in a case such as this. I have posted before (click here) on who the proper party is in a lawsuit. The correct person must bring the action. Additionally, if workers compensation is applicable, Title 34, Chapter 9 will control who, if anyone, has a claim as a dependent of the deceased.

The initial AJC report seems to indicate this tragic car accident may have wrongfully took the life of a person. Our thoughts and prayers are with those he left behind. Georgia fatality traffic accidents occur too frequently and leave families without a loved one and often in financial distress.

If a loved one of yours has been lost in a car accident or any other wrongful death at the hands of another in Georgia, please contact Gwinnett County based personal injury lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.

About the Author

Richard Armond

Contact attorney Richard C. Armond at (678) 661-9585 for a free consultation. Experience: Trial Attorney, The Armond Firm, LLC, May 2017 to Present Assistant District Attorney, Gwinnett County District Attorney's Office, January 2011 to May 2017 Senior/Supervising Assistant District Attor...


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Me Today

The Armond Firm LLC is committed to answering your questions about Personal Injury and Estate Law issues in Georgia.

I'll gladly discuss your case with you at your convenience. Contact Me today to schedule an appointment.

The Armond Firm, LLC, all rights reserved. Attorney Richard C. Armond is licensed in the State of Georgia. This website is for informational purposes only and no information on this site should be taken as legal advice, nor does any use of the information constitute an attorney-client relationship with any visitor to the site. Always seek legal advice from a licensed attorney.