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Georgia’s 50% Comparative Negligence Rule Explained

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In Georgia, you can still recover money for an injury even if you were partly at fault. But your award is reduced by your share of the blame. And if you were 50 percent or more at fault, you get nothing at all.

What the Law Says

O.C.G.A. § 51-12-33, Reduction and apportionment of award according to percentage of fault, states:

(a) Where an action is brought against one or more persons for injury to person or property and the plaintiff is to some degree responsible for the injury or damages claimed, the trier of fact, in its determination of the total amount of damages to be awarded, if any, shall determine the percentage of fault of the plaintiff and the judge shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her percentage of fault.

(b) Where an action is brought against one or more persons for injury to person or property, the trier of fact, in its determination of the total amount of damages to be awarded, if any, shall after a reduction of damages pursuant to subsection (a) of this Code section, if any, apportion its award of damages among the person or persons who are liable according to the percentage of fault of each person. Damages apportioned by the trier of fact as provided in this Code section shall be the liability of each person against whom they are awarded, shall not be a joint liability among the persons liable, and shall not be subject to any right of contribution.

(c) In assessing percentages of fault, the trier of fact shall consider the fault of all persons or entities who contributed to the alleged injury or damages, regardless of whether the person or entity was, or could have been, named as a party to the suit.

(g) Notwithstanding the provisions of this Code section or any other provisions of law which might be construed to the contrary, the plaintiff shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed.

You can read the full statute on the Georgia General Assembly’s official code site.

In Plain English

Georgia uses a system called “modified comparative negligence.” Negligence means carelessness. Comparative means the jury compares everyone’s carelessness. Modified means there is a cutoff point.

Here is how it works. The jury (or the judge, if there is no jury) first decides how much money your injury is worth. Then it decides what percentage of the fault belongs to you. The judge cuts your award by that percentage. If you were 20 percent at fault, you lose 20 percent of your award.

The cutoff is the key part. If the jury says you were 50 percent or more at fault, you recover nothing. Not half. Nothing. This is why the rule is often called the “50 percent bar.” Many other states let you recover at 50 percent. Georgia does not. You must be 49 percent at fault or less.

The statute also covers cases with more than one defendant. The jury splits fault among all the people who caused the harm. Each defendant pays only their own share. This is called “apportionment.” Under subsection (b), the defendants do not share one joint debt. If one defendant cannot pay, the others do not have to cover that part.

Subsection (c) says the jury must consider the fault of everyone who contributed to the harm. That includes people who are not part of the lawsuit. A defendant can point the finger at someone who was never sued. Under subsection (d), the defendant must give notice at least 120 days before trial to do this. Fault placed on a nonparty lowers the share the named defendants pay. But that nonparty does not owe you anything from that verdict.

Insurance adjusters know this rule well. They often try to push some blame onto you to lower what they pay. Small facts matter. Were you speeding a little? Were you looking at your phone? Did you ignore a warning sign? Each of these can raise your percentage of fault.

Example

Maria was hurt in a crash in Macon on March 3, 2026. A truck ran a red light and hit her car. But Maria was going 10 miles over the speed limit. Her medical bills, lost wages, and pain and suffering came to $100,000.

The jury found the truck driver 80 percent at fault and Maria 20 percent at fault. The judge reduced her $100,000 award by 20 percent. Maria received $80,000.

Now change the facts. Suppose Maria was also texting when the light changed. The jury might find her 50 percent at fault. Under subsection (g), she would receive $0. The same $100,000 in losses would go unpaid.

Now suppose there were two defendants. The truck driver was 60 percent at fault. The trucking company was 20 percent at fault for bad brakes. Maria was 20 percent at fault. Her award drops to $80,000. The driver owes $60,000. The company owes $20,000. Neither has to pay the other’s share.

Key Points to Remember

  • Georgia reduces your award by your percentage of fault.
  • If you are 50 percent or more at fault, you recover nothing.
  • You must be 49 percent or less at fault to recover anything.
  • Each defendant pays only their own share of the damages.
  • The jury can assign fault to people who were never sued.
  • Defendants must give notice 120 days before trial to blame a nonparty.
  • Insurance companies often try to shift blame to you to lower payouts.

Related Georgia Laws

Official Sources

This page is general legal information, not legal advice. Laws change and every case is different. Talk to a licensed Georgia attorney about your situation.