It is a common scenario on the Downtown Connector or I-285: you are traveling a few miles per hour over the speed limit when another driver suddenly merges into your lane without looking, causing a serious collision. In the aftermath, you might feel a wave of guilt or worry. You might ask yourself, “Since I was speeding, does that mean I lose my right to seek compensation for my medical bills and vehicle damage?”
The answer in Georgia is a resounding no, but there are important legal “rules of the road” you need to understand. While speeding is a form of negligence, it does not automatically bar you from recovery. At Simon Bridgers Spires, we help clients navigate these complex situations every day, ensuring that a minor traffic infraction does not prevent them from getting the justice they deserve.
Understanding Georgia’s Modified Comparative Negligence Law
Georgia operates under a legal principle called modified comparative negligence. This system acknowledges that accidents are rarely the result of just one person’s actions. Often, both drivers contributed to the crash in different ways. In a courtroom, a jury is tasked with assigning a percentage of fault to everyone involved.
The “50 Percent Bar” is the most critical part of this law. Under Georgia Code § 51-12-33, you can recover damages as long as your percentage of fault is less than 50 percent. If you are found to be 49 percent responsible for the crash because you were speeding, you can still collect a check. However, if you are found 50 percent or more at fault, you are legally prohibited from recovering any money at all.
How Speeding Affects Your Settlement Amount
While you can still sue if you were speeding, your speeding will likely act as a “discount” on your final settlement or verdict. Your total compensation is reduced by your assigned percentage of fault.
For example, imagine your total damages (medical bills, lost wages, and pain and suffering) equal $100,000. If a jury determines that the other driver was 80 percent at fault for failing to yield, but you were 20 percent at fault for speeding, your award would be reduced by 20 percent. In this scenario, you would walk away with $80,000.
In the high-stakes environment of Atlanta litigation, even a 5 percent or 10 percent shift in fault can mean thousands of dollars. This is why having Atlanta auto accident lawyers on your side is vital. We work to minimize your fault percentage by proving that the other driver’s negligence was the primary cause of the collision.
The Impact of the 2025 Georgia Tort Reform (SB 68)
If your accident happened recently, you should be aware of the major changes brought by Senate Bill 68, which was signed into law in 2025. These reforms have changed the way evidence is presented in Atlanta courtrooms.
One major change involves “Phantom Damages.” Previously, juries usually only saw the total amount a hospital billed you. Now, they are permitted to see both the original bill and the actual, lower amount your health insurance paid. Additionally, evidence of seatbelt use is now fully admissible. If you were speeding and not wearing a seatbelt, insurance defense lawyers will use both facts to try and push your fault percentage toward that dangerous 50 percent mark.
How We Prove the Other Driver Was Primarily at Fault
To win a case where you were speeding, we must demonstrate that the other driver’s error was more significant than your speed. For instance, if a driver turns left directly into your path at an intersection, their failure to yield is often seen as a much more dangerous violation than you going 10 mph over the limit.
Our team at Simon Bridgers Spires uses several tools to build this defense:
- Accident Reconstruction: We work with experts who can calculate exactly how much your speed contributed to the impact compared to the other driver’s maneuver.
- Black Box Data: Modern vehicles contain Electronic Data Recorders (EDRs). We can pull this data to show exactly when you hit the brakes and what your speed was.
- Witness Testimony: Neutral third parties can often confirm that the other driver’s actions were the immediate and primary cause of the wreck.
- CCTV and Dashcam Footage: In a city as busy as Atlanta, there is often a camera nearby. We move quickly to preserve this footage before it is deleted.
Why Choose Simon Bridgers Spires?
With over 60 years of combined legal experience and more than $100 million recovered for our clients, our firm knows exactly how Atlanta insurance companies operate. Our managing partner, Christopher Simon, is a former insurance defense attorney. He knows the “playbook” they use to blame victims for their own injuries. We use that insider knowledge to build a wall of evidence that protects you from unfair fault assessments.
We understand that an accident is a traumatic event. You are dealing with physical pain and the stress of a damaged vehicle. Our goal is to handle the legal heavy lifting so you can focus on healing. We operate on a contingency fee basis, which means you pay us nothing unless we win your case. We take on the financial risk because we believe in the cases we select.
Take the Next Step Toward Recovery
Do not let the fact that you were speeding stop you from seeking the compensation you need to pay your medical bills and support your family. The law in Georgia is designed to be fair, but you need a dedicated legal team to ensure that fairness is applied to your case.
If you have been injured in a collision, contact Simon Bridgers Spires today. We offer free consultations to help you understand where you stand under Georgia’s comparative negligence rules. Start your journey toward justice today!