Bibb County courts apply Georgia’s statewide rule on shared fault, codified at O.C.G.A. § 51-12-33, known as modified comparative negligence. The principle is that more than one person can be partly responsible for a crash, and the law divides responsibility by percentage rather than treating fault as all-or-nothing.
In a contested case, the trier of fact, usually a jury, assigns each party a percentage of fault, and the statute directs that the fault of all contributors be considered, including non-parties who helped cause the harm. An injured person’s recovery is then reduced by their own share of fault. Someone judged 10 percent responsible for a $100,000 loss recovers $90,000. There is a hard cutoff, though. Under subsection (g) of the statute, a person who is 50 percent or more at fault recovers nothing, so the difference between 49 percent and 50 percent is the difference between a reduced award and no award.
Evidence shapes those percentages, and a recent change expanded what juries may weigh. Senate Bill 68, effective April 21, 2025, ended Georgia’s prohibition on seat belt evidence, allowing whether a person wore a seat belt to be considered in assessing negligence and causation in qualifying cases. Photographs, citations, expert analysis, and witness testimony also factor in. Because each defendant is generally responsible only for their own assigned percentage, multi-vehicle and multi-party crashes often involve each side trying to shift fault toward others. The same statute and the same 50 percent bar govern whether a case is heard in Bibb County State Court or Superior Court, since the rule is a matter of state law.