Yes. Anyone can file a lawsuit in Georgia, including the driver who caused the crash. Whether that driver collects anything is a separate question. It turns on each person’s share of fault. A Columbus car accident lawyer can look at the claim and tell you where you stand.
Being sued after a wreck you didn’t cause is unsettling. It doesn’t mean you have to accept blame. It doesn’t mean the other driver will win, either.
Why can a driver who caused the crash still file a lawsuit?
Because filing is easy and winning isn’t. The court lets both sides put up evidence. A judge or jury then decides who is at fault for the accident.
Expect the other side to look for a share of the blame to hand you. Their car accident attorney may argue the police reports left something out. They may point to photos, videos, witness statements, and vehicle damage that tell a different story about the auto accident.
Can an at-fault driver actually recover damages in Georgia?
Georgia follows modified comparative negligence. Two drivers can share fault for the same crash, and a jury puts a number on each one.
A driver who is 50% or more responsible recovers nothing. Below 50%, the award drops by that driver’s share. Someone 40% at fault collects 60% of the damages.
That math applies to everything they ask for: medical bills, other medical expenses, lost wages, property damage and pain and suffering. So the argument is usually about the percentage of fault, not about whether a crash happened. What negligence means in Georgia is worth a read if you want the longer version.
Does not wearing a seat belt change what they can recover?
It can now. Georgia’s seat belt law changed on April 21, 2025. For cases brought on or after that date, a jury may hear that someone wasn’t buckled. It may weigh that on negligence, comparative negligence, causation, and the size of the damages. Cases that started earlier fall under the old rule, which kept the evidence out.
What should I do if I’m served with a lawsuit after a crash?
Tell your insurance company the day you’re served. Late notice is one of the few things that can put your own insurance coverage at risk. Your policy most likely requires the insurer to hire a lawyer and defend you, as long as the claim falls within your limits.
Send the insurer everything you receive, and don’t let the clock run. In Georgia, you have 30 days to answer a complaint.
If the other driver asks for more than your policy covers, your own money is exposed. That’s the point of having a personal injury attorney read the policy next to the claim.
Can you file your own claim against them?
Often, yes. If you were hurt in the same wreck, you may have a claim of your own. A personal injury lawyer can bring it as a counterclaim in the case already against you, which keeps both sides of the story in front of the same jury.
Georgia gives you two years to file for injuries and four years for damage to the car.
Sued after a crash in Columbus? Fox Injury Law can help.
Fox Injury Law has an office in Columbus, and Melody and Chris Fox bring 30 years of combined experience to car crashes across Georgia. We work on a contingency fee basis, and you pay no attorney’s fees unless compensation is recovered.
Call our law firm at (404) 777-7778 to schedule a free consultation, or contact us online.
