A jury or judge assigns every driver a percentage, and each owes only that share. O.C.G.A. § 51-12-33(b) makes those shares separate: they “shall not be a joint liability among the persons liable, and shall not be subject to any right of contribution.”
Suppose, for example, $300,000 in damages, with Driver A at 50 percent, Driver B at 30, and the plaintiff at 20. The total is reduced to $240,000. Driver A owes $150,000 and Driver B owes $90,000. If Driver B has only the minimum $25,000 policy, the plaintiff may look to B’s assets or to uninsured motorist coverage for the rest, since Driver A won’t cover it.
Drivers who aren’t sued still count. Under § 51-12-33(c), the jury considers all contributors “regardless of whether the person or entity was, or could have been, named.” That includes a driver who left the scene or a company that owned a truck. The defense must give notice at least 120 days before trial, (d). Fault on a nonparty lowers what named defendants pay and doesn’t create liability for that nonparty, (f).
An employer answers for its driver, within scope, under § 51-2-2, and that combined share isn’t a separate slice for the same act. A company’s own negligent entrustment can be a separate share, after Quynn v. Hulsey (2020).
SB 68 added § 51-12-15, which lets any party demand that fault be decided in the first phase of the trial. Seat belt nonuse may also be considered on apportionment under § 40-8-76.1(d), depending on when the case began.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.