A jury trial is the final mechanism for resolving a Georgia car accident dispute when settlement negotiations and mediation fail. Understanding how juries are selected, how evidence is presented, how SB 68’s bifurcation option changes the trial structure, and how verdicts can be challenged after the fact provides a realistic picture of what going to trial means.
Georgia Civil Jury Basics
Georgia civil jury trials in Superior Court use 12 jurors. State Court trials may use 6 or 12 depending on the case. A civil verdict in Georgia does not require unanimity: a three-fourths majority (9 of 12 in Superior Court) is sufficient for a verdict under O.C.G.A. § 9-10-5.
This non-unanimous requirement means that the plaintiff does not need to convince every juror, only a supermajority. Conversely, the defense does not need a single holdout to win; they need four jurors to prevent a plaintiff verdict.
Voir Dire: Jury Selection
Georgia allows attorney-conducted voir dire, meaning the attorneys (not just the judge) question prospective jurors directly about their backgrounds, experiences, biases, and attitudes relevant to the case. Both sides receive peremptory strikes to remove jurors without stating a reason, and challenges for cause to remove jurors who demonstrate actual bias.
Jury selection in car accident cases focuses on identifying jurors who have strong pre-existing opinions about lawsuits (both pro-plaintiff “lawsuit abuse” skeptics and pro-defendant “corporations are always wrong” perspectives), jurors with personal experience with car accidents or insurance claims, jurors with medical backgrounds who may evaluate injury evidence independently rather than through the testimony, and jurors whose employment or financial situation might create sympathy or hostility toward either party.
Bifurcation and Trifurcation Under SB 68
This is the single reference page for how split trials work in Georgia car accident cases. SB 68 (effective April 2025) allows any party to elect bifurcation or trifurcation in personal injury and wrongful death cases where the amount in controversy exceeds $150,000.
Phase 1: Liability and Fault Allocation
The jury decides who was at fault and assigns fault percentages to each party, including the plaintiff, all defendants, and any nonparties whose conduct is at issue. During this phase, evidence is limited to liability issues. The jury does not hear about the severity of injuries, the dollar amount of medical bills, the plaintiff’s pain and suffering, or the emotional impact on the family.
The purpose of separating liability from damages: it prevents emotional damages evidence (photographs of severe injuries, testimony about daily suffering, crying family members) from influencing how the jury evaluates fault. The defense benefits from this separation because sympathy for the plaintiff’s injuries can unconsciously increase the fault attributed to the defendant.
Phase 2: Compensatory Damages
If Phase 1 results in a finding that the defendant was liable, Phase 2 addresses the dollar amount of compensation. The jury hears evidence about medical expenses, lost wages, pain and suffering, loss of consortium, and other compensatory damages. The jury awards a total compensatory amount, which the court then reduces by the plaintiff’s comparative fault percentage.
Phase 3: Punitive Damages
If punitive damages were pled and the case reaches this phase, the jury considers the defendant’s conduct, financial condition, and the appropriate level of punishment. Phase 3 proceeds only if Phases 1 and 2 both produced findings favorable to the plaintiff. If Phase 2 results in zero compensatory damages, Phase 3 does not proceed because Georgia requires compensatory damages as a prerequisite for punitive damages.
When Courts Can Reject Bifurcation
A court may reject the bifurcation election when the amount in controversy is less than $150,000 or when the case involves injuries from sexual offenses. In all other personal injury and wrongful death cases over $150,000, either party has the right to elect bifurcation. How the $150,000 threshold is calculated (whether based on the amount claimed in the complaint or the court’s assessment of likely damages) is a question that Georgia courts are still interpreting as SB 68 case law develops.
How Juries Evaluate Conflicting Evidence
When both sides present plausible accounts supported by evidence, the jury’s task is credibility assessment. Jurors evaluate which witnesses are more consistent, more detailed, and more corroborated by other evidence. They assess demeanor (did the witness appear honest and confident or evasive and rehearsed), consistency (does the testimony match prior statements, depositions, and records), corroboration (is the testimony supported by physical evidence, documents, or other witnesses), and expertise (for expert witnesses, are the credentials strong and is the methodology sound).
When both sides retain experts who reach opposite conclusions, the jury effectively chooses between competing professional opinions. The expert with stronger credentials, clearer methodology, more thorough analysis, and better composure under cross-examination tends to be more persuasive. The quality of the expert matters as much as the content of their opinion.
Post-Verdict Challenges
A verdict is not always the final word. Several post-trial remedies are available to either side.
Judgment Notwithstanding the Verdict (JNOV). Granted only when no reasonable jury could have reached the verdict based on the evidence. This is a very high standard and is rarely successful.
Motion for New Trial. Granted when the court finds errors of law during trial, newly discovered evidence that could not have been found before trial, or a damages award so excessive or inadequate that it shocks the conscience. More commonly granted than JNOV.
Remittitur. The court reduces an excessive damages award to a reasonable amount rather than ordering an entirely new trial. If the punitive damages cap applies (and no exception was triggered), remittitur reduces the punitive award to $250,000.
Appeal. Either party can appeal the trial court’s decisions on legal issues to the Georgia Court of Appeals or, in some cases, directly to the Georgia Supreme Court. Appeals address errors of law, not factual disputes. The appellate court does not re-weigh the evidence or substitute its judgment for the jury’s on factual questions.
For how fault percentages determined by the jury reduce your recovery, see Georgia Comparative Negligence. For punitive damages and the special standard of proof that applies in Phase 3, see When Punitive Damages Are Awarded.
This guide covers jury trials in Georgia car accident cases as of March 2026. Jury trial procedures are governed by the Georgia Civil Practice Act. SB 68 (April 2025) introduced bifurcation and trifurcation options for cases over $150,000. Jury size and verdict requirements are governed by O.C.G.A. § 9-10-5. Laws change. This information is educational and does not constitute legal advice.
Last updated: March 2026
