Identifying who caused a collision is vital for recovering compensation after a Georgia car accident. To determine fault, the drivers’ insurance companies will review the evidence to see which driver acted negligently. The negligent driver and their insurer must cover the other driver’s losses.
The Georgia car accident lawyers at Sherrod & Bernard, P.C. have dealt with complex insurance questions for over 30 years. We know what it takes to prove fault in these cases so you can pursue the money you need to rebuild your life. If you have questions about who determines fault for a Georgia car accident and what evidence they look at, contact us for a free consultation.
What Are the Elements of Negligence?
Knowing the elements that prove negligence will help you understand how insurance companies or the courts determine fault for a Georgia collision. Essentially, negligence occurs when someone fails to act with the level of care that a reasonable person would in a similar situation.
In a car accident claim, proving negligence involves showing four key elements:
- Duty of care – This means that the person had a responsibility to act in a way that would avoid harming others. For example, all drivers have a duty to follow traffic laws and drive safely.
- Breach of duty – A breach happens when someone fails to uphold their duty of care. For example, if a driver runs a red light or texts while driving, they have breached their duty to others on the road.
- Causation – Causation links the breach of duty to the injuries or property damage that occurred. In other words, the injured party must show how the other driver’s actions or failure to act directly caused the accident or injury.
- Damages – Damages refers to the harm or losses the injured party sustained in the accident. This could include medical bills, lost wages, pain and suffering, damage to personal property, and more.
In a personal injury claim, the insurance companies for the different parties involved are the ones who usually determine fault. However, if the case goes to trial because the parties involved can’t reach a settlement agreement, a judge or jury decides who’s to blame.
Why Does Fault Matter in a Georgia Car Accident Case?
Fault plays a crucial role in Georgia car accident cases because it determines who will cover the injured driver’s losses. Since Georgia is an at-fault state, the driver who caused the accident is typically the one who must pay for the resulting injuries and expenses. This can include medical bills, vehicle repairs, lost wages, and other costs related to the crash.
Determining fault is essential because it directly impacts how much compensation a person can receive. If you can prove that the other driver caused the accident, their insurance company is responsible for covering your losses. However, if you are found partially at fault, your compensation might be reduced based on your percentage of responsibility.
What Evidence Can Prove Fault for a Car Crash?
Proving fault in a car accident case requires strong evidence. Here are some key types of evidence that can help:
- Police reports – After an accident, the police usually file a report that includes details about the crash, statements from drivers and witnesses, and sometimes the officer’s opinion on who caused the collision. This report can be a critical piece of evidence when proving fault.
- Witness statements – Witnesses who saw the collision can provide unbiased accounts of what happened. Their statements can support your version of events and help establish who was at fault.
- Photos and videos – Pictures or videos of the accident scene, vehicle damage, and any visible injuries can be powerful evidence. They can help recreate the events leading up to the crash and show how it occurred.
- Traffic camera footage – In some cases, traffic cameras may have captured the accident. This footage can provide a clear view of the crash, showing the actions of both drivers and helping to establish fault.
- Expert testimony – Testimony from accident reconstruction specialists or medical professionals can be valuable in a car accident claim. These experts can analyze the evidence and provide insights into how the wreck happened and who was responsible.
What Factors Can Contribute to a Car Accident?
Most Georgia car accidents involve some level of human error or negligence. Some common examples of negligence that can make a collision more likely include:
- Speeding or driving too fast for road conditions
- Impaired driving
- Distracted driving
- Following too closely
- Road rage
- Not yielding the right-of-way when required
- Reckless driving
Is It Possible for Multiple People to Be At Fault in a Motor Vehicle Crash?
There are cases where both parties involved in an auto accident share the blame. When this happens, the insurance companies or court will look at the evidence to determine each party’s level of fault for the crash. Each party’s degree of fault determines how much compensation they will pay.
Georgia law says that as long as your level of fault for a crash is less than 50 percent, you can recover compensation for your injuries. However, if you are partly to blame for a collision, your compensation is reduced by your level of fault. So, for example, if you bear 15 percent of the blame for a crash, you would lose 15 percent of your compensation.
Working with an experienced attorney is crucial to maximizing your compensation if you played a role in a car accident. Your lawyer can gather any available evidence that will hopefully minimize your level of fault so you can pursue as much money as possible for your losses.
Contact a Georgia Car Accident Lawyer Today
Georgia law allows two years from when a crash happened for the injured party to file a lawsuit. If you file after the statutory period expires, the court can dismiss your case without a hearing. Contacting a Georgia car accident attorney immediately after a collision ensures you can act in time to seek the money you need to move forward. Call Sherrod & Bernard, P.C. today or complete our contact form for a free case evaluation to get started.
