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Quick Answer
Determining fault after a Georgia car accident can be complicated when there are multiple drivers involved. Insurance companies review evidence, speak with witnesses, and examine the state’s fault laws before deciding. The insurance adjuster will also review the police report and any other necessary documents.
Georgia boasts one of the highest numbers of licensed drivers in the country, with over five million on the roads. The state requires all drivers to carry auto insurance to protect themselves and others. With this many vehicles on the roads, it is no surprise that millions of accidents occur annually.
Insurance companies determine fault after a car accident by reviewing all of the available evidence, speaking with witnesses, and examining the state’s fault laws. If you suffer injuries in a crash, you must seek help from an experienced Georgia car accident lawyer.
How Does Georgia Handle Fault in Car Accident Cases?
Georgia operates under a modified comparative fault rule for accidents. This means that if you are less than 50% at fault for a crash, you can recover compensation for your losses. If it is determined that you share in the fault 50-50, you will be unable to recover compensation.
Once it is determined that you are less than 50% at fault for the crash, your compensation award will be reduced by the percentage of fault assigned to you in the case. For example, if you are deemed to be 20% at fault, your award will be reduced by 20%.
How to Prove the Other Driver Was at Fault for Your Georgia Car Accident
Insurance companies will likely challenge any claim you file against their policyholder, no matter the severity of your injuries. For this reason alone, you should consult a car accident attorney, one who is experienced in representing victims of all types of motor vehicle crashes. Your attorney might use the following to determine liability in a car accident:
- Security camera or traffic camera footage
- Witness statements
- Photos of damage to the vehicles involved, the accident scene, road conditions, and your injuries
- Medical records
- Police reports
- Toxicology reports
- Cell phone records
- The driving history of the other drivers involved
- Testimony from expert witnesses (doctors, civil engineers, accident reconstruction specialists, and more)
Collecting evidence following a Georgia car accident is critical to assigning fault and maximizing your compensation claim. A car accident lawyer will know where to look for evidence, how to request photos and videos, and who to schedule for depositions when in need of an expert witness.
What Is the Statute of Limitations for Filing a Georgia Car Accident Claim?
You have just two years from the date of the injury to file a compensation claim under the Georgia statute of limitations, though certain circumstances could extend this deadline. If you do not file by the deadline, the court will likely throw out your case, making it almost impossible to recover compensation.
What Elements of Negligence Must Be Proven to Prove Fault in a Georgia Car Accident Case?
To be successful with your Georgia car accident claim, you need to show proof that the other driver was at fault for the crash. This means that you must show the other driver failed to drive in a reasonably safe manner and that those actions led to your injuries. With the help of a Georgia car accident lawyer, you must meet the following four elements of negligence to win a claim:
- Duty of care: You must prove that the other driver had a legal duty to drive safely and with care.
- Breach of duty: You will need to show that the other driver acted recklessly or carelessly. This can include driving while intoxicated, failing to yield, not obeying stop signs, running red lights, speeding, tailgating, and driving distracted.
- Causation: You will be tasked with linking the careless actions of the driver to the accident, ensuring that it did not occur simply due to coincidence.
- Damages: You are required to show that the accident led to measurable losses, including lost wages, medical bills, property damage, emotional distress, and more.
It is challenging to prove all four elements of negligence under Georgia law when the accident is not straightforward. Work with a Georgia car accident attorney to protect your right to compensation.
Could It Be Possible for No One Driver to Be at Fault?
While rare, it could be possible for no one to be at fault for an accident. If this happens to you, it could mean that you cannot recover compensation from the other driver involved. However, it is not set in stone, which is why you should still consult with an attorney.
Some examples of crashes where no one is found to be at fault can include the following:
- Mechanical failure: If a tire blowout or electrical failure leads to the crash, it will not be the other driver you hold accountable. Instead, your lawyer will look to hold the vehicle or auto part manufacturer responsible for the crash.
- The weather conditions: Accidents are often caused by sudden or unexpected weather events, such as fog, ice, flash flooding, and other extreme conditions. You will not necessarily be able to hold any driver involved in the crash responsible for your damages.
- Medical emergencies: It is not uncommon for drivers to experience medical emergencies when driving, which can lead to devastating crashes. Heart attacks, strokes, diabetic emergencies, and more can cause drivers to lose control and crash.
- Road hazards, including missing street signs, inadequate lighting, malfunctioning traffic lights, potholes, and construction zones without proper warning signs, can all contribute to Georgia crashes. Instead of holding the other driver responsible, your lawyer will look to seek compensation from state agencies and construction companies.
Protect your rights and speak with a Georgia car accident lawyer today about your case. The sooner you schedule a consultation, the sooner work can begin to build a case against the at-fault driver.
