How Is Fault Determined in Georgia?

Drivers Assessing Vehicle Damage After Auto Accident

If you were hurt in a car accident, you may wish to pursue compensation for your losses, such as lost wages, medical costs, and emotional trauma. To do so, however, you must prove that the other party was at fault for the crash.

How is fault determined for a car accident in Georgia? Legally speaking, you must be able to show that the other driver’s negligence caused the crash. There are several different ways to establish negligence. A qualified Georgia car accident attorney can help you determine the best avenue for your case.

Who’s at Fault in a Georgia Car Crash?

Who is at fault for a car accident depends on the circumstances surrounding the collision. To legally prove fault in Georgia, however, you must show that the other party’s negligent behavior led to the crash and your injuries.

An attorney can meticulously review the details of the accident to determine liability.

Is Georgia a No-Fault State for Auto Accidents?

No, Georgia is a fault state, as are most states in the U.S. The driver who causes the crash is liable for compensating the other parties for their injuries and losses. Victims can file a claim against the responsible driver’s insurance company to pursue a settlement or file a lawsuit against the driver in court.

Some other states are known as no-fault states when it comes to car insurance. According to those states’ insurance laws, victims of car accidents must first turn to their own insurance policy to cover their losses, regardless of who was at fault for the crash.

Who Determines Fault in a Car Accident?

An adjuster with the insurance company will investigate the accident. It will likely involve reviewing the accident report filed by the responding police officer, which may include the officer’s opinions about fault. The adjuster will probably get statements from everyone involved and review witness statements, property damage, medical records, and other evidence to determine fault.

Insurance adjusters are motivated to pay out as little as possible for a claim, so they’ll likely be looking for reasons to shift at least some of the blame to you. That’s why it’s crucial to have an attorney on your side who can conduct their own investigation to help ensure that responsibility is appropriately assigned.

Keep in mind that insurance adjusters do not have final say on fault for a car accident in Georgia. That is ultimately the role of the courts.

Can Both Drivers Be at Fault in Georgia?

Yes, both drivers can share responsibility for an accident. Georgia law uses modified comparative negligence. Under this rule, you can still recover for your injuries if you were partly at fault, but your percentage of fault will reduce your financial recovery. If you are more than 49 percent at fault, though, you will not be able to receive any compensation.

Common Types of Evidence Indicating Fault for an Accident

Various forms of evidence could indicate who is responsible for a traffic accident. They may include:

● Photos
● Videos
● Information from police accident reports
● Eyewitness statements
● Opinions from expert witnesses
● Data from the vehicle’s black box
● Vehicle damage
● Traffic law violations

Contact a Car Accident Lawyer Today

Determining fault can be challenging, but the Georgia car accident attorneys at Cain Injury Law have the knowledge and tools needed to conduct a thorough investigation and determine who is liable for the losses you’ve endured. Contact us today for a free case evaluation.