Determining Fault After a Georgia Car Accident
Determining who is at fault for a car accident in Georgia can be complicated. There are many factors involved and a variety of pieces of evidence to consider.
Below, the Savannah car accident attorneys of Roden Law explain some of the factors in determining fault for a car accident. Our trusted lawyers are committed to holding negligent parties accountable for the damages you have suffered. If you have been injured in an accident, contact us for a free, no obligation consultation now.
How is Fault Determined
Attorneys and insurance companies will consider several factors when trying to determine who is at fault for a car accident. For example, they will try to determine if any of the following played a role in the crash:
- Broken traffic laws - If one party broke a traffic law while the other operated his or her vehicle lawfully when the accident occurred, the driver who broke traffic laws may be deemed at fault.
- Negligent driving - If one party drove negligently, was distracted, or drove aggressively, he or she will likely be found at fault for the crash.
- Poor vehicle maintenance - If one party did not maintain his or her vehicle properly and this led to the accident, he or she could be at fault. For example, driving on old or underinflated tires could lead to an accident, as could failing to repair brakes.
The type of accident often has an effect on who is found to be at fault. For example, in a rear-end accident, the driver in the rear is typically at fault because he or she was following the other car too closely. If the driver in the front was driving erratically, he or she could be to blame.
Who Determines Fault?
When you file a car insurance claim, an adjuster will be assigned to your case to investigate the basic facts and give an opinion about who is at fault.
The adjuster will consider various pieces of evidence to make a determination, including:
- Police reports
- Driver and witness statements
- Roadway damage, including skid marks
- Weather conditions
- Damage to vehicles
It is important to understand that insurance adjusters work to protect the insurance company first and foremost. They will attempt to make their customers appear innocent in an accident, passing blame onto you. This is why it is important to work with a skilled car accident attorney who can defend your rights when insurance companies attempt to deny or devalue your claim.
Can Both Drivers Be at Fault?
If both drivers are at fault for a car accident in Georgia, the state's modified comparative negligence law will be applied to the case.
This law says victims of car accidents cannot recover any compensation if they are found to be 50 percent or more responsible for the accident. If you are less than 50 percent responsible, you can still recover compensation but your total award will be reduced according to your percentage of fault for the crash.
For instance, if you are found to be 20 percent at fault in an accident where $200,000 in damages are awarded, your award will be reduced 20 percent. This means you would be awarded $160,000.
Get Help After Your Georgia Car Accident
The Savannah car accident lawyers of Roden Law have many years of experience helping car accident victims pursue responsible parties for maximum compensation for medical bills, lost wages, and pain and suffering.
We offer a free, no obligation consultation so we can review your case and inform you what legal options are available for pursuing the compensation you deserve. We are prepared to do a comprehensive investigation of your case to determine fault and pursue fair compensation.
Working with our firm, there are no upfront fees. We operate on a contingency fee basis, so legal fees and expenses are only due if we recover compensation for your injuries.