While we all hope that, in the event of a car accident, the at-fault driver will be honest in admitting responsibility for the harm that occurred, the reality is often trickier. Drivers may dispute who is at fault or how the accident occurred, or a hit-and-run may occur in which the other driver tries to avoid fault entirely. When the other driver is unwilling to admit liability, it is important to understand that if you are seeking damages after a car accident, you have the burden of proving that the other driver is at fault for the accident.
Understanding Who Is At-Fault in Georgia Car Accidents
Georgia is an at-fault state, which means the driver who caused the accident is responsible for paying for the damages. But this requires establishing who caused the accident. In considering fault in Georgia, several circumstances immediately make a driver responsible for an accident, including:
- If one driver is driving negligently, such as talking on the phone or playing a game on their phone while driving
- If one driver breaks a traffic law, such as running a red light
- If one driver’s care is not in proper condition and that results in an accident, such as a turn signal or brake lights not working
- If a rear-end collision occurs, the driver behind is generally at fault.
But when these types of situations or factors are not at play in an accident, a driver will need to prove to their insurance company, or in court, that the other driver was responsible for the accident.
Georgia is also a comparative fault state, which means that if both drivers are partially responsible for an accident, each driver may recover damages only in proportion to their fault. For example, if the other driver is 75 percent responsible, you can recover 75 percent of the damages you experienced from them, but you will be responsible for your share.
All of these laws make it crucially important to identify and collect strong evidence of the other driver’s fault to maximize your chances for compensation after your car accident.
Important Evidence for Car Accidents
Several key types of evidence can help establish liability after a car accident. Your insurance adjuster will review this evidence to determine fault in a car accident, or it may be presented to the jury by your Atlanta car accident attorney in the event of a personal injury claim.
Photos and Videos: Having photos and videos of the accident scene can help establish the exact nature of the collision and may indicate which driver is responsible. How the vehicles are oriented, the damage they sustained, and other evidence, such as skid marks or wet pavement, can all help an insurance adjuster establish fault.
Nearby Cameras: Even if you weren’t able to get photos yourself, a witness may have taken video, or a car dashcam or home security camera may also provide similar evidence about what occurred.
Witness Statements: If any witnesses observed the accident scene or stepped in to provide support afterward, they may have crucial information about which driver is at fault. Their testimony is often highly impactful because they are unbiased observers who aren’t advocating for any particular driver to be at fault and can provide honest, third-party accounts of what occurred.
Police Reports: Police reports also often include important information that can help determine fault. Police at the scene may conduct an initial investigation into the cause of the accident, particularly if issues such as intoxication are a concern. These reports can serve as additional evidence for your claim.
Car Repair Inspections: The impact on your vehicle may also provide clues about who caused the accident, including the point of impact. During any car repairs, a mechanic may be able to thoroughly document these signs of impact, or an Atlanta car accident attorney can assist you in obtaining a post-accident inspection.
Medical Records: Your own medical records can also be important evidence of fault, as your injuries, diagnostic tests, and physicians’ notes may provide insights into how the accident occurred. Your medical records also help to establish the full extent of your injuries and provide support for your compensation claims.
Working With An Atlanta Car Accident Attorney to Build a Strong Case
Even looking at this list of evidence can seem daunting, but the reality is that you do not have to face your insurance company alone. An experienced car accident attorney can take over the role of evidence gathering, working with you to identify what evidence might be most helpful for establishing liability and reaching out to the necessary individuals, such as witnesses or police, to obtain that information. And because an Atlanta car accident attorney is trained to think critically about how best to support your claim, they may also identify categories of evidence you have not considered.
In the aftermath of a car accident, your focus should be on taking care of yourself and your own medical needs. Your doctors may prescribe rest and recovery and urge you to avoid stress as much as possible. A trusted attorney can help to minimize the burdens and responsibilities on your shoulders by taking over the handling of insurance and legal claims. And they can fight to establish the liability of the other driver in your accident to protect your right to compensation.
If you have recently experienced a car accident and are unsure where to start or what is needed to ensure that you get the compensation you are entitled to, Mabra Law is here to help. Our Atlanta car accident attorneys will work with you to make the insurance and legal processes as straightforward and stress-free as possible. For more information or to schedule a consultation, contact us today.