When you are injured in a car accident, the liable party should compensate you for your damages. You shouldn’t face the cost alone when someone else’s reckless actions caused your losses. You might think determining who is responsible for causing your injuries is obvious, but you must legally prove fault and liability to recover compensation following a Georgia car accident. With an attorney’s help, you can meet the necessary legal standards and secure what you are entitled to by law. Contact The Champion Firm, Personal Injury Attorneys, P.C. at 404-596-8044 for a 100% free consultation about your case and who could be held accountable for your car accident injuries.
Fault in Georgia Car Accidents
Fault in Georgia car accidents refers to the party who is responsible for causing the collision. Drivers, pedestrians, or organizations could share responsibility, depending on the case. For example, drivers using their cell phones before a crash would be considered at fault. Finding who is liable for an accident can be straightforward, or it can be challenging. An impaired driver that causes an accident should be apparent. But tracking down the at-fault party in crashes caused by a defective automobile could be challenging. Municipalities could also share liability if they neglected to maintain road conditions. Suppose the Georgia Department of Transportation (GDOT) is doing substantial road work on I-75 or Georgia 402. If the contractors and road construction workers do not adequately secure the area with signage and barriers, GDOT could be held accountable if an accident occurs in that area. Other parties, like government contractors, subcontractors, independent contractors, and road construction workers, might also share liability. A thorough investigation into your crash can reveal the parties responsible for causing the accident. Once you identify them, you can file an insurance claim for your losses.Why Does Fault Matter?
Fault is important because the liable party, or individual responsible for causing your accident, can be ordered to compensate you for your damages. Georgia is a fault state for car accidents and insurance claims. This means the at-fault party must cover your damages and compensate you for the losses attributed to the accident. This process often involves filing a claim with the at-fault party’s insurance company. You might be able to file a claim with your own insurance company in some cases if you purchased uninsured or underinsured motorist coverage or no-fault coverage.How Is Fault Determined in a Georgia Car Accident?
Fault can be determined at several points throughout the car accident investigation process. Law enforcement officials will first try to identify the at-fault parties when they investigate the crash and document their findings in official crash reports. The insurance company and your car accident attorney will also conduct their investigations. The insurance company will look for reasons to reduce your settlement or deny your claim. Your personal injury lawyer will look at the facts of the case to determine how the accident occurred, who is responsible, and how you can be fairly compensated for your damages. If the insurance company or liable party attempts to blame you or someone else for the collision, your attorney’s investigation will provide valuable evidence to support your liability claims.Establishing Fault for a Car Accident
To establish fault, your car accident attorney will determine whether the elements of negligence have been met. These include:- Duty of care
- Breach of duty
- Causation
- Proof of damages