How Is the At-Fault Driver Determined in a Car Accident Claim?

Car accidents can be traumatic events that leave lasting physical and emotional scars. Apart from dealing with the pain of injuries, you also have to contend with medical bills, lost wages, and a damaged vehicle. Filing an insurance claim after a car crash in South Fulton can help you recover some of your losses.

One critical element in any car accident claim is determining who is at fault for the collision. We’ll explore various ways your South Fulton car accident lawyer will use evidence to determine who was at fault for an accident so that you can receive just compensation for your loss.

Georgia Follows a Comparative Negligence Doctrine

Georgia is a comparative negligence state, which means that both parties in an accident can share fault for the collision. Comparative negligence allows you to recover compensation even if you were partially at fault for the car crash. For instance, if a driver runs a red light and hits your car but you were speeding at the time of impact, you could still recover damages under Georgia’s comparative negligence law.

However, the amount of compensation that you receive will be reduced by your percentage of fault. For example, if it’s determined that you’re 20% responsible for the accident because of your speeding and your damages total $10,000; then your recovery would be limited to $8,000 ($10,000-20%) only.

No Driver Will Willingly Admit Fault After an Accident

After a car accident, it’s rare for the at-fault driver to willingly admit fault. Admitting guilt could mean taking on financial responsibility for damages or even facing legal consequences.

The human instinct is to protect oneself, and in the aftermath of an accident, this can manifest as denial or deflection of blame. Even if evidence points towards their culpability, drivers may try to avoid admitting fault by downplaying their role in the incident or shifting blame onto other factors such as road conditions or mechanical issues.

It’s also crucial that you refrain from admitting any level of fault yourself during discussions with other drivers or insurance adjusters, even if you believe you may have contributed to the accident in some way. Let your South Fulton car accident lawyer handle communication regarding liability while you focus on recovering from any injuries sustained in the crash.

The Police Report Is Key to Establishing Who Is at Fault

The police report is one of the most important pieces of evidence in a car accident claim. It contains essential details about the crash, including who was involved, where it happened, and what caused it. The officer on duty will also gather statements from witnesses and take note of any traffic violations or other factors that could have contributed to the accident.

Insurance adjusters and lawyers rely heavily on these reports when determining who is at fault for a car accident. However, keep in mind that even if you believe you were not at fault for your collision with another driver, this does not necessarily mean that the police report will agree with your version of events.

proving fault for a car crash

Your Own Photo and Video Evidence Is Very Valuable

After a car accident, it is important to gather as much evidence as possible. Your own photo and video evidence can be extremely valuable in establishing who was at fault for the crash.

Taking photos of the scene of the accident, any damage to your vehicle or other vehicles involved, and any injuries sustained can provide crucial visual evidence. It’s also important to take photos of street signs, traffic signals, or anything else that may have contributed to the accident.

In addition to photos, video footage from dash cams or cell phones can provide even more insight into what happened before and during the accident. This can include footage of erratic driving behavior from other drivers on the road or capturing how the collision occurred.

It is essential that you collect this evidence as soon as possible after an accident because physical evidence such as skid marks or debris on the road may disappear quickly. Additionally, memories tend to fade over time so having concrete visual proof will help support your claim.

Remember that every piece of information counts in a car accident claim and providing strong supporting evidence could make all difference in winning your case with a South Fulton car accident lawyer by your side!

Eyewitnesses Can Provide Crucial Details About the Crash

Eyewitnesses play a vital role in determining the at-fault driver in a car accident claim. They can provide additional information that might not be included in the police report or any other evidence gathered from the scene.

Eyewitness testimony is powerful because it comes from someone who was present and saw what happened. It can confirm or contradict other evidence presented, making it an essential element in establishing fault. Eyewitness accounts can also help clarify confusing details of how the accident occurred.

One thing to keep in mind about eyewitness accounts is that they are subjective and prone to errors. The witness’s perception of events may differ based on their vantage point, angle of view, and memory recollection. However, their statements could still strengthen your case if they support your version of events.

If Necessary, Your Lawyer Will Hire Accident Reconstructionists

In some car accident cases, it can be difficult to determine who is at fault. It may not always be clear what led to the collision or which party was responsible. In such situations, hiring an accident reconstructionist becomes necessary.

An accident reconstructionist is a specialist trained in recreating and analyzing every detail of a car crash using various methods. They use data from physical evidence, witness accounts, and other information gathered by investigators to determine how the crash occurred.

Hiring an experienced South Fulton car accident lawyer who has access to these experts can benefit your case greatly. They can reconstruct the scene of the incident and provide valuable insights into what happened leading up to, during, and after the impact.

The reports prepared by these professionals are often considered strong pieces of evidence in court hearings or settlement negotiations because they offer a detailed analysis based on scientific principles rather than mere speculation.

Let a Skilled South Fulton Car Accident Lawyer Win Your Claim!

Navigating a car accident claim can be complex, especially when determining who is at fault. However, with the help of an experienced South Fulton car accident lawyer, you can rest assured that your case is in good hands.

A skilled attorney at Hartley, Rowe & Fowler will know exactly how to gather evidence, negotiate with insurance companies and fight for maximum compensation on your behalf. With their legal expertise and guidance, you’ll have the best chance of winning your claim and getting the justice you deserve.

So if you’ve been involved in a car accident in South Fulton or anywhere else in Georgia, don’t hesitate to seek professional legal help. Contact us today at 678-825-6004 to schedule a free case review!

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