How is Fault Determined for Georgia Car Accidents?

According to the Governor’s Office of Traffic Safety, the number of car accidents in Georgia comes close to 400,000 every year. Only approximately 1.25% of these car accidents take place in Douglas County.

However, that still makes up thousands of people who need experienced Douglasville car wreck attorneys to prove car accident liability and seek compensation for the economic and non-economic damages they incurred. In order to ensure you receive the maximum compensation that you are due, your attorney will review the details of your case in order to determine who was at fault for the accident.

How Fault Influences Compensation in Douglasville, GA Car Accidents

Georgia is an “at-fault” state. This means that when a car accident occurs, the party that caused it (or their insurer) will be liable for any related damages and injuries. The law accepts the concept of “shared liability”, namely the possibility for several parties to be at fault for an accident.

The best way to understand how Georgia laws perceive car accident fault and liability is to use some concrete examples:

1. Single Party at Fault

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Let’s say you drive a vehicle in perfect functioning state. At an intersection, the traffic lights turn red and you stop. However, the driver of the car behind yours is speaking on the phone and notices the red traffic lights and your brake lights too late. Driving at high speed and without keeping a safe distance from your car, he cannot stop in time and rear-ends you.

The driver that rear-ends you is obviously at fault for the accident and will be liable for any damages and /or injuries you may incur. You will still need to prove their reckless behavior and the damages and injuries you sustained when filing your car accident claim but this should all be a hassle-free formality, especially if you work with an experienced Douglasville attorney who is familiar with Georgia car accidents.

2. Shared Car Accident Fault

Let’s say you drive on the highway, you get an emergency call, and you pull over immediately. Your stop lights don’t work and you forget to turn on the vehicle’s warning lights. The short distance to your car and the high speed of his car make it impossible to stop in time, so he rear-ends you.

In this case, both of you are at fault for the accident: you for not keeping your car in proper functioning state and failing to warn the other traffic participants of your maneuvers, and the other driver for driving at high speed and failing to maintain proper distance.

You will both be liable for the damages and injuries the accident caused, each according to your fault percentage. Therefore, your goal should be to find a reputed Douglasville, Georgia car accident attorney and prove that the other driver was more at fault than you.

In order to do so, you will need to gather evidence, find witnesses, and maybe even interview experts to show that, despite your own negligence, the accident would not have happened had the other driver adapted the speed to the traffic conditions and maintained a safe distance from your car.

What Does Shared Car Accident Liability Mean from a Financial Point of View?

When all the parties involved in a car accident are partially at fault for it, Georgia laws consider the total fault for the accident as 100% and assess the fault percentages of each party. The total economic and non-economic damages the accident caused represent 100% as well, and each party at fault will have to cover the percentage of damages corresponding to their fault.

Thus, in car accidents involving total damages of $100,000, one party considered 25% at fault for it will have to cover 25% of the damages, namely $25,000. If the respective party incurred damages of $50,000, they will still receive $25,000 from the other party or parties at fault.

Unfortunately, there is no infallible way to prove car accident fault in Georgia, so most car accidents become a battle between the parties, each one trying to prove the liability of the other party. In most cases, the result depends on the skills and experience of the attorneys handling the case. Otherwise put, the better your attorney is, the higher compensation you will receive.

Hire an Experienced Douglasville Car Accident Attorney to Seek High Compensation

If you have been involved in a car accident, after making sure everyone is safe and getting your car out of the road, if possible, your priority should be to contact an experienced attorney. They will help you deal with the law enforcement officers and insurance companies, and they will start gathering evidence regarding the other party’s fault.

The evidence gathered from the scene and the police report are usually the most important when it comes to establishing car accident liability, so having an attorney on your side from the very beginning will definitely help you show who was at fault, build a strong case against them, and obtain full car accident compensation.

Contact the Law Office of John B. Jackson and schedule a free case review! It is the easiest way to receive the help you need from an experienced and dedicated attorney, and you have nothing to lose. If you are not satisfied with the way we handle your case, our 100% satisfaction guarantee lets you walk away without spending a dime.