In crashes that lead to personal injuries, distracted driving was a factor for one in five crashes. Meanwhile, 27% of all crashes lead to non-fatal injuries. Another 6% lead to fatalities.
Unfortunately, determining fault isn’t always clear-cut. How is fault determined in a car accident in Georgia, exactly? Keep reading to find out.
After reading this guide, you can work with a car accident attorney to build your case. With their help, you can fight for the compensation you deserve.
Read on to discover how to determine fault after a Georgia car accident today.
Determining Fault
Speeding was the cause of 18% of car driver fatalities in the span of a single year. Meanwhile, 50% of annual crashes are caused by aggressive drivers.
Alcohol-impaired driving accounts for over 30% of all driving fatalities each year, too.
Meanwhile, driver-related factors (distraction, fatigue, impairments) are present in 90% of crashes.
Remember, what caused the crash isn’t always obvious, though. When asking, “how is fault determined in a car accident,” it sometimes depends on who you ask.
Here are a few parties that can help with determining fault after a Georgia car accident.
Law Enforcement
It’s essential to call the police immediately after you’re in a Georgia car accident. In many states, drivers are obligated to report a crash. Having law enforcement arrive can benefit your auto accident case, too.
The police will file an official police report regarding the accident.
They’ll interview all parties that were involved in the crash. They’ll make note of property damages, injuries, and other important details. Their report might also indicate who was at fault.
When speaking to the police, it’s important that you stick to the facts. Don’t embellish or blame the other driver. Instead, try to help build a clear, accurate picture of what happened.
The police might question witnesses who saw the crash occur as well.
Once the officer has gathered the information they need, they might issue a traffic citation based on their assessment.
If you or the other driver receives a citation, it doesn’t entirely indicate fault. Instead, the citation indicates someone violated a traffic law. For example, maybe a driver took an unlawful turn or was speeding.
These notes don’t prove who was at fault for the crash. However, it could help your car accident lawyer build your case.
After speaking with the officer, ask them for a copy of their report.
The Report
The judge who reviews your auto accident case will take a look at the officer’s official police report. The report could help them determine who was at fault for the crash. It’s only one factor that will help the judge make their decision, though.
The report will feature the officer’s judgment. In some cases, it might not even specify who was at fault for the crash.
If you only have the police report as evidence, you might struggle to build your case. You’ll also need to prove the other driver’s negligence caused the crash.
This is only one element that might help in determining fault.
Insurance Companies
When asking “how is fault determined in a car accident,” you’ll need to turn to each party’s insurance company, too. Once you make an auto accident claim, the insurance company will assess the situation.
An adjuster will begin an official investigation into your auto accident. They’ll also manage the insurance claim’s settlement.
First, the adjuster will take a look at the police report. They’ll also review any medical reports related to the crash.
They might examine damages to each vehicle and look at photos from the accident. If there were witnesses, the adjuster might speak to them as well.
If a driver failed to exercise a specific amount of caution while behind the wheel, they were negligent. The adjuster will determine fault based on Georgia’s definition of negligence.
They might assign a percentage of fault to each driver. Otherwise, they’ll assign fault to a single party.
Courts
If you decide to file an auto accident lawyer, make sure you have an experienced car accident lawyer at your side. They’ll fight to prove the other driver’s negligence caused the crash. The court will make the ultimate decision as to who was at fault, though.
The court will hear statements from both parties. Then, they’ll review evidence such as:
- Statements from the police officers
- Testimonies from doctors or medical experts
- The official police report
- Photo and video evidence
- Property damage
A judge or jury will review this evidence to determine fault. Then, the at-fault party will pay compensation to the other party.
Before pursuing a lawsuit, it’s important to find an experienced car accident lawyer. Find an attorney with years of experience in Georgia, too. There are laws and procedures that can vary based on your location.
An experienced Georgia car accident attorney will help prove the other party’s negligence caused the accident.
What to Do
The next time you’re in an auto accident, don’t ask yourself, “who was at fault.” Instead, take action.
First, make sure your car is safe to drive. Assess your injuries and make sure you’re able to move, too. If you were severely injured, call for medical assistance right away.
Otherwise, pull your car into a safe area away from oncoming traffic. Get the driver’s insurance and contact information. Then, take photo and video footage of the damages.
Take images of your injuries as well.
Make sure to call the police and wait for them to arrive. Tell them what happened and ask for a copy of their police report.
Visit a doctor, even if you think your injuries weren’t serious. Remember, the doctor’s report can help build your case. They’ll assess your injuries.
Keep track of your appointments, medications, and treatments.
Then, contact a Georgia car accident attorney right away. They’ll protect your best interests and help you pursue a lawsuit.
Make Your Case: Ask a Lawyer How is Fault Determined in a Car Accident
To recap, how is fault determined in a car accident? Determining fault isn’t always clear-cut. Make sure you have an experienced car accident attorney at your side.
Your lawyer will help you fight for the compensation you’re rightfully due.
Ready to build your case? We’re here to help.
Contact us today for your free case evaluation.