In Georgia, police officers, insurance adjusters, and sometimes courts decide who causes a car accident. They consider the crash scene, review witness statements, check traffic laws, and study photos or video footage. If a party acted carelessly or broke the law, they might be considered at fault.
Georgia is an at-fault state when it comes to car accident claims. The party that caused the crash must pay for the accident victim’s losses. After a wreck, the injured person can file a claim with the at-fault driver’s insurance company to seek compensation. That money could cover losses like medical bills, lost wages, pain and suffering, and other damages. However, identifying the liable party is not always easy. An experienced car accident lawyer can help you determine fault in a Georgia car accident case.
How Do You Prove Another Driver Was At Fault for the Car Accident?
If you suffer serious injuries in a Georgia motor vehicle accident, you should be prepared for resistance from the other driver’s insurance company when you file your claim. Insurers often challenge even the most legitimate claims to minimize payouts and protect their bottom lines.
Consulting an experienced car accident attorney can help you navigate these obstacles. A skilled lawyer can investigate the accident scene, interview witnesses, evaluate your injuries and their impact on your life, and build a strong claim that demonstrates what happened and why the other driver is at fault.
Examples of evidence lawyers use to prove liability in a car accident claim include:
- Photos of the accident scene, vehicle damage, and road conditions
- Traffic or security camera footage showing the accident in real time
- Witness statements
- Police accident reports
- Medical records
- Cell phone records
- Toxicology test results
- The driving history of the other driver, including past tickets or accidents
- Expert testimony from physicians, accident reconstruction analysts, vocational specialists, and life care planners.
Gathering evidence supporting your version of events is essential so your car accident attorney can accurately estimate your case’s value and fight for maximum compensation.
What Should You Do Immediately After a Car Crash?
If you’re involved in a car accident in Georgia, taking the right steps immediately afterward can help protect your well-being and your right to pursue compensation. Your actions in the moments following a crash can significantly influence the outcome of your claim, so try to stay calm and follow these instructions if you can:
- Move your vehicle to a safe location, but only if it’s safe to do so.
- Call 911 to report the car accident and summon first responders to the scene.
- Exchange contact and insurance information with the other driver(s).
- Take photos of the scene, including vehicle damage, visible injuries, road conditions, traffic signs, and anything else that seems important.
- Get names and contact information from any witnesses who saw the crash.
- Seek medical attention immediately, even if your injuries are minor.
- Tell your insurance company about the crash as soon as you can.
- Keep copies of all bills, repair estimates, and records related to the accident.
- Contact a Georgia car accident attorney as soon as possible to discuss your legal options.
What Are the Elements of Negligence You Must Prove to Establish Fault for the Accident?
In Georgia car accident claims, you must show that the other driver was negligent to prove they are at fault. That means showing the other driver failed to drive in a reasonably safe way and that their actions caused the crash.
Georgia law requires you to demonstrate four key elements to prove negligence:
- Duty of care — You must show that the other driver had a legal duty to drive safely. Every driver in Georgia has this duty when they get behind the wheel.
- Breach of duty — You need to prove the other driver acted carelessly. Examples include speeding, failing to yield, driving drunk, or breaking other traffic laws.
- Causation — You must link the other driver’s reckless actions to the crash and your injuries. You have to prove that their actions (or failure to act) caused the car accident and that it wasn’t just a random event.
- Damages — You must show that you suffered measurable losses from the crash. These might include medical expenses, income losses, lost earning capacity, emotional distress, and more.
What Is the Comparative Negligence Rule in Georgia?
Georgia uses a modified comparative negligence rule to determine who can seek compensation when more than one party is at fault in a car accident case. This rule allows you to collect money for your losses even if you share some blame for the crash. However, you lose your right to compensation if you are deemed 50 percent or more at fault.
If you’re found to be less than 50 percent at fault for the accident, your compensation will be reduced by your percentage of fault. For instance, if you’re deemed 30 percent responsible, your total recovery will be reduced by 30 percent. This makes it critical to build a strong case showing the other driver was primarily — or entirely — at fault. The insurance company will look for ways to push the responsibility onto you. An experienced car accident attorney can present evidence refuting their claims so that your case doesn’t get undervalued.
What Is the Statute of Limitations for Filing a Car Accident Claim in Georgia?
Georgia’s statute of limitations gives you two years from the date of the crash to file a car accident lawsuit. If you miss this deadline, the court will likely throw out your case, and you will lose your right to compensation.
However, the time limit can vary in certain circumstances. For example, you have a shorter amount of time to initiate a personal injury claim against a government entity. A knowledgeable car accident lawyer can inform you of the deadline that applies to your case and ensure your car accident claim gets filed on time. The sooner you act, the more time your attorney has to build a persuasive case.
Contact a Georgia Car Accident Lawyer
If you sustained injuries in a car accident in Georgia, contact Bayuk Pratt today for a free consultation. With over 50 years of combined legal experience in Atlanta and over $300 million recovered for injured people, our legal team has the skills, resources, and track record to advocate for you effectively.
We’ve successfully handled some of the most complex personal injury cases. As former high-stakes insurance defense attorneys, we know how insurance adjusters think — and we use that insight to craft strategic arguments countering their tactics.
Contact Bayuk Pratt now to speak with a trial lawyer who can fight for what you deserve. Let us review your case, answer your questions, and help you move forward with confidence.
