Fault: How Is It Determined Legally?

Do you want the abuser to pay for the losses they incurred upon you in a car accident? You can do that since Georgia follows the at-fault statute. The only burden you have on your shoulders here is to prove the fault of the negligent party. However, handling this on your own won’t be the smart move; you will be needing an expert Atlanta car accident attorney from The Super Lawyer Legal Group to represent you in your personal injury case and establish the fault of the negligent party. Our personal injury attorneys in Atlanta can resolve all such problems. The Super Lawyer Legal Group has some of the most highly skilled professionals from Atlanta on board. Greene Legal Group LLC has always tried its best to surpass customers’ expectations. It’s our legacy and we are determined to follow it.

For now, let’s dive deeper into how fault is determined.

A Short Overview Of Fault Determining Process

To ascertain who is at fault is seldom easy. Mostly, it involves a lengthy and complex procedure when both parties refuse to accept any part of the blame. The process starts by determining the fact whether it was someone’s fault or not, i.e. speeding, traffic law violation, vehicle malfunction, etc. Then, only if, the fault has been found out. The next step is to find out the party at fault which involves various procedures. Then comes payback where your lawyer will need to do a bit of detailed work to calculate the compensation cost.

What To Do In Case Of An Accident

The first line of business would be to prove your innocence; this is not going to be a walk in the park, especially when the other party is willing to fight. First thing first, if you are involved in any sort of accident and are physically sound, then call the police straight away. The reporting officer will collect evidence at the crime scene which is later presented in court (if things do go that far). This evidence can prove to be vital in further proceedings.

The question arises: how to determine whether the accident involved someone’s negligence or not? To find these answers to this question, the witnesses and bystanders are questioned, the CCTV footage is taken into account, dashcam footage is presented if available, both the parties are inquired about, and the police are asked to put forth the evidence found. It is a procedure to determine any violation of traffic rules or to find out any sort of negligence.

You are also free to take pictures of the accident scene (and you should). Note the time, date, and location of the accident. Take pictures of the damage your car suffered, and especially the number plate of the opposite party’s vehicle. If there are bystanders or witnesses nearby willing to recount the incident in court (if needed), then ask for their contact information. Keep all your bills with you including hospital and repair bills. Plus, if you have missed your working days at your job, then keep a track of it as well. Pictures of your physical injuries, and proof of your psychiatrist or therapy session, if any, are also crucial.

And most importantly: do not try to leave the scene until the police show up!

Example Scenario #1: Violation Of Traffic Laws

A complete and detailed analysis of the incident is placed on the jury table by the police. In case of any traffic law violation such as speeding, running over a stop sign, hitting a car at the back, using a mobile phone while driving, or alcohol consumption, the fault is obvious. Your attorney will explicitly point out the flaws in the other party’s positions and will ask relative questions. They will also profess a summary of all the damages and physical injuries. Once the opposite party admits to their mistake and the case becomes pretty straightforward from thereon.

But in many cases, where the fault is obvious, matters are settled outside the court, i.e., insurance agents are involved to sort the payments.

Example Scenario #2: Car Hit From The Back Or Sideways

The fault in a rear-end collision is smoothly decided. Conventionally, it is the culpability of the rear driver even if the car at the front stopped abruptly giving not enough time for the rear car to stop, but this also has different features to be considered such as a sudden change from green light to the red light that prompted the front driver to take this step. Also, rules suggest the minimum distance between two cars such as two-second, three-second, and four-second rules, etc. Still, the front driver can be held accountable if they broke any rule, for instance, using a mobile phone and not paying focus on their surroundings. If a car is hit from sideways, then again it is imperative to note whether any driver ignored the stop sign or took any unexpected turn that led to the violation of the law.

This is why your lawyer will ask you to recount all the details you can while driving as even the slightest clue of negligence on part of the other driver can help you immensely.

Let An Atlanta Car Accident Attorney Deal With The Insurance Company

Insurance companies repose their faith in the police report, so the amount of compensation you are going to get depends greatly on that report. The assessment of the harm to you and your car is elaborately mentioned in the report and so is the verdict of both the parties and the laws that got violated in the process. The insurance company thoroughly reads the report and takes decisions accordingly, but providing additional material can also help you present a full and fair picture of the situation. It is wise to let your attorney handle the matter as getting payment from insurance agents is not straightforward as they try to reduce the insurance cost to as less as possible and even try to use your statement against you.

Feel Free To Contact Our Personal Injury Attorneys In Atlanta

The personal injury attorneys in Atlanta at The Super Lawyer Legal Group will succor you in getting out of these sorts of messy situations. We will make the blameworthy recompense you and will help prove their fault. Our experienced and well-versed attorneys work round the clock to deliver justice to our clients. As for the work done by our Atlanta car accident attorneys so far, feel free to read reviews about our past dealings with our clients – this will help you make an informed decision.

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