Determining Fault After an Atlanta Car Accident

Car accidents can be traumatic and overwhelming, especially when it comes to understanding who is at fault. In 2024, Atlanta experienced a high number of car accidents, with over 32,000 traffic accidents reported, resulting in over 14,500 injuries or fatalities, and a fatality rate of 15.4 per 100,000 residents.

Determining fault in a car accident is crucial for insurance claims and legal proceedings. Moriarty Injury Lawyer explores the steps involved in identifying fault after a car accident and the factors that can affect the outcome.

Understanding Georgia’s Fault Laws

Georgia is an at-fault state, meaning that the driver who is responsible for the accident is liable for the damages incurred by the other party. This includes costs for vehicle repairs, medical expenses and other losses related to the crash. Therefore, it’s essential to gather evidence and assess the situation thoroughly to determine who is at fault.

After an accident, it’s vital to collect as much evidence as possible. Here’s what you should focus on:

• Photographs: Take photos of the vehicles involved, license plates and the surrounding area. Capture any visible damage and road conditions.
• Witness Statements: If there are bystanders or other drivers who saw the accident, ask for their contact information and statements about what they witnessed.
• Police Report: Always contact the police to report the accident. A police report can provide an official account of the incident and detail any citations issued.

Establishing Negligence

To determine fault, you need to establish negligence. Typically, this involves proving that the at-fault driver failed to act reasonably, resulting in the accident. Here are some common forms of negligence:

1. Distracted Driving: Texting or talking on the phone can severely reduce a driver’s focus.
2. Speeding: Exceeding the speed limit increases the likelihood of accidents and severity of injuries.
3. Driving Under the Influence: Intoxicated drivers are a major cause of accidents and are typically held liable.

The Insurance Company’s Role

After gathering evidence, both parties will likely file claims with their respective insurance companies. Insurance adjusters will review the evidence and determine fault based on the information provided, including the police report, witness statements, and photographs. Remember, insurance companies may look for ways to minimize payouts, so it’s essential to present a strong case.

Georgia operates under the doctrine of modified comparative negligence. This means that if both parties share fault, compensation will be reduced by the percentage of fault assigned to the injured party. For instance, if you are found to be 20% at fault, you will only receive 80% of the damages awarded.

Why You Should Consult with an Atlanta GA Car Accidents Lawyer

Navigating the complexities of fault determination can be challenging. If you are involved in an Atlanta car accident, consulting with an experienced attorney like Daniel J. Moriarty can provide clarity and guidance. He can help you understand your rights, gather evidence, communicate with insurance companies and negotiate on your behalf.

Plus, a study by the Insurance Research Council (IRC) found that auto accident victims with legal representation received settlements nearly 3.5 times higher than those without. Determining fault after a car accident in Atlanta involves a thorough investigation of the circumstances surrounding the incident. If you find yourself in this unfortunate situation, remember that you don’t have to face it alone; assistance is available to help you navigate the process.

Contact Moriarty Injury Lawyer today to schedule a free consulation.