Whose fault was the collision? Liability is generally one of the initial inquiries following an automobile collision. Georgia is an at-fault state, meaning drivers are responsible for accidents resulting from their carelessness. It’s crucial to establish who was responsible for the accident for this reason.
Unfortunately, proving liability isn’t always the simplest thing to accomplish from a legal standpoint. Many times, just one driver is to blame. But what proof do you require for that? Some insurance providers will attempt to minimize the amount of a claim they must pay by blaming the other motorist.
Learn these fundamentals of George’s fault accident legislation to protect yourself in a collision.
Georgia is an at-fault state.
Unlike other no-fault states, Georgia is an at-fault state when it comes to proving accident liability. Georgia has some fundamental guidelines for establishing fault, such as:
- The driver who disobeyed the law is to blame if both drivers were involved in the collision.
- One of the drivers is more likely to blame if they were careless while operating a motor vehicle, such as by eating or using a phone.
- The driver of that car is almost certainly at fault if improper maintenance of one of the vehicles, such as broken brake lights, causes a collision.
- Because they are considered to be tailgating, the person driving behind is frequently held responsible for rear-end collisions.
However, judges will consider the circumstances of the accident. For instance, you might not be held accountable if you are following a careless driver.
Who decides who is at fault in an automobile accident?
You must file a police report and contact your insurance provider after any auto accident in Georgia. The insurance company’s adjuster will look into the situation and weigh the evidence to determine who is to blame.
To better understand who is responsible for car accidents, the adjuster will consider the following evidence:
- Police report
- Witnesses’ and drivers’ statements
- Investigation of the accident scene (such as glass on the road or skid marks)
- The weather around the time of the collision
- The physical state of the two involved vehicles
Using this information, the adjuster reconstructs the collision and establishes who was at fault. But if they are defending the other motorist, insurance adjusters might be incredibly biased. They can be on the lookout for ways to make it appear that their clients (and business) are not at fault and that you are the one who is to blame.
What to do following a Georgia automobile collision
Duluth car accident lawyers advise calling the police and obtaining adequate evidence from the car accident scene. You should document the incident by taking pictures of the two automobiles, the site, and any other people or vehicles present.
You should also obtain the names, addresses, contact details, and insurance information of the other drivers involved. Avoid talking to the other motorist because you can unintentionally say something that implies your wrongdoing.
Contact a vehicle accident attorney right away so they can look into the incident once you’ve obtained medical care.