How Do I Determine Who Was at Fault in the Car Accident?

When you’re involved in a car accident in Atlanta, one of the first questions that comes to mind is, “Who was at fault?” At Morain & Buckelew, LLC, we understand how crucial this question is for our clients. Determining fault is not just about assigning blame; it’s about understanding your rights and what compensation you may be entitled to. Let’s dive into how fault is determined in Georgia car accidents.

The Role of Evidence in Establishing Fault

The role of evidence in establishing fault in car accident cases is multifaceted and critical. Each type of evidence contributes a unique perspective, helping to construct a comprehensive understanding of the incident. Let’s break down the different types of evidence and their roles in determining fault:

  1. Police Reports: These are often the foundational documents in car accident cases. Police reports are generated by officers who respond to the accident scene. They typically include the officer’s observations, statements from the drivers and witnesses, information about road and weather conditions, and sometimes diagrams of the accident scene. 
  2. Witness Statements: Witnesses provide an external and unbiased perspective on the accident. Their accounts can be crucial, especially when the drivers’ versions of events are contradictory or unclear. Witnesses might offer insights into the drivers’ behavior before the accident, such as speeding, erratic driving, or failure to adhere to traffic signals, which can be pivotal in determining who was at fault.
  3. Traffic Camera Footage: This type of evidence can be precious as it provides an objective accident record. Traffic cameras or CCTV footage from nearby businesses can capture the accident, showing the vehicles’ movements, traffic light status, and road conditions. 
  4. Physical Evidence from the Vehicles: The damage to the vehicles involved can tell a lot about the dynamics of the crash. For instance, the location and extent of the damage can help reconstruct how the accident occurred and the angle of impact, which can be critical in fault determination. 
  5. Photographs and Videos: Photos and videos taken immediately after the accident can provide information. They can capture the position of the vehicles post-accident, road conditions, weather conditions, traffic signs, and any obstacles that might have contributed to the accident.
  6. Expert Testimonies: In some cases, the services of accident reconstruction experts or automotive engineers may be required to interpret the evidence. These experts use their knowledge to understand the forces involved in the crash, the behavior of the vehicles, and other technical aspects that might be beyond the layperson’s understanding. 
  7. Medical Records: In the case of injuries, medical records become a form of evidence. They provide documentation of the injuries sustained, which can correlate with the crash’s nature. 

Georgia’s Comparative Negligence Law

Georgia operates under a system called “comparative negligence.” This means that if you are partially at fault for the accident, your compensation might be reduced by your percentage of fault. For example, if you are found to be 20% responsible for the accident, your compensation would be reduced by 20%. Understanding this law is vital in any car accident claim.

Traffic Laws and Fault Determination

Understanding local traffic laws is essential in fault determination. Violations of these laws, such as running a red light or speeding, can be strong indicators of fault. Our familiarity with Georgia’s traffic laws enables us to assess each case effectively.

When Insurance Companies Get Involved

Insurance companies play a significant role in fault determination. They conduct their investigations and often try to minimize their payouts. It’s essential to have an experienced legal team to ensure your rights are protected.

Contact Morain & Buckelew, LLC for Guidance

If you’ve been involved in a car accident and need clarification on determining fault, Morain & Buckelew, LLC is here to help. Our team of experienced personal injury lawyers in Atlanta, Georgia, understands the complexities of fault assessment. Call us today at (404) 448-3146 for a free consultation. We are committed to helping you understand the aftermath of a car accident and securing the compensation you deserve.

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