How Is Fault Determined After a Car Accident in Georgia?

In Georgia, the driver at fault for an accident is financially responsible for its consequences. Assigning fault is a critical part of any subsequent personal injury claim. Investigators seeking to determine fault will examine various pieces of evidence to understand whose negligent actions led to the crash.

Although this may seem straightforward in theory, it can be complex in practice, often requiring the help of experts in the field of accident reconstruction. Another complicating factor is that fault can be shared among several different parties. In many cases, the injured party themselves is at least partially at fault, which can affect how much compensation they may be able to recover.

What Are the Four Elements in Negligence Law Needed to Hold a Person At Fault?

Personal injury cases, including your car accident case, hinge on the concept of negligence. Negligence is a legal term describing a simple concept: someone’s failure to behave with reasonable care given the circumstances.

Driving a car is a complicated task that requires a considerable degree of skill, attention, and concentration. A driver who breaks the speed limit, fails to yield to oncoming traffic, or focuses more on eating a snack than on controlling their vehicle is not taking reasonable care given the circumstances. This means they are behaving negligently.

Lawyers and courts apply the following four elements when determining whether someone was negligent:

1. The person had a responsibility to others on the road.
2. They failed to honor that responsibility.
3. Their failure caused an accident resulting in injury.
4. The injury resulted in actual losses.

Here’s a simple example of negligence: a driver ran a stop sign, collided with another vehicle, and caused a whiplash injury and a broken arm to the driver of the other vehicle. These injuries required medical treatment, and the victim’s vehicle needed repairs. This situation satisfies all four elements of negligence law, and the injured driver is entitled to seek compensation for their losses.

What Evidence Can Prove the Other Driver Was Negligent?

Your Georgia car accident lawyer will look at an array of evidence from the accident to determine whether the other driver was negligent and, therefore, liable for your injuries. The police report is particularly important. It will likely make note of any driving behaviors that may have played a role in the accident, such as speeding, making erratic lane changes, driving while impaired, failing to yield the right of way, or texting while driving.

Other potentially valuable evidence includes:

• Debris from the scene
• Eyewitness testimony
• Photos of the accident scene
• Footage captured by traffic, security, or dashboard cameras
• Expert testimony from accident reconstructionists, mechanics, and medical professionals

Is It Possible for More Than One Person to Be At Fault for the Accident?

Multiple drivers may be at fault in an accident. Consider this example: Driver A takes a left turn in front of Driver B, who is traveling 10 miles per hour above the speed limit. Driver A should have waited until it was safe to turn. But perhaps it would have been safe had Driver B been traveling at a more reasonable speed. In this case, both drivers could be partially at fault for the collision.

What If I Was Partly to Blame for the Accident?

Georgia uses a comparative fault standard that allows a driver who was partially at fault for an accident to pursue compensation as long as they were less than 50 percent responsible. The amount of compensation you might receive will be reduced by your percentage of fault, though. For example, if you were 30 percent at fault for an accident that cost you $100,000, you could recover $70,000 in compensation. However, a driver who is 50 percent or more at fault cannot seek compensation under Georgia law.

What Should I Do After a Car Accident?

The actions you take following a car accident are important because they can affect how your legal process plays out.

Gather Evidence

If you’re able to, try to collect evidence at the scene. While a lawyer can conduct a more thorough investigation later, you can help by taking pictures of the vehicles, the area where the accident occurred, and any road or weather conditions that contributed to the collision. If possible, you should also get the names and contact information of any eyewitnesses who can describe how the accident occurred and what they saw.

Avoid Admitting Fault

You’ll likely find yourself speaking with a police officer after a collision. Be honest and direct, but avoid saying anything that could be perceived as an admission of fault.

See a Doctor

Prioritize getting medical care and follow your doctor’s treatment plan to the letter. This will improve your prognosis and prevent the at-fault driver’s insurance provider from claiming you exacerbated your injuries.

Be Careful on Social Media

Avoid talking about the accident on social media. Whatever you say in a public forum could be used against you later – even something that seems completely innocent. Better to avoid this possibility altogether than risk accidentally saying something wrong.

Consult a Georgia Car Accident Attorney

Contact a Georgia car accident lawyer right away. A knowledgeable attorney can help you navigate the system and deal with insurance companies while you recover.

Is There a Statute of Limitations for Filing a Car Accident Claim in Georgia?

Georgia has a two-year statute of limitations for filing a car accident claim. This means you have two years from the accident date to initiate legal proceedings against the at-fault driver and seek compensation for your injuries and other losses. Failure to file within two years jeopardizes your ability to recover funds.

Contact a Georgia Car Accident Lawyer

If you’ve been injured in a collision due to another driver’s negligence, you deserve the peace of mind that comes with having an experienced Georgia car accident attorney on the case.

At R. Alan Cleveland, LLC, we bring decades of personal injury experience to our work on behalf of clients like you who are struggling in the aftermath of an accident. We’ve recovered over $150 million to date, and we’re prepared to put our energy and resources to work for you. Contact us today to discuss your situation in a free consultation.

R. Alan Cleveland

An Athens resident Alan Cleveland grew up in Rockdale County. As a founding partner of the personal injury law firm of R. Alan Cleveland, LLC he proudly serves his community and provides skilled representation to injury victims and their families all around Georgia. Alan earned his undergraduate degree from the University of Georgia and went on to graduate, summa cum laude, from Atlanta’s John Marshall Law School. He is also a graduate of Gerry Spence’s renowned Trial Lawyers College (TLC) in Wyoming. In his free time, Alan frequently speaks at continuing legal education seminars. He also volunteered as a youth baseball coach and assists with Georgia’s high school moot court competition held annually. Alan serves as a Trustee of Historic Athens and is a member of the Development Authority of the Unified Government of Athens-Clarke County.

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