404-636-4900 Determining fault after an accident directly affects who is responsible for damages and compensation. In fact, accurate fault determination ensures the liable party covers injury costs, influences insurance claims, and impacts future financial obligations and legal consequences for those involved.
At Deming Parker, our personal injury lawyers use a structured approach to determine fault. With over 50 years of experience in Georgia, we’ve perfected this method to build strong, comprehensive cases. This article will guide you through the steps and considerations we take into account when determining fault after an accident.
Collecting Evidence at the Accident Scene
Gathering evidence at the accident scene is crucial for building a strong case. Key pieces of evidence include:
- Photos: Photos provide a visual record that clarifies how the accident occurred, and they also capture conditions that change rapidly, such as road conditions, weather, and lighting. Make sure you take photos of all visible injuries and vehicles involved from multiple angles to show the point of impact and the extent of damage.
- Witnesses’ contact information: Collect names, phone numbers, and addresses of witnesses, as their statements offer unbiased third-party accounts of the incident and can support your version of events.
- Police report details: Call the police to the scene and obtain a copy of the police report, which includes the officer’s observations and any citations issued. If you’re feeling confused with the data included in the report, keep reading how to read an accident report.
The Importance of Police Reports
Police reports play a significant role in determining fault. Police officers document the scene, gather statements from involved parties, and note any violations of traffic laws. Their reports provide crucial evidence and can significantly influence your case’s outcome.
Also, police reports often include critical details such as diagrams of the accident scene, weather conditions, and initial fault assessments. This official documentation is highly valued by insurance companies and courts because it’s seen as impartial and authoritative.
Moreover, having a police report helps prevent fraudulent claims or misrepresentations by the other party involved. It ensures there is an official record of the incident, which can be referred back to in case of disputes.
Using Eyewitness Testimony
Eyewitness testimonies are unbiased third-party accounts that help clarify the sequence of events and can support or refute the statements of those involved. Witnesses provide an outside perspective that can be crucial in establishing the facts.
In cases where there is conflicting information from the involved drivers, eyewitness testimonies are especially important. They can describe the behaviors and actions of the drivers before and during the accident, helping to establish who is at fault.
In addition to gathering contact information, ask witnesses to describe what they saw and heard in as much detail as possible. Written statements or recorded interviews can be particularly effective, as they capture the witness’s account while it’s still fresh.
Interpreting Traffic Laws and Violations
Understanding and considering motor vehicle laws is essential to determine fault. For example, trucking laws in Georgia vary from state to state and from other motor vehicles, such as automobiles, scooters, ATV’s, etc. Some common violations include:
- Running red lights: This is a clear violation of traffic laws and often results in severe accidents. If a driver runs a red light and causes an accident, they are typically at fault.
- Speeding: Speeding reduces the time a driver has to react and increases the severity of any collision. Evidence of speeding can be gathered from skid marks, vehicle damage, and eyewitness accounts.
- Failing to yield: This can occur at intersections, pedestrian crossings, or when merging lanes. Failure to yield often leads to side-impact collisions, which can be particularly dangerous.
Often, infractions like these directly contribute to accidents, and driving a vehicle with reckless disregard for the safety of people or property is considered reckless driving as per O.C.G.A. § 40-6-390. Violations of traffic laws are usually clear indicators of negligence, making it easier to establish fault.
Role of Insurance Companies in Fault Determination
Insurance companies analyze all available evidence, speak with witnesses, and inspect vehicle damage to determine fault. However, they often conduct their own investigations, which can be influenced by their interest in reducing payout amounts.
In fact, insurance adjusters may look for ways to attribute a portion of the fault to you to reduce the compensation amount and apply insurance deductibles. This makes it important to have comprehensive and accurate evidence to counteract these and other tactics. Additionally, an experienced personal injury lawyer can help you handle all communications with insurers to protect your rights.
Understanding Comparative Fault in Georgia
Georgia follows a modified comparative fault rule (as per O.C.G.A. § 51-12-33), assigning fault in percentages and considering each party’s responsibility when determining compensation. For instance, if one driver holds 70% of the fault and the other 30%, the compensation adjusts accordingly.
Practically, if you bear 30% of the fault for an accident and have $100,000 in damages, your compensation is reduced by 30%, resulting in a $70,000 award.
However, you cannot recover damages if found 50% or more at fault. Here, a lawyer can help you by gathering strong evidence to minimize your percentage of fault, ensuring you remain eligible for compensation. They also negotiate with insurance companies and represent you in court to challenge unfair fault assessments and maximize your recovery.
Steps to Take Immediately After an Accident
Immediately after the incident, you should:
- Seek medical attention: Medical records provide essential documentation for your claim, so make sure you ask for copies and document all injuries thoroughly.
- Report the accident: Notify the police, ensure the report is filed, and ask for a copy.
- Keep records: Maintain all communication and documents related to your claim. This includes medical bills, repair estimates, and correspondence with insurance companies.
- Consult an attorney: Legal advice will make navigating complex claims and disputes a lot easier. An attorney can guide you through the legal process and ensure you achieve a fair settlement.
At Deming Parker, we’ve been helping injured individuals across Georgia recover multi-million dollar settlements in motor vehicle accident cases since 1974, as shown in our case results. We have the necessary knowledge, resources, and expertise to effectively handle and solve your case.
Why Legal Assistance Is Crucial in Determining Fault – Get a Free Consultation With a Personal Injury Lawyer in Georgia
Securing legal assistance from an Atlanta car accident lawyer at Deming Parker is crucial for a thorough and fair determination of fault. Our experienced attorneys can help gather evidence, negotiate with insurance companies, and represent your interests effectively.
With over 50 years of experience, you can rest assured the team at Deming Parker will provide comprehensive legal support and work tirelessly to maximize your compensation. Also, we offer free consultations to discuss your case and explore your legal options without any upfront costs.
So, if you’re facing a legal claim after an accident, don’t hesitate to contact Deming Parker for a free consultation to discuss your case and explore your legal options.
