Fault is a major component of any personal injury claim in Georgia, including car accident claims. Establishing a clear picture of fault and liability in your accident case will make a significant difference in the outcome of your injury claim. Working with an experienced attorney ensures that you have the support and guidance you need to build a strong car accident case.
Georgia’s Fault System for Car Accident Claims
There are multiple classifications of fault in car accident cases. Some states are considered no-fault states, and others have fault-based systems. Georgia uses a modified comparative fault system. This means that:
- More than one person can be found liable for the accident.
- Injured parties can still recover damages if they are partially at fault.
- To recover damages, you cannot be more than 50% at fault.
The state’s modified comparative negligence system also impacts how injured accident victims receive financial awards. If you are found to be entitled to damages and are partially at fault for the accident, the compensation you receive will be reduced by your percentage of fault.
Car Accident Case Example
Harriet was hit by a speeding car while she was crossing the street. Her injuries required extensive surgery and physical therapy, and she missed months of work as she recovered from the accident. She was awarded $120,000 in damages, but she was also found to be 20% at fault because she was crossing the street against the signal.
The 20% fault would be taken away from her award of $120,000, making her final compensation amount equal to $96,000.
How to Determine Fault in a Car Accident
Because the determination of fault weighs heavily on the outcome of your case, it is crucial for liability to be firmly established in your version of events. Your car accident attorney can do this by gathering relevant evidence to support your claim, including:
- Police reports
- Surveillance or security camera footage
- Dashcam footage
- Pictures of the scene
- Medical records
- Accident reconstruction
- Expert witness testimony
- Witness statements
Depending on the circumstances of your accident, other documentation may also be useful. For example, if you suspect that the other driver was using their cell phone at the time of the collision, their phone records may help determine whether they were distracted.
It’s important to work with your attorney to collect and preserve the evidence needed for your injury claim.
Personalized Legal Strategy for Establishing Fault in a Car Accident
A boilerplate approach will not be effective when determining fault for your car accident. Each case is unique because every client has different needs for recovering from their injuries, which is why we take a personalized legal approach to each client’s case.
Don’t wait to prioritize establishing fault in your car accident case. Our Atlanta car accident attorneys have an in-depth understanding of Georgia personal injury laws and extensive experience advocating for people injured in accidents. Contact Flanagan Law to schedule a free consultation.
