When a car accident happens in Georgia, the law follows modified comparative negligence laws to decide who is responsible for it. The law (specifically, O.C.G.A. § 51-12-33) says that if someone is 50% or more responsible for the accident, they cannot recover any money for their damages. If they are less than 50% at fault, they can still get compensated— but the money they receive will be reduced by the percentage of fault they share.
For example, if you were found 30% responsible for a car accident and the total damages amount to $100,000, you will still be eligible for compensation. However, your payout will be reduced by 30%, so you will walk away with only $70,000. If you share 50% or more fault for the accident, you get nothing.
Car accident claims in Georgia are not always straightforward, and insurance companies love to argue about fault so they can pay you as little as possible. This is why you need an experienced car accident attorney in Atlanta on your side. A good attorney will help you understand how fault is determined in your particular case and work hard to get you the maximum compensation you deserve.
Different types of evidence are used to identify who is responsible for a car accident. These include police reports, witness statements, damage assessments, and surveillance or dashcam footage.
The police report is one of the most important pieces of evidence. When officers arrive at the scene, they look for important clues, like skid marks on the road, the position of the vehicles, and if any traffic laws were broken. They also talk to witnesses who saw the accident happen.
The officer then writes an official crash report, which usually includes their opinion on who was responsible for the accident. This report can be very strong evidence when filing a claim.
Insurance companies also conduct their own separate investigation. They review police reports, speak to witnesses, and inspect vehicle damage to decide who they believe is responsible.
One thing you should know about insurance companies is that they will almost always try to pay out as little money as possible by shifting blame. Because of this, having an experienced car accident attorney in Atlanta on your team can be extremely valuable. Your attorney can collect strong evidence to challenge any unfair fault decisions and make sure you are not blamed for something you did not do.
Under O.C.G.A. § 40-6-20, every driver must obey traffic signals. So if a driver runs a red light and crashes into another car, they are automatically at fault because they broke the law. Similarly, if a driver is speeding or driving recklessly, they can be held responsible for any accident they cause.
All things said, understanding how Georgia’s traffic laws apply to your particular case can be very confusing. Again, an attorney specializing in personal injury in Atlanta can help you here. They can explain the legal side of things and help you prove the other driver was at fault so you get the compensation you deserve.
If you were in a car accident, trying to handle your case alone can be risky. The legal process is complicated, and even a small mistake could cost you thousands of dollars. On top of that, the insurance company will have experienced adjusters and lawyers on their side, and their job is to pay you as little as possible.
To get the help you need, contact Peach Firm today for a free consultation. Our team will carefully go over the details of your case, explain your rights, and work hard to get you every dollar you deserve.