Establishing fault in a car accident is crucial for identifying who is responsible for paying damages. It also helps determine how much compensation each person is entitled to. At Piedmont Injury Law, we understand that figuring out fault after an accident can be confusing.
A Kennesaw car accident lawyer from our team can help you navigate the aftermath. We will guide you through the process as insurance companies decide on fault and compensation. With more than 15 years of experience, we will ensure you receive fair treatment, sound legal advice, and answers to all your questions. Contact us online or call (678) 909-0770 today.
Who determines fault in a car accident?
Several parties decide fault in a car accident. Police officers make an initial determination based on evidence and statements. According to the Georgia Department of Transportation, officers use this information to assess who is at fault. Insurance companies also investigate the accident by reviewing police reports and speaking with those involved. They use this information to calculate a settlement. If you hire a lawyer, they can also review the evidence and help assess fault.
How various parties determine fault in a car accident
Many types of evidence help determine fault in a car accident. This evidence helps establish what happened and supports or disproves the drivers’ accounts. Once law enforcement, insurance adjusters, and lawyers review the evidence, they use it to calculate compensation based on each party’s responsibility.
One key piece of evidence is the police report, which contains photos, videos, diagrams, and officer notes from the scene. It may also include witness statements. It’s also a good idea to take your own photos and videos of injuries, vehicle damage, and other relevant details. These can support your claim when dealing with insurance companies.
Establishing negligence after a car accident
Fault and negligence are closely related. If someone acted negligently, they are usually found at fault for the accident. Understanding negligence is important because it plays a big role in the outcome of a car accident claim. Every state has its own approach to negligence.
Georgia uses modified comparative negligence to determine compensation
In Georgia, car accidents are assessed using a modified comparative negligence approach. Under O.C.G.A. § 51-12-33, each person is assigned a percentage of fault for the accident. That percentage will reduce any damages they receive. They cannot receive compensation if they are found to be 50% or more at fault.
A lawyer can help you seek compensation by proving that the other party had a duty to keep others safe and failed in that duty. They will show how this failure led directly to your injuries and losses.
Damages that can be claimed in a car accident
Once fault and negligence are determined, the parties involved may be awarded compensation. There are two main types of damages: economic and non-economic. Economic (actual) damages cover medical expenses, lost income, and property damage. Non-economic damages address pain and suffering, emotional distress, and any reduction in quality of life. In severe cases, punitive damages may be awarded to punish the liable party for extreme negligence.
Piedmont Injury Law can help you receive compensation
Piedmont Injury Law is here to guide you through determining fault after a car accident. We will fight for your rights and ensure you receive fair compensation. Schedule a free consultation by contacting us online or calling (678) 909-0770.