Car Accidents: Who’s at Fault?

You’ve been in a car accident, and now you’re here. Or maybe you haven’t, and you’re just reading this to take precaution on what to do if you’re ever involved in one.

There are several ways to determine who was “at-fault” for an automobile accident, but the most significant factor in this is who the insurance companies find to be the person who caused it.

Read on for more information on this process as well as what you can do to help your insurance company reach their conclusion.

No-Fault Vs. At-Fault

If you have car insurance then surely you have heard of the terms no-fault and at-fault. If it’s slipped your mind, no-fault insurance basically means that regardless of who was at-fault for the car accident, parties involved will go through their own insurance companies to pay for medical bills, damages to the vehicles, etc.

On the other hand, at-fault insurance has the person who is responsible for the crash pay for the costs involved in the aftermath of the accident. The state of Georgia follows the at-fault rule, and injured parties may sue the other driver (found to be at-fault) for the full amount of financial damages.

Comparative Negligence

Another thing to note is that Georgia follows the comparative negligence law, which considers the percentage of fault the parties involved share. For instance, if one driver is found to be at-fault for 30% of the accident, while the other is at-fault for 70%, the lesser at-fault driver can seek up to 70% from the more at-fault driver’s insurance company.

Additionally, it is important to know that while Georgia follows the comparative negligence law, they follow a modified version. This means that parties who are found to be 50% or more at-fault cannot recover any damages.

How to Determine Fault

The very first thing that needs to happen if you’re involved in a car accident is to call the police to the scene. An official police report will record details of what transpired and will prove to be more reliable than varying versions of the accident, as they can change over time.

While waiting for the police, those involved in the accident should gather as much evidence as possible. Do this by taking photos and retrieving information from all parties involved as well as witnesses of the event. This information will be valuable in helping the insurance companies to conclude the degree to which all parties had in causing the accident.

For professional assistance with determining who was at-fault for an automobile accident, rely on an auto accident attorney, like those at The Law offices of Darwin F. Johnson. We handle several types of cases and can provide legal representation as Atlanta workers’ comp lawyers. Call us if you need an auto accident attorney or an Atlanta workers’ compensation lawyer today at 404-692-6482!