Proving Fault in an Atlanta Car Accident

Unfortunately, even if you are a safe and cautious driver, you can still be involved in an accident due to the recklessness or negligence of those you share the road with. In 2023, there were over 34,000 traffic accidents in Atlanta.

Georgia is an “at-fault” state, meaning that the driver who caused the car accident is liable for damages. However, Georgia also operates under a modified comparative fault system, which means your compensation depends on the other driver’s level of fault. 

After an accident, you might feel that it’s obvious that the other driver is at fault. However, establishing liability is not always easy. In this article, we will discuss essential steps and evidence to establish fault and why working with an Atlanta car accident attorney can strengthen your case. 

Georgia’s Fault Laws Explained

If you are involved in a car accident in Atlanta, you will likely be subject to Georgia’s fault laws. Georgia follows a “fault” or “at-fault” system for car accidents, meaning that the driver responsible for the crash is liable for the resulting damages.

The most common way that injured parties recover compensation in a fault-based state like Georgia is to file a claim against the at-fault driver’s insurance. However, recovering compensation is not always straightforward because Georgia also adheres to a modified comparative negligence rule. 

Under this rule, victims of car accidents can recover damages even if they share some of the blame for the accident, as long as they are less than 50 percent responsible. However, any reward is reduced by the victim’s percentage of fault. 

For example, let’s say that a driver T-boned your vehicle as you passed through an intersection. The driver who hit you ran a red light, causing the accident, but you were driving slightly over the speed limit. If it was determined that you were 20-percent liable for the accident and the other driver was 80-percent liable, the compensation you are awarded will then be reduced by 20 percent.

If an accident victim’s share of fault is found to be 50 percent or higher, he or she will be barred from recovering any damages under Georgia law. 

The Four Elements Needed to Prove Fault in an Atlanta Car Accident

To successfully recover damages from the at-fault party, you must establish the following elements:

• Duty of care: In Atlanta, all drivers owe a duty of care to other drivers on the road. This duty requires drivers to obey traffic laws, drive safely, and avoid behavior that could harm others. 
• Breach of duty: The injured party must demonstrate that the at-fault driver breached this duty of care. A breach may include actions such as texting while driving, speeding, tailgating, or any other behavior that deviates from reasonable standards of care. 
• Causation: Establishing causation involves showing that the at-fault party’s breach of duty directly caused the accident and resulting injuries. 
• Damages: This final element involves proving that the accident caused your injuries and emotional losses. This could include medical expenses, lost wages, pain and suffering, and property damage. 

Evidence Used to Prove Fault in Atlanta Car Accident Cases

The evidence used to prove fault in an Atlanta, Georgia, car accident case varies based on the circumstances of the crash and the facts of the case. 

The following are common types of evidence personal injury lawyers commonly rely on to build a strong auto accident case for their clients. 

Police reports

When you call 911 after a motor vehicle accident, a police officer will be dispatched to the scene. The officer will complete an official accident report, which is often a valuable piece of evidence. 

A police accident report provides a factual summary of the car crash, including information such as:

• Description of the accident scene
• Witness statements
• Citations issued
• Officer’s observations

A police report provides an objective third-party account of the car accident. It offers valuable insights that your personal injury attorney can use during settlement negotiations with the insurance company. 

Witness statements

Witnesses who observed the accident can provide essential information about how events unfolded. Their testimony can clarify the sequence of events, driver behaviors, and other details that may not be immediately apparent in the accident scene alone. 

Eyewitness testimony can add credibility to your versions of the accident. Unbiased third-party accounts can carry significant weight in establishing fault, especially if you and the other driver offer conflicting stories. 

Photos and videos

Photo and video evidence can come from traffic cameras, nearby surveillance systems, dashcams, or photos taken by the drivers or witnesses on their phones.

Photos and videos can offer visual evidence of:

• Vehicle damage
• Road and weather conditions
• Skid marks
• Injuries
• Positioning of vehicles involved 

Medical records

Medical records provide documentation of the severity and type of injuries you sustained in the car accident. These records establish a direct link between the accident and your injuries, which is critical when calculating damages. 

Additionally, testimony from medical professionals can help demonstrate the impact of your injuries on your life. This could increase the compensation for pain and suffering, disability, and other damages. 

Electronic data (EDR or black box data)

Many modern vehicles are equipped with Event Data Recorders (EDRs), which record important information in the moments before and after a crash. 

This data can include the:

• Speed of the vehicle
• Brake application
• Steering angles
• Seatbelt use

The information recorded in EDRs provides a factual account of what the vehicle was doing at the time of the accident. This information can clarify things such as whether a driver attempted to avoid the collision and can contradict or confirm statements about the circumstances of the accident. 

Cell phone records

Cell phone records can help determine whether a driver was texting or on a call at the time of the accident. Distracted driving is a major cause of auto accidents in Atlanta, and proving distraction can establish fault. 

If the at-fault driver was using a device at the time of the car accident, this could support your negligence claim. Proving that the other driver was distracted at the time of the crash provides a strong argument that he or she was not paying full attention to the road. 

How Evidence Supports Your Atlanta Car Accident Case

You can view the evidence you have like pieces of a puzzle. Each piece of evidence provides a part of the puzzle, a full picture of how the accident occurred when the pieces are put together. 

Here’s how evidence all works together:

• Evidence strengthens your claim: Solid evidence demonstrates the other party’s fault and can reduce the chances of your insurance claim being disputed
• Evidence assists in settlement negotiations: Insurance companies are more likely to offer fair settlements when presented with irrefutable evidence
• Evidence supports court proceedings: If your car accident case goes to trial, evidence can sway the jury’s decision toward your side, increasing your chances of a favorable verdict

Why Hire an Atlanta Car Accident Lawyer to Prove Fault

After being injured in a motor vehicle accident, you may be deciding whether you can prove fault on your own or if you need the help of a personal injury lawyer. 

Here are several reasons why hiring a personal injury lawyer can be essential for determining fault and maximizing your compensation. 

Understanding fault laws

As discussed earlier, Georgia is an at-fault state that follows comparative fault laws. A car accident lawyer can help you understand how Georgia laws apply to your specific case, advising you on the potential outcomes.

Your personal injury lawyer can work to minimize or eliminate any percentage of fault the other party and the insurance company are trying to assign to you. 

Collecting strong evidence

Car accident lawyers are adept at finding, organizing, and presenting evidence in a way that best supports your claim. 

For example, a lawyer can locate and interview witnesses, preparing them for statements or even court appearances if needed. Additionally, personal injury lawyers are skilled in preserving and documenting physical evidence from the accident scene, such as vehicle damage, skid marks, and the positioning of cars.

Navigating insurance company tactics

The other party’s insurance company will do everything possible to minimize your payout and may even attempt to shift the blame on you. Adjusters often use tactics to reduce a claim’s value or even deny it. 

Consider some ways a lawyer can help you deal with insurance adjusters:

• Protect your statements: The insurance company may try to trick you into saying something that could be used against you to devalue your car accident claim. A personal injury lawyer can advise you on what to say and avoid saying. 
• Negotiate skillfully: Experienced car accident attorneys know the strategies insurance companies use and can negotiate to ensure your compensation covers all of your financial losses. 
• Understand your legal rights: Sadly, some insurers use bad faith practices to try to get out of paying claims. Your lawyer will make sure the insurance company follows fair practices and does not infringe upon your legal rights. 

Assessing the value of your claim

You need to demonstrate the extent of your damages to receive fair compensation for all your damages. Many motor vehicle accident victims underestimate the amount they are entitled to, but don’t make this mistake. 

An experienced car accident lawyer can help you accurately assess all damages, including:

• Medical costs: Your lawyer will take into consideration both your current and medical expenses
• Lost wages and earning capacity: A car accident attorney will calculate lost income due to missed work and consider how the accident could affect your future earning potential
• Pain and suffering: Personal injury attorneys know how to quantify non-economic damages, like emotional distress or mental anguish

When you have legal representation, you can ensure that no aspect of your damages is overlooked or undervalued. 

Preparing for court

While more auto accident claims are settled outside of court, some cases proceed to trial. Skilled personal injury lawyers are prepared to go to court if necessary, ensuring your rights are protected every step of the way. 

Your lawyer can:

• Present evidence professionally
• Cross-examine witnesses
• Deliver persuasive arguments

Having a lawyer who is experienced in court procedures gives you an advantage if a trial becomes necessary. 

Our Atlanta Car Accident Lawyers Can Help You Establish Fault and Liability

Successfully proving fault in an Atlanta, Georgia, car accident case often requires solid evidence, knowledge of the state’s fault laws, and the support of a dedicated legal team. By partnering with an experienced personal injury attorney, you can build a compelling case and improve your chances of securing fair compensation. 

Our law firm accepts car accident cases on a contingency fee basis. What does this mean for you? It means no upfront legal costs or fees. We only get paid if your case is successful and you receive a monetary settlement or award. 

At Hoffspiegel Law, we offer all potential clients a no-obligation free consultation. Call us today, or click the Contact Us button to get started. 

Photo by Louis Droege on Unsplash