Before the process of recovering damages can begin, insurance companies and the court will want to know who is at fault, or bears the greatest responsibility, for the accident with definitive confidence.
After a crash occurs, evidence such as the other motorist’s admission of poor judgment, surveillance footage or eyewitness account can help to clarify who might have caused the accident.
Georgia is a modified comparative negligence state
Georgia applies a doctrine known as modified comparative negligence when determining fault in a car accident case. Per the state’s statute concerning this matter, you may recover damages from the other motorist even if you were partially responsible for the accident. However, you may not recover damages if you were 50 percent or more to blame for the causes of your own harm.
For instance, if the court awards $100,000 in damages, but establishes that you were tailgating the other motorist and you were, thus, 20 percent responsible for the accident, then you can only receive up to $80,000 in damages from other responsible parties.
How can you strengthen your car accident case?
When suing for car accident damages, it is important that you make a compelling case as to who is responsible for the accident. The stronger your case against the other driver, the more likely you will receive a desirable outcome.
Some of the evidence that insurance companies and the court will look at when determining liability include:
- The police report
- Witness accounts, as well as statements from both drivers
- Road conditions at the time of the accident
- Evidence of traffic violation
Every case is unique, so don’t make assumptions about yours until you’ve spoken with a legal professional who can help you protect your legal rights and pursue the maximum compensation available under the circumstances.