How can you know if a driver is at fault for a crash in Georgia?

On Behalf of | Apr 30, 2024 | Car accidents |

Every day, Georgia residents are constantly bombarded with news reports of near-fatal car crashes and deadly car accidents. Most of these accidents happen due to speeding, road rage or impaired driving. Despite the efforts of safe drivers, the actions of others can make roadways unsafe for all road users.

In fact, five people per day die on Georgia highways. Countless others get injured. When injuries happen, claims are filed and the quest for justice begins. But how can the injured establish who is truly at fault for an accident?

Where to look to determine who’s to blame for a car wreck

Establishing fault in a car crash isn’t always straightforward. It requires a deep understanding of the accident’s circumstances and applicable laws. The first point of reference is often the police report. This document serves as an official account of the incident. It can reveal details about the drivers’ behavior, traffic violations and any citations issued.

However, the police report isn’t the only piece of the puzzle. Witness accounts help add more pieces. These accounts can offer additional insights into the events leading up to the crash. They can either support or dispute the information in the police report. Other pieces come from the scene itself. Skid marks, vehicle damage and road conditions can all be crucial in determining who was at fault.

To hold the at-fault party accountable

Identifying the at-fault party in a car accident claim is a huge step toward financial help. For the injured party to receive compensation for their medical expenses, lost earnings due to inability to work and other costs, they must start the process and clearly identify the at-fault party.

However, they shouldn’t expect complete compensation for all costs. Georgia’s comparative negligence rule still applies. As per this rule, if they are at fault to some degree in the accident, that same percentage will decrease the total compensation they can receive. Most notably, they won’t qualify for compensation if they bear more than 50% of the fault.

These factors can complicate matters in a Georgia car accident. So, seeking a legal professional can be beneficial for those in these situations. They can assist in determining who’s really to blame for the accident and in pursuing compensation.