There are a few ways to determine fault after an accident. Evidence, such as traffic/surveillance camera footage can aid you. Your own pictures and videos of the scene of the accident and your injuries, and medical records can help point to who is at fault. Eyewitness statements, too, are a big help.
Before the process of repair and restitution can begin, the insurance companies will need to determine which driver is at fault (or “most” at fault) for the accident. Determining fault is important because the at-fault party’s insurance company will be financially responsible for the injured party’s property damages and medical injuries. Insurance companies determine fault based on Georgia’s legal definition of negligence.
It Is Not Always Clear Who Is at Fault
Sometimes it is clear who is at fault. For example, a driver may run a red light and hit another vehicle. In this case, it is usually simple to prove that the driver who violated the traffic laws was negligent. At other times, it may be more complicated or there may be multiple contributing factors. Such is the case when two vehicles collide while merging into the same lane or in a collision involving three or more vehicles.
The insurance companies will make the final determination of fault in a car accident. There are things you can do on your end, however, to make sure the process is as smooth as possible.
For a free legal consultation, call 404-214-2001
You Can Help Determine Fault After Your Accident
Photograph the vehicles and damages incurred at the scene. Take photos to determine who violated the rules of the road. Get images of:
- Traffic lights
- The area where the accident occurred
Take down the contact information for all eyewitnesses to the accident. They can be instrumental in providing an unbiased third-party opinion. These could be helpful when the drivers disagree on how the accident happened.
Research and Know Georgia’s Driving Laws
Compare the laws to the area where the accident occurred. For example, if the following are true, the driver turning left would be deemed at fault:
- The drivers on opposing sides of an intersection both have a green light (not a green arrow)
- One vehicle turns left and strikes the vehicle passing straight through the intersection
This is because Georgia law mandates that drivers turning left on green yield to oncoming traffic.
This is your most important piece of evidence. The police officer’s version of the events is seen as more reliable (and credible) than the version of those involved and will often be the determining factor when the accounts don’t match up. Make sure that you always call the police so that a police report is made.
Never Leave the Scene of an Accident
If a vehicle hits you, you should never leave the scene of an accident without waiting for the police to arrive. Even if the other driver admits fault and exchanges insurance information with promises of fixing your vehicle, their willingness to admit fault can quickly change once you reach out to their insurance company.
If you’re injured, let the responding officer know and seek medical care immediately. These details can be handled later, but the number one priority is always your health, safety, and well-being. Even if you feel fine, it is imperative that you receive medical attention. Certain injuries can take time to manifest, so it’s wise to speak with a doctor about your accident.
In addition, if you wait weeks to see a doctor after a car accident, an insurance company may argue that you were not injured at the time of the accident. They might also claim that you went to the doctor for injuries that came from elsewhere. Our lawyers and support staff are ready to fight for your rights. If you are the victim of a commercial vehicle accident, let us be your voice.
Click to contact our personal injury lawyers today
We Work on a Contingency-Fee Basis
If you want legal help but are worried about whether you can afford it, worry no more. At Kaine Law, we take cases on a contingency-fee basis. This means you pay us nothing up front or out of pocket. We only get paid if you do. If we do not win you a settlement or court award, you owe us nothing.
If we do win, we take our fees from your financial award. We want to protect you financially and show that we are dedicated to achieving a successful outcome.
Complete a Free Case Evaluation form now
Connect with Us for Assistance with a Diminished Value Claim
Kaine Law represents clients in diminished value claims in cases arising from vehicle accidents and other incidents where property is damaged. For an obligation-free consultation with one of our compassionate team members, call us at (404) 214-2001.
We assist clients from offices in Atlanta, Conyers, Lawrenceville, and Stockbridge. Hablamos Español.