No, Georgia is not a no-fault auto accident state; it is a fault state. This generally means that the at-fault party is obligated to cover the losses of any party they injure.
In no-fault states, each driver’s insurance generally covers a portion of their losses, regardless of who caused the collision. This is not the case in fault states like Georgia.
Who Determines Fault for an Auto Accident in Georgia?
Multiple parties may determine fault for your accident. Ultimately, it is the insurance companies that have the most say in who deserves fault.
A police officer who arrives at the accident scene may:
- Speak with witnesses
- Speak with you
- Speak with other drivers involved in your accident
- Review physical evidence
They will then write a police report related to your accident. The report may indicate who the officer believes is at fault for the accident. This may be relevant to how insurance companies determine fault. However, a police report is not a final determination of liability.
How Insurance Companies May Determine Liability for Your Accident
Insurance companies may determine liability by:
- Contacting all parties involved in the accident
- Recording motorists’ accounts of the accident
- Speaking with witnesses
- Obtaining the police report for your accident
- Reviewing damage to vehicles involved in the accident
- Obtaining other relevant facts and documentation
Insurance companies may assign blame to all parties involved in a collision. However, in some cases, one driver may be clearly at fault for the accident.
What Acts Make Someone Liable for an Accident?
The following acts can increase the risk of a collision. When a motorist engages in these acts and a collision happens, they may be liable. These acts include:
- Running a red light
- Running a stop sign
- Failing to maintain one’s lane
- Merging into an occupied lane
- Texting while driving
- Driving while drunk
- Eating or drinking while driving
These are a few of the many acts that can cause an accident. Because Georgia is not a no-fault auto accident state, it is important to determine why your accident happened.
What is the Standard for Liability in Car Accident Cases?
O.C.G.A. § 51-1-6 enables victims to seek compensation from those who harm them. However, it states clearly that a “breach of duty of care” is the standard for recovering compensation.
All motorists owe a duty of care. This duty of care requires them to act reasonably. When they act in any way that puts others at risk, they violate their duty of care. Proving this is relevant to establishing negligence. The sequence for proving negligence is:
- Establishing that the at-fault motorist owed you a duty of care
- Showing that the at-fault party breached their duty of care by acting unreasonably
- Establishing a link between the breach of duty of care and your accident
- Establishing a link between your accident and your losses
As the American Bar Association (ABA) explains, a negligent act is not always an intentional act. The at-fault motorist likely did not intend to cause your accident. However, they may still be negligent.
Will You Receive Compensation from an At-Fault Driver?
You may receive compensation for your losses. The at-fault motorist may be the person who owes you such compensation.
The liable driver’s insurance may cover your losses. If they do not have sufficient insurance, then you may sue them. Your car accident lawyer can help you with either an insurance claim or a lawsuit.
Which Losses Can You Receive Coverage for?
Your auto accident-related losses may include:
- Damage to your vehicle
- The cost of treatment for injuries
- The cost of rehabilitating your injuries
- Temporary or permanent disability
- Lost income
- Lost bonuses and alternate forms of income
- Lost productivity
- Lost earning power
- Pain and suffering
- The cost of treatment for psychological harm
You may receive fair financial coverage for these losses. If you have additional losses, they may entitle you to additional compensation.
Why Hire Our Firm After an Auto Accident?
Our firm’s services do not cost you anything out of your own pocket. We represent you until your case is complete. If we win, we receive a portion of your winnings. If we do not win, then you owe us nothing.
Our team can:
- Defend you from insurance companies and attorneys
- Investigate your auto accident
- Determine liability
- Identify your losses
- Value your losses
- Complete settlement negotiations
- Help you arrange medical care
- Arrange temporary transportation
We seek fair compensation through the quickest means. Our team will keep you up to date every step of your case.
Call Kaine Law for a Free Consultation
During your free consultation, we will review your case, explain how to start your case, and answer any questions that you have. Do not wait to call, as your case may be time-sensitive.
Call the team at Kaine Law today at (404) 214-2001 to complete your free case review.