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Georgia Auto Accidents and Comparative Negligence


Blog Category:
11/26/2014
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A report by the National Highway Traffic Safety Administration (NHTSA) estimated that 25,580 people died and many more were injured in 2012 auto accidents from January through September. Being prepared before an accident can enable a victim to obtain all the necessary information that will be helpful to their case.

Consulting a Clayton County attorney after an auto accident enhances a victim's ability to receive a reasonable settlement. If you have been injured in an automobile accident you should discuss your case with an accident attorney at the Law Offices of Shane Smith.

Compensation for Georgia auto accidents is determined using the comparative fault system when determining how much a party (or his associated insurance company) should pay. In other words, a person or his insurance company will likely be held responsible for his proportion of the damages following a determination of his liability.

In Georgia, a claimant's damages are reduced by his fault percentage. The remaining damages are distributed among the other party or parties according to his fault degree. A claimant cannot receive damages if his fault degree is determined to be 50 percent or higher.

Claims are typically filed with the other parties' insurance companies if they were responsible for a Georgia auto accident. Typically, the other parties' insurance companies will seek to reduce or avoid liability by showing that a claimant was at least partially responsible for the accident. It is necessary to present evidence to the other parties' insurance to prove liability. An experienced Clayton County auto accident attorney can help obtain evidence including police reports, eyewitness testimony, and potentially security or surveillance video.

Georgia law requires that auto accident victims prove the other driver was negligent in order to collect damages. Victims must show:

  • The driver who caused the injuries had a responsibility to drive safely such that other drivers would not be injured and did not satisfy that duty
  • There is a connection between the other driver's violation of duty and the injuries
  • There are damages (financial loss) resulting from the accident.

Georgia law requires that the recovery amount should be reduced if a victim's carelessness contributed to the auto accident injuries.

If you or someone you know has been hurt in an auto accident, meet with a Clayton County auto accident lawyer at the Law Offices of Shane Smith. We can obtain the relevant evidence including police reports.



Category: Auto Accidents

Shane Smith
Advocate for the Seriously Injured in Georgia

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