As with many personal injury cases, figuring out who is at fault in a car crash or pedestrian accident is an important part of supporting your case for insurance compensation. If a driver behaved in a negligent or careless manner, they and their insurance company are responsible for the damages that driver has caused.
However, determining fault is not always clear cut. Insurance companies want to minimize their payments. Therefore, your Georgia accident attorney must find support for your case. How does a car wreck attorney prove fault?
1. Police Reports
If the Georgia Highway Patrol, local police or emergency crews responded to your accident, there will be a written accident report. An accident report may mention any specific traffic laws that were broken, reckless driving, approximate driving speeds, citations issued, and whether a driver appeared to be under the influence. If a breathalyzer test was given, the accident report will contain blood alcohol levels and well as the results of any other substance abuse screening.
2. State Traffic Laws and Rules of the Road
Your attorney will look for state and local traffic laws that were broken in the accident. He will look for violations of speed limits, right of way, lane markers, stop signs, and other traffic laws and will cite the vehicle code in his dealings with the insurance company.
3. Rear-end Accidents
In certain types of accidents, liability is implied. For example, if you are rear-ended, 99% of the time, it is the fault of the driver that ran into you. A driver who is following another car, is supposed to leave enough distance between the vehicles to safely stop if the vehicle in front must stop. So regardless of why you stopped, the other vehicle is at fault.
4. Left-turn Accidents
When drivers make a left turn and collide with a vehicle coming straight in the other direction, they are almost always liable. Exceptions to this rule are made if the other driver was speeding, the driver ran a red light, or something unexpected occurred that made conditions unsafe.
In any car wreck, there may be “comparative negligence”. If the other driver was driving unsafely, but could not see your vehicle because your tail lights were out, you are partially at fault.
A good, Atlanta-area traffic accident lawyer will look at damage reports, photographs of the accident, police reports and other evidence and will make a strong case for your injury and property damage claims.
Attorney Shane Smith wants to help you get full and fair compensation for your injuries. Request your copy of our FREE online report 10 Mistakes that Can Ruin Your Georgia Wreck Case. And, if you need help or have any questions, contact the Law Offices of Shane Smith. Our initial consultation is always free.