If you or a loved one has been involved in a car accident, you may wonder about the liability for the accident. Who is at fault? Georgia is an at-fault state, meaning drivers must pay for any accidents due to their negligence. Still, establishing liability can be a challenge in some scenarios. Read on to explore fault accident law to protect yourself following a vehicular accident.
Understanding Who Is At Fault in Different Car Accident Scenarios
Some of the basic liability guidelines in Georgia as an at-fault state include the following:
- If two drivers are involved in an accident, the one breaking the law is at fault.
- A driver who took negligent actions while driving, such as using the phone, eating, or talking, is likely at fault.
- If one of the vehicles did not have proper maintenance (i.e., non-functioning brake lights), which led to the car accident, the driver of that vehicle is likely at fault.
- In rear-end accident scenarios, the driver behind the other car in the accident is typically at fault. However, there are some exceptions, such as driving behind a driver who was erratic on the road.
After filing a police report and notifying your insurance company, the insurance company adjuster will launch an investigation to determine the at-fault driver.
The Insurance Company Determining Fault in Vehicular Accidents
The adjuster will consider all the evidence to identify the driver liable for the vehicular accident. They will review the following:
- Accident report from the local police
- Driver and witness statements
- Accident scene details
- Weather and road conditions during the accident
- Physical state of both cars involved in the accident
Using this information, the adjustor will reconstruct the accident to determine who was at fault. Unfortunately, insurance adjusters tend to be biased, so if the insurance company insures the other driver, they may look for opportunities to name you as the at-fault party. This is why seeking experienced legal representation is crucial following a car accident.
Secure Seasoned Legal Representation for a Car Accident
At Massey Law Personal Injury Attorneys, our car accident lawyers can provide the legal advice and representation you need to move forward confidently. We help you fight for your rights and ensure the correct at-fault party is held responsible, even if you are going up against the other driver’s insurance company. Let us guide you through the process of determining fault in vehicular accidents to help you achieve an optimal outcome.
Our experienced litigators are ready and willing to take your case to trial to recover your rightful compensation and protect your rights. You don’t have to settle for a car accident attorney who isn’t ready to fight for you. Contact Massey Law today to schedule a free consultation.