Car accidents happen every day across Georgia, and many of these accidents result in serious injuries. One of the first questions that usually comes up after an accident is, “Who was at fault?” The answer to that question can determine who has financial liability for the damages and injuries that occurred.
Keep reading below to learn more about how fault is determined after a Georgia car accident.
Georgia’s “At-Fault” System for Car Accidents
Georgia follows an at-fault system when it comes to car accidents. This means that the driver who caused the accident is responsible for all the damages. Georgia’s system is in contrast to the “no-fault” system used by a few states. In those states, each driver is responsible for their own damages regardless of who caused the crash.
Drivers in Georgia have a few options for obtaining compensation after an accident. Typically, they may:
- File a claim with the at-fault driver’s insurance company
- File a claim with their own insurance company
- File a personal injury lawsuit in civil court against the at-fault driver
Once fault is established, the at-fault driver’s insurance company may be responsible for paying covered damages under the applicable policy. In most car accident cases, proving fault requires proving the other driver’s negligence.
How Negligence Affects Fault in Georgia Car Accident Cases
Most car accident claims in Georgia are based on negligence. This means that one driver’s carelessness caused the accident and resulting damage or injuries. If you can prove the other driver’s negligence, then you can prove that they were at fault for the accident.
To prove negligence, you must show:
- Duty of care: Drivers owe others on the road a legal duty to obey traffic laws and operate their vehicle in a safe manner.
- Breach of duty: You need to be able to prove that the other driver failed to act in a reasonable manner. For example, you could prove that they were speeding or texting while driving.
- Causation: Your injuries must have been a direct and foreseeable consequence of the other driver’s action.
- Damages: You will need to be able to prove that you sustained some actual damages, such as medical bills, lost wages, or pain and suffering.
Negligence must be proven by a preponderance of the evidence. This means that you must have enough evidence on your side to convince a judge or jury that your version of the facts is true.
What Types of Evidence Are Used to Prove Fault After a Car Accident?
The more evidence you have on your side, the higher the odds that you will be successful with your claim. There are many types of evidence that may be used to prove your case, and the Georgia Rules of Evidence will ultimately determine which pieces of evidence are admissible if your case makes it to litigation.
Some common types of evidence used to prove fault are:
- Accident reports
- Photos or videos
- Witness testimony
- Your own testimony
- Expert witnesses, such as a crash reconstructionist
- Text messages or call logs
Once fault has been established, you may also use medical records, bills, receipts, and other evidence to prove the extent of your injuries and damages.
What Types of Damages Can I Recover from an At-Fault Driver?
If you have been hurt in a car accident that was another driver’s fault, you are entitled to recover both economic damages and non-economic damages. Economic damages provide compensation for your financial losses, while non-economic damages provide compensation for your physical and emotional pain.
Some common examples of damages available in Georgia car accident cases are:
- Property damage
- Medical bills
- Lost wages and benefits
- Future reduced earning capacity
- Out-of-pocket expenses
- Pain and suffering
- Emotional distress and mental anguish
- Diminished quality of life
- Permanent scarring or disfigurement
- Depression or anxiety
- Permanent disability
Having an experienced personal injury lawyer can be crucial to ensuring that you have properly identified all the damages available in your case.
Contact the Augusta Car Accident Lawyers at Jamie Casino Injury Attorneys for a Free Consultation
Proving fault after a car accident is not always straightforward. Insurance companies often dispute liability or try to shift blame to injured victims. An experienced attorney can investigate the crash, gather evidence, and help protect your right to recover compensation.
For more information, please contact the personal injury attorneys at Jamie Casino Injury Attorneys at our nearest location to schedule a free consultation today.
We serve Savannah, Augusta and the surrounding areas in Georgia.
Jamie Casino Injury Attorneys – Savannah Office
480 Mall Blvd,
Savannah, GA, 31406
(912) 355-1500
Jamie Casino Injury Attorneys – Augusta Office
1450 Greene St, Suite 140
Augusta, GA, 30901
(706) 750-8860
Jamie Casino Injury Attorneys – Columbia Office
1507 Richland St,
Columbia, SC, 29201
(803) 999-5756
