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How is fault determined in a Georgia car accident case?

On Behalf of | Dec 20, 2022 | Personal Injury |

You are driving home after a fruitful day at work. You can’t wait to see your loved ones. Then, out of nowhere, an accident happens. And you are caught up in the thick of it. So what happens next?

A car accident can leave you confused and hurt. If you are involved in a car accident that is not your fault, you may be eligible for financial restitution for the resulting damages. However, to pursue your claim and receive the compensation you deserve, the other party must be found liable. In other words, there has to be evidence that they acted negligently, and that their actions were directly responsible for the accident that caused your injuries. 

Apportioning fault in a Georgia car accident claim

Just like in many states, fault can be shared between both drivers following a car accident. This is because Georgia is a modified comparative fault state. Basically, this means that if you are less than 50 percent responsible for the accident that caused your injuries, then you may recover damages based on the extent to which you contributed to the accident. In other words, damages are distributed based on each party’s degree of fault. 

So who determines fault following a car accident?

If you are involved in a car accident in Georgia, you will need to call the police to the scene and notify your insurance company. Both the police and the insurance adjuster will independently investigate the case and review the facts to establish fault. If the case has gone to court, then the judges will also come to their ruling on this basis. 

To gain a better idea of what happened and establish fault, the insurance adjuster will look into the following:

  • The police report
  • Witness account
  • Weather and environmental conditions at the time of the accident
  • Extent of injuries and damage to both cars

If you are involved in a car accident that was caused by someone else, you need to understand your legal options so you can pursue the damages you are entitled to.