Car accidents happen all the time. And with so many distractions like those caused by cell phones and other electronic devices, rear-end accidents are, unfortunately, on the rise. While most rear-end accidents are nothing more than minor fender benders, some can result in life-altering injuries.
If you are involved in a rear-end crash that you believe is not your fault, you need to pursue the liable party for the resulting economic and non-economic damages. To litigate your claim and win your case, it helps to understand how fault is determined following a Georgia rear-end crash.
Understanding Georgia fault laws
In no-fault states, it does not matter who caused the accident when pursuing claims from the insurance carrier. In such states, a driver involved in a car crash simply seeks compensation from their insurance company for the resulting damages.
Georgia, however, applies a doctrine known as modified comparative negligence. Based on this doctrine, fault and the damages you may recover are determined by each party’s contribution to the crash.
Here is an example: If another motorist hits you from behind, and the police investigation establishes that you did not turn your indicator lights on, the court might find you partly at fault. If your fault is set at 20 percent, then you may only receive 80 percent of the awarded damages. This means that if the court finds you 50 percent or more at fault, then you will receive no damages.
So what evidence can you use to strengthen your claim following a rear-end crash?
A number of driver actions can help you strengthen your case against the other driver. Some of these include:
- When they make an unsafe turn or lane change
- When they suddenly brake without signaling
- When their brake lights are non-functioning
- When they are driving under the influence of alcohol or drugs
Protecting your rights
If you are hurt in a rear-end crash that is not your fault, you deserve justice. Learning more about Georgia car accident laws can help you protect your rights and interests while litigating a car accident claim.