How is Fault Determined in a Car Accident?

Serving Atlanta, Georgia

If you are involved in a car accident, determination of who was at fault can have a major effect on the amount of compensation you are able to receive. This is particularly true in the state of Georgia, which uses proportional comparative fault to determine compensation for injuries sustained in a car accident.
How Fault is Determined
Fault for an accident is sometimes clear-cut. One driver breaks a specific law, such as a speed limit, or running a stop sign. His action causes an accident. He is then issued a ticket that indicates he was breaking a law. The other driver was observing all applicable driving laws, but was injured in the accident. In this case, the injured driver is obviously not at fault, and will be entitled to compensation.

In other cases, though, establishing fault might be less straightforward. For example, one driver ran a red light, but the other driver was speeding. The resulting accident could have occurred as a result of both negligent actions. An insurance adjuster might evaluate the circumstances to determine fault, or this case might end up in court, where a legal determination of fault will be made.

Why Fault is Important

In cases where both drivers are ruled to be at fault, the court must then decided what percentage of the fault falls to each party. Did the driver running the red light contribute over half of the fault for the accident, or should fault be equally divided between both drivers?

In the state of Georgia, if one of these drivers is found to be more than 51% at fault for the accident, that driver will not be entitled to compensation, but the other driver will be eligible for a settlement. Because of this approach, called proportional comparative fault at 51%, determining compensation can be complex, and require the help of an Atlanta car accident attorney to ensure you receive a settlement to help defray the costs of your injuries and/or damage to your car.

The team of legal professionals at Robbins & Associates, P.C., have a great deal of experience dealing with determination of fault in auto accidents as it applies to Georgia law. If you are in need of an Atlanta car accident attorney , please contact the offices of Robbins & Associates, P.C., to be sure your case is in the best possible hands.

6000 Lake Forrest Drive Suite 315, Atlanta, Georgia 30328

404-252-8117 | 800-772-5555 | Contact Us

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