Most states allow accident victims to file for compensation if they suffer injuries or property damage. The compensation helps offset expenses stemming from the accident, but something needs to happen before you can file a claim.
Liability must be determined and this can impact your claim’s value. Determining liability in a GA DUI accident isn’t always easy. Sometimes more than one driver may be responsible for the accident. So, how does the state figure out who’s at fault for your car accident and what impact can it have on your personal injury claim?
How Fault is Determined in Georgia Car Accidents
Sometimes, determining who’s responsible for the accident is pretty easy. You have a green light but the other driver blows through their red light striking your vehicle. In this scenario, the liable driver is relatively obvious. The driver who failed to stop at the red light is the at-fault party.
Other accidents are a little more complex, even when only two vehicles are involved. One driver may be guilty of running a red light but you also violated traffic laws by making an illegal turn. So, who’s liable for the car accident? You and the other driver will probably share the blame.
Who determines fault in Georgia vehicle collisions is limited to a few experienced personnel. This means you can’t assign yourself or the other driver blame for the accident. You must wait for the official decision.
Blame can be determined by the authorities; most police departments employ accident scene investigators. The insurance adjuster can also investigate the accident scene to determine who’s the at-fault driver.
Georgia is a Comparative Negligence State
Several states follow comparative negligence rules and Georgia is one of them. The Peach State follows modified comparative negligence guidelines which allows more than one driver to be responsible for an accident.
How does this impact your ability to file a personal injury claim?
Your compensation amount is reduced by your percentage of fault.
So, if your settlement check is for $150,000 and you’re assigned 50% of the blame, you’ll receive $75,000 in compensation from the other driver’s insurance provider. As long as you’re not assigned more than 50% of the blame, you can still file a personal injury claim.
What happens if you’re assigned over 50% of the fault? You have a couple of options. You can turn to your auto insurance policy. If you have full coverage things like your medical expenses and property damage should be covered up to your policy’s limits. If you’re only carrying the state’s minimum liability insurance, you may be stuck paying for your accident-related expenses out of your pocket.
Can You Appeal Your Percentage of Fault
Simply because an insurance adjuster or accident scene investigator decides to assign you a percentage of the blame, doesn’t necessarily mean you’re stuck with their findings. You have another option other than relying on your insurance provider.
You and your accident attorney can file an appeal in civil court. You can choose to have either a judge or jury review the accident details, along with your submitted evidence. In a sense, you’re going to trial to try and reduce your percentage of blame.
The judge or jury can do one of the things; they can keep your percentage of fault the same, reduce it, or even increase it. Thankfully, increasing an accident victim’s percentage of fault is rare. However, there’s also no guarantee the court will rule in your favor—this is one of those legal options that has plenty of potential advantages and possible downsides.
Tips On Supporting Your Accident Claim
Proving liability is the cornerstone of a car accident claim. You must prove the other driver is liable for your damages. As we noted earlier, some accidents are fairly cut-and-dry.
A driver running a red light is a great example.
However, when the accident scene is more complex you often need to supply supporting evidence. This can not only help ensure you’re not assigned a higher percentage of fault, but it also supports your claim.
Get a Copy of the Accident Report
Hopefully, you immediately reported the vehicle accident. Georgia law does allow you to wait up to ten days to report some types of car accidents. However, if there are any injuries or a fatality occurs, the accident must be reported. This also applies if property damage exceeds $500.
All involved drivers must also remain at the scene. Leaving the accident scene before being released by authorities can result in a hit-and-run charge. The penalties can be stiff and it can also make it harder to file a compensation claim.
You can usually pick up a copy of your accident report within about seven business days. Why is your accident report crucial for proving liability? The report contains a ton of information, including specifics on the accident.
Video Camera Footage
Have you ever stopped and looked around for surveillance cameras? If so, you’ve probably noticed they’re everywhere. Residences, businesses, and local governments all have cameras in place.
The footage from these cameras can go a long way towards establishing liability in car accidents. Getting copies of the footage isn’t always easy, not everyone is willing to share their video. However, your accident attorney can file subpoenas to review the footage, which also applies to traffic cameras.
Most local entities aren’t going to hand the footage over without a subpoena. No, they’re not being difficult, but only ensuring they’re following all privacy laws.
Eyewitness Testimony
Unless your accident occurs in the middle of the night on a rural road, there’s a good chance there’s at least one eyewitness to your vehicle accident. Don’t ignore any potential witnesses, you may need their testimony to show liability.
Get contact information from any witnesses, but don’t get into specifics about the accident. The insurance adjuster is also going to interview the same witnesses and you don’t want any statements you make to be used against you.
Ensuring You’re Not Assigned Liability For Your Car Accident
Car accidents are frightening, and the process of recovering compensation can be frustrating and overwhelming. Determining liability is often complicated and can quickly become a nightmare if not handled properly.
To help ensure you're not unfairly assigned more than your share of the blame, it's a smart move to work with an experienced accident attorney. They have the expertise you need that can guide you through the process, protect your rights, and increase your chances of receiving fair compensation.
ABOUT THE AUTHOR
Aleksandra Djurdjevic
Senior Content Creator
Aleksandra Djurdjevic is a senior writer and editor, covering motorcycle adventures, biker tips and tricks and general exploring on two wheels. She has previously worked as ESL teacher for English Tochka. Aleksandra graduated from the Comparative Literature department at the Faculty of Philosophy in Serbia. Aleksandra’s love for the biking and adventure, getting out on the open road, year after year across the planet helps her continue to be a top expert at RMJ.
