Determining Fault in an Automobile Accident
There are two types of negligence that United States courts use to determine fault in an automobile accident: comparative fault and contributory fault. Purely comparative legal systems reduce plaintiffs’ monetary compensation by the percentage of fault they share in an accident. Purely contributory systems prevent victims from collecting any money at all if they share even a small portion of the fault. Georgia uses a variant of the comparative fault system that allows victims compensation as long as they are less than 50 percent at fault for an accident.
How does a proportional comparative fault system work?
If Bob and Sally collide in an intersection with a four-way stop because they both ran their stop signs, they are each 50 percent responsible for the collision. Under Georgia’s comparative fault system, neither Bob nor Sally is eligible for compensation, regardless of the injuries suffered. If, however, Bob ran his stop sign and Sally came to at least a partial stop, Sally may be able to collect compensation, provided a witness can confirm the event.
Who determines fault?
Who determines fault depends on whether or not you settle outside of court. Insurance companies employ claims adjusters to determine the percentage of fault, but if you disagree with the adjuster’s conclusion, you file a lawsuit for damages. If its chances in court do not look good, however, the insurance company may try to settle instead.
When do I need a lawyer?
Litigation is not always necessary, but it is still a good idea to hire a lawyer when negotiating fault and considering potential settlements. Hartman-Imbriale’s experienced Woodstock and Canton car accident attorneys know what a given claim is worth, and can tell if you if an insurance company is offering too little.
How can I help my lawyer make a case?
Photographs of the accident, medical records, and statements from eyewitnesses are all valuable both in and out of court. You should make as much evidence as possible available right away, since an overwhelming amount of evidence in your support may prompt the insurance company to settle early.
What if the case goes to court?
If the case makes it to trial, this does not indicate that your claim is likely to fail. Especially when under the influence of economic stress, some insurance companies do anything possible to avoid paying for damages. Before a lawsuit actually enters a courtroom, it passes through the discovery stage, during which both parties exchange and submit statements and evidence. By the end of the discovery stage, both you and your automobile accident lawyer should have a clear idea of your claim’s viability.
Contact our experienced Marietta auto accident lawyers today
Hartman-Imbriale provides powerful legal aid to automobile accident victims throughout Georgia, including in Marietta, Canton and Cherokee County. We provide victims with passionate Woodstock attorneys who strive to help their clients receive the highest possible settlements. Contact our auto accident lawyers in Cherokee County online or call 888-867-6286 for assistance.