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How can I prove liability following a car accident in Georgia?

 

Though the events of your car accident may be traumatizing, you do need to find a way to move forward. Part of that process may include holding the responsible party accountable for the damages you suffered. So how do you prove that the other driver was at fault?

Experts agree that calling the police at the time of the incident is imperative. This creates an official record of what happened, such as the driver running a red light or rear-ending your vehicle at a stop sign. You should always ask for a copy of the report and point out any inconsistencies or mistakes.

You should also take care to do the following: 

  • Take pictures of the scene of the incident.
  • Get contact information for witnesses.
  • Take down the other driver’s insurance information.

You can also cite state laws when speaking to an insurance company. For example, Georgia has banned all drivers from texting behind the wheel. If the police report or witnesses ascertain that the other driver was texting, you can cite the law to support your argument that the driver was engaged in illegal activity at the time of the accident.

Keep in mind that Georgia uses a comparative negligence law, which means that any damages you are owed will be reduced by the percentage by which a judge or jury finds you responsible for the incident. For example, if you were not wearing your seatbelt when a driver ran a red light and hit you, a jury might rule that you are 20 percent responsible for your injuries. Therefore, your damages may be reduced by 20 percent.

If you still believe that an insurance company is shortchanging you on the money you are owed, you should consult with an attorney to ensure you receive the appropriate compensation for your damages. While this information may be useful, it should not be taken as legal advice.

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