Unlike a handful of no-fault insurance states like Florida and New Jersey, where drivers may only file claims against their own auto insurance regardless of fault, in Georgia, it matters who causes an accident. Georgia is one of many states that uses a modified comparative negligence insurance system for car accident and injury claims. Under this system, injured motorists may only recover compensation for their damages by filing claims against an at-fault driver. In some cases, both drivers may have contributed to the accident, but only drivers who were less than 51% at fault can recover compensation from the other driver.
Before making a car accident claim for damages like medical expenses, lost earnings, and compensation for pain and suffering, an accident survivor must prove the other driver’s negligence through documented evidence.
After a car accident, the insurance companies of involved drivers investigate the accident to determine its cause and each driver’s portion of fault. The insurance adjusters assigned to the case prioritize their company’s profits and investigate with the goal of minimizing their policyholder’s legal liability. When a car accident victim hires an experienced Atlanta car accident lawyer, their attorney investigates to compile clear evidence of the other driver’s liability or that another entity caused or contributed to the accident, such as a negligent road maintenance agency or the manufacturer of a defective auto part. Common evidence to prove negligence in a Georgia car accident claim includes:
In a car accident claim, the injury victim becomes the plaintiff and the at-fault driver is the defendant. The plaintiff has a duty to prove the defendant’s liability through a preponderance of the evidence.
Personal injury attorneys in Atlanta explain that liability for car accidents and personal injury damages centers around the premise that we all have a responsibility to take care not to cause harm to others, including other motorists sharing the roadway. Proving liability for damages requires documenting compelling evidence demonstrating the following:
Evidence to prove negligence meets the first portion of liability, while evidence such as medical bills and proof of lost earnings proves that the injury victim suffered economic damages as well as physical harm from the accident.
It’s difficult to keep a clear head and take purposeful actions if you or a loved one is seriously injured in a car accident. But Georgia car accident victims can take action to protect themselves beginning at the scene of the accident if they can use their cell phone without causing further injury. First, call 911 to report the accident and apply reasonable first aid and comfort to injury victims if you are physically able. Then, use the phone’s camera to photograph the damaged vehicles and the accident scene. Add the contact information of the other driver(s) and any eyewitnesses to the accident.
Always go directly to the hospital or seek an evaluation at an urgent care center as soon as possible after the accident. This helps prove that your injuries occurred in the accident. Then, reach out to an experienced Georgia car accident attorney to help you get the most out of your compensation claim.
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