Georgia State Law: Proving Fault in an Auto Accident Case

Georgia State Law: Proving Fault in an Auto Accident Case
June 28 14:41 2019 Print This Article

With more than 5 million drivers traveling across different roads in the country, Georgia is among the leading states with a high number of licensed drivers. Each of these drivers is required to carry auto insurance coverage to protect themselves and third-parties after a vehicle accident. Some of these accidents are fender benders, while others have a devastating impact on the victim’s future. 

Georgia State law lets the victims of vehicle accidents seek compensation for the damages they suffered due to an auto crash. However, pursuing a personal injury claim successfully isn’t easy. It necessitates the services of an experienced Conyers car accident lawyer to help gather the right pieces of evidence and build a strong case. 

One thing you should do to strategize your claim is to learn the legal proving you must make to establish fault for the crash. Also referred to as a liability, a fault is a concept that rests entirely on the facts and how the judge or jury interprets those facts. When it comes to auto accidents, you (the victim of an accident), must provide unquestionable evidence that the other driver was responsible for the crash due to his or her negligent behavior. Besides, the negligent behavior must have been the direct cause of the accident, an event that resulted in your injuries and other related damages. 

These elements form the foundation for all personal injury lawsuits. 

Negligence 

In the legal context, the concept of negligence revolves around any act that a reasonable entity exercising ordinary care would have successfully avoided, addressed, or foreseen. Here are some of the acts that could prove that a driver was negligent. 

  • Making aggressive maneuvers 
  • Failure to yield
  • Speeding
  • Running red lights and stop signs
  • Being engaged on phone or other distractions while driving
  • Driving under the influence of alcohol and other drugs

Providing sufficient proof that the other driver acted negligently is the initial step in your personal injury claim. 

Establish that the other driver’s negligence directly caused the accident 

A reckless act in isolation might not cause injury or property damage. Therefore, if you are seeking damages associated with an auto accident, you must prove that the defendant’s negligent choices and actions directly caused the car crash. Remember, the defense side can allege that even if the accused did act negligently, their choices didn’t cause the accident. 

Connect the crash to injury expenses and other related damages

The final piece of the ‘proving fault puzzle’ is to prove beyond a reasonable doubt that the defendant’s recklessness was directly responsible for the property damage or the injuries you sustained during the accident. This step requires you to connect the right dots and proving resolutely that the auto crash directly resulted in your injuries and the accused was directly responsible for that vehicle accident. 

Thus, you must document all the costs connected to your injuries and property damage. The entire process of proving fault in a vehicle accident case is complicated, a reason you should hire an attorney experienced in this field. 

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