How to Dispute Fault for a Georgia Car Accident
Posted on Thursday, May 25th, 2023 at 12:00 pm
Car accidents involve more than just twisted metal and shattered glass; they have the power to disrupt lives and leave lasting effects. The aftermath can be even more daunting when there’s a dispute over fault (who caused the crash). It’s frustrating when you believe you’re not at fault, yet you’re faced with pushback and blame from the other driver, the police, or an insurance company.
We understand your plight and your need for clarity, support, and guidance. This blog is your roadmap to understanding and disputing fault in a Georgia car accident. Here, our Georgia car accident attorneys will break down the legal process and provide crucial insights into standing your ground, protecting your rights, and helping you get the justice and compensation you deserve.
Why Does Fault Matter in a Georgia Car Accident?
In Georgia, as in most states, the law operates under the principle of fault regarding car accidents. This means that the person found at fault (or, in most cases, their insurance company) is responsible for the physical injuries, medical bills, and other losses the accident caused.
Why does this matter? For one, if you’re deemed at fault for the accident, your insurance company will likely have to pay for the other party’s losses (or “damages,” in legalese). This can potentially result in higher insurance premiums for you in the future.
Conversely, if the other party is found at fault, their insurance should cover your expenses related to the accident. This includes car repair or replacement costs, medical bills, and other damages you’ve suffered.
Do Police Reports Say Who Caused a Crash?
In the aftermath of a car accident, a police officer typically arrives at the scene to document the incident and create an official accident report. This report is a crucial piece of evidence, as it provides a third-party perspective on the events of the accident.
However, a common misconception is that this report always identifies who’s at fault for the accident. While the police report often provides valuable information and can suggest who might be at fault, it doesn’t always provide a definitive answer to this question.
The accident report will typically include information such as the date, time, and location of the crash, descriptions of the vehicles involved, apparent injuries, and damage to vehicles or property. It may also include a diagram of the accident scene, statements from drivers, passengers, and witnesses, and any observed traffic violations or indications of negligent behavior.
Sometimes, the officer may include their opinion on who was at fault, but this is not always true. Even when they do, their conclusion is not the final word. Remember, the police accident report is a critical piece of the puzzle, but it’s not the only one. If you believe the report inaccurately places you at fault, it’s possible to challenge it.
Evidence to Dispute Fault for a Car Accident
When it comes to disputing fault in a car accident, evidence is key. The stronger your evidence, the better your chances of successfully disputing fault. Below are several types of evidence that can be crucial in your quest for justice.
- Police Reports: As mentioned earlier, the police report is an essential piece of evidence. Even if it doesn’t definitively establish fault, it can provide crucial details that support your case.
- Photos and Videos: Visual evidence can be invaluable in a dispute. Photos of the accident scene, vehicle damage, road conditions, traffic signs, and injuries can all contribute to painting a clearer picture of what happened. If any surveillance cameras in the area captured the accident, their footage can also be very helpful.
- Witness Testimonies: Witnesses can offer an unbiased account of the accident. Their statements can provide further insights and corroborate your version of the events.
- Medical Reports: These highlight the severity of your injuries, their cause, and their impact on your life. They can help link your injuries directly to the accident.
- Accident Reconstruction Expert: In some cases, you might consider hiring an accident reconstruction expert. They can analyze the accident details and provide a professional opinion on how the accident occurred and who is likely at fault.
- Your Own Statement: Don’t forget, your own detailed account of the accident is also a crucial piece of evidence. Record your statement as soon as possible after the accident when the details are still fresh in your mind.
How Our Car Accident Lawyers Can Help
Having a car accident attorney by your side is priceless when you’re disputing fault for a crash. They can help gather crucial evidence, negotiate with insurance companies, and, if necessary, represent you in court. With a dedicated legal professional from Jonathan R. Brockman, P.C. handling your dispute, you can focus on your recovery and peace of mind, confident that your case is in capable hands.