Proving Fault in a Kennesaw, Georgia Auto Accident
According to the Georgia Department of Transportation, there were 1,564 fatalities on Georgia’s roadways in 2016, more than the anticipated targeted number of 1,130 as noted on the Georgia Highway Safety website. With millions of drivers on the roads, it is important to be well-prepared in the event that you are involved in an automobile accident.
If you are involved in an accident, determining who is at fault is critical. If the other driver acted negligently or carelessly, he or she may be responsible for the damages. Insurance companies, however, are not always eager to make those payments. Therefore, finding a qualified personal injury attorney like those at Williams Elleby Howard & Easter in Kennesaw who can properly litigate your case is key to getting the most compensation available to you.
Fault vs. No Fault
A majority of states follow a fault-based insurance rule, which means that in the event of a car accident, blame must be assigned to someone. However, in states that follow a no-fault insurance rule, drivers are required to carry no-fault insurance. This means that injured person’s insurance company will cover the cost of the damage, regardless of who caused the accident. Georgia follows a fault-based rule, so the injured person must prove fault in the auto accident in order to recover medical costs and property damages. Drivers can seek compensation in three ways:
- through his or her own insurance company,
- through the other driver’s insurance company, or
- through a personal injury lawsuit.
Proving Fault
According to Georgia Code, an injured party must prove proportional comparative fault. This type of fault assigns a percentage of blame to each driver involved in the accident. If an accident involves more than one party, the proportional comparative fault rule will determine the percentage of fault each party owns. One party may be found fully responsible for the accident, or the drivers may share blame. For example, if one driver ran a stop sign and the other driver was speeding, each driver disobeyed a traffic law and may be found proportionally liable for the accident. In this case each driver may be responsible for his or her own injuries. Note that, based on this rule, if a driver is 50 percent or more at fault for the accident, then he or she cannot be compensated for damages. Only if the driver is found to be less than 50 percent at fault can he or she be entitled to monetary compensation.
Contact Us in Kennesaw, Georgia
If you have been injured in an automobile accident, do not quickly settle with the insurance company. Their goal is to pay you as little as possible and settle the claim as soon as they possibly can. Instead, you should consult with an experienced attorney who specializes in this area of law. Contact Kennesaw, Georgia personal injury lawyers Joel Williams or Chase Elleby at 833 – LEGALGA or stop by their office at 3900 Frey Rd, NW, Suite 104, Kennesaw, GA 30144 near Kennesaw State University for a free consultation.
