In a Georgia car accident case, the central question is who is at fault. Georgia is a “fault state,” which means that every driver must carry insurance, and each driver’s policy will pay for any accidents they cause. However, determining who caused the accident is not always easy.
This can be a difficult situation to navigate, but it’s important to remember that insurance companies are businesses, and their main priority is to make money. With that in mind, it’s important to be as clear and concise as possible when describing what happened and to have any relevant evidence to back up your claim.
Here are some things you should know about who should take fault in a car accident.
The Rules of Fault
There are four different ways that fault can be determined in a car accident.
- If someone breaks a traffic law and the other person didn’t, the lawbreaker is most likely at fault.
- If someone’s negligence led to an accident, that person is likely to be at fault.
- If a car’s brakes go out and this leads to an accident, the driver of that car is likely at fault.
- In a rear-end car accident, the driver of the car who rear-ends the car in front is usually at fault. The exception is if the driver in front was driving erratically, such as changing lanes suddenly, or if there was a multi-car pileup that the driver in the back couldn’t control.
There are many accidents that happen where it is not clear who is at fault. For example, if both drivers broke the law, then it is up to the judge to decide who is at fault.
Who Decides Who Is at Fault?
The insurance company will use the information from the accident to try to determine who is at fault. However, they may be biased and may try to make it seem like the other person is at fault. This is why it is important to have a car accident lawyer who can help you get a fair offer from the insurance company.
Is It Possible for Both Drivers to Be at Fault?
Yes, it is possible for both drivers to be at fault. For example, if both drivers were speeding, then both of them might be at fault for the accident. If one driver was speeding and the other driver ran a red light, then both of them might be at fault for the accident.
What If the Other Driver Is Uninsured?
If the other driver doesn’t have enough insurance to pay for your damages, then you might be able to get money from your own insurance company. This is called underinsured motorist coverage. This means that your insurance company will pay for your damages even if the other driver doesn’t have enough insurance.
How Does Comparative Fault Work?
You can recover damages in proportion to how much the other driver was at fault. This means that if you are in an accident, the insurance company will try to prove that you were at least partially at fault in order to avoid having to pay for damages. It is important to have a good lawyer if you are involved in an accident to help protect your interests.
If you are involved in a car accident, you should contact a lawyer to help you recover damages. If the other driver doesn’t have enough insurance, a lawyer can help you recover damages from your own insurance company.
Hanks, Ballard & Barth can help you in case of any roadside accidents. If you’re looking for a capable automobile accidents attorney in Madison, GA, we can provide legal counsel for your problems. Get in touch with us today to get started!