Proving fault in a car accident in Georgia involves many different factors. If you’re in an accident and need to establish who’s at fault, it’s important to understand the steps to support your claim.
Gather evidence from the scene
Right after the accident, make sure to collect as much evidence as possible. Take clear photos of the vehicles, damages, and the scene, including any skid marks or debris. If there are traffic signs, signals, or road conditions that might have contributed, capture those as well. Also, get contact information from any witnesses. Their statements can be invaluable when determining fault.
Get a police report
In Georgia, police are often called to the scene of an accident, especially if there are injuries or significant damage. A police officer will prepare a report that includes statements from the drivers and witnesses, as well as the officer’s observations. While the police report itself doesn’t determine fault, it can strongly influence the outcome by documenting important details.
Review Georgia traffic laws
Georgia has strict traffic laws that play a major role in determining fault in an accident. For instance, under O.C.G.A. § 40-6-20, drivers must obey traffic signals, and failing to do so could make them at fault in a crash. If a driver violates these laws—such as running a red light or failing to yield—they will likely be held responsible for the accident. Understanding these laws is key to proving who caused the crash.
Use expert testimony if needed
In cases where the evidence is unclear or if there’s a dispute, experts like accident reconstructionists can be helpful. These experts examine the scene and physical evidence to recreate the crash, which can clarify how it happened and who should be held responsible. In Georgia, expert testimony is often used in court when physical evidence alone is insufficient.
By knowing what steps to follow, you increase your chances of proving fault in a car accident. It’s crucial to act quickly after the accident to preserve evidence and ensure you have a strong case.