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How Fault Is Determined in Georgia Car Accident Cases

Car accidents happen every day across Georgia, including right here in Augusta. When a crash occurs, one of the most important questions is: Who was at fault? Fault determines who pays for damages, medical bills, lost wages, and other losses. Understanding how fault is determined can help protect your rights and highlight why working with an experienced Augusta car accident lawyer is so important.

Georgia Is an “At-Fault” State

Georgia follows an at-fault system for car accidents. This means the driver who caused the accident is financially responsible for the damages. Injured victims typically pursue compensation by filing:

• A claim with the at-fault driver’s insurance company
• A claim with their own insurer (in certain situations)
• A personal injury lawsuit if insurance negotiations fail

Proving fault is the foundation of any successful claim, and insurance companies will closely scrutinize the evidence before paying compensation.

The Role of Negligence in Georgia Car Accident Cases

Fault in Georgia car accident cases is based on negligence. To prove negligence, four elements must be established:

1. Duty of Care – Drivers must operate their vehicles safely and follow traffic laws.
2. Breach of Duty – The driver failed to act responsibly (speeding, texting, running a red light, etc.).
3. Causation – The breach directly caused the accident.
4. Damages – The accident resulted in injuries or financial losses.

An experienced Augusta car accident lawyer gathers and presents evidence to clearly demonstrate each of these elements.

Common Evidence Used to Determine Fault

Several types of evidence are used to determine who caused a car accident in Georgia, including:

Police Reports

After an accident, law enforcement officers document the scene, interview drivers and witnesses, and may issue citations. While police reports are not always conclusive, they often play a key role in fault determinations.

Witness Statements

Independent witnesses can provide objective accounts of how the accident occurred. Their statements can support or contradict the claims made by drivers.

Traffic Laws and Citations

If one driver violated a traffic law, that violation may strongly support a finding of fault. Examples of this include failing to yield or driving under the influence.

Photos and Video Evidence

Photos of vehicle damage, skid marks, road conditions, and traffic signals can help reconstruct the accident. Dashcam or surveillance footage can be especially persuasive.

Accident Reconstruction

In complex cases, experts may analyze vehicle damage, speeds, and angles of impact to determine how the crash occurred.

Georgia’s Modified Comparative Negligence Rule

Georgia follows a modified comparative negligence system. Under this rule:

• You can recover compensation only if you are less than 50% at fault
• Your compensation is reduced by your percentage of fault

For example, if you are awarded $100,000 but found 20% at fault, you would receive $80,000. If you are found 50% or more at fault, you recover nothing.

Insurance companies often try to shift blame to injured drivers to reduce payouts. An Augusta car accident lawyer can challenge unfair fault assessments and protect your right to compensation.

How Insurance Companies Determine Fault

Insurance adjusters conduct their own investigations, which may include reviewing police reports, vehicle damage, medical records, and recorded statements. However, their goal is to minimize what they pay, not necessarily to be fair.

Statements made without legal guidance can be used against you. That’s why consulting an Augusta car accident lawyer early in the process can make a significant difference.

Why Legal Representation Matters

Determining fault is rarely straightforward, especially in multi-vehicle crashes or accidents involving disputed facts. A knowledgeable Augusta car accident lawyer can:

• Investigate the accident thoroughly
• Preserve critical evidence
• Communicate with insurance companies on your behalf
• Push back against unfair blame
• Maximize the compensation you deserve

Having strong legal representation ensures your case is built on facts, not insurance company assumptions.

Contact an Augusta Car Accident Lawyer Today

If you’ve been injured in a car accident, understanding how fault is determined is crucial—but you don’t have to navigate the process alone. The legal team at Nicholson Revell Personal Injury Attorneys has the experience and dedication to protect your rights and pursue fair compensation.

Contact us today to discuss your case and learn how fault determination may impact your claim. Early action can make all the difference in securing the outcome you deserve.