Hawk Law Group | February 27, 2023 | Car Accidents
If you’ve been injured in a car accident, you may be wondering if you can recover compensation for your losses even if you were partially at fault. In the State of Georgia, the answer will depend on how much fault you had in causing the crash.
What Is Modified Comparative Negligence?
Georgia follows a modified comparative negligence system when it comes to car accidents. Under this law, if one party is deemed 50% or more responsible for an accident, they cannot recover any damages from the defendant. However, if their responsibility does not exceed 49%, they could still receive partial compensation for their losses.
This means that if you are at fault for an accident in Georgia, you may still be able to recover damages.
For example, if you are awarded $100,000 in damages but found to be 45% at fault for an accident, you could still receive $55,000. If it’s determined that you are 50% at fault, you won’t be able to recover anything. The exact amount of compensation you can recover depends upon your individual circumstances and should be discussed with an experienced car accident lawyer.
Understanding Evidence Used To Prove Fault in a Car Accident
After being involved in a car accident, it can be stressful and overwhelming trying to figure out who is at fault. If you believe you were at least partially at fault for the accident, it’s important to understand what type of evidence will be used to prove this. The following are some of the most common types of evidence used in car accident cases:
In most cases, it is required by law to notify the police after an accident, who will arrive at the scene and create a report. The police report from a car accident can provide insight into who was responsible for an accident. When officers arrive at the scene, they document every detail – from pictures to diagrams to statements from both parties involved – to form a comprehensive report. This report can be used to prove fault and can often be key in determining who is liable for the damages caused by an accident.
Essentially, this document is critical because it provides an unbiased account of what happened.
Eyewitness testimony is another key piece of evidence used to determine who was at fault after a car accident. Eyewitnesses have firsthand knowledge of what occurred during the accident and can provide valuable information about who caused the crash or if there were any other factors that played into it.
In addition to eyewitness testimony, victims may also be able to use video footage from nearby buildings or businesses as additional evidence, which can provide further insight into how the crash unfolded.
In some cases, an accident reconstructionist may be called upon to analyze the scene and determine who was at fault for the crash. These professionals have extensive knowledge on traffic laws and vehicle dynamics; they are trained to investigate collisions using advanced technology, such as 3D laser scanning systems or computer simulations.
They will then use this data to determine details about the accident, like the speed of the vehicles prior to the impact and if either driver was negligent or distracted while driving. This type of evidence can be extremely helpful in proving fault after an auto collision.
Medical Expert Testimony
Medical expert testimony can be a powerful tool in determining the fault of an auto accident. Qualified medical professionals will review every aspect of your case, including medical documents, witness testimony and physical evidence from the scene of the crash.
This knowledge can then be used to argue liability in court, making it possible to get the compensation you deserve for injuries and losses suffered, even if you were partially at fault for the accident.
Schedule a Free Consultation With an Experienced Car Accident Attorney
If you were injured in a car accident and believe you were somewhat responsible, don’t assume you can’t be compensated for your losses; it’s important to speak with an attorney as soon as possible. Contact us to schedule a free consultation.
Contact the Car Accident Lawyers In the Central Savannah River Area at Hawk Law Group for Legal Assistance Today
For more information, please contact the car accident lawyers at Hawk Law Group at our nearest location to schedule a free consultation today.
We serve throughout the Central Savannah River Area and its surrounding areas:
We also serve in Edgefield County, SC.