How Do Car Accident Lawyers Prove Fault?
Crashes happen in an instant, but the consequences can last for the rest of your life. Although nothing can erase the accident, a car accident attorney can help you recover financial compensation for your economic losses and a sense of justice and financial accountability for non-economic damages like pain and suffering. Understanding how a skilled car accident lawyer in Atlanta can benefit your case is a critical aspect of a successful claim.
Why Do You Have to Prove Fault After a Car Accident?
Like the majority of states, Georgia has a fault-based accident system requiring car accident victims seeking compensation to file claims against the driver or other entity—like a negligent road maintenance contractor or a city road planning agency—at fault for the accident. To recover compensation for your accident-related losses requires providing evidence of the at-fault party’s liability to their insurance company. The evidence must demonstrate the following standards of liability:
- The at-fault party owed a duty of reasonable care to the injury victim
- They breached this duty of care through negligence (careless, reckless, or wrongful action)
- The breach of duty caused the accident and injuries
- The injury victim suffered damages from the injury
Common damages include past and future medical expenses, lost earnings, and compensation for pain and suffering.
Gathering Evidence of Fault and Liability After a Car Accident
When a car accident lawyer gathers evidence to prove fault after a car accident, they examine the police report, photos, and any video evidence captured on traffic cameras or nearby security cameras. They may also interview eyewitnesses and consult with traffic accident reconstruction specialists to break down the cause of the accident by pinpointing the negligence that occurred.
They compile their findings to show the at-fault party’s liability and send it in a demand package to the insurance company along with a carefully calculated list of the injury victim’s damages to maximize the amount of compensation they recover in their claim. Then, the car accident lawyer negotiates from a position of evidence-backed strength to acquire the largest possible settlement for their client.
What If the Insurance Company says I’m at Fault or Partly at Fault for a Car Accident?
Under the modified comparative negligence law, the involved insurance companies investigate the accident and assign a percentage of fault to all involved entities. They often protect their profits by assigning a percentage of fault to an injury victim. Under the comparative negligence system, they can reduce the payout on the claim by the injury victim’s percentage of fault.
For example, if the insurance company finds an injury victim to be 25% at fault for an accident, they can reduce a claim valued at $100,000 to $75,000. The insurer may even shift liability to the injury victim by assigning them more than 51% of fault, so they cannot recover compensation and may be held liable for injuries to the other party. For this reason, having a trusted Atlanta injury attorney on your side to protect your best interests by gathering compelling evidence of the other driver’s liability can be crucial to recovering the full compensation you deserve.
How Can a Car Accident Attorney Help Me?
Instead of leaving your car accident claim in the hands of an insurance company that’s not on your side, call the top-rated car accident lawyers at Piasta Walker Hagenbush, LLC for experienced legal representation in your car accident claim.