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Proving Fault in a Car Accident

Published in Car Accidents on December 10, 2018.

Car accidents in Macon, Georgia and everywhere are unfortunate, but they are also inevitable. There are a number of reasons why they occur, but if you know the other driver is the one at fault, it’s important to know how to proceed with a personal injury case. The key to getting the compensation you deserve for your medical expenses and other damages is proving fault for the accident. There are several ways you can prove fault in a car accident.

Police Reports

A police report is absolutely essential in proving who is at fault for a car accident. The report would include the details of what transpired, whether any injuries were sustained and property damaged, as well as whether there were witnesses to the accident. The police report can also contain vital information about the weather conditions and whether someone violated any traffic laws. Even better, if the police officer who arrived at the scene and took the report issued a ticket to the other driver, it can help strengthen your case.

Traffic Laws

You can also establish that the other driver was at fault by relying on the state traffic laws. You can obtain a booklet of the Rules of the Road at your local department of motor vehicles office. However, it’s also available simply as the Vehicle Code and is found at public and law libraries. When proving that the other driver was at fault, refer to any information that is relevant to the accident.

No Doubt Liability

Certain types of road accidents can prove that the other driver was at fault. If you are trying to receive compensation through that person’s auto insurance company, proving these details can ensure that you will receive your settlement as they are rarely disputed:

  • Rear-end accidents: Generally, when another car hits yours from behind, it’s usually that driver’s fault no matter why you stopped. All vehicles are required to give enough room to be able to stop in the event that the car in front of them suddenly halts. Of course, the damage to the vehicle hit from behind can also serve as proof that the other driver was at fault. Likewise, if their vehicle also sustained damage, it would be to the front of the car, which would prove who hit whom. There may be a situation of both drivers being partially at fault, which would result in the plaintiff receiving compensation minus the percentage of fault they are found to share as Georgia is a comparative negligence state. For example, if another vehicle struck you from behind when you suddenly stopped for no apparent reason, you might be found 10 percent at fault for the accident by the court. If you were seeking $10,000 in damages, that amount would be reduced to $9,000.
  • Left turn accidents: A left turn accident is one in which the driver making the left turn can be found responsible when traffic going in the opposite direction is traveling straight. In general, the vehicles going straight have the right of way over left turn drivers. The only exceptions are when the driver traveling straight ahead abruptly stopped or slowed down, ran a red light or was speeding well over the speed limit.

If you were in a car accident in Macon, Georgia and want to start a personal injury lawsuit, contact Nelson & Smith at your earliest convenience. You will be connected with an experienced Macon Car Accident Lawyer at Nelson & Smith with whom you can discuss your case. We have helped hundreds of clients prove fault following their car accident in Macon.

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