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13 Jan / 2021

Whose Fault is It? Determining Fault In Georgia

Car Accidents

Whenever there is an accident, people are quick to look for who is at fault. It is part of human nature to seek an explanation and even assign blame. Understanding how fault is determined in Georgia will help you better understand your case as you proceed with your accident and personal injury claims. Since determining fault in Georgia can quickly become a complicated part of your case, it is crucial to seek guidance from an Atlanta personal injury lawyer. You should reach out to Gilormo Injury Law to discuss your potential case and better understand the intricacies of your claim and the law that governs your situation.

Your Atlanta Car Accident Lawyer Can Help You Assess Fault 

Ultimately, it is not solely up to you or your Atlanta car accident lawyer to determine fault in your accident. Still, your lawyer will need to assess fault while evaluating your claim. Insurance companies will also weigh-in on the fault determination. This is part of your claim assessment.

Factors involved in determining fault for an accident or injury in Georgia include a look at whether:

  • Laws were broken during the incident 
  • Someone was behaving in a reckless manner
  • Someone breached a duty of care that contributed to or caused the injury 

In addition to evaluating a party’s fault, you need to remember that it matters how much fault is assessed to a particular party in Georgia. If a party is more than 50% at fault and experiences an injury from an accident, they will not be able to recover in a Georgia personal injury lawsuit. Your Atlanta car accident lawyer will evaluate all parts of your claim, including looking at the amount of damages and the fault determination percentage. 

Multi-Party Fault Assessments

Another complex part of fault determination is when there are multiple parties involved in an incident. For example, in a car accident involving multiple cars, one driver could be assessed fault for texting while driving, a second driver may be assessed fault for excessive speeding, and a third driver might be assessed fault for driving under the influence, with a fourth driver being the innocent victim. Figuring out who is at fault and to what degree becomes a tangled issue and requires thorough analysis. What is important to remember in your case is that to recover, you need to be less than 50% at fault. If your case goes to trial, it will be up to your Atlanta car accident attorney to prove the amount of damages you sustained as well as demonstrate to the court why the fault determination allows you to recover from the other involved parties.

Speak to an Atlanta Personal Injury Lawyer Right Away

Regardless of the cause of your injury, you should contact an Atlanta personal injury lawyer to discuss your case. The compassionate team at Gilormo Injury Law is ready to help you with your case. Call us at 770-343-7101 or complete our online form today.  We have an office in Alpharetta and Cumming for your convenience. 

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