Skip to Content

Negligence & Fault in Car Accidents

Negligence & Fault in Car Accidents

Amber is heaven sent!! Amber and her team worked very hard on my case!! They checked on me while I had my weekly doctor visits. They were very detailed with my settlement. I didn’t have to second guess anything. I would recommend her to anybody who is in a car accident !! I’ve even referred my love ones who also needed her to represent them in an accident. She made my process as painless as possible. I wish I could give her 10 stars!!

Jeannette A., Client

I was referred to Amber by my daughter-in-law. I was involved in two rear end collisions in a three month period. She did an excellent job keeping me informed and explained everything to me, in a manner that I could understand. She followed through with me until I had my settlements.

Shirley H., Client

Amber Gilormo is a knowledgeable and hard working attorney. I would not hesitate to seek her counsel.

Kristen Pitts, Peer

The staff is awesome; thorough! They kept me informed!

Sanchez T., Client

Great Experience Wonderful Amazingly Service! I would definitely recommend to anyone who’s in need of attorneys 😎 They’re right ppl to go to for sure indeed!!

Client Review

I have had attorneys in the past that does not compare to Attorney Amber Gilormo. She handle all of my concerns and answered all of my questions in a timely manner, I never had to guess what was happening with my case I was always informed and kept to to date.

Client Review

Don’t answer the phone for attorneys who have bought your phone# after an accident — call Attorney Gilormo because you will not be disappointed.

Carla Robinson

No fees until we win


Our Atlanta Auto Accident Lawyer
Helps Prove Fault and Negligence in Car Accidents

Car accident cases are among the most common types of cases that personal injury lawyers handle.

However, the fact that they are common doesn’t make them simple, even if it’s obvious to you that the other driver should be held responsible for your injuries. These cases involve several complex legal and factual issues revolving around fault and negligence. If you’ve been injured in a car accident and think the other driver should be held responsible, the best thing you can do is contact an Atlanta auto accident lawyer as soon as possible.

About Negligence in Georgia Car Accident Cases

For most car accident cases, proving that the other driver breached their legal duty to you means proving that they were negligent. Negligence is generally defined as anytime someone fails to take reasonable care to prevent an accident. This sounds straightforward, but it can often be difficult to distinguish carelessness from typical behavior that wouldn’t be deemed unreasonable. It can be even more difficult in the context of a car accident with vehicles moving at high speeds and in different directions. Our Atlanta auto accident lawyer team has outlined common examples of negligence in car accident cases:

  • Driving while texting
  • Speeding
  • Driving while under the influence of alcohol or drugs
  • Running red lights or stop signs
  • Failing to yield
  • Following too closely or rear-ends
  • Driving while drowsy
  • Tailgating
  • Unsafe lane changes
  • Driving too fast for road or weather conditions

Of course, this is not an exhaustive list. An experienced Atlanta auto accident lawyer can evaluate your case and identify whether negligence was involved in your accident.

You May Be Entitled to Compensation When You Work with an Atlanta Auto Accident Lawyer

You are entitled to be made whole under the law. If you can prove that the other driver was negligent and that their negligence caused your injuries, you may be entitled to compensation for your losses. These losses can include the following:

  • Your medical bills
  • Any lost income
  • Your pain and suffering
  • Any other losses directly caused by your accident

In order to prevail, you will need to carefully document every aspect of your claim. This means keeping copies of all bills, invoices, pay stubs, tax documents, and any other documents that demonstrate your losses. You should make sure to keep these documents organized and easily accessible. After an accident, staying organized can seem overwhelming when you’re trying to recover, but an Atlanta auto accident lawyer at Gilormo Injury Law can help by gathering all of the documents you will need to establish your case.

Fault and Comparative Negligence in Georgia

It’s not uncommon for the other driver to blame you for the accident. If this happens to you, don’t panic – even if you are partially at fault, you may still be able to recover compensation. Also, don’t assume you know if you were at fault or not until you speak with an Atlanta auto accident lawyer.

Prior law would prohibit anyone from seeking compensation if their own negligent behavior contributed in any way to the accident. Even if your negligence was minor compared to the other driver, you would be barred from receiving compensation.

Georgia follows what is referred to as the “modified comparative fault” rule when it comes to awarding compensation. Under Georgia law, your compensation is reduced by whatever amount your negligence contributed to the accident up to 49%. If you were 50% or more responsible for the accident, you cannot recover anything.

It may be helpful to use an example to illustrate how the rule works. Let’s assume that you were injured in an accident with one other driver. You were speeding at the time of the accident, but the other driver was very intoxicated and ran a red light. You pursue a claim for $500,000 in damages, and you prevail. However, it is determined that your own negligence contributed 10% to the accident. Therefore, your compensation is reduced by 10% or $50,000, and you are awarded $450,000 in damages.

How an Experienced Atlanta Auto Accident Lawyer Can Help After a Car Accident

An experienced auto accident lawyer deals with these challenges every day. As a result, they will know how to build the strongest case possible that not only proves your damages but also overcomes any arguments that your negligence should bar you from recovering anything. The car accident lawyers at Gilormo Injury Law will identify the pertinent facts that can help you win your case, and will know how the law will apply. They can help you navigate the claims process as quickly as possible. And if your case is unable to settle, they can provide you with aggressive legal representation and fight for your rights.

Determining Fault in An Atlanta Car Accident

In order to win in a claim for damages after a car accident in Georgia, you have to prove the following three elements:

  • The other driver owed you a legal duty to drive in a safe and reasonable manner.
  • The other driver breached that legal duty.
  • You were injured as a result of the breach.

In most car accident cases, proving the first element is fairly simple. Every driver has a legal duty to other drivers to drive safely and obey the traffic laws. The critical element in most cases is proving that the other driver breached their legal duty to you. After an accident consult with an Atlanta auto accident lawyer to learn about the full range of your legal options.

Related Case Results


Motorcycle Accident

Leg fracture sustained in motorcycle collision Fort Stewart, GA - 2020


Car Accident

Policy limits for internal organ damage with surgical intervention after low-impact collision Atlanta, GA - 2019


Car Accident

Policy limits for internal organ damage with surgical intervention after low-impact collision Atlanta, GA - 2019

Injured in a Car Accident? Contact Gilormo Injury Law Today

Atlanta auto accident lawyer Amber Gilormo has dedicated her career to helping people who have been injured in car accidents in Atlanta and throughout the state of Georgia. She knows the law, but more importantly, she knows how to get results.  We serve clients in all of Greater Atlanta, including Roswell, Canton, and Cumming.

Let us help you get the compensation you deserve – Contact us at 770-343-7101 to schedule a free consultation.

Related News

4 Apr / 2021

Rely on an Atlanta Truck Accident Attorney for Your Truck Accident Case

Truck accidents are serious in nature due to the size of trucks and trailers involved in these types of accidents. Damage to property and long-lasting injuries can be severe or even result in death. In these instances, it is important to get all the support you can as you deal […]


4 Apr / 2021

Keeping Your Child Safe from Daycare Negligence

Parents understand how quickly children grow and change. Part of growing and changing is advancing in school and changing school, daycare, and activity arrangements for your child. When it is time to look for a new daycare program, parents evaluate various criteria in making their choice: location, program offerings, cost, […]


3 Mar / 2021

Why Working With an Atlanta Personal Injury Lawyer After an Accident Is a Good Idea

Our daily lives are full of risk, yet we do not let this hold us back from engaging with the world around us. Sometimes we can avoid having unfavorable outcomes from incidents, but this is not always the case. If you end up injured, whether through any type of accident […]



Amber is heaven sent!! Amber and her team worked very hard on my case!! They…

Jeannette A., Client

Free Consultation

No Fees Until We Win