Can I File a Lawsuit Even if I Was at Fault in a Car Accident?

fault in a car accident concept

Car accidents happen quickly and unexpectedly, especially on overcrowded highways. When you are at fault in a car accident, you might feel anxious about what’s to come next. However, no matter how much blame you share for the collision, you may still be entitled to damages. You should hire an Atlanta, Georgia, car accident lawyer well-versed in this practice area to protect your rights.

When accidents happen due to fault, it’s not unusual to wonder who will cover the resulting expenses. Factors like state law, car insurance coverage, and collision fault degree determine compensation. A skilled lawyer can help you review the case and advise you on how to best proceed. 

But what if you were at fault in a car accident? Can you recover compensation? If yes, to what extent? This article discusses the implications of causing a collision and how to protect your rights. 

Steps to Take if You Caused a Car Accident in Atlanta, Georgia

It’s not always clear from the onset who the at-fault party is in some traffic collisions.  When a crash happens, disputes will arise concerning who is to blame. Even if you are at fault in a car accident, there are steps to take to protect your rights.

  • Stop and Check for Injuries

When a collision occurs, stop and move the vehicle from the roadway to a safe refuge. Then check to see if anyone is injured and the extent of property damages. In addition, call 911 for help.

  • Call the Police

Georgia law requires you to call the police if the accident resulted in the injury or death of a person. The same applies if the property damage exceeds $500. Therefore, you should never leave the accident scene before the authorities arrive. 

This is especially so if you believe you bear some fault in a car accident. Hit and run is a crime in Atlanta, Georgia. You could face criminal charges and strict fines if you flee the scene.

  • Exchange Information With the Other Driver

Even if the collision is minor, you should trade information with the other driver and other parties involved. Get the following information:

  • The other driver’s name, address, and contact information
  • The license plate numbers of the vehicles involved, and
  • The insurance policy of the other driver.

In addition, ensure to document the crash by taking photos of the scene. Visual evidence of the injuries sustained and vehicle damage will help in the investigation process and in proving your claim. Documenting evidence can be useful, especially if you believe the other party shared blame for the crash.

  • Don’t Admit Fault in a Car Accident

Before the responding officer arrives at the scene, keep all communication to the barest minimum. If you believe you were at fault in a car accident, you may be pressured to admit fault or apologize to the other party. Refrain from doing so, as an apology can be considered an admission of liability. Instead, wait patiently for the police or medical professionals to arrive. 

In addition, get an Atlanta, Georgia, car accident lawyer to investigate the incident. A complete investigation may reveal that both drivers or more are responsible for the crash.

  • Report to Your Insurance Company

Most insurance policies require you to inform them of any involvement in an auto collision. If your policy has this provision, contact your insurer within the stipulated time. 

Is Georgia a No-Fault or At-Fault State?

Georgia is an at-fault state. This means you are liable for the damages if anyone is injured in the crash. Furthermore, Georgia law allows a percentage of fault in a car accident to be assigned through the comparative fault doctrine.

This allows you to sue the other driver for damages if you were also partially at fault in a car accident. However, you forfeit your right to sue if you were totally at fault for the crash.

Atlanta Georgia car accident lawyer

Atlanta, Georgia Car Accident Lawyer Explains Georgia’s Modified Comparative Fault Rule

There are times when more than one party is at fault in a car accident. However, according to Georgia law, you are only responsible for the percentage of fault you hold in a crash. So you may be able to seek compensation for your damages, depending on your level of fault in a car accident. 

With this rule, you can sue the other party even if you were at fault. This is as long as your percentage of fault does not equal or exceed that of the other party. However, your recovery will be diminished by your percentage of fault in a car accident. For example, if you were 49% at fault in a car accident, you can recover compensation equal to 51% of the damages. 

But if you were 50% or more at fault in a car accident, you will be barred from recovering any damages. So get a lawyer to investigate the crash to determine your percentage of fault. Additionally, they will help you determine the extent of your damages and ensure your rights are protected throughout the process.

What Damages Are Covered if I Cause a Car Accident?

Damages are the resulting losses from an auto crash caused by a negligent party. In most cases, you don’t have to pay these damages out of your pocket. 

Thus, having an insurance policy can prove helpful when you are at fault in a car accident.  However, you will be personally liable if the costs surpass your insurance limit. 

The other party can sue you for more compensation than your policy covers. But your insurance company can create a settlement agreement instead of resorting to court. Typical damages include costs for:

  • Medical bills and other treatment
  • Lost wages
  • Vehicle damage
  • Pain and suffering
  • Diminished earning capacity, etc.

Do I Need a Lawyer if I Was Responsible for the Car Accident?

Deciding to hire a lawyer after a crash is entirely up to you. However, if you were at fault in a car accident, you need an Atlanta car accident lawyer by your side. In addition, you may be mistaken about your fault after all. 

A skilled lawyer will investigate the crash and establish who truly holds liability for the collision. Without a lawyer, the adverse party’s insurer can put total blame on you, making it difficult for you to recover damages. 

Book a Free Case Review With Our Atlanta, Georgia, Car Accident Lawyer

Auto crashes can be stressful for all parties involved. Therefore, seek the services of a lawyer. Even if you believe you were at fault in a car accident, you may still be entitled to file a lawsuit for financial compensation.

At The Weinstein Firm, we will investigate the crash and gather all evidence to prevent you from paying an unfair settlement to the other party. Contact our personal injury lawyers in Atlanta today to schedule your free initial consultation.

Latest Posts

Motorcycle Accidents vs. Car Crashes: Key Differences and Insights
Motorcycle Lane Splitting: What Atlanta Riders Need to Know
Tractor-Trailer vs. Car: The Severe Impact of Truck Accidents
Compensation for PTSD After an Atlanta Motorcycle Crash
Get the compensation
you deserve $$$

Local Auto Accidents

  • Atlanta
  • Conyers
  • Decatur
  • Kennesaw
  • Lawrenceville
  • Morrow
  • Watkinsville

Cheapest Car Insurance Georgia: 2024 Rates and Companies  MarketWatch [...]

Man arrested in multi-vehicle crash that injures deputy on I-285, Cobb County police say  Atlanta News First [...]

Child, deputy injured in multi-vehicle crash on I-285, Cobb County police say  WSB Atlanta [...]

1 killed in crash on I-285 in DeKalb County  Atlanta News First [...]

2 thrown from vehicle during crash in northeast Atlanta  Atlanta News First [...]

UPDATE: Woman dies after crash with tractor-trailer in Bainbridge  WALB [...]

Decatur resident killed in head-on crash due to reckless driver, police say  WSB Atlanta [...]

1 killed, 1 injured after head-on crash in Decatur, police say  Atlanta News First [...]

Child struck by car in Decatur school zone; residents push for lower speed limit  FOX 5 Atlanta [...]

DeKalb Police investigating deadly hit-and-run on Christmas morning  11Alive.com WXIA [...]

Athens man killed in vehicle vs pedestrian accident on Commerce Road  WGAU [...]

Watkinsville man killed following truck crash on Commerce Road  Online Athens [...]

Truck driver killed, 3 others injured in related traffic accidents, Athens police say  Atlanta News First [...]

Barrow Co. firefighter and son critically injured when their car collides with dump truck  Classic City News [...]

Grandfather killed, 2 grandsons seriously injured in crash on way home from Ga. water park  WSB Atlanta [...]

Georgia State Trooper Killed in I-75 Crash Investigation | iSkyCreations - News & Media  NewsBreak Original [...]

Georgia state trooper dies after being struck by vehicle while investigating crash  The Caledonian-Record [...]

State trooper dies from being hit by a vehicle while investigating a construction worker's interstate death  WNDU [...]

These car insurance providers have the highest market share in each state  News-Daily.com [...]

Lake Wales, FL: Vehicle Accident on Hwy 60 E Causes Entrapment. | iSkyCreations - News & Media  NewsBreak Original [...]

Brady McClintock | Galena Sentinel Times  Sentinel Times [...]

Atlanta man arrested in connection with multi-vehicle pile-up on I-285 in Cobb County  Cobb County Courier [...]

Berea vehicle collision ends in fatality | News | richmondregister.com  Richmond Register [...]

40-year-old deputy dies in head-on crash while responding to call, Georgia troopers say  Miami Herald [...]

Serious Injuries Reported in Kennesaw Car Crash, Baker Road Shut Down for Investigation  Hoodline [...]

Crash closes all lanes, all directions on Grayson Highway in Lawrenceville, police say  Yahoo News [...]

1 killed in crash on Hwy 316 in Gwinnett County  Atlanta News First [...]

One person dead after wreck on GA 316 in Gwinnett County  AccessWDUN [...]

Gwinnett Crash Kills Mom, Son And Motorcyclist; Speed May Be A Factor  Patch [...]

3 killed in crash, including a mother and her 14-year-old son, Gwinnett County police say  Atlanta News First [...]

Man killed in I-20 crash involving tractor-trailer identified  Atlanta News First [...]

Cobb I-20 E Crash Involving Tractor-Trailer Kills Conyers Man  Patch [...]

Weekly Safety Report: Car Crash and Bus Theft in Stone Mountain, Georgia | Georgia Safety Gazette  NewsBreak Original [...]

22-year-old woman dead after car crash in DeKalb County, officials say speeding may have been factor  WSB Atlanta [...]

Morgan Dean Obituary - Hutson Funeral Home - Farmington - 2023  Legacy.com [...]

Free Case Review
Weinstein law firm logo
Let's get started with your FREE consultation