In every Woodstock car accident, someone will be liable for causing the accident. It could result from several issues such as faulty motor vehicles, driving under the influence, recklessness, etc. The law recognizes the driver who causes the accident as the at-fault driver.
After a car accident, three major parties can determine who is at fault in the car crash. These parties are the law enforcement agents, insurance companies or adjusters, and the court. Georgia is an at-fault state, meaning the driver who causes the accident pays for the other driver’s damages.
These three authorities have different ways of determining fault. So, in this article, we will be discussing how they determine fault in a Woodstock car accident. If you have trouble deciding who was at fault in your car accident, then you should hire a Woodstock car accident attorney.
How Law Enforcement Agents Determine Fault
If you get involved in a car accident, you need to report the crash to the police as soon as it happens. When the police get there, they will proceed to file a police report. The police report will highlight what happened before, during, and after the accident to determine who is responsible for causing the accident.
The police officer(s) will interview the drivers involved, other drivers, passengers, pedestrians, and any other witnesses. During the interviews, the police will ask the individual series of questions concerning the accident. Afterward, the officers will piece together answers to determine the order of events of the crash. In other words, through the answers they gather from the witnesses, they will try and figure out how the accident occurred.
Through their professional judgment, they will be able to get an account of what happened. Therefore, they will be able to identify who was at fault in the accident. Although the police report assigns blame to a party, the law will not hold the person automatically responsible. Instead, the report becomes a piece of evidence.
How Insurance Companies Determine Fault
Another necessary party you have to report your car accident to is your car insurance company. Insurance adjusters will then carry out investigations to determine the liable party. Your insurance adjuster may also need to speak to witnesses at the accident scene to discover the at-fault party.
Additionally, the insurance adjuster will study and look into the medical reports. A medical report is a document containing details about all your injuries and treatment records. So, it would help if you went to the hospital immediately after the accident.
Another way the insurance adjuster determines the at-fault driver is by examining the vehicle damage. There are instances where the location of the damage on the vehicle shows who the at-fault driver is. For example, in rear-end collisions, the driver behind is almost always the party responsible for causing the crash.
When insurance companies are figuring out who is at fault, negligence plays a crucial role. This is because the negligent driver fails to exercise the amount of caution a sensible person would exercise in the same situation.
How the Court Determines Fault
It is not always that insurance companies settle car accident cases. You might have to file a lawsuit to recover money for your injuries and damages to your car. There is a defendant (fault party) and the plaintiff (victim) in a court case.
The court will determine who was at fault by considering if the defendant was indeed negligent in the accident. To do this, the court will listen to the arguments from the defendant’s and the plaintiff’s lawyers. Also, they will carefully examine various pieces of evidence.
Police reports, medical reports, and eyewitness testimonies are examples of evidence that the court considers when determining fault in a car accident. Note that the evidence of a traffic violation (such as a traffic citation) may convince the court, either a judge or jury, that the fault party was negligent when the accident happened.
A Car Accident Attorney From The Weinstein Firm LLC Can Help You Today!
You have read about the three major parties responsible for determining fault. However, you should know that your car accident attorney can be beneficial in determining your innocence in a car accident. So, you need to hire a qualified attorney immediately after your accident.
At The Weinstein Firm, our Woodstock car accident lawyers are specially trained to defend your case. They will also ensure you and your family get justice for the wrongdoing of the defendant. When you contact us, we are willing to represent you in court, and we guarantee that you will get the appropriate compensation. Therefore, please do not delay in contacting us for a free initial consultation.
