How To Determine Fault in a Woodstock, GA, Car Accident

Car Accident

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.

Latest Posts

How to Navigate Legal Action after a Bicycle Accident
Are You Always at Fault if You Hit Someone from Behind?
Can You File a Police Report Days After an Auto Accident in Georgia?
The Importance of the Police Report in a Car Accident Claim
Get the compensation
you deserve $$$

Local Auto Accidents

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

One dead after crash in Atlanta, police say  11Alive.com WXIA [...]

Memorial Day weekend Georgia drownings, car accidents  11Alive.com WXIA [...]

Victims of Sunday's multi-vehicle crash on I-75 in Bartow County identified  FOX 5 Atlanta [...]

Community stunned after 4 dead, 6 injured in I-75 crash in Bartow County  Atlanta News First [...]

4 dead, 5 injured after multi-vehicle crash on I-75 in Bartow County  11Alive.com WXIA [...]

Best Cheap Car Insurance Rates in Georgia (as low as $42/mo)  ValuePenguin [...]

2 men found dead a half-mile apart along Candler Road, Rainbow Drive  FOX 5 Atlanta [...]

Child, 3 Adults Dead In Fiery GA Wrong-Way Crash Identified: GSP  Patch [...]

Crash at notorious Decatur intersection sends three to the hospital  Decaturish.com [...]

Car crashes into Decatur home's living room; intersection called dangerous  Herald & Review [...]

Construction accident claims life of Watkinsville company employee  Online Athens [...]

Two pickups crash killing woman and injuring four other people  Online Athens [...]

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

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

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

Miracle Trudestiny Morrow killed in Birmingham crash  The Legal Advocate [...]

3 dead after driver flees from GA police, crashes vehicle as car goes up in flames  WSB Atlanta [...]

Clayton County: Stolen ambulance chase leads to crash near Tara Boulevard, Dixon Road  FOX 5 Atlanta [...]

GDOT: I75 crash in Clayton County; lanes blocked  11Alive.com WXIA [...]

Four killed after wrong-way driver crashes into car on Morrow County highway  NBC4 WCMH-TV [...]

Drivers Allegedly Racing to Car Meet Wreck Each Other in 8-Car Pileup  The Drive [...]

8 Sports Cars Allegedly Racing Each Other Pile Up In Georgia Highway Crash  CarScoops [...]

Community stunned after 4 dead, 6 injured in I-75 crash in Bartow County  Atlanta News First [...]

Bartow County crash: Kennesaw State University student killed  11Alive.com WXIA [...]

5 killed in Bartow County I-75 crash identified: coroner  11Alive.com WXIA [...]

One dead after crash in Atlanta, police say  11Alive.com WXIA [...]

Woman killed in Henry wreck that shut down I-75 South for hours   The Atlanta Journal Constitution [...]

Driver in deadly Peachtree Corners high-speed crash charged with murder  FOX 5 Atlanta [...]

4 Dead, At Least 3 Injured In 2 Gwinnett Co. Crashes  Patch [...]

Lawmakers consider banning speed cameras in Ga., one metro Atlanta county fights to keep them  WSB Atlanta [...]

Best Cheap Car Insurance Rates in Georgia (as low as $42/mo)  ValuePenguin [...]

2 killed in motorcycle crash on I-20 in Rockdale County  WSB Atlanta [...]

2 killed in Rockdale County multi-vehicle crash, sheriff’s office says  Atlanta News First [...]

I285 DeKalb Co, crash; all lanes closed: GDOT  11Alive.com WXIA [...]

I-20 deadly crash in Conyers, GSP says  11Alive.com WXIA [...]

Free Case Review
Weinstein law firm logo
Let's get started with your FREE consultation
Weinstein law firm logo
Injured in an Accident? You Want the Best!

When it comes to personal injury cases, time isn't always on your side. Contact us today and see why all of our clients say Weinstein Wins!

Let us fight for your rights and get you the maximum compensation you deserve!