Proving fault is always the hardest part of your Georgia accident lawyer’s job. The police report can be a great source of information in your accident claim. The police will make note of several things that can help prove causation. Some of these include:
- Statements made by each driver
- Eyewitness statements
- Pictures of tire marks on the roadway
- Video of the accident as well as video of the police investigation
All of these things can help prove that the other driver was at fault. If you’re not able to do this, then you won’t be able to collect damages. Georgia accident lawyers know this better than anyone else. That’s why they take ample time to research and prepare your case. If they feel hiring an accident reconstruction specialist, it’s because they feel their opinion can help win in court.
You May Need to Hire an Accident Reconstruction Specialist
Sometimes, it’s obvious who was at fault in a car accident. For example, in a rear-end accident, we typically assume that the rear driver was at fault. The same is true when somebody is T-boned. It makes sense to think that the car hit from the side was not the liable party. However, when it comes to a car accident lawsuit, common sense isn’t enough. If the defendant denies liability, which they will do, your Georgia accident lawyer will need to prove the other driver caused the crash.
One way your attorney can do this is by looking at the police report. The officer may have included something in the report that shows who was at fault. Perhaps there’s a statement made by the other driver that admits to causing the accident. Or the police may have taken pictures of the crash site, including pictures of the road and the vehicles. If this isn’t sufficient, then your Georgia accident lawyer will have to consider hiring an accident reconstruction specialist. They can review the damage to the vehicles along with the police report and decide as to fault. These expert reports are often allowed to be included as evidence at trial.
There’s a Chance You’ll Be Found Partially at Fault
When you and your Georgia accident lawyer decide to hire an expert, be prepared for mixed results. Your specialist may tell you that they think you contributed to the crash. They may establish that the defendant was in fact speeding. However, they may discover that you didn’t react the way a normal person would have. For example, they may say that, rather than trying to avoid the impact, you sped up and caused the impact to be worse than it already was.
Some people are so afraid of being found partially at fault they lie to their Georgia accident lawyer. That’s not something you want to do. Your attorney is going to find out the truth at some point. It’s better that you tell them the truth from the beginning. This way, they aren’t blindsided down the road. Georgia follows the comparative negligence rule. Therefore, even if you are found to be partially at fault, you may still receive damages. However, it’s important that you realize your damages will be reduced by your percentage of fault. If your initial claim was for $100,000 and the expert suggests you were 20% at fault, then your claim will be reduced to $80,000.
Speak with an Experienced Georgia Accident Lawyer Soon
It can be really frustrating to know in your heart that the other driver was at fault and they won’t admit it. You almost want to shake them and demand that the tell the truth. Unfortunately, it doesn’t work that way. Rarely, if ever, is any one driver said to be 100% at fault. It’s usually a combination of things both you and the other driver did. That can make it hard for your Georgia accident lawyer to prove fault. Their goal is to get you the compensation you deserve. Sometimes, the best way to do that is to negotiate a settlement with the defendant.
The only way to know if you have a viable claim for damages is to meet with a skilled Georgia accident lawyer. You should do this as soon as possible after your crash. You want your attorney to have ample time to prove your case. They may need to hire experts to prove fault. This could take months or longer. Rather than risk missing the statute of limitations deadline in Georgia, you’ll want to get started right away.
Call our office and schedule your free, initial consultation today.