How to Prove Fault in a Georgia Car Accident

March 28, 2024
Auto Accidents

In order to prove fault in a Georgia car accident case, it is critical to determine who is the driver at fault. Under Georgia law, each driver is responsible for the accidents they cause and must carry appropriate insurance coverage. However, accurately identifying who was the fault party can be a difficult task as there are often ambiguities and competing claims that need to be properly evaluated.

Additionally, there may be attempts by insurance companies to lay blame on other drivers in an effort to reduce their losses. It's essential to understand how the determination of fault works in Georgia Car Accident cases so you, as the accident victim, can confidently prove the responsibility of the at-fault driver. 

If you were in a Georgia car accident, you may be wondering how to prove fault in the incident. Determining fault in an accident is essential for pursuing compensation for your losses, such as medical expenses, property damage, and lost wages. Our Georgia car accident lawyers at Mark's Law Group can help you recover the maximum compensation for injuries and damages.

Call today at 678-251-9309 and get your case started with a 100% FREE consultation with our knowledgeable car accident attorney, Aaron Marks!

How Comparative Negligence Works in a Georgia Car Accident Case

The comparative negligence rule is an important concept in Georgia's liability law. Basically, comparative fault means that a party’s responsibility for an accident is partially based on the actions of another party. This is often seen in car accident situations where each driver may be found to have contributed to the crash in some way. For example, if one driver was speeding, but the other failed to yield, both drivers can be found to have a degree of fault and both are held liable for damages. It's important to speak with a personal injury lawyer to help you prove negligence!

The amount of responsibility usually follows a fault-based system based on percentages which determines how much compensation each party can receive. If one person is found to be mostly responsible, they are only held liable for as much money as their percentage of fault warrants. Say someone is 70 percent at fault, they would be accountable for 70% of the damages while the other person could receive 30%.


This rule also means that imperfect individuals can still recover damages even if they share some responsibility for their losses. However, if a person is 50% or more at fault in an accident, they generally cannot recover any damages from the other party. Insurance companies take advantage of this scenario by attempting to shift as much blame as possible onto one’s shoulders in order to minimize their expenses from paying out on insurance claims.

Ways That Can Help Prove Fault in a Georgia Car Accident

In the state of Georgia, when two or more vehicles are involved in a traffic accident, determining who is at fault in the accident claim can be difficult. To help prove who is liable for the crash and to ensure you receive maximum financial compensation for your vehicle damages and personal injuries, there are certain steps that you can take following an auto accident.

Police Reports

Police reports are an essential piece of evidence in any criminal investigation or civil case. In these circumstances, the police officer's version of events is seen as more reliable and credible than the accounts given by those involved. The police accident report is often the determining factor when there is a discrepancy between the accounts given by individuals involved with the incident. To ensure that a full account of the events is documented, it’s important to always call the police so that an official accident report can be made.

Check This Out: This tool provided by Georgia's Dept of Transportation helps you gather police reports for accidents that occured on public roads!

Eyewitness Testimony

Eyewitness accounts can play a critical role in determining liability in a car accident. By collecting the contact information and names of witnesses present at the scene of an accident, an accurate and unbiased third-party opinion is available. Through interviews or depositions of these witnesses, eyewitness statements can help to establish who caused the accident and who is liable for any damages or injuries that resulted from it.

If there is a disagreement between drivers as to how the accident happened, these accounts are essential in providing vital insight into what actually occurred. Eyewitness testimonies and interview witnesses must be taken seriously because they can provide corroborating evidence to support either party’s claim and potentially settle disputes before a court battle ensues.

Furthermore, asking each individual to provide their own recollection of events ensures that no single encounter will prejudice the outcome of any investigation or hearing. All this goes to show the importance of obtaining eyewitness testimonies in order to acquire an accurate explanation of the circumstances leading up to an accident.

Knowledge of Georgia's Driving Laws

When it comes to determining fault following an accident, knowledge of Georgia’s driving laws is essential. For example, one law in particular that can have a big impact on who is deemed at fault is the yield to oncoming traffic law when turning left at an intersection. According to Georgia law, the driver turning left on the green light must yield the right of way to any oncoming vehicles passing through the intersection, even if they both have a green light.


This means that if two vehicles collide because one vehicle was making a left turn while the other was passing straight through an intersection, then the driver making the left turn would be deemed at fault. This can be difficult for drivers to remember since failing to yield correctly requires assessing not only their own actions but also those of potentially multiple other vehicles present at the intersection. Therefore, it is important for drivers in Georgia to stay informed and understand their responsibilities so as to ensure safe driving habits are maintained even when faced with complicated traffic scenarios.

Can an Injury Lawyer Help Prove Fault?

In order to prove fault in a car accident, hiring a qualified and experienced attorney is important. Georgia operates under an “at-fault” system when deciding who is responsible for the incident. This means that the person at fault will be held financially responsible for any damages.

Establishing fault can be tricky, as liability claims require an extensive investigation into the facts of the case. A car accident attorney can help you prove fault by performing an independent assessment of available evidence such as police reports, testimonies, witness statements, photos, and more to determine who should be held liable.

On top of that, an experienced car accident lawyer can ensure that you will receive an acceptable settlement based on the severity of your losses. Proving who was at fault in an Atlanta car accident is essential if you hope to recover cost-of-living expenses or medical damages due to an accident injury or property loss. With the help of a qualified personal injury attorney specializing in cases like yours, you can get justice and restitution faster while avoiding potential hold-ups along your journey to recovery. Call Marks Law Group today and get your case started with a FREE consultation!