Jones & Swanson

Determining Fault in a Car Accident

Due to the immense number of automobiles on metro-Atlanta roadways, car wrecks are inevitable. On average, over 1,700 motorists are involved in automobile accidents in the state of Georgia each day. After an accident, fault must usually be determined. Insurance companies must determine who the at-fault party is prior to providing assistance. Also, if one party wishes to bring an injury lawsuit against the other, it must be proven that the latter party was at fault. Hence, it is of utmost importance to gather and record evidence so that this liability can be proven.

First and foremost, victims of Georgia auto accidents should protect themselves. Call the police immediately. If someone is seriously injured, they should be transported to the nearest Emergency Room as quickly as possible. Regardless of whether an ambulance is called or victims are transported to a hospital, police officers should be requested at the scene to provide a police report. Officers will usually determine and record fault in this report. The first thing an experienced Marietta auto accident attorney will do is to request a copy of this police report. In addition to these first protective measures, you should take as many photos as possible. Pictures of the scene, such as skid marks and streets involved in the accidents, as well as pictures of both vehicles and damages to those automobiles, should be taken.

Other sources of evidence can be gathered via more unconventional methods. For instance, stop light cameras can be found in more intersections all the time. In the event that a red-light camera was present near the location of your accident, the moments before, after, or during the crash may have been caught on camera. This is beneficial because it may not only prove negligence, but can be used to argue with the other party’s insurance company if they claim their insured was not at fault. For instance, the injured victim of an Atlanta car accident was hit by a vehicle that was speeding. Unfortunately, the at-fault party’s insurance provider claims that their insured was traveling at an appropriate speed. This disagreement can be solved by using cameras at red-lights to determine the vehicle’s actual speed. Obtaining photos from stop-light cameras can be difficult, but an experienced injury attorney can help you with this process.

The most obvious liability can be proven in a Georgia car accident that involves a “no-doubt” liability auto accident. These types of accidents allow fault to be determined much easier than in other incidents. Usually, insurance companies choose not to dispute liability in these types of car wrecks. These “no-doubt” liability auto accidents include rear-end collisions and left-turn accidents. If you are rear-ended, no matter why your vehicle was stopped, it is rare for you to be at fault. You might be considered partially responsible if your brake lights are out or if you do not move the vehicle out of the roadway to the best of your ability. Other than those instances, it is common knowledge that a vehicle should not be following another so closely that it cannot stop in time. The second type of “no-doubt” liability incident is that of left-turn wrecks. In most every case that involves a vehicle traveling straight and another making a left turn, the vehicle making that left turn is at-fault. Unless the vehicle traveling straight ran a red light or was speeding excessively, they will not be held liable.

Experienced Marietta Car Accident Attorneys

Looking for a lawyer for a car accident in Marietta? At Jones & Swanson, our primary practice area is that of Georgia automobile accidents. We have represented victims in car accidents throughout the metro-Atlanta area, including the cities of Marietta, Kennesaw, Acworth, Woodstock, Johns Creek, Sandy Springs, and more. If you or someone you know were seriously injured in a Georgia car wreck as a result of another’s negligence, contact our attorneys today for more a free consultation at (770) 427-5498.

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