Georgia is an-fault- state when it comes to auto accident claims. This means that to recover damages, an accident victim must prove that someone else was at more than 50 percent at fault for the accident and its consequences. Under Georgia’s modified comparative fault rule, the victim’s damages are reduced in proportion to his or her percentage of fault. At Owens & Mulherin in Savannah, our auto accident attorneys have extensive experience with proving fault of other drivers while defending our clients from allegations of contributory negligence. If you have been an accident victim, we will strive to maximize the amount of your recovery, so you receive the full compensation you deserve.
In a motor vehicle accident case, a victim must prove the defendant’s fault by a preponderance of the evidence. This means it was more likely than not that the defendant principally caused the accident. Car accident attorneys look for facts that indicate negligence while driving and causation, which means that the negligent act led directly to the crash. Evidence can take many forms, such as:
Accident victims can help their case substantially by acting immediately to preserve evidence and by contacting an attorney as soon as possible so that a timely investigation can start.
A driver is legally liable for damages if they breach their duty to operate a vehicle safely and that breach of duty leads directly to a crash. For example, a driver might allow distractions to interfere with safe operation of the car by using a cellphone or GPS, eating or drinking, applying makeup, reaching for an object or adjusting the sound system. Drivers can also fail to obey stop signs and red signals, fail to yield the right of way, drive too aggressively or drive under the influence. All of these behaviors can establish fault.
An important task for any attorney is to identify all potential defendants for the case. Parties other than the driver can be liable for an accident. At times, mechanical failures or poor road conditions can be contributing causes, the parties responsible for vehicle service or for road construction and maintenance can be found liable.
Negligence is breach of the duty to drive with reasonable care. When negligence leads directly to a crash, the driver is liable for damages. Yet, the law also covers cases where both drivers breach the duty of care and contribute to the crash. This is called comparative negligence. In Georgia, a crash victim must be less than 50 percent responsible in order to receive compensation. Moreover, compensation is reduced in proportion to the victim’s fault. For example, if an accident victim sustained $100,000 in losses due to a crash, but was 20 percent responsible, the victim could only receive $80,000 in damages.
Because of the complexities of proving fault and defending against allegations of comparative negligence, you should not attempt to settle a car accident claim on your own. An experienced attorney at our firm can assess your case and help you pursue the maximum recovery possible.
Owens & Mulherin in Savannah provides trustworthy personal injury representation for victims of car accidents. Call us today at 912-212-2100 or contact us online to schedule a free consultation.