Have you been involved in an auto accident? You may be entitled to compensation for your injuries and property damage from the at-fault driver. However, before you can file an insurance claim, you need to prove that the other driver was at fault for the accident. This is often a challenging process and depends on the circumstances of the accident.
How fault is determined in a car accident depends on several factors, such as:
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The physical evidence you collect at the scene of the accident, including photographic evidence, videos, witness statements, and physical damage
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The details documented by the police report, including the location, time, weather, road conditions, and citations
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Investigations conducted by the car insurance companies of the drivers involved
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State negligence and fault laws
In general, fault is determined by the car insurance company of the other driver’s insurer. They carry out thorough investigations, collect and analyze evidence, and assess damages. Depending on the outcome of their investigation, adjusters determine who is liable for the accidents and the percentage of their fault.
Sometimes, it is obvious who is at fault, such as in rear-end accidents. However, it is not always clear who is held legally responsible, especially if one or more drivers are involved or when a city bus hits your car. The involved parties in the car accident may have conflicting accounts of what happened and will try to minimize their fault. Sometimes, the involved drivers share some degree of fault for the accident.
If car accident fault is unclear or disputed, the drivers may need to go to court to resolve the issue. The court will decide who is liable based on the evidence and testimony presented by both sides, as well as applicable state laws.
While most car accidents do not go to court, it may be the only option to get the compensation you need to cover your expenses. If you find yourself stonewalled by the other driver’s insurer, consider contacting a lawyer.
An experienced car accident lawyer can help you file a complaint with the court and present the necessary supporting documents. They are also excellent negotiators, so they may still be able to secure an out-of-court settlement with the insurance company.
Different States Have Different Rules for Fault
The state where the accident happened can affect how fault is determined after a car accident and how compensation is calculated. There are two types of states when it comes to fault, no-fault states and at-fault states. Here’s how they differ:
- No-fault states: There are 12 no-fault states where each driver’s insurer pays for their damages, regardless of who was at fault. The involved parties cannot sue each other unless they meet certain thresholds of injury or damage.
- At-fault states: In these states, the negligent driver is responsible for paying for the other driver’s damages. The drivers can choose to file with the other driver’s insurance company or directly sue them.
When it comes to negligence, different states follow different approaches when assigning liability in negligence cases. The two broad categories are contributory negligence and comparative negligence.
- Contributory negligence states: In these states, a driver who is even slightly at fault cannot receive compensation, and drivers can only sue each other if they are entirely blameless.
- Comparative negligence states: There are two sub-categories of this doctrine, pure and modified. In pure comparative negligence states, a driver can recover compensation even if they are 99 percent at fault. However, in modified comparative negligence states, a driver can only recover compensation if their fault is less than a certain threshold. In Georgia, the threshold is 50 percent, so only those 49 percent at fault can recover compensation equal to the at-fault driver’s fault percentage.
Fault determination in auto accidents can be a complex and challenging process. It requires carrying out thorough investigations and being very familiar with state laws. Therefore, knowing your rights and responsibilities after a car accident is essential, and a car accident attorney can help with that.
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