Is Georgia a No-Fault State?
Georgia is not a no-fault state when it comes to car accidents. Instead, Georgia follows an “at-fault” system. This means that after an accident, the person who caused the crash and their insurance company is responsible for paying damages like medical bills, car repairs, or lost wages. In a no-fault state, each driver usually files a claim with their own insurance for personal injuries, regardless of who caused the collision.
Because Georgia uses the at-fault system, drivers who were not responsible for the crash can pursue compensation directly from the driver who was at fault or that person’s insurance company. This impacts how claims are filed and who is financially liable in the event of an accident. Call our experienced Columbus car accident attorney to discuss your legal options in a free consultation.
Evidence Used to Prove Fault
Determining fault in an accident and then proving that they should be responsible for your damages relies on gathering strong evidence from the scene and everyone involved. Insurance companies, police, and personal injury lawyers often use several sources of information to understand what happened and make a determination about liability:
- Police Reports: Police reports are usually created when officers respond to a crash. They include facts about the accident, statements from drivers, and the officer’s opinion on who broke traffic laws.
- Witness Statements: Witness statements are written or recorded details from people who saw what happened. Independent witnesses can support your version of events or reveal important moments everyone else missed.
- Photos and Videos: Photos and videos taken at the scene can capture damage, skid marks, vehicle locations, weather, and other conditions that may point to who was at fault.
- Video Footage: Dash cam footage, surveillance footage, or traffic camera footage is sometimes available. This type of evidence can provide an objective look at what happened leading up to the accident and give a good idea of what caused it.
- Expert Analysis: Expert analysis, such as reviews by accident reconstruction professionals, can make the sequence of events much clearer, especially in complicated crashes.
- Black Box Data: Event data recorders (EDR), also called “black box” data, is collected from many newer vehicles. This digital record shows information right before, during, and after an accident, such as speed, braking, seatbelt use, and even changes in direction. This can help show what caused the accident.
When you gather the right evidence, you give yourself a better chance at proving another party was responsible for the accident and should therefore be required to pay your damages.
What if You’re Partially at Fault For The Accident?
If you’re partially at fault for an accident in Georgia, you may still be able to recover damages, but certain rules apply. Georgia car accidents follow modified comparative negligence, which means compensation can be awarded if you’re less than 50% responsible for the accident. In these cases, your amount of damages will just be reduced by your percentage of liability.
- Where an action is brought against one or more persons for injury to person or property and the plaintiff is to some degree responsible for the injury or damages claimed, the trier of fact, in its determination of the total amount of damages to be awarded, if any, shall determine the percentage of fault of the plaintiff and the judge shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her percentage of fault.
However, if you are 50% or more responsible for the accident, you can’t collect any damages at all. Call Bridger Law Group today at (404) 482-3330.
