Car Accident
Fry | Goehring successfully helps the injured recover the compensation they deserve.
Cases We Handle
Personal Injury
Proving Liability in a Car Accident Case
If you have been in a car crash, you know how traumatic this experience can be. You, your passengers, or someone else may have sustained life-changing injuries. Your car may also have been severely damaged. You’re probably facing medical and other expenses you never anticipated. And even if the collision was a fender bender, dealing with insurance agents after the accident may be more stressful than the crash itself.
After getting hurt in a collision that was not your fault, you just want to take action to recover from your injuries and get compensation for your losses to ensure you’re not stuck paying for the fallout. Yet, even after a minor crash, recovering fair compensation is fraught with delays, complications, and confrontations.
But why is this the case? The reason is simple: car accident cases fall under negligence in Georgia. Under Georgia law, the burden of proof in car accident claims and other personal injury cases lies with you, the victim, and your legal team.
So, no matter how careless the other driver was or how severe your injuries were, you must gather crucial evidence to build a compelling case before you can begin recovery. When you work with Fry | Goehring, our legal team will scour the accident scene to gather strong evidence and improve your chances of recovering the maximum payout.
Get the help you need after a car accident in Atlanta. Contact our Atlanta car accident attorneys today at 404-969-1284 to schedule a free consultation.
Establishing Negligence and Fault in a Car Accident Case
If you were hurt in a collision caused by another driver, you might think the damage to your car and injuries will speak for themselves. After all, the other driver owed you a duty of care, right? Of course, they breached it, you got hurt, and they owe you damages! Unfortunately, things might not be so clear to insurance companies or a court if your case goes to trial.
Georgia is an at-fault state, which means the driver found at fault after a car wreck is responsible for compensating crash victims for their losses. Compensation can be recovered from an insurance claim, or the at-fault driver can pay out of pocket. So, to reach a fair settlement after a car accident and to do so successfully, you must prove the other driver’s fault. Specifically, you must prove the elements of negligence to insurance companies, a jury, or a judge.
- Duty of care: You must illustrate that the other driver or defendant owed you a duty of care. All drivers owe other road users a duty of care not to operate their vehicles in a way that would harm others.
- Breach of duty: You must show that the defendant breached their duty of reasonable care and that the crash was the result of their negligent actions or inactions.
- Causation: You must prove that the defendant’s actions or inactions were both the proximate and actual cause of the crash. In other words, you have to show that the collision would not have occurred if not for the driver’s failure to exercise due care and that there was no other cause of the accident.
- Damages: You must prove you suffered physical or mental injuries from the car wreck.
The more substantial the evidence you have to prove the other driver’s fault, the better your chances of protecting yourself from any fabricated defenses from the at-fault driver and their insurance company. This will increase your likelihood of securing a fair settlement to cover your losses.
Modified Comparative Negligence Rule in Georgia
Understanding Georgia’s modified comparative negligence rule is important because it affects the compensation you will receive. Why does this matter? For one, if the other driver is found at fault, they are responsible for the losses you incur because of the accident. Conversely, if you’re found at fault for the accident, you, or in most cases, your insurance company, will be responsible for paying for the physical injuries, medical bills, and other losses the crash caused.
Under the modified comparative rule, plaintiffs in car accident cases recover compensation for damages in proportion to their percentage of fault unless they are 50% or more at fault for the damages or injuries claimed. You cannot recover damages if you’re 50% or more to blame for the accident.
Let’s take an example. Imagine that you were only traveling two or five mph over the speed limit when an intoxicated driver struck you as they were going forty mph over the speed limit while you were passing a green light. Then, let’s say that your damages total $100,000. If a jury assigns you 20% responsibility because they feel you were partially to blame, then your actual recovery will be $80,000.
Proving a driver’s negligence requires evidence in car accident cases. Moreover, insurance companies know the modified comparative negligence rule. And if you lack sufficient evidence, they might use this rule to apportion some blame on you. The skilled Atlanta car accident lawyers at Fry | Goehring are ready to do the legwork and gather critical evidence to build a strong case.
Gathering Evidence of Liability
When it comes to fault determination, evidence is key. The evidence collected plays an invaluable role in determining who was at fault for the accident and the extent of the damages you suffered.
The stronger your evidence, the better your chances of proving the other driver’s fault and significantly increasing the chances of a successful legal outcome, whether that means a settlement or a trial verdict. So, make sure you collect all the critical evidence from the crash scene and bring it to your Atlanta personal injury lawyer.
Together with your attorney, you can sort through everything and make sure to connect all the dots. If you cannot connect all the dots to the end, you will likely not recover any compensation.
The best evidence in car accident cases will show precisely how the accident occurred and how it affected you, illustrating all the physical, mental, and financial losses you incurred. This will help you prove liability and recover fair compensation for damages.
Evidence, Our Attorneys, Will Collect To Prove Liability
The importance of evidence in Atlanta car accident cases cannot be overstated. Suppose you have been involved in a car wreck. In that case, if possible, it’s important to start collecting evidence immediately, including photos of the accident scene and witness statements.
At Fry | Goehring, we know too well that car accidents can be chaotic and traumatizing. They can also result in excruciating physical injuries requiring immediate medical attention. And trying to gather evidence for fault determination can be a difficult burden for injured car accident victims. Having our legal team on your side from the beginning can take the pressure off you and your loved ones, as well as help us gather compelling evidence for a solid case.
When you contact us, our experienced Atlanta car accident attorneys begin work to investigate the crash and gather evidence to substantiate your story. There are several critical pieces of evidence we collect to strengthen your case to establish liability and prove damages, including:
Police Reports
Always call the police for assistance immediately after a crash, even if the damage and injuries seem minor. The responding police officer will cordon off the area, take statements from everyone involved in the crash, and document what happened in an accident report.
Typically, the officer takes photos and notes, draws diagrams, takes statements from you, the other driver, and witnesses, and compiles all this, plus their findings, in an accident report. Often, the officer will also declare who is at fault in the accident report. When investigating your case, our attorneys will obtain and review the police accident report and the officer’s statement to help build your case.
Witness Statements and Testimony
Having witness testimony supporting your account of what happened in a car accident can be incredibly influential when establishing fault.
The most credible witnesses are people who don’t know you and don’t stand to benefit from the claim. They include anyone who would have relevant information about any aspect of the crash, including eyewitnesses such as pedestrians, nearby business owners or their staff, the investigating officer, or the federal oversight agency.
Eyewitness testimony is valuable evidence in fault determination. It provides an objective description of precisely what they saw, which will help confirm your version of what happened or offer evidence you otherwise don’t have.
Our team of skilled attorneys proactively reaches out to all potential witnesses and engages them in detailed interviews regarding the accident, capturing their accounts through audio and video recordings.
Additionally, we will obtain signed statements from these witnesses, solidifying the evidence in your favor. If required, we’re prepared to conduct thorough deposition testimonies and even call upon these witnesses to testify in court should your case proceed to trial. Rest assured, we leave no stone unturned in building a solid case to support your Atlanta car accident claim.
Photographs as Evidence
One of the reasons it is important to talk to an attorney immediately after a motor vehicle accident is the fact that the accident scene won’t remain the same for long. The damaged cars will have been moved, debris cleared, and the damaged guardrails, roadways, and other structures repaired. Our legal team will visit the scene as soon as possible to take photos of damage, injuries, and other conditions relevant to your case, including:
- Damage to the vehicles involved in the crash
- Skid marks and other damage to the road
- The position of the cars after the accident
- Torn clothes
- Your body, highlighting your injuries
- Weather and light conditions
- Any debris from the collision
- Intersection/street signs
- Road defects
- Traffic signs
Photos of the accident scene are vital to your case since they present an accurate image of the crash scene. Assuming your injuries did not prevent you from taking photographs, any pictures you took at the accident scene will be vital in proving your claim. We will collect all the photos you’ve taken, preserve them, and submit them as evidence.
Video Evidence and Computer Data
Videos from traffic light cameras, dashcams, or surveillance cameras from nearby homes or businesses, such as gas stations, banks, and stores, may have captured the entire incident or part of what caused the crash. Sometimes, pedestrians may have recorded the accident on their phones. The responding police officers may also have recorded videos of the collision.
Modern vehicles collect and store important data on computer chips. These little chips hold key details about a car’s functioning before an accident. This valuable evidence can help demonstrate the other driver’s fault in the incident. It could also support your claim by showing that you did your best to avoid the collision.
At Fry | Goehring, our Atlanta personal injury attorneys will collect or subpoena 911 dispatch calls and surveillance footage from law enforcement, nearby premises, and traffic equipment and use this evidence during settlement negotiations and/or at trial.
Medical Records and Bills
Regardless of how minor the severity of the crash and your resulting injuries may seem, it’s crucial that you seek medical attention within 24 hours of the accident. Some injuries, such as internal bleeding, brain injuries, and concussions, are not immediately apparent. A timely diagnosis can save your life and your car accident claim.
Evidence relevant to the nature and severity of your injuries will play a significant role in establishing your damages and how much you should recover. To prove your damages, our dedicated legal team will collect strong evidence, including:
- Documentation of ambulance rides
- Emergency room records
- Hospital records documenting diagnostic imagery, surgeries, and follow-up appointments
- Treatment plans
- Rehabilitation records
- Medical bills, including receipts, bills, and invoices for medical expenses
We also speak to your treating physician and other medical and financial experts to illustrate how your injuries will impact your future.
Lost Income Evidence
To recover lost income, whether current or future, you must provide proof of missed time from work and the lost wages. Our attorneys in Atlanta will gather W-2s, pay stubs, and other documentation demonstrating the number of hours you typically work, your rate of pay, and the time you missed from work following the crash.
Suppose your work schedule isn’t always regular, or you’re an entrepreneur. In that case, we will gather evidence that reflects any deterioration of invoices or billings, missed appointments, and contracts that may have been dropped. This evidence is crucial in showcasing the accident’s impact on your income and business.
In addition to gathering the evidence discussed above, our lawyers will thoroughly collect and review additional documentation, including your auto insurance policy. We’ll provide you with expert legal guidance on understanding the coverage you have with your insurance agent. We’ll also meticulously examine the other driver’s policy and advise you on your legal options.
Speak With a Skilled Atlanta Car Accident Attorney Today
No matter how straightforward your case might seem, having a skilled car accident attorney on your side is crucial. If you’ve been hurt or lost a loved one in a car accident, make sure to gather as much evidence as possible and contact Fry | Goehring. We will help you navigate the process of identifying, collecting, and preserving critical evidence required to prevail in your car accident case.
Fry | Goehring has earned millions in settlements and verdicts on behalf of auto accident victims and their families. We fight to secure the closure, justice, and financial compensation you need. Please contact us online or call us at 404-969-1284 to schedule an appointment with one of our Atlanta personal injury attorneys.
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