Georgia car accidents totaled over 374,000 in 2023, injuring over 148,000 and killing 1,667 people. Sometimes, multiple vehicles are involved in an accident, but when it’s just two vehicles, the fault often lies with one party.
A simple trip to the grocery store or to pick up your kids at school can upend your life and leave you struggling with:
- Lost wages
- Medical debt
- Injuries
- Lost vehicle
- Financial difficulties
If you’ve been in a car accident that was not your fault, the steps that you take can positively or negatively impact you. Accidents due to someone else’s negligence are not your fault, and you deserve to be made whole again.
The steps below are what we would do – as an attorney – after a no fault accident in Georgia.
What to Do After a Car Accident in Georgia
Your case may be straightforward. If another driver went through a red light or was driving under the influence, fault is easier to determine. Even if you’re sure you have a cut-and-dry case, you must protect your best interests by doing the following:
Call 911
A police report will help strengthen your claim, but you also want to be sure that anyone who is injured receives the medical attention they deserve. Calling 911 will send a police officer and ambulance to the accident scene.
If you have injuries, don’t wait to seek medical attention. Your adrenaline may be high, and you may not realize that you have injuries until days later. Once you do recognize your injuries, seek medical attention.
Injuries permitting, be sure to move the vehicle out of the roadway if it’s operational. You don’t want to cause another accident.
Before moving the vehicle, be sure to:
- Snap a few photos of the vehicle
- Take a video of the accident scene
Vehicle positioning matters when determining fault. If it’s obvious the other driver took an illegal left turn and hit your fender, it’s an easier case to prove.
Even in cases where there are no serious injuries, police reports can confirm your accident circumstances and prevent future legal issues if the opposing driver files a lawsuit.
Seek Medical Attention
You should seek medical attention the moment you realize that you have any injuries. Follow doctor’s orders, go to follow-up appointments and document your injuries. If you file a lawsuit or seek damages from insurers, you can use this documentation to strengthen your claim.
Collect Evidence
Evidence only lasts so long, and even though the police officer will do their utmost to explain the circumstances of an accident, collecting evidence is still recommended. We suggest taking:
- Photos of the accident scene and your injuries.
- Photos of the damage to your vehicle and the other person’s vehicle.
- Videos of the accident scene, road conditions or anything else that contributed to the accident.
Be sure to take a photo of the other driver’s license place, ask witnesses for their contact information and exchange contact information with the other driver.
Notify Your Insurer
Even in the case of a minor accident, notify your insurance company. Insurers should be notified as soon as possible and will work in your favor if the other driver’s insurance tries denying responsibility for the accident.
Contact a Georgia Car Accident Attorney
Next, contact a Georgia car accident attorney who can:
- Fight back against insurers who do not want to pay a fair settlement or deny wrongdoing by their policyholder.
- Negotiate on your behalf to come to a fair settlement and stop the pesky calls from insurers who work in their best interests.
- Advise you on the right steps to take next, what your case may be worth and file a lawsuit if necessary.
An attorney works for you, helping you prove you were not at fault in the accident and seeking a settlement that is in your best interests.
How is Fault Determined in Georgia?
There is no Georgia no fault law. Like other U.S. states, Georgia is a fault state, which means that when two drivers are in an accident, the driver who caused the accident will generally be held responsible for the other driver’s damages (OCGA §51-1-6).
Determining fault can be a complicated process, depending on the circumstances of the accident. For this reason, it’s crucial to contact an attorney as soon as possible after the accident.
Several types of evidence may be used to determine which driver was liable, including:
- The police report
- Photos and videos of the accident scene
- Witness statements
- Weather and road conditions at the time of the accident
Insurance adjusters will use this evidence to make a decision on who was at fault. More often than not, insurance adjusters are looking for an opportunity to blame the other driver and avoid having to pay out a claim.
However, your attorney can conduct an independent investigation, gather evidence and build a case to argue that the other driver was at fault.
Can Both Drivers Be Held Liable?
Yes, both drivers can be held liable in an accident. Georgia is a modified comparative fault state, which means that your percentage of fault can reduce the amount of compensation you receive.
If you are deemed mostly at fault for the accident (more than 50%), you may even lose your ability to recover damages.
Under the comparative fault rule, you can seek damages in relation to the other driver’s level of fault. For example, if the other driver is found to be 80% at fault, you can recover 80% of the damages you’re pursuing.
If you were involved in an accident that was not your fault, you may have a few options to recover compensation for your injuries.
- File a claim with the at-fault driver’s insurance
- File a claim with your own insurance company
- File a lawsuit
With any of these options, the other party will be looking out for their own interests – not what is fair or just.
Having an attorney in your corner can make all the difference in the outcome of your claim. An experienced attorney will advocate for your interests and build a comprehensive strategy to pursue the maximum compensation you are entitled to under Georgia law.
If you were involved in an accident caused by someone else’s negligence, contact Keller Swan today to schedule your free consultation and explore your next steps.