Getting into a car accident can be overwhelming and both literally and figuratively painful. While legal stuff might be the last thing on your mind, you need to determine if your state is an at-fault or no-fault state so you know how to move forward with claims and potential litigation. 

Georgia is an at-fault state, which means that if you or someone you love were in a car accident in Georgia, the driver at fault is legally required to compensate other parties for any damages. Determining fault can get a bit tricky, though, so it is important to understand your state’s laws and seek legal guidance.

What’s An At-Fault State?

States can be either no-fault or at-fault, though most are the latter. In a no-fault state, you will typically turn to your own insurance to cover damages from a car accident, regardless of who caused the accident. This makes the claims process faster and easier than in an at-fault state and allows people to avoid lengthy investigations.  

In an at-fault state, the party at fault in an accident will always have to be determined. Who determines the fault will depend on the exact circumstances you are facing and can range from insurance companies to the courts, depending on the severity of the incident at hand. The person at fault will have to pay the other party for any damages involved, such as property damage, medical bills, and legal fees. 

Is Georgia a No-Fault or an At-Fault State?

Georgia is an at-fault state and follows a modified negligence rule. This means that you might share fault with another party and might be assigned a percentage of the fault. For example, if another driver was distracted and ran a red light but the other driver was speeding, both drivers might be assigned partial fault. 

If you are found to have less than 50% of the fault, you can recover damages from the other party’s auto insurance. You can work with a car accident attorney to file a claim with the other party’s insurance company and get the compensation you deserve. On the other hand, if you are found to be at more than 50% fault, you cannot file such a claim.  

Who Determines Fault in Georgia?

If you are in a car accident in Georgia, usually insurance companies will be the first to try and determine fault. People at the company will review all the evidence they can get their hands on to figure out who was responsible for the accident. For example, they might consult witness statements, images, or videos of the accidents and look at police reports. In many cases, this process will be enough to determine fault, but sometimes it is not so simple. For instance, sometimes, a person will dispute the insurance company’s conclusion, in which case the matter might have to go to court.

Why Do I Need a Car Accident Lawyer?

If you’ve been in a car accident, the last thing you need to deal with is the headache of determining fault and fighting for your rights. If you contact an experienced car accident attorney, you can rest and recover knowing that your attorney can help collect evidence, communicate with the insurance companies, and prepare all of the complicated paperwork for you. 

Contact A Trustworthy Car Accident Lawyer 

At Lamar Law Office, LLC, we have years of experience helping our clients all around Georgia get what they deserve after car accidents. We can help you better understand Georgia law and support you as you navigate the confusing aftermath of a car accident. Contact us to start simplifying the process today.