How to Establish Negligence or Liability after a Traffic Accident in Atlanta?

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Georgia is known as an at-fault state, which means drivers have to pay if the accident happened because of their negligent actions. Therefore, it’s essential to prove that the accident and resulting injuries were caused by the defendant’s negligence.

However, determining the fault after a traffic accident in Atlanta needs careful consideration of the incident. That’s where an experienced Atlanta traffic accident attorney can help. These professionals will do a deep investigation of the accident scene to make your case strong.

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Understanding Negligence and Liability:

Before we go deeper into specific steps, it’s important to understand the legal terms. Negligence refers to the failure to act with the care a reasonable person would in a similar situation. It means showing that the other driver breached their duty of care towards you, leading to the accident and your injuries. Liability is the legal responsibility for the damages caused by that negligence.

Essential Steps for Determining Negligence

Collecting Evidence

Establishing negligence needs solid evidence. Below are the steps to follow:

Take Medical Help Immediately

Prioritize your health and document your injuries with medical records.

Document Accident Scene

Take pictures of the damage to your vehicle and surrounding area, and capture skid marks, traffic signs, and any visible injuries. Or you can take the assistance of a reliable vehicle collision lawyer in Atlanta. They can guide you in documenting the incident.

Exchange Information

Obtain the other driver’s name, insurance details, and contact information of any witnesses.

File a Police Report

A police report will document the accident scene, witness statements, and initial observations.

Collect Additional Evidence

Gather any dashcam footage, traffic camera recordings, or receipts related to accident-related expenses.

Key Factors for Determining Negligence

Multiple factors can help establish negligence in your case, some of these are listed below:

  1. Violation of Traffic Rules: Speeding, running red lights, distracted driving, or driving under the influence can significantly contribute to negligence.
  2. Accident Reconstruction : Experts can analyze the evidence to recreate the accident and determine the sequence of events, identifying the responsible party.
  3. Witness Testimonials: Statements from the witnesses who were there at the time of the incident can help you strengthen your case.
  4. Medical Records: Your medical records & receipts can document the extent of your injuries & link them to the accident.

Seeking Legal Help

While it is possible to navigate the legal process independently, getting help from a qualified personal injury attorney is recommended. These experts can:

  • Investigate your case deeply, as they have the right resources & expertise needed.
  • They can negotiate with the insurance companies for fair compensation & protect your rights.
  • If needed, they can represent you in court & fight for your rights in a legal setting.

Understanding Atlanta’s Fault System:

Georgia operates under a comparative fault system. It means both parties share responsibility for the accident based on their percentage of fault. It can significantly impact your compensation. An experienced Atlanta traffic accident attorney can help determine your fault percentage and assess your claim’s strength.

Statute of Limitations

In Georgia, there is a limited timeframe, known as the statute of limitations, within which a personal injury lawsuit must be filed. Legal procedures can be initiated by victims generally two years after the date of the accident. Failing to meet this deadline could result in the denial of the right to seek compensation.

In The End

Remember, proving negligence and liability after a traffic accident can be complex. So, it is advisable to consult with a qualified vehicle collision lawyer in Atlanta to discuss your specific case and understand your legal options.

By taking proactive steps, gathering evidence, and seeking legal counsel, you can increase your chances of receiving the compensation you deserve after a car accident in Atlanta.

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How Karma Injury Law Firm Can Help?

Insurance companies aim to downplay your injury claim by rejecting responsibility for their driver’s actions. If you or your loved one has suffered injuries in a car accident caused by a speeding driver, it’s essential to consult with one of our attorneys regarding your legal rights. We have a team of experienced attorneys who know how to deal with such cases & guide you well.

Having a traffic accident expert supporting your case can significantly enhance the potential compensation you may receive when settling your vehicular accident claim linked to another driver’s negligence.

Act NOw

You must file your claim within two years from the accident date.
Failure to meet this deadline may result in losing your right to recover damages.