For an accident, the driver who is at fault is typically responsible for the injuries and property damage. To get compensation for the harm caused by the accident, the injured party has to prove that the other party’s conduct caused the injuries.
However, determining fault is always a challenge in car accidents. But it can be even more complex for overtaking accidents. Car accident lawyers in Atlanta can provide you with legal assistance to pursue the compensation that you deserve for your car accident.
Here’s everything you need to know about determining fault in an overtaking accident.
Understanding Liability in Overtaking Accidents in Atlanta
When a vehicle attempts to overtake another, it is important to exercise caution and patience. Reckless driving in these situations can lead to tragic accidents. Determining fault in these types of accidents is not always straightforward. Though you may assume that the overtaking vehicle is at fault, that is not always the possibility. There are many factors to consider, including how the collision occurs, the speeds involved, visibility conditions, and more.
Key Responsibilities of the Overtaking Driver
The overtaking driver trying to pass the other has some responsibilities to ensure the process can be done safely. This includes:
- Ensuring there is no obstruction to the flow of traffic
- Ensuring that the speed is safe for the conditions present
- Checking the road space available is safe for another driver to complete the pass
If a driver fails in these responsibilities, they may be held liable for an accident that occurs.
Responsibilities of the vehicle Being Overtaken
The vehicle being overtaken has some responsibilities as well to allow the other driver to pass safely. If the vehicle that is being passed does not provide safe passage, it can be held liable for the damage that occurs. The duties of the vehicle being overtaken include:
- Not obstructing the overtaking vehicle
- Maintaining a consistent speed to ensure the transition is completed safely.
- Activating the property turn indicator before turning or changing lanes
If the vehicle that is being passed violates these responsibilities, the liability may be shared or in some cases, they could be found completely at fault.
Common Reasons for Overtaking Accidents
Of the different types of crashes, overtaking accidents often have very serious consequences. These accidents can happen due to various reasons such as:
- Aggressive driving by one or both drivers
- Distractions during the transition
- Intoxication that leads to misjudgment of oncoming traffic
Consulting a Car Accident Attorney in Atlanta
Determining liability in overtaking accidents is often complex which involves evaluating the specific circumstances. Gathering evidence in the aftermath of an overtaking accident is a crucial task that requires prompt and careful attention. Whether it is a skid mark on the road or a bystander’s testimony, each piece could be pivotal to determining the fault.
Conclusion:
Having an experienced car accident lawyer in Atlanta on your side can help you navigate the situation. Based on all circumstances surrounding the incident and gathering all evidence, your attorney can prove that you were not at fault.
At Karma Injury Law, we bring clarity and confidence to your case, ensuring your interests are protected at every step. Schedule a consultation with our team of experienced lawyers in Atlanta for the support and guidance you need.