Establishing liability is one of the most critical aspects of any personal injury case. In a head-on collision, fault typically lies with the driver who crossed into oncoming traffic, but proving this requires careful evidence gathering.
Proving Fault
Your lawyer will investigate the crash using:
- Police reports that document the scene and officer observations
- Eyewitness statements to confirm how the crash occurred
- Accident reconstruction experts who analyze skid marks, vehicle positions, and other physical evidence
Georgia’s Modified Comparative Negligence Rule
Georgia follows a modified comparative negligence system, meaning:
- If you are found less than 50% at fault, you can still recover damages.
- Your compensation is reduced proportionately by your percentage of fault.
- If you are 50% or more at fault, you cannot recover damages.
For example, if you are awarded $100,000 but deemed 20% at fault, your final recovery would be $80,000.
Importance of Timely Evidence
Insurance companies often try to shift blame onto victims to reduce payouts. However, an Atlanta car accident lawyer knows how to protect your rights and defend against these tactics using compelling evidence. Weatherby Law Firm ensures that video footage, witness accounts, and vehicle data are preserved and leveraged before they fade or disappear entirely.