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How is Car Accident Fault Determined in Georgia?

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If you’re wondering how you will prove a motor vehicle collision was the fault of another driver, you might benefit from the legal services of a car accident law firm serving Georgia, Butler | Khan. We represent victims of auto accidents who suffer egregious injuries from the negligent actions of another person. With the help of our car accident lawyer, you can file an injury claim that provides inarguable proof that the at-fault driver is responsible for paying your injury-related costs. We offer victims a confidential, no-cost initial consultation to review your case and let you know how our car accident law firm in Georgia, might be able to assist you with this.

Georgia Personal Injury Claims

By law, when a person is injured due to the negligent careless actions of another party, the victim has the right to seek compensation for their “damages.” Damages in the context of an auto collision may include far more than repairs to the victim’s automobile. With the help of our Georgia car accident law firm from Butler Kahn, you can seek compensation for physical, emotional, and other damages. We have negotiated significant settlements on behalf of clients who suffered terrible injuries through no fault of their own. We may be able to help you too. Learn how by contacting us for a free consultation.

Recovering Damages

Our car accident law firm for Georgia is adept at determining the full extent of a client’s damages. With a thorough understanding of what qualifies as compensatory damages, we may determine that your injury-related costs are even higher than you realize. This can result in receiving a much larger settlement than you might get on your own. In addition, our car accident lawyers have many years of experience in negotiation tactics and real-world interactions with insurance companies. When an insurance carrier refuses to act in good faith, it can be a confusing and frustrating experience for the accident victim. Butler | Khan aggressively protects our client’s best interests and legal rights. If an insurance carrier refuses to offer our client a fair settlement, we will be prepared to take them to court. We make every effort to avoid litigation, but if it becomes necessary, we are not afraid to pursue this avenue.

Determination of Liability in Car Accident Cases

When pursuing compensation for damages, it’s important to make a clear case as to who caused the car accident. Without first establishing liability, the at-fault individual’s insurance company is not likely to offer you a settlement. Our Georgia car accident law firm, Butler Law Personal Injury Attorneys, has seen this occur many times. In developing a strong case for receiving compensation, our legal team will use any of the following information if it’s available and include it in our client’s injury claim:

  • A police report of the accident. Very often, the responding law enforcement officer will investigate the accident and can determine how it happened and who was responsible for causing it.
  • Eyewitness accounts of the accident. In addition to people named in the police report, there may be others who also saw what happened.
  • Physical evidence. In addition to evidence left at the scene such as skid marks, the vehicles involved in the accident may offer evidence such as paint scrapes, dents, and other information that can help establish who was at fault.

If you were injured in a car wreck, defend your right to compensation from the party who caused the accident which led to your injury. Call today for a free consultation with an experienced attorney at a motor vehicle collision law firm in Georgia, Butler Kahn.

How Do I Prove Fault After a Car Accident in Georgia?

One of the top reasons to hire an auto accident lawyer after you’ve been involved in a collision is because you may be entitled to financial damages — but you’ll likely need to prove fault in order to do so. Proving that you were not responsible for causing the car accident, or that another party holds the majority of the responsibility, is one of the most important parts of an accident claim.

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Fault vs. No-Fault States

First, you’ll need to know if you live in a fault state or a no-fault state. In no-fault states, your own insurance company is responsible for paying your claim regardless of whether you were at fault or not. You likely won’t be dealing with another party’s insurance company directly. In fault states, you’ll have to file a claim with the insurance company of the responsible party.

In either case, it’s still wise to speak with a car collision lawyer before filing any paperwork. You’ll likely be required to submit documentation of your injuries and written testimony of what occurred, at the very least. You may be asked to submit more supporting evidence or an insurance adjuster might contact you to discuss the accident in more detail. An Atlanta personal injury lawyer can screen some of these communication efforts and ensure that you aren’t accidentally doing or saying something that would harm your claim.

Proving Negligence

If you live in a fault state, or even if you’re involved in a car accident in a fault state, you might yourself be faced with the task of proving negligence. “Negligence” is the legal term that may be used when discussing the process of proving fault. In the legal sense, negligence refers to the concept that someone else had a duty of care towards you and that they failed to fulfill this duty of care, resulting in your injuries.

Supporting Documents for Proving Your Claim

There are some very important documents that can help to support your claim, and the good news is that you probably already have some (if not all) of these documents.

  • Police report: You likely encountered a police officer at the scene of the accident and they will have created an official accident report. In some cases, when the cause of the accident is clear or when one party admits fault, the police officer will note this in the report.
  • Video or photo evidence: This can be evidence collected from other sources, such as a business’ security camera, or it can be photos and videos that you yourself have taken. There are often many details at the scene of an accident that hint at how the accident occurred. Even if you don’t notice these details immediately following the accident, preserving the scene through photo evidence will allow you, your lawyer, or a forensic analyst to re-examine the scene later on.
  • Medical reports and bills: If you’ve seen a doctor or you sought any medical treatment for your injuries, you might already have some medical documentation or you can request it. These documents can show what you’ve been diagnosed with, any diagnostic tests you’ve received, any prescription drugs you’ve been prescribed, or any recommended treatment plans you’ve been given. All of this information can help substantiate your claim that you’ve been injured — and that the injury was a result of the accident.

If you have been injured in a crash, contact a car accident lawyer in Georgia, which clients recommend from the Butler Kahn to find out what legal options you may have.


“Jeb and his firm always kept us well informed through the entire process by never hesitating to contact/meet with us. From day one Jeb was extremely diligent in working on this case. He was sure to not over look any details, and was prepared for anything that could come his way during the case. Overall Jeb was quite an asset to my family in winning our case.” – KAREN

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