How Can I Prove Another Driver Was Responsible for My Injuries?
A car accident can change your life in an instant. Serious injuries can leave you with high medical bills, lengthy recovery time and no way of earning an income. After an accident, it can be very difficult to return to life as you once knew it in Atlanta. The good news is that you can file an injury claim for damages if someone else caused your injuries. This compensation can help you to get back on track. Unfortunately, it’s not always easy to get the money you deserve. It is often necessary to hire an Atlanta car accident lawyer to prove negligence on the other driver.
How an Atlanta Auto Accident Attorney Will Work to Prove Negligence
In order to hold the other driver responsible, you must establish that they were negligent. You must then prove that their negligence directly led to your injuries. Negligence refers to any action that a reasonable person would have avoided or expected and addressed. Negligent actions include:
- Failing to yield
- Running red lights or stop signs
- Driving while under the influence of drugs or alcohol
- Driving while texting or otherwise using the phone
Even though it may have been obvious to you that the driver was negligent, they may claim otherwise. The police and your attorney will have to rely on eyewitness accounts and physical evidence to determine what really happened. Your lawyer may even call on an accident scene reconstructionist for expert advice. In addition, witnesses may have seen the other driver using a phone or running a red light. Investigators may also notice a lack of tire tracks which could suggest the driver didn’t break when they should have. If you’re lucky, there may be cameras in the area which captured what happened. If the driver is denying liability, it is important that you find another way to prove that they were negligent.
Proving That Negligence Led to the Accident
Simply showing that the driver was negligent won’t prove they were responsible for your injuries. With the help of your lawyer, you must establish a clear link between the driver’s actions and the accident. You should expect the driver to argue that even if they did act negligently, they didn’t cause the crash. Instead, they may suggest the accident was either unavoidable or partially someone else’s fault.
Georgia follows the modified comparative negligence rule. Ascribing blame to another party can reduce or completely eliminate the damages for which a defendant is liable. Under Georgia Code § 51-12-33, the defendant is only responsible for the portion of the damages they caused. Therefore, the driver’s insurance company is likely to try to put most of the blame on you. If you are found to be more than 50 percent at fault for your injuries, you won’t be able to get compensation. Your lawyer will work hard to reduce your share of liability if necessary.
How an Atlanta Car Accident Attorney Will Link the Accident to Your Injuries
The next thing you lawyer will seek to do is show the driver’s negligence was responsible for your injuries. This is why you need to go to the doctor immediately after your accident. You also need to keep a record of all the costs associated with your medical treatment. If you don’t have a medical report, the driver’s insurance company will suggest you got your injuries another way. They may also allege that you are exaggerating or even completely making up your injuries.
Your lawyer will be prepared for these types of defenses. They will advise you to keep all the evidence you have regarding your injuries. They will also caution you against discussing your condition with insurance adjusters or the driver’s insurance company. Anything you say to them is likely to be used against you. Depending on what you share, your damages may be significantly reduced or you may not get anything at all.
Contact the Attorneys at the Bethune Law Firm Today!
If you’ve been injured in an Atlanta car accident, you don’t have to handle everything alone. It can be difficult to understand the laws surrounding negligence and insurers will use your lack of knowledge against you. However, your chances of getting the compensation you deserve are higher when you have an attorney on your side. Good lawyers know exactly how to get the evidence you need and make a strong case on your behalf. If negotiation proves unsuccessful, they can file a lawsuit. Schedule a consultation with an Atlanta auto accident attorney at the Bethune Law Firm today. We can help you secure fair compensation.