October 3, 2024

Why Does Negligence Matter? Insights From a Car Accident Negligence Lawyer in Georgia

All motorists must drive carefully to avoid injuring others. Failing to do so counts as negligence and might make the driver responsible for any losses if their carelessness causes an accident. Your car accident negligence lawyer in Georgia will need to show that the other side was at fault before settlement negotiations even start.

What Is Negligence?

Negligent driving is any type of road behavior that puts others at risk. If drivers don’t exercise reasonable care to prevent an accident, Georgia law holds them liable for the victim’s damages. 

Negligence can look like action, such as speeding or texting behind the wheel, or inaction, such as failing to keep enough distance from other cars.

Note that negligence doesn’t imply intentional conduct. Most drivers who cause accidents never mean to harm anyone. Nevertheless, if someone’s carelessness leads to your accident, they’re responsible for covering your medical bills, missed days at work, and other related losses. 

Proving Negligence

Car accident claims in Georgia work on an at-fault basis, which means the responsible driver’s insurance will step in and compensate the victim. Therefore, proving negligence is crucial. It’s important to involve an auto accident negligence lawyer in Georgia early in the process, while evidence is fresh and easier to source. 

Essentially, you’ll need to show that:

  • The other driver wasn’t reasonably careful. For example, maybe they failed to yield the right of way or didn’t signal when switching lanes.
  • The other driver’s action caused your accident. If the accident happens for another reason, like a pothole, the careless action may not be enough to prove liability.
  • Your accident led to measurable losses, like medical costs, car repairs, or missed wages.

Important Evidence for Negligence Cases

You can expect insurance companies to go over your claim with a fine-toothed comb and look for any loophole that would allow them to avoid paying you. You’ll need a competent car collision attorney in Georgia to protect your interests. 

When a car accident negligence lawyer in Georgia starts working on your case, they’ll gather all available evidence, such as:

  • Photos of the accident scene
  • Any available traffic camera or dash cam footage documenting the incident
  • The police report of the accident
  • Statements from people who saw the collision
  • Your medical records
  • Pay stubs, medical bills, and other proof of your expenses

If you’re facing a large and complex claim, your vehicle injury lawyer in Georgia may also recommend sourcing testimonies from medical authorities or other professionals who will confirm your losses.

Comparative Negligence in Georgia

What if both drivers share responsibility for the accident? In Georgia, you can claim compensation as long as you’re less than 50% at fault, though your settlement amount would be proportionally lower. For example, if your case is worth $100,000 and you’re 20% responsible, you’d collect $80,000.

The other side may try pinning the blame on you to pay you less or avoid paying at all. An experienced personal injury attorney in Georgia can help you stand up for your rights in this situation.

Call The Foster Firm To Consult a Georgia Car Crash Attorney

Do you believe another driver’s inattention or recklessness caused your accident? Call our legal team today. As experienced car wreck attorneys in Georgia, we know how to prove fault even in complex accident cases. We’ll use all available evidence to help you build a powerful claim and work hard to help you win compensation for your losses. Call 678-246-5879 or complete our online form for a consultation with a car accident negligence lawyer in Georgia.