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How To Prove Fault In A Car Accident: Kevin A. Adamson

Kevin Adamson |
Car Accident Proving Fault

Car accidents are unfortunately common occurrences on the roads of Duluth, Georgia. While some are minor fender-benders, others result in significant property damage, physical injuries, and emotional trauma. When you’re involved in a car accident, proving who was at fault becomes crucial for receiving compensation for damages. Understanding how fault is determined can make the difference between a successful claim and an unfavorable outcome. That’s where experienced personal injury attorneys like Kevin A. Adamson, P.C. come into play, guiding clients through the complexities of accident claims.

What Does It Mean To Prove Fault In A Car Accident?

In the legal realm, proving fault means establishing who was legally responsible for causing the accident. Fault is essential in car accident cases because it determines who is financially liable for damages. Georgia operates under a “fault” system, which means the driver who caused the accident (or their insurance company) is responsible for paying for the resulting damages.

This process is not always straightforward. There are many scenarios where both drivers may share some degree of responsibility, or where external factors like weather or road conditions play a role. As a reputable Duluth car accident lawyer, Kevin A. Adamson, P.C. has the expertise to navigate these complexities and help his clients gather the evidence they need to prove fault.

Steps To Prove Fault In A Car Accident

Understanding Georgia’s Comparative Negligence Rule

Georgia follows the comparative negligence system, which allows both parties to share a portion of the fault for an accident. However, under Georgia law, a plaintiff can only recover damages if they are less than 50% at fault for the accident. This means if you’re found to be 50% or more responsible for the accident, you cannot recover any compensation. If you’re less than 50% responsible, your compensation will be reduced by your percentage of fault.
For instance, if you were 20% responsible for an accident and sustained $10,000 in damages, your compensation would be reduced by 20%, meaning you would receive $8,000. Kevin A. Adamson, P.C. specializes in understanding how to reduce a client’s fault percentage to maximize their potential compensation. His firm ensures that fault is accurately assigned, which is critical in any Duluth car accident case.

Gathering Key Evidence

Proving fault in a car accident case hinges on the availability and quality of evidence. An experienced lawyer like Kevin A. Adamson knows exactly what evidence is needed and how to obtain it. Key evidence in car accident cases often includes:

  • Police Reports: After an accident, the responding police officers will file a report documenting their findings and observations. This report often includes their assessment of who was at fault, based on the information gathered at the scene. While not definitive, it can be a crucial piece of evidence in your case.
  • Eyewitness Testimonies: Witnesses who saw the accident happen can provide valuable testimony about how the accident occurred and who they believe was at fault. Gathering statements from witnesses immediately after the accident is critical, as memories fade over time.
  • Photographs and Videos: Visual evidence from the accident scene can help establish fault. This includes photographs or videos of the accident, damage to the vehicles, road conditions, skid marks, and any other relevant factors. If surveillance cameras were in the area, your lawyer can work to obtain footage that may provide clear evidence of how the accident unfolded.
  • Accident Reconstruction Experts: In cases where fault is heavily disputed, accident reconstruction experts may be brought in to analyze the scene and reconstruct how the collision occurred. These experts use physics and engineering principles to determine factors such as vehicle speed, point of impact, and whether any traffic laws were violated.
    • Kevin A. Adamson and his team work meticulously to gather these types of evidence to build a compelling case for their clients.
    • Traffic Laws and Violations
      One of the most straightforward ways to prove fault in a car accident is to demonstrate that the other driver violated a traffic law. Common traffic law violations that result in accidents include:
  • Speeding
  • Running a red light or stop sign
  • Failing to yield the right of way
  • Following too closely (tailgating)
  • Distracted driving, such as texting while driving
  • Driving under the influence of alcohol or drugs

If you can prove that the other driver violated a traffic law, this will be strong evidence of their fault. A violation like running a red light is a clear indication of negligence. Your attorney will review all applicable traffic laws to see if the other driver was in violation at the time of the accident.

Medical Records And Expert Testimony

If you were injured in a car accident, your medical records can also be used to help prove fault. For example, certain types of injuries are commonly associated with particular types of accidents. If your injuries are consistent with being hit from behind, this may suggest the other driver was at fault for rear-ending you.
In some cases, expert testimony from medical professionals can be used to further strengthen your claim. They can explain the extent of your injuries and how they relate to the accident, helping to establish the severity of the impact and the responsibility of the at-fault driver.

Comparing Damage To The Vehicles

The location and extent of the damage to both vehicles can also provide important clues about who was at fault. For example, if the damage to your vehicle is primarily on the rear, this may indicate that you were rear-ended, which is almost always the fault of the other driver. Experienced attorneys like Kevin A. Adamson know how to analyze vehicle damage and use it as part of a strategy to prove fault. They also have access to auto experts who can examine the damage and provide professional opinions on how the accident occurred.

Insurance Company Investigation

After a car accident, insurance companies will conduct their own investigations to determine fault. This often involves reviewing the evidence collected by both parties, interviewing witnesses, and examining the accident scene. However, it’s important to remember that insurance companies are businesses, and their goal is to minimize the amount they pay out in claims.

Having a skilled Duluth car accident attorney on your side can ensure that the insurance company’s investigation is thorough and unbiased. Kevin A. Adamson, P.C. can negotiate with the insurance company on your behalf and present a compelling case to ensure you receive the compensation you deserve.

How Kevin A. Adamson, P.C. Can Help Prove Fault In Your Duluth Car Accident Case

Navigating the legal landscape after a car accident can be overwhelming, especially when you are dealing with physical injuries and emotional stress. Proving fault requires careful attention to detail, a deep understanding of Georgia traffic laws, and the ability to gather and present evidence effectively. That’s where Kevin A. Adamson, P.C. excels.

With years of experience handling personal injury cases in Duluth, Georgia, Kevin A. Adamson knows how to build strong, evidence-backed cases for his clients. He understands the nuances of Georgia’s comparative negligence law and knows how to fight back against claims that his clients were partially at fault for an accident.

His firm takes a hands-on approach to each case, conducting thorough investigations, gathering all necessary evidence, and working with accident reconstruction experts and medical professionals to strengthen the client’s claim. In addition, Kevin A. Adamson, P.C. provides compassionate representation, ensuring that clients understand their rights and options at every step of the process. Click Car Accident Injuries: Common Injuries And Treatment for more details.

Whether your car accident case involves minor injuries or more severe consequences, Kevin A. Adamson is prepared to advocate on your behalf. His experience and knowledge of how to prove fault can be instrumental in helping you receive the compensation you need to recover and move forward with your life.

Conclusion

Proving fault in a car accident is a complex but crucial element of personal injury claims. Without clear evidence of who was responsible, recovering compensation can be challenging. However, with the assistance of a skilled attorney like Kevin A. Adamson, P.C., you can build a strong case and improve your chances of receiving fair compensation for your injuries and damages.

If you’ve been involved in a car accident in Duluth, don’t wait to seek legal representation. Contact Kevin A. Adamson, P.C. today to discuss your case and learn how he can help you prove fault and secure the compensation you deserve.