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Jason R. Schultz P.C

Proving a Distracted Driver is at Fault for Your Accident


Blog Category:
12/31/2010
JRS Staff
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Although the Governor's Office of Highway Safety in Georgia (GOHS) reports that the overall number of Georgia car accidents is dropping, unfortunately, there are still more than 300,000 car crashes a year in the state. A Fayetteville car accident attorney can help you understand how fault and liability are determined after an accident, and how they will apply specifically to your case.

When another party acts irresponsibly (i.e., texting while driving, applying makeup in the rearview mirror, etc.), and their negligent behavior causes an accident, they can be held liable for the damages that the victim incurs. However, you or your Fayetteville car accident attorney will have to prove that the distracted driver's behavior was to blame.

A few established rules regarding fault may greatly impact the outcome of your injury claim after a car accident in Georgia:
 

  • Duty - if you were not where you were supposed to be, or knowingly entered a situation likely to cause an accident, the negligent driver may not be held liable.
  • Comparative negligence - if you were also partly responsible, your compensation will be reduced by your own percentage of fault. Additionally, you can only recover compensation if the other party is found 50% or more at fault for the car accident.
  • Employers - the negligent driver's employer may be held liable in some situations if the accident occurred while the driver on duty. 


In many cases, proving the other driver's fault involves obtaining and analyzing evidence that supports your version of the events. In some cases, such as when a motorist is using a cell phone while driving, you can prove their negligence through evidence such as cell phone records. But other times proving fault can be difficult, especially if you aren't sure type of evidence can help or hurt your injury claim. That's where a Fayetteville car accident lawyer can make all the difference.

You can learn more about distracted drivers and establishing driver negligence by visiting our article library. 

Hiring a Fayetteville Car Accident Attorney

As the victim of a Georgia car accident, you have rights that the insurance companies cannot ignore. While they have a team of lawyers working on their side, shouldn't you have experienced legal representation fighting for your best interests? Before accepting any settlement offer, contact the Law Offices of Jason Schultz to schedule a FREE consultation on your case - 404-474-0804.



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