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Jason R. Schultz P.C

When a Negligent Driver Causes a Crash in Georgia (Part B)

According to highway safety statistics, Georgia experienced more than 300,000 motor vehicle crashes in 2008. If you've been in a car accident in Georgia, you may wonder what your options are and who carries accident liability. A Fayetteville car accident attorney can explain what legal options fit your specific circumstances to help you make an informed decision about seeking accident compensation.

Two useful tools that can help you and your Fayetteville car accident attorney make your argument for driver negligence include:
 

  • Police records - obtain a copy of the police record for your car accident in Georgia, which may contain important evidence about the distracted drivers' irresponsible actions and accident liability.
  • State traffic laws - violating a traffic law automatically establishes some form of negligence. Your Fayetteville car accident attorney can help explain what laws if any are applicable to your situation. 


You'll want to seek counsel from a Fayetteville car accident attorney to help prove fault if you've suffered from injuries in a car accident in Georgia because of distracted drivers. Due to the complexity of proving negligence to an insurance company, or if necessary, a jury in a court of law, the experience of a Fayetteville car accident attorney can be your most valuable asset.

Negligence in Car Accidents

When you've been in a car accident and believe the other party is responsible, you must be able to prove that they were at fault. This means you'll need to prove that the other driver was negligent either through their actions or inactions.   

Negligence is a failure to take reasonable care and act responsibly in a given situation when a person owes a duty of care to those around them. There are actually several vital components to proving negligence and therefore fault in a Georgia personal injury claim.

You and your Fayette car accident attorney will have to prove that: 

  • The other driver owed you a duty of care;
  • That the other driver violated this duty of care through their actions or inactions;
  • That had it not been for that driver's negligence, you would not have sustained injuries and damages; and
  • That you can prove the injuries and damages you are claiming. 


When a negligent driver causes a car accident, they either did something they should not have or failed to do something they should have. All drivers on the road owe a duty to safely share the road with other vehicles, so you can usually establish a duty of care rather easily in these types of cases. However, proving how the other driver violated that duty and how that violation specifically affected you through your injuries and other damages are the critical aspects of your Georgia personal injury claim.

When you meet with a Fayette car accident attorney and explain your potential case, they can look over the evidence you have available and explain the strengths and weaknesses of your potential Georgia personal injury claim. During this consultation your attorney will be thinking about how to prove the areas of negligence listed above. If any of those areas cannot be proven, i.e. - you can prove you were in a car accident but can't prove that the other driver caused it or can't prove the damages you are claiming, then you won't be able to recover compensation.

If you've been in a car accident in Georgia, your primary focus will be on recovering and recuperating from your injuries. Obtaining legal assistance from an experienced Fayetteville car accident attorney can allow you to focus on healing while your attorney handles the complicated legal paperwork and insurance settlement negotiations on your behalf.

Contacting 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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