Cohen & Sinowski
Cohen & Sinowski

How Is Fault Determined In a Car Accident?

  • Published: June 20, 2018

Georgia is a “fault” state, which means a driver who is at fault for causing the car accident is liable for the injured party’s medical bills, property damage, and any other injuries incurred. However, it is not always easy to determine which driver caused the accident. If you have been injured in a car accident and believe the other party was at fault, contact an experienced car accident attorney immediately to review your case and determine whether the other party was at fault in your accident.

Fault In T-bone Accidents

Most t-bone accidents are caused by driver negligence. Specifically, t-bone accidents occur most frequently when one driver fails to stop at a stop sign or traffic light. In some cases, the driver might be distracted and fail to see an oncoming vehicle, and in other cases, the driver might be driving recklessly and fail to adhere to road signs altogether.

In order to determine who is at fault in a t-bone accident, all the facts and circumstances of the case must be carefully analyzed. An experienced car accident attorney will be able to analyze these facts and circumstances for you and help you obtain a full recovery.

Fault In Changing Lane Accidents

When a driver changes lanes abruptly or fails to signal the lane change, a resulting sideswipe car accident can occur. Since drivers in Georgia are required by law to ensure safe conditions before changing lanes, the driver who is making the lane change when the accident occurs is typically considered the at fault driver.

Fault In Rear-end Accidents

Although you might be tempted to assume that the driver in the back car is at fault for causing a rear-end accident, it is not always that simple to determine fault. While it is true that many rear-end accidents are caused by the driver in the back car following too closely behind the front car, there are a couple of circumstances when the driver in the first car might be at fault for causing the rear-end accident.

The first scenario when the driver in the front car may be at fault is if the front car had a malfunctioning part that caused it to stop abruptly or fail to warn the driver in the back car that the front car was stopping. For example, a car that has malfunctioning brake lights can be liable for causing an accident because any cars driving behind that car will not have any notice that the car is stopping.

The second scenario when the driver in the front car may be at fault is if the driver in the front car abruptly stops for any number of reasons. For example, the driver in the front car might realize at the last minute that he needs to make a turn at the next street but does not have enough time to make a proper slow down before turning. In this case, the driver in the front car may be liable for causing the accident.

As you can see, determining fault in a car accident can be quite tricky. That’s why you’ll want an experienced car accident attorney to review your case and determine all possible theories of liability in order to obtain a full recovery for you. If you or a loved one has been injured in a car accident, call us today at (404) 383-8835 for your free case review, or contact us online.

Cohen & Sinowski

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