Determining Auto Accident Liability in Atlanta Crashes

Date: June 9, 2011By: Atlanta Auto Accident Lawyers | Car Accident

One of the most important steps after an Atlanta auto accident is to find out who was at fault for or who caused the accident, which is called “liability.” To receive compensation for damages as a result of an auto accident in Atlanta, an individual must prove who was at fault for the accident. Fault is determined by showing that one or more drivers violated a law. According to common law, there are four kinds of fault:

-Negligence: Careless conduct that leads to damage or injury. 

-Recklessness or wanton conduct: Ignoring the possibility of an accident and the safety of others.

-Intentional misconduct: Deliberately doing an action that an individual knows could harm someone or something, such as driving under the influence of drugs or alcohol, speeding excessively, or when a manufacturer knowingly sells defective or dangerous products.

-Strict liability: In auto accidents, this usually references auto defects, where fault is assigned to the manufacturer if the design was defective, warning was not adequate, and if the car was used in the designed way. 

There are some auto accidents where determining fault is very easy. For example, it is almost always the fault of the driver of a car that rear-ends another. In other circumstances, it is not so simple. If a car is turning left and is hit by a car going straight, it is almost always the turning car’s fault unless the other driver was speeding or ran a red light. In many cases though, the situation is much more complicated. In Atlanta auto accidents, it is possible that both drivers are partly at fault or that external factors such as road design, lighting, signage, or construction could have been partly to blame. In these situations, the level of fault of each driver is much more difficult to determine.

It is essential to compile evidence such as police reports, witness statements, blood alcohol level (BAC) tests, and cell phone records to prove who is at fault after a car accident in Atlanta. These can help provide proof that a driver or conditions made it difficult or impossible to avoid an accident, and thus help establish who caused the car accident. Proving that another driver violated a statute or breached common law is a strong step towards receiving compensation for damages as a result of an auto accident. 

Obtaining justice after an auto accident is often a complicated process, and you should assure that you have the highest quality legal representation possible. If you or a loved one has been involved in an accident, the dedicated Atlanta auto accident lawyers at Morgan & Morgan can help you determine who was at fault for your accident, and who is liable to pay the damages.