Car accidents are something most of us have dealt with before or will deal with at some point in the future. If you are hurt in a car accident, the driver who caused the collision should have to foot the bill for your recovery, not you. Car accidents are known for being very expensive, and a lot of financial compensation might be on the line.
To prove your claims in court, we need evidence demonstrating how the other driver is responsible for the accident. Much evidence comes right from the scene of the accident, including photos, witness testimony, and sometimes video footage from security cameras or dashcams. While it might be tempting to try your case on your own, this is likely not a wise idea. Legal claims and cases are notoriously difficult, even for seasoned attorneys. A lawyer should have the knowledge and skills necessary to fight for your compensation. To start your case, talk to your lawyer about how your accident occurred. This might shed light on who is at fault and how we can prove it.
Speak to our Georgia car accident lawyers at Rice Law by calling (470) 287-3070 and get a free, private case review to start your claim.
How to Prove Your Claims in a Redan, GA Car Accident Case
Proving your claims in court will likely be challenging, and we need to plan the most effective legal strategies possible. This means finding evidence of the defendant’s negligence and preparing for possible arguments against you. If the defendant tries to turn things around on you and claims you caused the car accident, our car accident lawyers will be ready to prove otherwise.
Evidence
To begin our search for evidence, we should first examine any evidence you might have obtained from the crash scene. For example, you might have taken pictures of the accident and the damaged vehicles to send to an insurance company as proof of your damages. There is a possibility that your pictures contain valuable details we need to prove the defendant is at fault for the crash.
Testimony is also often a very important piece of evidence. Witnesses can testify about what they saw when the crash happened. They might be able to talk about who they saw driving, how fast they were going, and what they did that might have caused the collision. Your own testimony may also be very valuable. Only you can talk about things like your injuries, how much pain you felt, and how the accident affected your life.
Comparative Fault
Suppose the defendant argues that they should not be liable, or their liability should be reduced, because the plaintiff partially contributed to the accident. In that case, the court may apply laws regarding comparative negligence. According to O.C.G.A. § 51-12-33(a), if a defendant has evidence to show that a plaintiff contributed to their own injuries, the court may determine what percentage of the accident each party is responsible for. If a plaintiff is found to be partially at fault, their damages may be reduced in proportion to their share of blame. For example, if the court determines the plaintiff is 15% responsible for the crash, their overall damages award may be reduced by 15%.
According to subsection (g) of this law, if the plaintiff is at least 50% responsible for the accident, they may be barred from recovering any damages. This means you do not receive any compensation at all. To combat such claims, we need as much evidence as we can get that shows the defendant acted negligently while you did not.
How Your Redan, GA Car Accident Might Have Occurred
Understanding how your car accident happened may help us determine who is at fault and how we can prove it in court. There are probably thousands of ways in which a collision can happen. Talk to your lawyer about your crash. Review police reports about the incident if they have helpful details. The sooner we understand exactly what happened, the sooner we can start planning effective legal strategies.
Distractions
One of the leading causes of accidents across Georgia and the rest of the country is distractions behind the wheel. As we have become more and more dependent on our cell phones and other communication devices, it is becoming harder for drivers to focus on the road and not on screens. If you believe the defendant was texting while driving, making a phone call, or otherwise distracted before the crash, let your lawyer know immediately. Phone records might help us determine if the defendant was indeed on their phone during the crash.
Ordinary Traffic Violations
Many accidents stem from run-of-the-mill traffic violations that we are used to seeing regularly. Many of us have probably committed such a traffic violation at one point or another. While many ordinary violations feel harmless because they do not always cause accidents, it only takes one mistake to cause a disaster on the road. Maybe the other driver was speeding when they crashed into you. They might have been going so fast that they could not stop even if they tried. Maybe they ran a red light and hit you in an intersection. Anything is possible.
Drinking and Driving
Even though drinking and driving is prohibited by law, it does not stop some people from having a few too many before trying to drive home. Alcohol-related accidents are often severe because intoxicated drivers have dulled reflexes and cannot stop in time to avert a crash. They also tend to drive very fast without realizing it, weave between lanes, and drive in a generally erratic way. If alcohol were involved in your accident, the police would likely arrest the defendant and chemically test them to determine their blood alcohol concentration (BAC). We can use this evidence to prove your claims in court.
Speak to Our Redan, GA Car Accident Attorneys About Your Legal Claims
Speak to our car accident lawyers at Rice Law by calling (470) 287-3070 and get a free, private case review to start your claim.