If you suffered harm in an accident when merging or changing lanes, you must prove negligence and liability. This involves showing that because another party acted carelessly or recklessly, you were injured and suffered harm. Proving liability is crucial to recovering compensation for your injury-related losses.
While recovering from a life-altering condition, you might not have the time or energy to deal with a case on your own. Now, you have the chance to partner with an accident lawyer. They can prove fault, liability, and negligence to recover what you need.
What Goes into Proving Liability for an Accident?
Recovering compensation for an auto accident involves proving negligence. This means showing:
- Another party should have operated with care and caution while using a roadway.
- Another party acted carelessly or recklessly, putting others at risk of harm.
- The other party caused most of your car accident.
- You have suffered injuries and various financial losses.
Many clients ask us: “What constitutes a reckless or careless action?” Any action that could cause an accident constitutes negligence. Examples include:
- Not checking for clearance before merging or changing lanes
- Failing to check blind spots
- Moving too quickly into another lane (or too slowly)
- Failing to use a turn signal
- Crossing more than one lane of traffic at a time
- Cutting off other drivers
- Being distracted, such as using a cell phone or texting
Nonetheless, you’ll need solid evidence to support a claim if you are to recover compensation from the other driver and their insurance carrier. A Georgia accident lawyer can gather the evidence needed to support your case and present a comprehensive argument to the liable insurance company.
You Can Prove Fault and Liability Using Evidence
You need evidence to support your case, including:
- The accident report
- Testimony from eyewitnesses
- Photos and videos of the accident scene
- Traffic camera footage
- Accident reconstruction data
- Forensic evidence
With the information we find, we must assert that another party’s actions caused your collision.
For a free legal consultation, call (404) 888-8888
Can Both Drivers Share Fault for an Auto Accident?
Georgia is a modified comparative negligence state, per O.C.G.A. § 51-11-7. This means you could receive damages if you were partially responsible for the collision. However, your percentage of fault cannot exceed a certain amount.
For example, if it’s determined that you were 49% at fault, you could receive compensation equal to 51% of the damages. Therefore, if your damages were $100,000, your award would be decreased to $51,000. You nor the other driver will collect anything if you are found equally (50%) at fault.
You Can Recover Every Expense Related to Your Accident
Recoverable damages in your case could include past, present, and future economic losses, such as:
- Medical expenses, including future surgeries
- Lost wages and other job-related benefits, such as tips and bonuses
- Pain and suffering and inconvenience
- Disability and scarring
- Property damage costs
- Funeral and burial expenses
- Loss of consortium and other household benefits
- Mental anguish
- Child supervision costs
- Transportation expenses
Based on the severity of your injuries, financial obligations, and missed time from work, you could recover other losses than those listed here. It all depends on your situation.
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Why Partner with an Injury Lawyer on Your Car Accident Case?
Proving the cause of your accident can quickly get overwhelming—especially if you’re dealing with serious injuries. While you focus on your personal well-being, an injury lawyer from our firm will:
- Gather the information needed to support your case
- Prove the cause of your accident
- Request damages from the liable party
- File your case within the applicable statute of limitations (O.C.G.A. § 9-3-33)
- Apply state and federal law to your case
- Determine what you’re owed
- Manage everything your case requires
Our car accident team also works on a contingency-fee basis, meaning that our clients don’t pay anything up front for our help. We only request our attorney’s fees once we’ve successfully resolved your case.
Considerations After Your Car Accident in Georgia
After suffering harm in a collision, you want to do everything possible to heal from your condition. You also want to lay the foundation for the strongest possible case. This involves:
- Seeking medical care and adhering to your treatment plan
- Keeping track of your injury-related damages
- Refraining from sharing information about the incident online
- Referring the claims adjuster to your car accident lawyer
- Limiting communications with the involved parties
- Taking photos of your car’s damage
- Writing down what you remember before, during, and after the accident
Get Legal Help for a Merging or Lane-Change Accident
If you were injured in a merge or lane-change auto accident, contact Bader Scott Injury Lawyers for a free and confidential case review.
During our no-obligation discussion, we can explore your financial recovery options, the collision’s cause, and other facts of your situation. We can also explain the merits of partnering with our team and considering legal action as soon as possible.