If you have been in a car accident in Kennesaw or Acworth, Georgia, one of the primary factors that will determine whether you can make a claim will be who was negligent or at fault for your accident. Victims of car accidents are permitted to make claims for their medical expenses, lost wages, and pain and suffering damages. Liability is the legal term that refers to who is to blame following an accident. Sometimes one driver alone is to blame. More often both drivers involved in an accident will share the blame. When making a personal injury claim in Georgia, victims are permitted to seek damages corresponding to the other driver’s percentage of blame, as long as the other driver is 51% or more at fault for an accident.
If you have been in a car accident in Acworth or Kennesaw, Georgia, one of the biggest challenges you might face will be in determining who was at fault for your crash. In many cases, this comes down to making a strong argument in court because determining fault may involve subjective factors. Imbriale Injury Law are Kennesaw and Acworth, Georgia personal injury lawyers who may be able to help you with your claim following a crash.
What are Some Factors That Can Impact Liability in Georgia?
There are several factors that can be considered when determining who is at fault for a crash in Georgia. Imbriale Injury Law can review your case and help you seek justice if you’ve been hurt. Here are some common causes leading to car accidents where fault can be determined:
- Distracted Driving. In 2017 alone 3,166 people were killed in distracted driving accidents, according to the National Highway Traffic Safety Administration. While cell phone use and texting and driving are among the leading causes of distracted driving, anything that pulls your focus away from the road can be considered distracted driving. This can include eating and driving, plugging coordinates into a map, talking, or changing music on your phone or on the radio. Imbriale Injury Law are personal injury attorneys in Acworth and Kennesaw, Georgia who may be able to help you build a case if you believe distracted driving may have been a factor in your accident.
- Drunk Driving. According to Mothers Against Drunk Driving, drinking and driving kills an estimated 10,876 people each year. When police suspect that drinking and driving might be a factor in an accident, they may test one or both drivers for substances. If the other driver was drunk or drinking, he or she may be liable for paying for your injuries, medical costs, lost wages, and pain and suffering damages.
- Violating the Law. Posted speed limits are set for a reason. When drivers speed, run stop signs, run red lights, or otherwise violate the law, accidents can happen. If police determine that the other driver broke the law or if you can show that the other driver violated the law by other evidence, you may be entitled to seek damages for your losses.
- Drag racing, speeding, and road rage can all lead to accidents. If another driver’s misuse of his or her vehicle resulted in a crash leading to injuries and losses, you may have the right to make a claim under the law.
- Younger drivers are more likely to make mistakes behind the wheel. Inexperience can lead to accidents. This is why younger drivers often pay more in insurance premiums. Inexperienced drivers are considered a higher risk.
- Drowsy Driving. Driving while sleepy can be just as dangerous as drunk driving. While it can be challenging to prove that a driver might have been tired behind the wheel, if there is evidence that a driver just finished a long shift, or evidence that the driver had been on the road for some time before your accident, you may be able to prove that drowsy driving resulted in your crash.
- Hazards of the Road. Unsafe road conditions can lead to crashes. Cities and local municipalities have a responsibility to regularly repair roads. When they hire companies that cut corners, accidents can happen. While it can be challenging to pursue a personal injury claim against the state due to sovereign immunity laws that protect the state from lawsuits, there are situations where a personal injury lawyer may be able to help you. Contact Imbriale Injury Law, personal injury lawyers in Acworth or Kennesaw, Georgia today.
These are just some of the factors that can lead to car accidents and some of the ways that a driver can be at fault for a crash. If you have been hurt in an accident in Georgia, you may only have a limited amount of time to make a claim under the law. Contact Imbriale Injury Law, personal injury lawyers in Acworth or Kennesaw, Georgia today to learn more about your options and rights.