Georgia Personal Injury Trial Attorneys

Determining Fault in an Accident

By: Fry | Goehring

In the state of Georgia, fault-based insurance rules apply regarding auto accidents. This means that in an automobile collision, a fault must be assigned. Someone is responsible for having caused the accident due to negligence, failure to yield right-of-way, or violation of a traffic law.

Circumstances surrounding the accident may offer proof of liability. For instance, if a driver rear-ends another vehicle, that driver is usually considered to be at fault. Eyewitness accounts, traffic signals, and the position of the vehicles involved can be useful in determining fault.

If you are involved in an auto collision, there are steps you can take that will help establish liability for the accident. You’ve just been through a painful and traumatic experience. You may not be able to think clearly or recall details later. Knowing in advance what to do will go a long way in determining fault and receiving fair compensation from the liable party.


If you are hurt in an automobile accident, you have a right to seek compensation from the at-fault party. The following steps will help:

  1. Get medical assistance – Your priority is to see a doctor, even if you don’t feel like you need one. Some injuries are not immediately apparent.
  2. Take photos – of any injuries, damages and the accident scene, including any traffic signals.
  3. Do not admit fault, agree to any settlements or speak to other involved parties before consulting an experienced personal injury attorney.
  4. Get contact information from eyewitnesses at the scene.
  5. Be sure to document all your injuries and medical treatment.
  6. Keep receipts for any expenses you incur related to the accident.
  7. File a police report, which will serve as an official legal document describing the circumstances of the accident. Information such as the location of traffic signals and where the vehicles were positioned at the time of the accident will help establish key factors like a right-of-way.

Other details relevant to your case may not be available or known, to you at the scene, like whether alcohol was a factor. This information will need to be obtained by your legal representative so that you may seek fair compensation. There may also be third parties who may be liable but not present at the scene, or even directly involved in the accident. Likewise, you may not have contact information for witnesses who can help in determining fault.

An experienced personal injury attorney will gather the pertinent facts needed to aggressively seek compensation for your injuries, pain and suffering.  Contact the Fry | Goehring for a free initial consultation today.