Calvin Smith Law - The Injury Lawyers

How to Tell Who Is at Fault in a Car Accident

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Who is at fault in a Georgia car accident is a crucial point to be determined because of its far-reaching effects on the crash settlement. Georgia’s car accident laws are fault-based. A fault-based system means that the driver who contributed the most to the collision will be held responsible for the damage caused to the other party.

Therefore, it is necessary to know how to tell who is at fault if you get involved in a car crash. Ignorance of this may lead you to be falsely blamed for an accident. False blames will likely rob you of the compensation due to you.

You may even now have to pay the at-fault driver. That’s why it is best to engage a car accident attorney in Georgia to help you determine the negligent driver and get you the compensation you deserve.

6 Ways to Prove Who Is at Fault in a Car Accident

We have outlined six simple ways to determine fault after a car accident in Georgia below.

Apparent Traffic Violations

Proving fault in a car accident is most straightforward when one party violated any traffic laws or rules. Most times, the accident wouldn’t have occurred but for that civil disobedience. Possible traffic law violations would include over speeding, ignoring road signs and traffic lights, DUI driving, etc.

For instance, where a driver missed a red light and hit an oncoming car, that driver is the cause of the accident. All you need do is narrate this disobedience to the authorities and the relevant insurance carriers to establish the party’s fault.


The use of eyewitnesses has to be the oldest form of determining who is at fault in a car accident. Onlookers at the accident scene may point out the driver who made the mistake that caused the accident. Eyewitnesses will include other motorists, passersby, pedestrians, any law enforcement agents, etc.

Video Evidence

Video evidence is another form of determining fault in car accident claims. This method is more reliable than eyewitness testimony and can be gathered through various media. For instance, many roads in Georgia are equipped with security cameras.

If your accident was captured on CCTV, then an examination of the tape will most likely point out who was at fault. There are other means of obtaining accident scene footage, including:

  • Dashboard cameras installed by drivers on their vehicles;
  • Cameras in surrounding establishments such as homes, businesses, gas stations, etc; or
  • Smartphone videos from eyewitnesses.

An experienced car accident lawyer knows to check for possible video recording of the crash scene. With video footage, the fault is usually easy to prove and difficult to deny.

The Police Report

Many car accidents in Georgia end up being investigated by the police. The police have the resources to dig in-depth and determine who caused the occurrence. After their investigation, the report is usually accessible by the public.

So, you don’t have to bother about ascertaining who caused the accident. Allow the police to do that for you. Anyone indicted in the police report is most likely the cause of the accident. However, police reports can sometimes be mistaken or inaccurate. In such cases, it can be challenged by an independent expert.

Vehicular Damage

The damage sustained by the vehicles involved in the accident and the location of such damage can give reliable leads to the cause of the crash. For instance, where one of the cars suffers a rear-end defect while the other vehicle bashes its front, it is clear that the vehicle with the front damage is at fault. This method isn’t always foolproof because the front driver may have also caused the accident, especially if he/she made an abrupt stop without warning rear drivers.

A Car Accident Reconstruction Expert

When determining fault in car accidents gets too tricky, interested parties can resort to a car accident reconstruction expert. These experts utilize their knowledge of physics, engineering, and dynamics to determine the accident’s cause. A crash expert will carry out an extensive examination of the damage and even sometimes re-create the scene to understand what happened.

Unsure As to Who Caused Your Accident? Let Calvin Smith Law Help You!

If you survived a car accident that you believe wasn’t your fault, the next thing you should do is to hire a car accident lawyer in Georgia. The methods of proving the fault mentioned above may appear straightforward. However, without any experience, it will be challenging to go about this on your own.

Our attorneys at Calvin Smith Law can apply their many years of experience in helping car crash victims to your case. So, call us today to schedule a FREE consultation.

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