Calvin Smith Law - The Injury Lawyers

How To Prove You Are Not at Fault in a Car Accident in Georgia

fatal-Crash in Savannah

No one wants to imagine being in a car accident, let alone being at fault in one. Not only are most car crashes fatal, they often lead to lengthy litigation processes. Car crashes occur more often than you may think. According to Statista, there are about 280 million vehicles and 227.5 million licensed drivers in America.

America is one of the countries with the heaviest traffic, having one of the highest rates of traffic-related fatalities with about 38,000 deaths annually. Road accidents are among the leading causes of death for people between ages of one to 54.

It results in a whopping 871 billion cost in economic and societal impact. Thus, it is imperative to not only be careful as a motorist but to be proactive as well in protecting yourself in the event of a car accident.

Common Causes of Car Accidents in Georgia

Statistics show that in Georgia, more than 1,720 drivers are involved in car accidents every day. That is, almost 71 traffic collisions occur every hour. Therefore, if you have ever been in a car crash in Georgia, you are not alone.

No one wants to think about the odds of getting into a fatal accident, but collisions are bound to occur. Here are common causes of car accidents in Georgia:

  • Unsafe or illegal speed limit
  • Loss of control by the driver
  • Driving on the wrong side of the road
  • Failure to yield right of way
  • Alcohol or drug-impaired driving
  • Disregard of traffic signs
  • Following too closely
  • Pedestrians

Insurance Laws Applicable to Car Accidents

In America, only 12 states out of the 50 states do not follow the no-fault insurance law, and Georgia is not one of them. You might be wondering what a no-fault insurance law is. Let’s talk about that.

In the event of a car accident, specific laws serve as a guide to determine who is at fault, the extent of personal injury, pain, and suffering, and any negligence on the part of the parties involved.


A no-fault means that a car insurance holder will receive compensation from their insurance company in the event of a car accident regardless of whose fault it was that the incident occurred. This law applies only to people in states that follow the no-fault law. Georgia is not on the list of these states.


You would be at fault in an accident if you caused the accident either by your actions or inactions. If you are at fault based on the police report and you are in an at-fault location, then the insurer will deny your claims.

Comparative Negligence

The court uses comparative negligence to assign blame to the parties involved in a car accident based on each party’s degree of liability. You must be aware of these laws not to do the wrong thing even when you are the injured party in a car collision.

How Do You Prove You Are Not At Fault in a Car Accident?

If you or your loved one is involved in a car accident, it can be a traumatizing experience. However, it still does not exonerate you from blames or paying steep insurance claims to the other party. To prove that you are not at fault in a crash in Georgia, here are few steps to take:

Establish Who Is at Fault

Georgia is an at-fault state, which means that if you are at fault in a car accident in Georgia, you will not get any insurance payment. You must establish who is at fault in the event of a car crash in Georgia. You can verify this sometimes by the position of the vehicles.

Do Not Apologize or Admit Fault

It is best to keep quiet at the scene of a car accident in Georgia, as anything you say or do can be used against you in court.

Gather Physical Evidence

Take photos of the vehicles from different angles and the scene of the accident.

Get Eye Witness Testimonies

People who are present at the scene of car accidents become vital witnesses. Get their contact information as they are critical to the success of your case.

How Can Georgia Car Accident Lawyers Help?

Proving who is at fault in a car accident can be very difficult in certain situations. If you or a loved one is involved in a crash, you should speak to a Georgia car accident lawyer. At Calvin Smith Law, our attorneys will help you establish that you are not at fault and avoid liabilities and punitive damages.

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