In Gainesville, car accident cases are determined based on state laws regarding comparative negligence. This affects the amount of compensation a plaintiff is eligible to receive, so it is crucial for anyone injured in a traffic crash to work with a knowledgeable attorney who has an understanding of the local legal systems.
There are many factors when determining fault for Gainesville car accidents. At Smith Hulsey, our legal team is experienced in fighting on behalf of injured victims and collecting evidence of the other party’s liability.
Georgia law operates on a comparative negligence system when determining recoverable damages for car crash cases. Importantly, this bars a plaintiff from recovering any compensation if they are found 50 percent or more at fault for the accident. If an injured victim is less than 50 percent at fault for causing the car crash in question, the jury will apportion their damages based on their level of responsibility.
A seasoned lawyer at our firm could assess a particular car accident case and help predict how the Gainesville jury will determine fault based on the circumstances. Additionally, legal support is often key in building a strong case to contest allegations of fault and maximize the potential damages award.
There are many pieces in determining fault for a traffic collision. Sometimes, these cases involve multiple defendants who could be found liable due to traffic violations. In these complex scenarios, fault would be apportioned between all at-fault parties.
One main factor in establishing liability are citations and descriptions issued by the responding officer. The responding police officer has a huge influence on determining the narrative of a vehicular crash. In writing an accident report, the officer may:
The Gainesville officer’s investigation and subsequent report can be influential in determining fault. A well-practiced lawyer in the area could help secure the police reports to establish who was at fault for the car crash.
Other useful types of evidence in assessing liability for particular injuries are doctor’s statements and medical records. These documents could help establish how the body was impacted, what specifically caused the injuries, and what future expenses a victim may face due to the car accident.
One step further is getting a biomechanical engineer or other expert witness to delve into the mechanics of the vehicle and how the body moves when it is impacted in certain ways. This testimony could also aid an argument that the defendant is responsible for the plaintiff’s injuries. A skilled local attorney could help secure expert opinions to build a strong case for a car accident victim’s recovery.
Even if a driver seems to be clearly at fault for a collision, it can be difficult to prove liability in court or insurance negotiations. It is often crucial to collect evidence immediately after the crash to establish how it occurred and who was responsible.
As such, injured victims should contact a lawyer as soon as possible for help determining fault for Gainesville car accidents. The legal team at Smith Hulsey is experienced in assessing these types of cases and determining effective strategies for the circumstances. Call today to discuss how we could tirelessly pursue compensation on your behalf.
Smith Hulsey Law