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  • Home
  • About
    • About
    • Ben Sessions
    • Andrew Fleischman
    • Locations
      • Atlanta, GA Office Location
      • Macon, GA Law Office Location
      • Columbus, GA Office Location
      • Milledgeville, GA Office Location
    • Areas We Serve
      • Albany
      • Americus
      • Atlanta
      • Bartow County
      • Bibb County
      • Brookhaven
      • Centerville
      • Chatham County
      • Chattanooga
      • Clayton County
      • Cobb County
      • Columbia County
      • Columbus
      • Coweta County
      • DeKalb County
      • Doraville
      • Douglas County
      • Dublin
      • Fayette County
      • Gray
      • Griffin
      • Gwinnett County
      • Hall County
      • Hawkinsville
      • Henry County
      • Hinesville
      • Houston County
      • Jackson County
      • LaGrange
      • Lowndes County
      • Macon
      • McDonough
      • Milledgeville
      • Muscogee County
      • Newton County
      • Paulding County
      • Perry
      • Pooler
      • Richmond Hill
      • Roberta
      • Rockdale County
      • Savannah
      • Walker County
      • Walton County
      • Whitfield County
  • Practice Areas
    • Personal Injury
      • Car Accidents
      • Motorcycle Accidents
      • Truck Accidents
      • Slip-And-Fall & Premises Liability
      • Pedestrian Accidents
      • Bicycle Accidents
      • Elder Abuse
      • Product Defect Attorney
      • Defective Product Injuries
      • Negligent Security
      • Wrong Prescriptions
      • Wrongful Death
    • DUI Defense
      • 2nd DUI Offense
      • DUI Drug Offense
      • Child Endangerment DUI
      • License Suspension
    • Criminal Defense
      • Drug Charge Defense
      • Sex Crime Defense
      • Domestic Violence
      • Probation Violation
      • Vehicular Homicide
    • Appeals
    • Post-Conviction Relief
    • Workers’ Comp
      • Calculating Workers’ Comp Payments
      • Fall at Work
  • Testimonials
    • Case Results
  • Resources
    • Resources
    • Preparing for Our Meeting
    • Personal Injury Resources
      • Health Insurance Reimbursement
      • Personal Injury Blog
      • Attorney for Back Injuries
      • Spinal Cord Injuries
      • Nerve Damage
      • Attorneys for Broken Bones Caused by Accidents
      • Brain Injury
      • Scarring
    • Car Accident Resources
      • Injuries Caused by Distracted Drivers
      • Injuries Caused by Drunk Drivers
      • Injured by a driver following too closely?
      • Most Common Car Accident Causes
      • Do I Need a Lawyer for My Car Accident Case?
      • Car Accident Blog
      • Step-By-Step Car Accident Guide
    • DUI Defense Resources
      • DUI Defense Blog
      • Georgia DUI Process
      • The “Walk and Turn” Test in DUI Cases
      • The Eye Test
      • Your Driver’s License After a DUI Arrest
      • License Suspension in A DUI Case
      • Ignition Interlock Permit
      • Importance of Your Driving in Your DUI Case
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What is liability in a car accident case?

Liability - Car Accident Injury Cases

Liability in a car accident case refers to the legal responsibility for the accident. In other words, it refers to determining who is at fault for the accident and therefore responsible for any damages or injuries that resulted from it.

In most cases, liability is determined by analyzing the evidence gathered at the scene of the accident and witness statements. This evidence can include things like skid marks, damage to the vehicles, and photographs. Police reports can also be used as evidence. The evidence will be used to determine who had the right of way, who violated traffic laws, and other factors that contributed to the accident.

In some cases, liability may be clear-cut, such as when one driver runs a red light and strikes another vehicle. In other cases, it may be less clear and require further investigation.

There are also different types of liability, such as:

  • Strict liability: which is when a person is liable regardless of intent or negligence.
  • Negligence: which is when a person is liable because they failed to use reasonable care, resulting in harm to another person.
  • Vicarious liability: which is when a person is liable for the actions of another person, such as an employer for the actions of an employee.

It’s important to note that even if an accident was partly caused by a third party, such as a defective car part, multiple parties can be held liable for the accident. An attorney can help you navigate the legal complexities of liability and determine who should be held responsible for the accident.

Proving Liability in Car Accident Cases

How do you prove liability in a car accident case?
Proving liability in a car accident case involves gathering and presenting evidence that shows who was at fault for the accident. The specific evidence needed will vary depending on the circumstances of the accident, but some common types of evidence that may be used to prove liability include:
  1. Police reports: These reports often contain information about the accident scene, including the positions of the vehicles and any citations that were issued.
  2. Witness statements: Statements from people who saw the accident happen can provide valuable information about what occurred and who was at fault.
  3. Photographs: Photos of the accident scene, the vehicles involved, and any injuries can be used as evidence in court.
  4. Accident reconstruction: Accident reconstruction experts can use the evidence at the scene, such as skid marks and damage to the vehicles, to determine how the accident occurred and who was at fault.
  5. Electronic data: Many cars are equipped with electronic data recorders (EDRs) that can provide information about the speed, braking, and other actions of the vehicle at the time of the accident.
  6. Surveillance footage: Footage from nearby surveillance cameras can provide valuable information about the accident.
  7. Medical records: These records can be used to show the extent of the injuries and the medical treatment that was required.
  8. Expert Testimony: An expert witness may be called to testify about the accident and provide an opinion on liability.

It’s important to note that the burden of proof in a car accident case is on the plaintiff, or the person who is filing the lawsuit. The plaintiff must provide evidence that shows that the defendant was negligent and that their negligence caused the accident and the damages or injuries. An attorney can help you gather and present the evidence needed to prove liability.

It’s also worth noting that in some cases, liability is not always clear cut, and multiple parties may be held responsible for the accident. In these cases, liability may be apportioned based on the level of fault of each party.

 

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