It is very important to identify the factor or fault that has been responsible for accident while claiming the financial compensation in motor accident lawsuits. Remember, when you got injured in any car accidents in Atlanta, you can file a case for damage settlement only when the fault lies with another driver or another factor than you own negligence and your Atlanta auto accident attorney should be able to prove this fact.
Obviously the party responsible for accident damage will be held liable for the damage compensation. All you need is an experienced, good lawyer who can explore every single opportunity to make your case strong, full of evidences to get maximum possible amount as compensation. The investigation process leading to suit is quite complex and you need a very experienced brain to understand all the the legal limitations and scopes your case may have. So hire your professional car accident attorney carefully.
Let us explore various parameters related to car accidents in Atlanta.
The term “Guilty”
The term Guilty can be described as a person being negligent and his/her carelessness being the main reason behind the occurred accident. There can be different scenarios where a person can be held as guilty like passing the red signal, entering in the wrong lane, operating cell phone while driving, etc. If such scenarios take place that person can be held guilt for his carelessness. In such case the person responsible will be defendant and supposed to pay compensation amount to the injured person.
However, still there are some exclusions like entering in a wrong lane because of tire bursting, faulty automobile design that resulted in a kind of explosion. In these unavoidable scenarios, driver cant be held guilty.
There is a careful and thorough examination of all available evidences and reports based on which jury identifies the guilty person.
What are the evidences?
Following facts and proofs are taken into consideration by the court to decide the gross negligence and faulty person.
- Recorded statements given by the witnesses
- Police reports
- Medical reports
- cell phones’ records
- Results of alcohol tests
- Blood test reports
- Weather conditions present at the time of accident
- Conditions of the roads
Only after thorough scrutinization of all these reports and evidences, court identifies the guilt party.
The 4 conditions that can be identified as fault
Atlanta law normally takes these four important conditions into account while the case proceedings to identify the fault. They are…
- Negligence
- Reckless behavior that has been responsible for accident
- Misconduct on purpose
- Accountability in rigid conditions.
For example, if a person breaks the traffic signals and accident occurs then the negligence will be the charge against him/her. If the driver is under the influence of alcohol or drugs at the time of accident, he will be charged under misconduct on purpose. In some scenarios, drivers don’t have any second thoughts and such scenarios can be termed as accountability in rigid conditions.
Damage claim
If court identifies you as the victim of an accident due to negligence of others then you can obtain following damage claims against your different expenses.
- Medical expenditures
- Loss of property
- Loss of future income, wages or salary due to immobilization where the injuries force victim to stop working in future
- Physical and emotional pain the victim has to bear.
