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How is Fault Determined In a Car Accident?

 

If you have an accident while driving, allocation of blame for the incident will have a huge impact on the quantity of compensation you can get. This is especially the case in Marietta, Georgia, because here proportional comparative fault is used to decide compensation for injuries suffered in car accidents.

 

How Blame is Allocated

 

Often, apportioning blame for a car accident is straightforward. One motorist contravenes a particular law, like ignoring a stop sign or breaking a speed limit. His actions result in an accident. Then, he is given a ticket to inform him that he has broken the law. The other motorist had observed all the relevant driving rules, but suffered injuries during the incident. In this situation, the injured motorist is clearly not to blame, and will qualify for compensation.

 

Nonetheless, in other situations, allocating blame is not so easy. For instance, one motorist ignored a stop sign, however the other motorist was driving too fast. The accident that ensued could have happened as a consequence of both irresponsible actions. Sometimes, an insurance adjuster may assess the situation to allocate blame, or the case may wind up in court. Here, a legal allocation of blame will be decided.

 

The Importance of Establishing Fault

 

In situations where each motorist is determined to be in the wrong, the court has to decide what percentage of blame to allocate to each driver. Is the motorist who ignored the stop sign more responsible for what occurred, or should the blame be divided equally between both motorists?

 

In Georgia, if either of these motorists is judged to be over fifty-one percent to blame for the incident, that motorist will not qualify for compensation. However, the other motorist will be entitled to a payment. Due to this policy, known as fifty-one percent proportional comparative fault, calculating compensation can be complicated. This is where a Marietta auto accident lawyer can help you to get a payment, to offset the expense of your vehicle damage and/or injuries.

 

Serving Residents of Marietta, GA

 

The Marietta Lawyers of the Matthew C. Hines Law Offices have a proven track record of dealing with the allocation of blame in car accidents - as it pertains to the law in Georgia. If you require a Marietta auto accident lawyer, contact the Marietta Law Offices of Matthew C. Hines to ensure that you receive the best legal advice possible.

 

Personal Injury Lawyers in Marietta GA

1855 Macby Drive

Marietta GA 30066

Phone: (404) 594-6523

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