How Can a Lawyer Help If the Other Driver Disputes Fault in a Car Wreck?

After a car wreck here in Atlanta, it’s important to determine who is at fault and to what degree. If there’s a disagreement about fault, things can become very difficult to sort out. A car wreck lawyer in Atlanta with experience in these matters can help you deal with a driver trying to pass off more fault onto you than you actually deserve.

Dealing With Fault in Georgia Law

Why does fault matter so much? In Georgia, you cannot recover any damages at all if you are 50% or more at fault for an accident. If you are less than 50% at fault, but still somewhat at fault, your total damages will likely be reduced by the same percentage as your fault. Say, for example, that you were in a car crash where the other driver ran a red light. That driver is obviously primarily at fault because they have broken an important rule of the road and did not have the right of way. However, the court or insurance company might determine that they are only 90% at fault, and you 10% at fault, if you were on your cell phone at the time of the crash. The reasoning for this is that if you had not been driving distracted, you might have seen the other driver and been able to avoid the accident by quick action.

In this case, if your damages were $50,000, you would likely lose $5,000 of that, or 10% of the total, to account for your part in the accident. As you can see, this makes it very important to know precisely to what degree each party is at fault. This also provides a strong incentive for the other driver and their insurance company to try to blame you as much as possible in an accident. In the above case, every 1% of fault is worth $500 to the insurance company. That’s $500 less that they have to give to you. If they can nudge that 10% up to 15%, they can save a lot; and you can lose a lot. It can be even worse if the degrees of fault are closer. In a situation where the other driver is more like 60% at fault and you 40%, it’s worth the effort for the insurance company and the other driver to try very hard to bump it up to a 50-50 split, if they possibly can.

How Your Car Wreck Lawyer in Atlanta Can Help

By Doing an Independent Investigation

The insurance company for the other driver will do an investigation to determine fault, but they are hardly unbiased in this question. You are entitled to talk with an experienced car wreck lawyer in Atlanta and have them do an investigation on your behalf, as well. Your attorney may be able to discover evidence that was missed by the insurance company, such as a nearby traffic camera or store security camera that might have captured the accident. Your attorney may also be able to reach out in a personable way to witnesses who might be reluctant to speak to a faceless insurance company about what they saw.

It’s important to have an attorney with experience in this area; experience means an attorney will have done this before and knows how to go about it. Bear in mind, too, that the faster your attorney can get started, the easier it is to find evidence. It doesn’t take long for witnesses to disappear or forget what they saw. Security camera footage is often overwritten on a regular basis to save space. Your attorney needs to get on all of this quickly, so schedule a consultation as soon as you can.

By Doing an Independent Evaluation of the Evidence

Sometimes, the evidence is not as straightforward as it might seem. If the other driver is disputing their fault in the accident, your lawyer can look at the evidence with fresh eyes and show what it’s saying. In addition, sometimes evidence looks unclear and is subject to multiple interpretations by lay people, but once you get an accident reconstruction specialist to take a look, things become clear. An experienced car accident lawyer will have a network of such experts to call upon. These experts can look at the evidence and then explain to lay persons what the evidence is saying about the train of events.

By Negotiating on Your Behalf

Negotiation is an art. It takes training and experience to do it well. Sometimes, a negotiator needs to push back hard against someone who is being utterly unreasonable. Other times, a negotiator needs to back off a bit, show some empathy, and gradually help the other side to see a different position. In still other situations, a negotiation may involve compromise. As the injured party, it can be difficult for you to deal with negotiations because you’re so close to the matter and have suffered personal loss. Your lawyer is an experienced negotiator who is on your side but not emotionally involved in the accident. That allows your lawyer to keep an objective perspective so they can negotiate effectively.

This is especially important if the other driver’s insurance company is fighting you, since they are themselves experience negotiators and are not above taking advantage of your inexperience to get you to agree to something that’s not in your best interests. It can be easy to feel hopeless if you don’t have experience and believe that there’s nothing you can do to challenge the other driver’s story. Your lawyer helps to level the playing field on this.

By Taking This to Court, If Necessary

If the other side simply won’t negotiate in good faith or won’t admit the degree of fault they hold, your lawyer can help you take them to court in a lawsuit. Most car accident claims are settled out of court, and that is usually the best option for everyone involved whenever possible. It saves time and money, and it also allows you to avoid the uncertainty of a courtroom battle.

But in some cases, there just is no other option. And bear in mind that negotiations can always continue even once a lawsuit has been brought, and you can agree to a settlement before the end of the trial. The very fact that you are willing to bring a lawsuit may be enough to get the other side to talk through things more honestly. It’s always a good idea to ask your lawyer about whether a lawsuit is wise in your case and take their advice, but this is a powerful weapon if you are facing a driver who refuses to take responsibility or an insurance company that refuses to make good on their coverage promises.

If you have been in a car accident, it’s important to have an attorney on your side who knows how to investigate, tell the right story using the evidence, negotiate, and even win in the courtroom. It’s even more important when the other driver refuses to admit fault or tries to blame you. You don’t have to go it alone, and you shouldn’t. Schedule a free consultation with us today at T Madden & Associates P.C. in Atlanta, GA.