Apart from facing the trauma of the actual car accident, drivers might have to further pay the legal consequences if it is determined that the accident was their fault. If the accident occurred because of a very high degree of negligence, such as due to drunk driving or due to malicious intent on part of the driver it can be very difficult to get out of facing the legal penalties. However, if a driver is being accused of breaking minor traffic rules, and therefore causing the accident, there are a few defenses they can claim to help them have their penalties reduced or to have their legal obligation to pay compensation to the victims lifted.
One of the most common claims made after an accident is that the owner of the vehicle claims they were not driving. This usually does not work to reduce penalties as every owner is required to have insurance and almost all insurance packages cover the vehicle even when it is being driven by someone other than the owner.
What a person can claim, however, is that they did not breach a duty of care and they were not negligent through a legal perspective. If the weather was very bad or if other factors were contributing to the collision, such as obstructions in the road, a person can shift liability over to the person responsible for placing the obstruction and save themselves from having to give all the compensation.
There are government bodies responsible for road safety and maintenance and if there was a very obvious obstruction on the road then it is possible that the road maintenance company can be held liable for the collision and a person can escape being accused of negligence in Abbeville, Georgia.
There is also the defense of ‘lack of causation’. A person can claim that the injuries being claimed were already present before the collision. For instance, someone may claim they received serious back injuries because of the accident, but they may have always suffered serious back problems beforehand. Only a thorough investigation through the help of a lawyer can help a person prove that the injuries were not caused by the collision.
What laws of negligence does Georgia follow?
Georgia is a modified comparative negligence state. This means that if a person is less than 50% at fault for an accident, they can still receive compensation for their losses. So even if a person is being accused of causing the accident, as long as they can prove they were less then 50% at fault for the collision they will still be able to recover some damages and they won’t be required to pay the full amount of damages to the other driver.