After a car accident, you may believe that apologizing is the right thing to do, regardless of who caused the crash. However, admitting fault for a car accident can jeopardize your future compensation claims. In Georgia, the driver who caused the crash is responsible for the resulting property damage and injuries.
If you admit fault or apologize after a collision, a knowledgeable Georgia car accident lawyer can help mitigate the effects of these statements on your right to compensation.
How Is Fault Determined in a Georgia Car Accident?
Who is at fault in a Georgia car accident is determined based on various pieces of evidence. First, law enforcement officers who respond to the crash scene will evaluate if any drivers involved in the accident violated traffic laws, such as speeding, running a red light, or driving under the influence of alcohol or drugs. The responding officer will speak to each driver and potential witnesses to decide who is at fault for the crash. They may note their opinion in the police crash report, which can be helpful evidence in a car accident claim.
When the parties involved in a crash file insurance claims, insurance adjusters must determine who is at fault for the crash to decide which insurance company will pay for the accident. Adjusters will review evidence from the accident to piece together what happened and identify the driver(s) who caused the crash.
If an injured car accident victim files a lawsuit and goes to trial, the jury or judge will decide who is at fault based on the evidence and testimony presented. Contact our Savannah car accident lawyer today.
Is Apologizing the Same as Admitting Fault?
After getting into a car accident, you might apologize to the other driver to be kind and compassionate after the trauma of the crash. However, the other driver may later argue that your saying “I’m sorry” showed guilt for causing the accident.
What Are Some Things I Should NOT Say After an Accident?
You can express concern and empathy for the occupants of the other vehicles involved in the car accident. However, you should avoid saying things that the other driver or their insurance company might use as an admission of fault for the accident, such as:
- “I’m so sorry.”
- “I apologize.”
- “It was my fault.”
- “My bad.”
- “You didn’t do anything wrong.”
- “I didn’t see you.”
- “I didn’t see the sign/light.”
- “I thought I could make the yellow light.”
- “I should have been paying attention.”
- “I didn’t realize how fast I was going.”
What Happens If the Other Driver Admits Fault?
If the other driver admits fault or makes other comments indicating they caused the crash, you should mentally note those statements and write them down as soon as possible. However, the other driver’s admission of fault does not automatically mean you can recover compensation from them. Other evidence from the accident, such as photos, witness statements, or vehicle damage, will help to prove who is responsible.
How Much Should I Tell the Insurance Company When They Call Me?
Your insurance company or the other driver’s insurer may call you in the days following a car accident. Your insurance policy may also require you to notify your insurer about the accident within a specific time frame after the crash. Whether speaking to an adjuster from your insurance company or the other driver’s insurer, remember that they work for the insurance company, not you. An insurance company will do everything possible to minimize their financial liability for a car accident, including asking questions to get you to make statements the insurer can later use as proof of your fault.
When you talk to the insurance company, stick to the facts of the accident as you remember them. Do not admit fault or try to blame the other driver for the crash. Do not discuss specific injuries you’ve suffered from the accident or tell the adjuster that you “feel fine.” It’s best to speak to a lawyer before talking to an insurer so that you know what to say and what to avoid.
What Evidence Is Used to Prove Fault?
Multiple pieces of evidence may be used to identify who was responsible for causing the crash. Examples of evidence you might use to prove fault for the accident include:
- Police accident reports and arrest/citation records
- Eyewitness testimony
- Accident scene photos
- Surveillance, traffic camera, or dashcam footage
- Vehicle event data recorder (“black box”) logs
- Drivers’ cell phone records
- GPS logs
- Post-accident vehicle inspections
- Car maintenance and repair records
- Post-crash driver tox screen results
- Accident reconstruction or engineering expert reports and testimony
What Should I Do After a Georgia Car Accident to Avoid Liability?
If you’ve been in a car accident, you can take steps to protect your rights and interests, especially if the other driver tries to blame you for the crash. You should do the following:
- Report the accident to law enforcement if you did not call the police at the crash scene.
- Notify your car insurance company about the accident.
- Refrain from discussing the accident with anyone except the police and your attorney. Avoid exaggerating or filling in gaps in your memory when speaking to officers. Stick to the facts as you remember them.
- Follow your doctor’s treatment plan and recovery instructions.
- Avoid discussing the accident on social media.
- Keep all bills, invoices, and receipts of your expenses from the crash, such as medical care or car repairs.
- Gather copies of your pay stubs if you miss work or earn less because of your injuries.
- Contact a Georgia car accident attorney as soon as possible to get help from a legal advocate who can stand up for your rights and interests.
Contact a Georgia Car Accident Lawyer
After a car crash in Georgia, you need experienced legal help to pursue compensation and justice. Contact Spiva Law Group today for a free, no-obligation consultation with a knowledgeable Georgia car accident lawyer.
Site by Consultwebs.com: Law Firm Website Designers / Personal Injury Lawyer Marketing.
