After someone else causes an accident and you suffer injuries, you likely feel like you should be able to hold the at-fault person responsible for your medical bills, lost income, and other losses. However, you cannot simply point a finger at them and say they’re to blame. This is not enough for an insurance company or court to award you compensation. Instead, the law requires you to sufficiently prove fault in order to recover financially.
How Does Georgia Law Determine Fault?
Someone is at fault for an accident when they acted in a negligent, reckless, or intentional manner, and their actions led to the accident. Negligence is a legal principle that involves the following elements:
- The party owed the accident victim a duty of care
- The party breached that duty
- The breach caused harm and damages to the accident victim
For example, a driver has a duty of care to drive in a reasonably safe manner. When a driver fails to do so and causes an accident and injuries, they acted negligently. Since Gwinnett County has more car accidents than the majority of Georgia counties, this is a common scenario.
Many different parties can be negligent, including:
- Dangerous drivers
- Companies that manufacture and sell dangerous products
- Property and business owners that allow dangerous hazards to exist
- Government entities that fail to maintain or repair roads
Both individuals and companies can be negligent and responsible for an injured accident victim’s losses.
The Burden of Proof
The justice system requires people to prove different types of claims by presenting a certain amount of evidence in support of the claim. The criminal justice system has the highest burden of proof, which requires prosecutors to prove charges beyond a reasonable doubt. On the other hand, personal injury victims must only prove their claims by a preponderance of the evidence. This is a lowest legal standard and means you must prove that your claim is more likely true than not, or at least 51 percent true.
Just because a personal injury claim only requires the lowest burden of proof does not mean this is a simple task. Civil courts have specific procedural rules and rules of evidence that dictate what evidence can be admissible or not. Often, gathering evidence of negligence can involve extensive investigations, resources, and even expert analysis. It is always important to seek help from a skilled personal injury lawyer who knows how to sufficiently prove your claim.
Consult a Gwinnett County Personal Injury Lawyer for Free Today
At Brauns Law, PC, we represent clients in a wide variety of accidents. We know that each case is unique and we dedicate the full resources that each claim deserves. Our lawyers know that dealing with the aftermath of an accident and injury can be stressful. We let you put your life back together while we handle every aspect of your injury claim. We will deal with insurance companies and lawsuits when necessary, so you can focus on your physical recovery. Contact us online or call (404) 348-0889 to schedule your free case evaluation and discuss your rights after an accident today.