Car accidents are often chaotic and stressful, and when the dust settles, determining who’s at fault can be a source of significant conflict. Even when the other driver’s negligence seems obvious, they may deny responsibility, leaving you wondering how to prove your case. If you’re facing this frustrating situation in Atlanta, rest assured that Simon Bridgers Spires is here to help you navigate the complexities of proving liability and securing the compensation you deserve.
The Challenge of Denied Responsibility:
It’s not uncommon for at-fault drivers to deny responsibility, especially when they fear facing financial repercussions or legal consequences. They might offer conflicting accounts of the accident, blame you for contributing to the collision, or simply refuse to cooperate. This denial can create significant obstacles in your pursuit of justice and compensation.
Building a Strong Case: Proving Liability:
Proving liability requires a meticulous and thorough approach. Here’s how we at Simon Bridgers Spires work to establish fault in car accident cases:
1. Gathering Evidence at the Scene:
- Police Reports: The police report is a crucial piece of evidence. It contains the officer’s observations, witness statements, and a diagram of the accident scene. We ensure the report is accurate and complete.
- Photographs and Videos: Capturing photos and videos of the accident scene, including vehicle damage, skid marks, and road conditions, can provide invaluable visual evidence.
- Witness Statements: Eyewitness accounts can corroborate your version of events. We identify and interview witnesses to gather detailed statements.
- Exchange of Information: Obtain the other driver’s contact and insurance information.
2. Conducting a Thorough Investigation:
- Accident Reconstruction: In complex cases, we may employ accident reconstruction experts to analyze the evidence and recreate the collision.
- Reviewing Traffic Camera Footage: If available, traffic camera footage can provide an objective record of the accident.
- Analyzing Vehicle Data: Modern vehicles often record data such as speed, braking, and impact. This data can be retrieved and analyzed to determine the cause of the accident.
- Examining Cell Phone Records: If distracted driving is suspected, we may seek to obtain the other driver’s cell phone records.
- Medical Records: Your medical records document the extent of your injuries and can be used to demonstrate the impact of the accident.
3. Establishing Negligence:
To prove liability, we must demonstrate that the other driver was negligent. Negligence typically involves proving the following elements:
- Duty of Care: The other driver had a duty to exercise reasonable care while operating their vehicle.
- Breach of Duty: The other driver breached that duty by failing to act with reasonable care.
- Causation: The other driver’s breach of duty directly caused the accident.
- Damages: You suffered damages as a result of the accident.
4. Understanding Georgia’s Comparative Negligence Laws:
Georgia follows a modified comparative negligence rule. This means that your compensation may be reduced if you are found to be partially at fault for the accident. If you are found to be 50% or more at fault, you cannot recover any damages. We will fight to minimize your degree of fault and maximize your recovery.
5. Dealing with Insurance Companies:
Insurance companies often prioritize protecting their bottom line and may attempt to minimize payouts or deny claims altogether. We will handle all communication with the insurance companies and negotiate aggressively on your behalf.
How Simon Bridgers Spires Can Help:
At Simon Bridgers Spires, we are committed to providing aggressive and effective legal representation to car accident victims in Atlanta. We will:
- Conduct a thorough investigation of your accident.
- Gather and preserve all necessary evidence.
- Work with experts to reconstruct the accident and analyze the evidence.
- Negotiate with insurance companies to secure a fair settlement.
- Represent you in court if necessary.
- Provide personalized attention and guidance throughout the legal process.
Common Scenarios Where Liability is Contested:
- Rear-End Collisions: Even in seemingly straightforward rear-end collisions, the at-fault driver may claim that you stopped suddenly or that your brake lights were not working.
- Intersection Accidents: In intersection accidents, both drivers may claim that they had the right of way.
- Sideswipe Accidents: Sideswipe accidents can be particularly challenging to investigate, as both drivers may claim that the other driver changed lanes improperly.
- Distracted Driving: Proving distracted driving, such as texting or using a cell phone, can be difficult, but we have the resources and expertise to gather the necessary evidence.
Don’t Let the At-Fault Driver Off the Hook:
If you’ve been injured in a car accident in Atlanta and the other driver is denying responsibility, don’t give up hope. Contact Simon Bridgers Spires today for a free consultation. We will thoroughly investigate your case, gather the necessary evidence, and fight to hold the at-fault driver accountable. We are dedicated to helping you secure the compensation you deserve.
Taking Action:
- Document everything. Keep all records, including medical bills, police reports, and correspondence with insurance companies.
- Do not admit fault. Even if you think you may have contributed to the accident, do not admit fault to the other driver or the insurance company.
- Seek legal help immediately. The sooner you contact an attorney, the sooner they can begin investigating your case.
By taking these steps and working with our experienced car accident lawyer, you can significantly increase your chances of proving liability and securing a fair settlement. Call us today at (404) 259-7635 or fill out our contact form today to schedule your free consultation. There’s no pressure—just answers. Let us handle the legal details so you can focus on healing and moving forward.