Who is at fault in my car accident that happened in GA?

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Who is at fault in my car accident that happened in GA?

I came upon an accident driving a small car. A big car and truck were spread across the road from an accident that just happened. I tried to stop but could not and hit them. They were on the other side of the hill, i could not see them until too late. I have head and neck, back injuries and the other sides are okay. The police report is wrong also, stating that she hit me first. Who is at fault?

Asked on June 24, 2009 under Accident Law, Georgia

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although I do not practice law in the State of Georgia, there appear to be a few issues at play here.  First, you mention that there is a police report, but you do not state if the report draws a conclusion with respect to fault.  In other words, did either party receive a ticket.  While this is not absolutely determinative of the fault issue, it is highly probative.  Second, you do not state whether either or both parties have insurance.  If you have insurance, and you anticipate the other driver filing a claim against you, your insurance should provide you with an attorney to handle the claim.  Conversely, you should consult with and/or retain a personal injury attorney if you feel that the other party was at fault and that you suffered damages as a result.

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and practice in this area of the law.  The issue of fault is ultimately decided by the jury in a trial.  Untill then, fault is based on the witness statements and police report.  Since you dispute the police report, you must rely on witness statements and poeple's recollection of what happened.  Thus, i suggest that you hire a personal injury lawyer to file suit so that you can take depositions of the witnesses and determine the chances of you collecting at trial.  If the depositions go well for you, the insurance company may give you money to avoid a trial.


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