The reconstruction expert can use evidence such as the condition of both vehicles, tire marks and details of the physical location of the accident to reconstruct the scene and show us how the accident probably happened. .
Head-on collisions are among the most dangerous car accidents, and drivers and passengers are often seriously injured. Among the shattered debris from the accident scene, there could be crucial evidence you can use to determine liability in a lawsuit.
Determining fault in a head-on collision can come down to physical evidence, witness testimony, accident reconstruction, or a combination of various tactics and evidence. Physical evidence tends to come directly from the scene of the accident and may include the actual vehicles involved in the accident. Even skid marks on the road can be important physical evidence. We can use testimonials to fill in the gaps where physical evidence is insufficient. Witnesses with direct knowledge of liability issues will be extremely important. Expert witnesses with the skills to reconstruct the accident can even give an expert opinion on who they believe is responsible.
Before pursuing a lawsuit, you should meet with an Atlanta personal injury attorney as soon as possible. Every case is different and determining liability can be relatively easy or incredibly difficult, depending on your situation.
Prove fault in a head-on collision in Georgia
Generally, liability in car accident cases comes down to negligence. Negligence has four important elements: obligation, breach, causation and damages. To determine liability, you must establish each of these elements. If even one item is not fulfilled, responsibility cannot be determined.
Duty refers to the defendant’s legal duty of care or duty to the plaintiff. Since negligence applies to various personal injury suits, a defendant’s obligation will change depending on the situation. On the road, all drivers have a legal obligation to drive with reasonable safety in the circumstances and to obey the rules of the road. As circumstances change, so does what is considered reasonably safe.
Breach is anything the defendant did or failed to do that violated its legal duty. No two accidents are the same and there can be many possible offences. Some possibilities include running red lights, speeding, distracted driving, drunk driving, or anything else that is unreasonable or violates Georgian traffic laws.
Causation is the nexus or connection between the defendant’s default and the accident. Essentially, the violation must be the direct cause of the accident. Defendants sometimes claim that they failed in their duty, but something other than the breach is the real cause of the accident. You must refute these claims if you are to determine liability.
Finally, you must prove that your damages are real. People sometimes mistakenly assume that you can sue for things that almost happened, but that’s not the case. If you miraculously got out of a head-on collision without a scratch, you can’t sue for physical injuries because you didn’t suffer any. We can only determine liability for actual injuries and damages.
How Your Injuries and Damages Can Determine Liability in a Head-On Collision in Georgia
Physical evidence, including damage to your car and records of your injuries, can help you determine liability in a frontal collision. The crash scene at first appears to be a mess of rubble and debris, but there’s evidence all around you.
First, you can use the vehicles themselves to help determine liability. Damage to your car can reveal how the accident happened. For example, the extent of the damage can shed light on how fast the other driver was traveling when they hit you. If there are no skid marks on the road, it could indicate that the accused was driving so fast that he had no time to react and did not brake at all. Evidence of the defendant’s speeding may help establish a dereliction of duty.
Your injuries can also provide important information regarding liability. For example, a seat belt bruise on your chest is painful but proves that you were wearing a seat belt during the accident. This can help refute contributory negligence charges and aggravate your own injuries.
Using Witness Evidence to Prove Liability in Georgia Head-On Crashes
Physical evidence may not give you the full picture of the accident and witnesses may be called to fill in the gaps. Eyewitnesses can testify to what they saw during the accident. If several witnesses can explain that the accused is the one who hit you, their testimony can help determine responsibility.
Not all accidents are seen by other people. A head-on crash on rural Georgia backroads might have no eyewitnesses. In these cases, you can turn to witnesses with direct knowledge of the fault even if they did not see the accident. For example, a witness close to the accused might have first-hand knowledge of the accused’s drinking prior to driving. This type of testimony can be an important factor when determining liability. This can help establish the defendant’s breach of duty and connect their breach to your damages.
Crash scene reconstruction to determine fault in Georgia head-on collision
Some experts who can be used to help determine fault have no connection with the frontal collision. Expert witnesses are those with technical, scientific or specialized knowledge and skills who are employed to help determine liability in a trial. After a car accident, an auto accident attorney in Atlanta may hire an accident reconstruction expert to review the collision.
The reconstruction expert can use evidence such as the condition of both vehicles, tire marks and details of the physical location of the accident to reconstruct the scene and show us how the accident probably happened. . This type of testimony is often extremely helpful in determining liability and, depending on the strength of the expert’s findings, very difficult to refute.