When it comes to car accidents, determining who is at fault is an important factor in the insurance claims process and any potential legal proceedings. In Georgia and South Carolina, fault is determined by the rules of negligence.
Negligence refers to the failure to exercise reasonable care, resulting in harm to another person or their property. To establish fault in a car accident, the injured party must prove that the other driver acted negligently and caused the accident.
In Georgia, fault is determined by the rule of modified comparative negligence. This means that if a person is found to be more than 50% at fault for the accident, they cannot recover damages from the other party. If the person is found to be 50% or less at fault, they can still recover damages, but their award will be reduced by their percentage of fault. According to the Georgia Governor’s Office of Highway Safety, in 2020, there were a total of 1,383 traffic fatalities in Georgia, with 19.5% of those fatalities involving alcohol-impaired drivers. Additionally, there were 372 pedestrian fatalities and 179 motorcycle fatalities.
In South Carolina, fault is determined by the rule of comparative negligence. This means that the injured party can still recover damages even if they are partially at fault for the accident. However, their award will be reduced by their percentage of fault. According to the South Carolina Department of Public Safety, in 2020, there were a total of 1,187 traffic fatalities in South Carolina, with 20.6% of those fatalities involving alcohol-impaired drivers. Additionally, there were 134 pedestrian fatalities and 140 motorcycle fatalities.
It’s important to note that these statistics are just a snapshot of the overall number of car accidents and fatalities in Georgia and South Carolina. Each accident is unique, and fault can only be determined after a thorough investigation of the circumstances surrounding the accident.
Determining fault in a car accident can be a complex process. However, understanding the rules of negligence in Georgia and South Carolina can help you navigate the insurance claims process and any potential legal proceedings. It’s important to always prioritize safe driving habits to help prevent accidents from happening in the first place.
Here are some additional factors that can contribute to car accidents and fault percentages in Georgia and South Carolina:
Weather Conditions: Georgia and South Carolina both experience a range of weather conditions throughout the year, including heavy rain, fog, and snow. Poor weather conditions can make it more difficult to see other vehicles and obstacles on the road, increasing the risk of accidents. Drivers who fail to adjust their speed and driving behavior to match the weather conditions can be found at fault in accidents.
Distracted Driving: Distracted driving is a leading cause of car accidents in the United States. Activities such as texting, eating, and adjusting the radio can take a driver’s attention away from the road and increase the risk of accidents. In Georgia and South Carolina, drivers who engage in distracted driving can be found at fault in accidents.
Speeding: Speeding is a common factor in car accidents and can contribute to fault percentages. Drivers who exceed the speed limit or drive too fast for the conditions can be found at fault in accidents, especially if their speed contributed to the severity of the accident.
Driving Under the Influence: Driving under the influence of drugs or alcohol is a major cause of car accidents in Georgia and South Carolina. Drivers who are impaired by drugs or alcohol and cause accidents can be found at fault, and may also face criminal charges.
In addition to these factors, there are many other variables that can contribute to car accidents and fault percentages in Georgia and South Carolina, such as road conditions, driver experience, and vehicle maintenance. If you are involved in a car accident, it’s important to seek legal advice to understand your rights and obligations under Georgia or South Carolina law.
If you have been involved in a car accident in South Carolina or Georgia and have been found to be at fault, the Nimmons Malchow Johnson Injury Lawyers can still help you. Here are some of the ways our firm can assist you:
Negotiate with Insurance Companies: Even if you are at fault for the accident, you may still be able to recover damages from your insurance company or the other driver’s insurance company. Our experienced attorneys can negotiate with insurance companies on your behalf to help you obtain a fair settlement.
Represent You in Court: If you are facing a lawsuit or criminal charges related to the accident, our attorneys can represent you in court. We have experience defending clients in a variety of legal proceedings and can work to protect your rights and interests.
Advise You on Legal Obligations: If you are unsure of your legal obligations after an accident, our attorneys can advise you on what steps to take. This may include reporting the accident to law enforcement or your insurance company, or complying with court orders.
Help You Understand Your Rights: If you have been injured in the accident, you may be entitled to compensation for medical bills, lost wages, and other damages. Our attorneys can help you understand your rights and the legal options available to you.
At Nimmons Malchow Johnson Injury Lawyers, we understand that being at fault for a car accident can be a stressful and overwhelming experience. Our goal is to provide you with compassionate and skilled legal representation to help you navigate the aftermath of the accident. Contact us today to schedule a consultation and learn more about how we can assist you.