If you have ever been involved in a car accident, you know what happens in the moments after the crash. Once you make sure that everybody in your car is okay, you start to point fingers. You insist the other driver caused the accident. They insist that you caused the crash. Until the cops come to the scene to sort everything out, it’s nothing but a he said – she said situation. Our Augusta car accident lawyers run into this all the time. We meet with clients who insist the other driver caused the accident all the time. In fact, it is rare that a client would ever admit that they may have been partially at fault. Once we get a chance to look at the police report, however, we see that things are not so cut and dry.
In our opinion, you’re better off being the first one to file your insurance claim. You want the insurance adjuster to see your side of the story before they entertain anything from the other driver. Likewise, we also believe it’s better if you’re the one who files your lawsuit first. The judge will be more in your favor if they see that you’re the plaintiff rather than the defendant in the car accident case.
Here, we will talk about these things and explain what to do if the other driver insists that you caused the accident. We will also talk about what happens if the defendant files a counterclaim against you. As the case gets more complicated, you’ll realize more and more that you need to talk to a Georgia injury lawyer. Let them handle the legal side of things while you try to recover from your injuries. If you still have questions about your own case, feel free to contact our office directly. We offer all new clients a free consultation. Come in and sit down with an attorney so they can review your case.
It’s Very Rare That One Driver is 100% at Fault in a Car Accident
As much as you don’t want to believe that you had any part in causing your accident, there is a good chance you played some role. It is very rare that any one driver is 100% liable for a car accident. Even if the other driver did something they shouldn’t have, you may have contributed in some way. For example, if somebody were to sit in the car with you while you drive they could probably find something to criticize. This is true for any driver. If everybody was a perfect driver, there would be no accidents. This is why it’s important to remember that there is a chance that the judge may find that you were partially at fault. The good news is that, in Georgia, you can still collect damages even if you were partly at fault. The only difference is that your damages will be reduced by your percentage of fault. If you were in a car crash and you sued the other party for $500,000, you may not receive the full amount. You may be found to have been 20% at fault which means your damages will be reduced by $100,000.
It’s Better to Be the Plaintiff Rather than the Defendant
If you follow your claim with the insurance company and they pay it in full, you may not need our services. However, if your claim is denied, you may need a Georgia injury lawyer to file suit on your behalf. We always say that you’re much better off being the plaintiff in the case rather than the defendant. While there’s a very small chance that your case will go to trial, you want to make sure that you at least look like the moving party in the matter.
It’s almost like whichever side strikes first is the side that’s going to win. Of course, there’s still the chance that the defendant’s attorney can prove you were at fault. There’s always this chance when you’re dealing with a car accident. However, you decrease the chances of that happening if you’re named as a plaintiff in the civil lawsuit.
Trust Your Georgia Injury Lawyer to Get You the Damages You Deserve
If you were recently involved in a car accident, you may be entitled to damages. The problem is that the other driver is probably feeling the same way. When you file your initial insurance claim, you shouldn’t be surprised if the defendant claims that you were the one who caused the crash. All the insurance adjuster can do is look at both sides of the story and try to determine which version they believe. The police report will come in handy when they do this. At least the police report is an unbiased view of what happened. However, just because you think the other party was at fault doesn’t mean that the judge would see things the same way. This is why it’s important that you not only hire a Georgia injury lawyer right away, but you also need to file your lawsuit right away.
Sometimes, when it comes to a car accident lawsuit, the first person to make a move will come out on top. We suggest you call our office so you can schedule your free consultation with an Augusta car accident lawyer right away. Come into the office and sit down with someone who has handled dozens of cases like yours before. One of our associates can review your case and let you know if they think you have a valid claim. If so, they’ll be more than willing to represent you. If, however, they don’t feel your case has merit, they will let you know. The last thing you want to do is drag things along only for you to get your hopes up unfairly. Since the consultation is free, and since we don’t charge you anything up front, you really have nothing to lose.
