Is the Defendant Always Liable for a Head-On Collision in Augusta, Georgia?


It may seem obvious to some that a person who causes a head-on collision would be responsible for any injuries caused in the accident. Even most experienced car accident lawyers in Augusta would agree. How could someone be said to have caused a crash if they were hit by a car driving the wrong way on the road?

Imagine you’re traveling in the northbound lanes of a major highway in Augusta, Georgia. Your kids are sitting in the backseat and your spouse is in the passenger seat. You’re doing the speed limit and are obeying all traffic laws. Out of nowhere, a car comes careening toward you from the other direction. They hit your car head-on, causing serious injuries to your entire family.

In a situation like this, it may seem clear who was at fault. The other driver had to be doing something wrong if they were driving the wrong way. Usually these cases involve someone who is either intoxicated or driving while distracted. In either of these cases, the other driver would be liable for damages. Their insurance company would have no reason to deny the claim, right?

The thing about a car accident lawsuit in Augusta is that you have to prove negligence – no matter what. It isn’t enough for your Augusta car accident lawyer to tell the judge that the defendant was driving the wrong way. You have to actually prove that they did this. You also have to prove that they were negligent. Finally, you need to prove that you were injured. This is why it’s always a good idea to call an experienced car accident lawyer in Augusta as soon as possible after your crash. The last thing you want to do is have the other driver submit a false statement to the insurance company, claiming you were at fault.

Your Georgia car accident lawyer is going to fight to show that the defendant was at fault. They’ll also work hard to make sure you get the compensation you deserve.

The Defendant May Claim Their Car Was Defective

If the defendant claims that there was something wrong with their car, your case will become more complicated. For example, if the other driver says their mechanic did something wrong with their steering column, you’ll have to pursue the mechanic for damages. This doesn’t mean your case against the defendant goes away. It just means that you’ll need to name a second defendant in your case.

Without getting too involved, if a third party is responsible for the crash, you’ll need to bring them into the case. The defendant will demand that the court make the third party indemnify them for any damages caused in the crash. All this means is that the third party will have to pay your damages instead of the defendant.

Normally, it wouldn’t matter to you who has to pay your damages. However, it’s a lot easier to get paid by the defendant’s insurance company than it is the mechanic. You may have to pursue the owner of the auto shop personally for damages. If their insurance doesn’t cover your claim, you’ll have to pursue a judgment against the owner. It can take years to get paid this way. Or, you may get nothing at all. That’s why you want your lawyer by your side.

Contact a Skilled Car Accident Lawyer in Augusta Right Away

This may seem unfair but the first person to make a statement to the insurance company is usually the one the insurance adjustor will believe. You have no idea what the other driver is going to tell their insurance agent. Even if the police report says one thing, that won’t stop the other driver from making up any story they please. This is why you want to talk to an experienced car accident lawyer in Augusta sooner rather than later. You want to make sure you get your side of the story told. And, if you have a lawyer, there’s a better chance that the insurance company will take you seriously.

If you’ve been injured in any sort of motor vehicle crash, call our office right away. Schedule a time to sit down with one of our experienced Augusta car accident lawyers. You can tell them your version of events. You can also ask any questions you may have. Your attorney can even give you an idea of what your case may be worth. The initial consultation is free and you don’t pay anything until your case is settled.