When a car accident occurs, the driver who is at fault for the crash should be held responsible. The law requires you to prove that negligence occurred in a crash in order for a driver to be at fault. In some accidents, a number of factors played a role and more than one driver might be partly responsible. Proving who was to blame for a car accident can be difficult, but you can get the help you need from an experienced Atlanta car accident attorney.
Disobeying Traffic Laws
Traffic laws are in place to protect drivers and others. If a driver disobeys a traffic law it is often a negligent act. For example, a driver is negligent if he goes through a red light. Another common traffic law that people break is the posted speed limit. Speeding is a negligent action because the driver should know that speeding could cause an accident with injuries.
Not Maintaining Control of the Vehicle
Drivers are required to maintain control over their vehicle at all times. If they fail to do so, it may be considered negligent. For example, a driver is driving at the speed limit but there is fog in the area and low visibility. If the driver loses control and crashes into another vehicle, it might be negligence.
Distracted driving occurs when the driver isn’t paying close enough attention to the road. There are three main types of distracted driving including taking your eyes off the road, taking your hands off the wheel and taking your focus off of driving. Some common examples of distracted driving include texting, eating, talking to others and using electronic devices. If a driver’s complete attention is not on the road, it may be considered negligence.
Failure to Use Safety Features
Vehicles are equipped with safety features that are supposed to be utilized when necessary to prevent accidents. The failure to use these features when appropriate could cause an accident and might be a negligent act. For example, a driver’s vehicle becomes disabled on the road. If the driver fails to put the hazard flashers on and another vehicle hits into the car, the driver might be negligent.
How to Prove Negligence in an Atlanta Car Accident Case
In order to prove negligence in a car accident case, you must be able to show four key elements. There must have been a duty of care to drive in a safe manner. The driver must have breached the duty of care. The driver’s breach of duty of care must have caused the accident. And finally, you must have sustained damages.
Certainly, the most difficult element to prove may be that the other driver’s actions caused the accident. You will need to provide accident reports and other documentation to show that the other driver was at fault. Sometimes accident reconstruction is necessary, along with witness statements.
If you have been seriously hurt in an Atlanta car accident due to someone’s negligence, you deserve compensation. Contact the experienced car accident lawyers at The Bader Law Firm for a free case review.
Seth Bader is an Auto accident, Workers Compensation and Personal Injury Attorney who practices in Atlanta, Rome, Savannah, Norcross, Carrollton, Georgia. He graduated from Florida State University College of Law, and has been practicing law for 14 years. Seth Bader believes in fighting for the injured. Learn more about his experience by clicking here.