How Is Fault Determined for a Car Accident in Georgia?

By bwhlawoffices | Updated on November 20, 2025

Image of a car accident scene. A woman hangs out of her driver-side window holding her head to look at the damage. A man in the background is surveying the damage to his car

Have you recently been involved in a car accident in Middle Georgia? If so, you may be wondering how fault is determined following the wreck.

There is a specific set of laws and procedures in Georgia for determining fault in a car accident. If you’ve been injured in a car accident in Macon or anywhere in the Middle Georgia area, it’s important to know how fault is determined, what evidence matters most, and when to contact an experienced firm like Buzzell, Welsh & Hill to protect your rights.

Georgia Is a “Fault” State When It Comes to Automobile Accidents

Georgia operates under a fault-based insurance system, meaning the driver responsible for causing the accident is also responsible for paying for the resulting damages. This differs from “no-fault” states, where each driver turns to their own insurance company regardless of who caused the crash.

Under Georgia’s system, the at-fault driver or their insurance company may be held liable for:

Repairs or replacement of the victim’s car
Medical bills and treatment costs for the victim
Lost wages due to the victim having to miss work during recovery
Pain and suffering of the victim
Other accident-related expenses

Depending on the at-fault driver’s insurance policy, the carrier may be responsible for covering some or all of these items for the driver, too.

Because the at-fault driver’s insurance company typically pays these costs, determining fault accurately is critical to your claim.

Determining Fault Means Determining Negligence

In Georgia, most car accident claims hinge on driver negligence. Whether the accident involved two cars or more, it’s most likely that at least one of the drivers exhibited some negligent behavior that ultimately caused the crash. It’s crucial to find out which driver that is and the extent of the negligence.

To establish negligence, four elements must be proven:

Duty of Care

There is always a duty of care while behind the wheel. Every driver, regardless of the state they are in, has a legal obligation to operate their vehicle safely and follow all applicable traffic laws.

Breach of Duty

It must be proven that the at-fault driver violated that duty of care. Examples of breach include, but are not limited to:

Speeding
Texting while driving
Running a red light
Following too closely
Driving under the influence

Causation

It must be proven that the driver’s breach of duty caused the accident.

Damages

It must be proven that the injured party suffered actual losses because of the accident. Losses can include:

Sustaining injuries
Experiencing vehicle damage
Experiencing accident-related financial hardship

If these elements are clearly demonstrated, fault will be assigned to the negligent driver.

About Georgia’s Comparative Negligence Rule

Another thing to know about Georgia is that it relies on a modified comparative negligence rule when determining fault in car accidents. In other words, if more than one driver committed a breach of duty that led to the accident, the drivers will each carry a percentage of liability.

For example, let’s say driver A and driver B crash into each other. In the investigation phase, it’s discovered that driver A was speeding while driver B was texting and driving. Both behaviors played a part in the accident, so comparative negligence applies.

In cases like this, where comparative negligence is involved, compensation is adjusted accordingly:

A driver can recover damages as long as they are determined to be less than 50% at fault for the accident.
The driver’s compensation will be reduced by the percentage of fault.

For example, let’s say you are found to be 20% responsible for an accident, and you are awarded $100,000. Ultimately, your recovery would be reduced to $80,000.

Insurance adjusters and courts use this rule to allocate fault based on evidence, witness statements, and accident reports.

What Are the Common Factors Used to Determine Fault?

Fault is determined by evaluating all available evidence and testimony. Some of the most common factors considered in Georgia car accident cases include:

Police Reports

Officers often make a preliminary assessment of fault based on their investigation at the scene of the accident.

Traffic Citations

If a driver was ticketed at the scene for speeding, reckless driving, or running a stop sign, it may serve as strong evidence of fault.

Witness Statements

Independent witnesses can provide unbiased accounts of what happened.

Photographs and Video Evidence

Dash cams, surveillance footage, or cell phone photos and videos can help reconstruct the event and prove fault.

Accident Reconstruction Experts

In serious cases, specialists may be contracted to analyze the scene, vehicle damage, and road conditions to pinpoint fault.

Weather and Road Conditions

Slippery roads, poor visibility, or debris can play a role in determining liability.

An experienced car accident lawyer will gather and analyze all this evidence to build a strong case on your behalf.

What to Do After a Car Accident in Georgia

If you’ve been involved in a car accident in Macon or the surrounding Middle Georgia area, the steps you take immediately afterward can significantly affect your ability to recover compensation.

Optimize your safety, health, and rights after a wreck by following these critical steps:

Check for Injuries and Call 911

Always seek medical attention first. Even if injuries seem minor or nonexistent, serious issues like whiplash or concussions can reveal themselves later.

Contact Law Enforcement

Always request a police report. This is an essential document for proving fault and filing insurance claims.

Gather Evidence at the Scene

Take photos of the vehicles, road conditions, traffic signs, and any visible injuries. Collect witness names and contact information, if possible.

Avoid Admitting Fault

Never apologize or make statements that could be interpreted as admitting guilt. Fault should be determined by investigators, not drivers.

Notify Your Insurance Company

Report the accident promptly, but be cautious with what you say. Insurance adjusters often look for ways to minimize payouts. When in doubt, speak to a lawyer about approaching your insurance company.

Contact a Local Personal Injury Attorney

Before signing anything or accepting a settlement, speak with a Macon car accident attorney at Buzzell, Welsh & Hill. Our personal injury attorneys are skilled and experienced in tackling car accident cases and can help you navigate Georgia’s fault laws as you fight for fair compensation.

The Benefits of Partnering With a Car Accident Attorney

Even if fault seems obvious, insurance companies may dispute claims or try to shift blame, leaving you with far less compensation than you should receive. The skilled attorneys at Buzzell, Welsh & Hill can help by:

Investigating the accident thoroughly
Gathering police reports, medical records, and expert opinions
Negotiating directly with insurance companies
Representing you in court, if necessary

The attorneys at Buzzell, Welsh & Hill have decades of experience handling personal injury and car accident claims across Macon and Middle Georgia. We have an in-depth understanding of how Georgia’s fault system works and how to protect your rights at every stage of the process of seeking fair compensation.

Talk to a Macon Car Accident Lawyer at Buzzell, Welsh & Hill Today

If you’ve been injured in a car accident and are unsure who’s at fault, don’t try to handle it alone. The legal process can be complex, and insurance companies will do everything they can to act in their own best interest, not yours.

Instead, choose the team at Buzzell, Welsh & Hill to represent you. It’s our mission to help you understand your options, prove fault, and pursue the compensation you deserve.

If you’ve experienced a car accident in Macon, GA, or the greater Middle Georgia area, call Buzzell, Welsh & Hill at 478-217-2072.

Our experienced Macon personal injury lawyers specialize in car accidents and offer free consultations to help you pursue justice. Contact us so that our team can review your case, answer your questions, and guide you toward recovery.

Tell us about your case today by calling 478-217-2072

Related Articles

Recent Success Stories