Insight

Why It's a Bad Idea to Admit Fault After an Accident in Georgia

Car accidents are complicated. Here's why you should avoid admitting fault.

Admitting Fault After an Accident in Georgia
SH

Stephen Hasner

December 16, 2019 01:00 PM

Car accidents are stressful. There’s no doubt about it. However, it’s important to keep in mind that the things you do after an accident matter. One of the worst things you can do is admit fault - even if you believe that you’re responsible. Here’s why: you might not be entirely at fault.

In fact, you might not even be primarily at fault. You just can’t know why an accident happened and who’s to blame unless there’s a thorough investigation. However, it’s unlikely that an investigation will occur if you apologize and accept responsibility immediately following a collision.

Accidents Are Complicated

Few things about car accidents are straightforward. It’s not often that an accident happens for one individual, isolated reason. Instead, many factors tend to come together to create a dangerous situation. Sometimes these factors are clear and obviousdrivers are speeding or intoxicated. Others aren’t as easy to identify. These often include:

  • Distracted driving practices
  • Defective vehicles, safety equipment, or airbags
  • Hazardous road conditions
  • Medical issues, and
  • Weather conditions.

It’s these quiet, unassuming factors that will remain unknown until someone digs deep and shines a light on them. If you just accept blame for an accident, however, you’ll never know if these other things might have also caused you to get into an accident. That information could be critical to not only preserving your right to recover compensation for your injuries, but maximizing your recovery, as well.

Negligent Accident Victims Can Potentially Recover Compensation in Georgia

One of the reasons why you want to make sure that your accident is investigated is because of something called contributory fault. Every state in the country has laws that talk about what happens when multiple parties contribute to an accident. Faultand financially liability for those accidents are allocated to responsible parties. Those laws also dictate if and when accident victims who share blame can recover compensation for themselves.

States have embraced three different ways of approaching these situations:

  • Contributory Fault: you’ll be barred from recovering compensation if you share any blame for your accident
  • Comparative Fault: you can recover compensation even if you’re primarily at fault, but your damages will be reduced to reflect your contribution to your accident, and
  • Modified Comparative Fault: you can recover some compensation as long as you don’t share more than a certain amount of the responsibility for causing an accident.

Georgia is a modified comparative negligence state. Simply put, accident victims can seek damages from other negligent parties as long as they’re allocated less than half of the blame for a crash. Once you share 50 percent of the blame (or more), you’ll be barred from getting any money, at all.

So, admitting fault immediately after an accident is clearly not in your best interest. Insurance companies and other parties involved will take your admission of fault and run with it. They’ll use it as leverage and proof when they point fingers and shift the majority (if not all) of the blame onto you after the accident. That will almost certainly end your pursuit of compensation before it even starts.

How to Make Sure Your Georgia Car Accident Is Investigated

Thanks to Georgia’s comparative negligence rules, you don’t automatically lose out on the right to recover monetary damages for sharing blame for an accident. However, if you do share fault, it’s critical that you speak with a local car accident lawyer.

Your attorney will know what to do and how to protect you. They’ll know what steps must be taken to preserve your right and ability to recover much-needed compensation for things like medical bills, lost income, and chronic pain.

First, your lawyer will instruct you to direct any and all communication with other parties and insurance companies to their law office. Insurance companies use manipulative tricks and tactics - you don’t want to let those work in their favor. Letting your attorney handle all conversations and negotiations is a great way to accomplish that.

Second, your personal injury attorney will make sure that your accident is subject to a thorough independent investigation. The details in the police report generated after your accident can be a great source of information and starting point. Your attorney can dig deep and work hard to determine what caused your accident and pinpoint anyone who might share blame.

Third, your attorney can rely on accident and injury experts as they investigate and build your case. These experts can provide critical insight into your accident and help your lawyer understand the extent of your injuries. This information can be used as leverage when negotiating a settlement on your behalf.

None of this, however, will happen if you apologize and admit fault after your Georgia car accident. So, the best thing to do is keep quiet, make sure everyone is okay, and get on the phone to call your lawyer.

----------

About the Author: Stephen Hasner is a workers’ compensation and personal injury lawyer in Atlanta, GA. His firm, Hasner Law, PC, has helped thousands of people injured due to someone else’s negligence.

Related Articles

Why Expert Help Is Essential After a Car Accident


by Ted Lorenz

An Attorney Can Help Investigate After an Accident

A Legal Expert Can Help After A Car Accident

Steps To Take After a Columbus Car Accident


by Mark Casto

Learn some steps to take after a car accident in Columbus, GA. Contact Mark Casto Personal Injury Law Firm for legal assistance if you were injured in a crash.

Two front ends of cars shattering in pieces after collision

Are Teenage Drivers More Likely to be in a Car Accident?


by Jason Stephens

Teenagers are more likely to be in car accidents due to driving inexperience. But what are the other factors, and what can be done to help?

Teenage Drivers and Car Accidents

The Malone Legacy


by Alicia Lu

Adam Malone continues the legacy of improving lives he and his late father, Tommy Malone, achieved together.

Adam Malone Best Lawyers 2020

Why You Should Never Admit Fault After a Car Accident in Philadelphia


by Ryan Zavodnick

It Will Hurt Your Insurance Claims

Never Admit Fault After a Car Accident

Are Cell Phones to Blame for a Rise in Rear-End Car Accidents?


by Michele Mirman

Distracted Driving Is Causing More Accidents

Cell Phones and Rear-End Car Accidents?

IN PARTNERSHIP

Should I Hire A Lawyer After A Houston Car Accident?


by Ryan Zehl

You should hire a lawyer after a Houston car accident for help proving liability, gathering evidence and pursuing insurance claims or lawsuits for compensation.

Yellow background with white car being viewed through magnifying glass

Truck Safety Watchdogs


by Best Lawyers

Unqualified, Poorly Trained Truck Drivers and Unsafe Trucks Heighten Roadway Dangers

Truck Safety and Roadway Dangers

Georgia's Best Lawyers 2022


by Best Lawyers

Our 2022 Georgia's Best Lawyers publication features top-ranked legal talent in Atlanta, Augusta, Columbus, Greater Atlanta, Macon and Savannah.

Georgia's Best Lawyers 2022

Car Accident Compensation in Florida


by Peter Catania

Are you curious about how to maximize your compensation after a car accident? These steps can help. Learn more here.

Car Accident Compensation in Florida

What Will a Car Accident Lawyer Actually Do for You?


by David Muñoz

Find out what you can expect after hiring a personal injury attorney. Learn about your legal rights to help you decide if you should hire an attorney after suffering injuries in a car accident.

What to Expect from A Personal Injury Lawyer

When Do You Need To Hire a Car Accident Attorney


by Jay S. Knispel

Injured in a car accident? Here are seven major signs you need to hire a car accident lawyer for your case.

Seven Signs To Hire a Car Accident Attorney

America’s Favorite Pastime: The Talk of the Town and the Courtroom


by MaKenli Ladd

Major League Baseball's disapproval of new voting legislation in Georgia is facing harsh criticism after they opted to move out of the state.

MLB Moves Out of Georgia After Voting Law

All Together With Pride: The Best Lawyers Team Volunteers During Pride Month


by Megan Edmonds

Offering time, muscle power, donations and more, the Best Lawyers team supports local advocacy groups’ events.

The Best Lawyers Team Volunteers During Pride

Crash Avoidance Technologies and the Litigation Landscape


by Jaime D. Jackson

Crash Avoidance Technology is now becoming widely implemented in production vehicles.

Crash Avoidance Technologies and the Litigati

Leading Cause of Car Accidents in Alabama? Failing to Yield the Right of Way


by Mitchel Lattof

Failing to yield the right of way was the leading cause of car accidents in Alabama in 2018. According to the Alabama Department of Transportation, failing to yield the right of way resulted in 23,832 crashes. Ninety-six of those crashes resulted in fatalities.

Shards of car glass on the street

Trending Articles

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Announcing the 2022 Best Lawyers® in the United States


by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

2021 Best Lawyers: The Global Issue


by Best Lawyers

The 2021 Global Issue features top legal talent from the most recent editions of Best Lawyers and Best Lawyers: Ones to Watch worldwide.

2021 Best Lawyers: The Global Issue

The U.S. Best Lawyers Voting Season Is Open


by Best Lawyers

The voting season for the 31st edition of The Best Lawyers in America® and the 5th edition of Best Lawyers: Ones to Watch® in America is officially underway, and we are offering some helpful advice to this year’s voters.

Golden figures of people standing on blue surface connected by white lines

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

The Best Lawyers in Australia™ 2024 Launch


by Best Lawyers

Best Lawyers is excited to announce The Best Lawyers in Australia™ for 2023, including the top lawyers and law firms from Australia.

Australian Parliament beside water at sunset

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

Inflation Escalation


by Ashley S. Wagner

Inflation and rising costs are at the forefront of everyone’s mind as we enter 2023. The current volatile market makes it more important than ever to understand the rent escalation clauses in current and future commercial lease agreements.

Suited figure in front of rising market and inflated balloon

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

8 Different Types of Criminal Defenses in Law


by Best Lawyers

Learn about the different types of criminal defenses available in law, including innocence, self-defense, insanity and more. Protect your rights today.

Silver handcuffs laying on finger printed papers

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards


by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky