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

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?

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

How Oklahoma's Fault Laws Can Impact Your Car Accident Lawsuit


by Kent McGuire

Oklahoma operates under a fault system for car accident claims. If you are injured in a car crash, you must prove that the other driver was "at fault" before you can recover compensation for your damages. Damages include your physical pain and suffering and your financial losses, such as medical bills and income loss.

Oklahoma's Laws Impact on Car Accident Lawsui

How to Handle Your Medical Bills After a Car Accident


by Craig D. Rosenbaum

Receiving medical attention after a car accident can be expensive. One personal injury lawyer details the steps to take when seeking medical attention after the accident.

Car Accident

Trending Articles

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

Best Lawyers Expands Chilean 2024 Awards


by Best Lawyers

Best Lawyers is pleased to announce the 14th edition of The Best Lawyers in Chile™ and the inaugural edition of Best Lawyers: Ones to Watch in Chile™, honoring the top lawyers and firms conferred on by their Chilean peers.

Landscape of city in Chile

The Best Lawyers in Spain™ 2023


by Best Lawyers

Announcing Spain's recognized lawyers for 2023.

Flag of Spain

Announcing The Best Lawyers in South Africa™ 2024


by Best Lawyers

Best Lawyers is excited to announce the landmark 15th edition of The Best Lawyers in South Africa™ for 2024, including the exclusive "Law Firm of the Year" awards.

Sky view of South Africa town and waterways

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

The Best Lawyers in Portugal™ 2024


by Best Lawyers

The 2024 awards for Portugal include the 14th edition of The Best Lawyers in Portugal™ and 2nd edition of Best Lawyers: Ones to Watch in Portugal™.

City and beach with green water and blue sky

The Best Lawyers in Peru™ 2024


by Best Lawyers

Best Lawyers is excited to announce the landmark 10th edition of The Best Lawyers in Peru, the prestigious award recognizing the country's lop legal talent.

Landscape of Peru city with cliffside and ocean

The Best Lawyers in South Africa™ 2023


by Best Lawyers

Best Lawyers proudly announces lawyers recognized in South Africa for 2023.

South African flag

The Best Lawyers in Chile™ 2023


by Best Lawyers

The results include an elite field of top lawyers and firms in Chile.

White star in blue box beside white box with red box on bottom

The Best Lawyers in Colombia™ 2024


by Best Lawyers

Best Lawyers is honored to announce the 14th edition of The Best Lawyers in Colombia™ for 2024, which honors Colombia's most esteemed lawyers and law firms.

Cityscape of Colombia with blue cloudy sky above

Announcing the 2024 Best Lawyers in Puerto Rico™


by Best Lawyers

Best Lawyers is proud to announce the 11th edition of The Best Lawyers in Puerto Rico™, honoring the top lawyers and firms across the country for 2024.

View of Puerto Rico city from the ocean

The 2023 Best Lawyers in Portugal™


by Best Lawyers

Announcing the elite group of lawyers recognized in Portugal for 2023.

Green and red Portuguese flag

Unwrapping Shrinkflation


by Justin Smulison

Through the lens of the United States, we take a closer look at the global implication of companies downsizing products while maintaining and often raising prices.

Chocolate bar being unwrapped from foil

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

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

Announcing the 2023 The Best Lawyers in Canada Honorees


by Best Lawyers

The Best Lawyers in Canada™ is entering its 17th edition for 2023. We highlight the elite lawyers awarded this year.

Red map of Canada with white lines and dots