What can I do if the at-fault driver claims the accident was caused by a defective vehicle?
Atlanta, the capital of Georgia, is known for its rich history, diverse culture, and unfortunately, its traffic. With its sprawling highways and constant flow of vehicles, accidents are all too common. But what happens when the at-fault driver in an accident shifts the blame to a purported vehicle defect? Navigating such claims can be challenging, but with the guidance of an Atlanta Car Accident Lawyer like Scholle Law, victims can pursue justice and the compensation they deserve.
Sometimes after a Georgia motor vehicle accident, the at fault driver will try to blame the wreck on a defective vehicle. They say their car just didn’t work right. That may or may not be true. But the burden will shift to that driver to prove that their car was defective.
And if that driver failed to maintain their car and it was defective because they were negligent in failing to fix that car, then that driver will still be held responsible for your injuries.
Is It Always the Driver’s Fault?
It’s common for insurance companies to play the blame game when a significant claim is made. Sometimes, a driver might argue that it wasn’t their reckless driving or negligence that caused the accident, but rather, a defect in their vehicle. In such cases, understanding Georgia’s stance on at-fault accidents is crucial.
Georgia: An At-Fault State
Georgia operates under the “at-fault” system when it comes to car accidents. This means the driver responsible for causing the accident, or their insurance, is expected to cover the damages. However, if a vehicle defect is truly to blame, the scenario might change. It’s essential to know your rights and have a competent Car Accident Lawyer to guide you through the intricate paths of law.
Average Settlements in Georgia
In many cases, accident victims are entitled to compensation for medical expenses, pain and suffering, lost wages, and more. The average settlement for car accidents in Georgia varies based on multiple factors, including the severity of injuries, property damage, and the clarity of fault. With legal representation, victims are often in a better position to negotiate and get a fair settlement.
Vehicle Defects: The Unseen Culprit
A defective vehicle can indeed be the primary cause of a collision. Whether it’s due to a brake failure, steering issue, or a malfunctioning airbag, defects can turn a vehicle into a hazard on the road. If the at-fault driver can prove that the accident resulted from a vehicle defect, the responsibility might shift from the driver to the vehicle manufacturer or even a mechanic who recently worked on the car.
It’s important to point out the other driver can still be liable for a defect in their car if they knew, or should have known about the defect, and operated the vehicle despite the defect. Defective brakes typically don’t just happen. There are usually some warning signs that the brakes don’t work or maybe some metal grinding (indicative of worn rotors). Negligent maintenance or a failure to maintain the vehicle is still negligence and will still subject the vehicle owner/operator to liability.
In such cases, it’s essential to gather as much evidence as possible. Consulting with experts, checking for vehicle recalls, and meticulously examining the accident scene can provide insights into the true cause of the crash.
Conclusion
While car accidents in Atlanta are an unfortunate reality, knowing one’s rights and the avenues available for compensation is crucial. If you find yourself in a situation where the at-fault driver is blaming a vehicle defect, don’t navigate these waters alone. Enlist the assistance of a skilled Atlanta Car Accident Lawyer to ensure you receive the justice and compensation you rightly deserve.