The importance of the traffic accident report
The traffic accidents in Atlanta They are very frequent. Unfortunately, sometimes we get caught up in one. It is important to know what to do and what not to do when involved in a traffic accident in Atlanta or the State of Georgia. As a first measure, after crashing or having been crashed by another car, what usually happens is that the emergency number is called to check if there are any injuries after the traffic accident.
Authorities generally write a car accident report, which is a valuable document about the facts and results of the car accident investigation. State authorities often use a uniform version so that officers or highway patrol can complete the accident investigation. The officer will use said report to document his findings and reach conclusions, trying to determine what has to do with the responsibilities of the parties involved. Whether you benefit will largely depend on what is written in said traffic accident report in Atlanta.
However, it should be noted that the police report of the car accident is not admissible as part of the trial. The officer may refer to the report when expressing his observations about the traffic accident in Atlanta. When the police officer issues a citation attributing fault, the citation is not admissible. While police officers and highway patrol officers are highly trained accident investigators with years of experience, they are only permitted to testify about their first-hand observations and will not be able to offer opinions on liability under any circumstances.
In any case, although for the state authorities of the State of Georgia who make the final decisions of the trial, this police accident report is not valid during the trial, for the insurance company investigators the said car accident report is generally accepted as sufficient evidence, with a view to establishing responsibility therein. Given this, they will almost certainly use the document to determine the location of the property damage, as well as its value, among other important details of the investigation.
The police or accident report is very useful for accident investigators, who have extensive experience and professionalism to be able to conclude the causes and details of the accident in court. The State of Georgia allows police officers to testify about their first-hand observations, although their word does not carry any weight in terms of liability during the trial, nor is it decisive in the jury's final decision about of the same.
Insurance companies generally accept the car accident report as part of the evidence intended to establish liability. This report is also used as a document to determine the location of property damage. By making an accurate reading of the report of a car accident, the responsibility of the parties involved is clarified; The witnesses and their statement to the police officer during the scene, as well as other observable facts relevant to the trial, are also heard. You have to be very careful, as many police reports do not always turn out to be accurate or fit the facts exactly.
Even if the officers are willing to give their statement, as a general rule, there will be accident reports with obvious errors issued by the police. So it is not advisable to take such statements or reports as the last word. The attorneys at Tovar Hastings Law have extensive experience in settling these types of cases, thanks to their knowledge and years of work in the Atlanta courts. That is why it is necessary to have the professional advice of the best attorneys in Atlanta regarding traffic accidents. After 3 to 6 days after the accident, you can request your accident report from the Atlanta Police.
There are, within the car accidents in the State of Georgia, about 21 categories, which provide multiple information about the types of vehicles, their parts involved, the weather during the accident, the specific conditions of wear and engineering failures of the road. , the physical forces in collision during the accident, damage to private property, the points of impact and the injuries that result from them. It should be noted that, as may be obvious, not all categories will apply to your individual case. We are going to make a list to analyze those that are most common, within the cases treated by the professionals at Tovar Hastings Law in Atlanta and the State of Georgia and that serve as a reference to be able to do a study according to the case you have. , particularly.
In Georgia, a report from car crash It is a valuable document that contains facts and investigation results about your car accident. Many states use a uniform version for state troopers or highway patrol to use when completing an accident investigation. The officer uses the report to document his findings and reach conclusions in most cases as to responsible parties.
Although a determination of guilt in the police or automobile accident report is not admissible at trial, the officer may refer to the report when expressing his or her observations. If a police officer issues a citation that assigns fault, that citation is not admissible. While police officers and highway patrol officers are trained accident investigators and many have years of experience, they are only allowed to testify about their firsthand observations and not offer opinions on liability.
Insurance adjusters will generally accept the car accident report as sufficient evidence to establish liability. They will also use the document to determine the location of property damage.
An accurate reading of a car accident report will tell you whether liability is an issue, what the parties and witnesses told the police officer at the scene, and other observable facts. Be careful though, police reports are not always 100% accurate. While officers can do their best to clarify the facts, we have reviewed many accident reports with obvious errors. So don't always take the report as gospel. A good personal injury attorney that Atlanta residents trust should do their own research. You can obtain a copy of the car accident report directly from the investigating officer's department or online at buycrash.com within 3 to 6 days of the accident.
A Georgia car accident report has 21 categories that provide various information about the vehicles, parts, weather, road conditions, direction of travel of vehicles, property damage, point of impact and injuries. Of course, not all categories will apply to your individual case. But the following are the most common ones you should look into:
Alcohol and drug testing
If a driver tested positive for drugs or had a blood alcohol concentration (BAC) level of 0.08%, they are presumed to be under the influence. This is also true if the driver refused to consent to the test. This section also indicates whether the driver had a breath, blood, or urine test. A positive test can be considered negligence per se and can be used to pursue punitive damages.
For the purposes of receiving compensation, the attorney will require the name of the insurance company that represents the driver being sued for causing the damages, so that written notification of your claim can be sent promptly. The lawyer from Tovar Hastings Law is in charge of this part.
Likewise, within the investigation, it is determined if the field of vision of the driver responsible and those involved were hindered due to the weather, another vehicle or other factors. That way, it can be determined with certainty within the investigation which of these factors contributed to causing the accident or whether the accused driver was negligent and did not take reasonable precautions.
This section investigates what type of movements or inertia could cause the vehicles to be compromised at the moment of impact; This may suggest, after the investigation, the responsibility of each of the parties.
Other factors that contribute to the tests
There are about 42 contributing factors, which are duly listed and which may cause the accident. These include: exceeding the speed limit, distraction by the driver, deterioration and defects in the road surface, betting on races, mechanical problems resulting from wear, among others. In some cases the driver was incapacitated to drive or was under the influence of alcohol or drugs; In this way the establishment may be liable according to the liquor store laws in the State of Georgia.
It is also analyzed when a traffic control device - which may be a stop sign or other signage - is directly responsible for causing the accident.
The way traffic moved in the area where the accident occurred, whether it was two-way traffic, with or without separation by barriers or traffic, as well as where a group deviates into another lane. If a defective barrier has allowed a car to cross into the opposite lane of traffic, then city or county municipal liability should also be investigated.
Number of occupants and speed published on signs
These refer, as is clear, to the number of people the car was carrying and what the speed limit was on the signage of the road on which the accident occurred.
Contributing Defects to the Roadway
In the event that the officer believes that road conditions have contributed in some way to the accident - such as standing water, mounds of sand, slippery surfaces or holes in the road - liability may also be considered on the part of the authority in charge. of road maintenance. If there are sharp curves, it is uneven, or the route of the road is on a promontory or slope that suddenly rises at a pedestrian crossing, etc. All of this may suggest that the driver's maneuverability or vision may have been obscured or that proper precautions were not taken.
Damage to vehicles
Sometimes it is possible to presume that the severity of an injury is directly related to the property damage suffered. This means that the car can be crushed and as a result, the driver only suffers minor injuries; A car may also have minor damage, yet the driver may suffer serious injuries. Within this category there are 4 different options within the subjective judgment of the officer. These 4 levels of damage chosen by the officer can be: 1) there is no damage; 2) minor damage; 3) functional damage; or 4) disabling damage.
This section indicates whether there was work or maintenance on the road at the accident site.
Narrative and Diagram
There are several other categories in the report. The ones we have reviewed above are just some of the boxes that the officer will usually fill out when preparing his report. Within the most important parts of this, the officer will write a narrative, draw a diagram, and provide witness information. Here the facts, time, weather, situation, state of alert and injuries, among other essential details for the subsequent investigation, are accurately described.
In any case, as we always recommend at Tovar Hastings Law, if you have suffered a traffic accident, do not wait for time to pass and contact Tovar Hastings Law so that an expert lawyer in traffic accidents in Atlanta can provide advice on your case.