In a Georgia personal injury claim or automobile collision, there are four elements that must be proven in order for a plaintiff or injured party to be successful should they be forced to go to trial to pay for the medical bills and other personal damages.
The biggest element of any automobile collision claim is liability. Liability means that someone (the at-fault driver or defendant) was liable or at-fault for the collision. If the at-fault driver has been issued a citation, that means the officer who reported to the scene after interviewing everyone and looking at the evidence of the vehicle damage and vehicle positioning, will determine if he/she believes any laws were broken. If the answer is yes, a traffic citation is issued.
A court date will follow in the next couple of months depending on the county, or city where the court will be held.
If the at-fault driver intends on fighting the ticket, and no one is there to challenge them (you the person injured in the collision), it is not unheard of for the prosecutor or Judge to either reduce or dismiss the ticket. On the other hand, if you are present at the court date, rarely will a Judge dismiss a ticket if you bring to his attention this was the result of a automobile collision and you were injured. In that case it is likely that a Judge will find the at fault party guilty of their citation. If the at-fault party is found guilty, you have liability established on your personal injury claim.
This will help prevent the at-fault insurance company from denying the claim, and put you in a better position should this matter end up in court.
If you have been in an auto collision and are trying to deal with this matter yourself, but have come upon something that is either confusing or you feel as if you are not being treated properly by the insurance company, call an Atlanta Auto Accident Lawyer at 770-948-5454!