Table of Contents
Car accidents remain a significant concern in Georgia.
Car accidents remain a significant concern in Georgia. Despite advances in vehicle safety features and stricter traffic laws, motor vehicle collisions continue to cause considerable harm. These accidents were the second leading cause of injury-related deaths, hospitalizations, and emergency room visits across the state in 2020.
This alarming statistic underscores the importance of understanding your rights and options if you find yourself the victim of such an incident. Whether navigating the aftermath of a minor collision or dealing with the severe repercussions of a major car accident, having our knowledgeable car accident lawyer in Atlanta can make a critical difference in the recovery process.
Types of Damages The Dixon Firm Can Help You Secure
The victim of a car accident in Georgia must prove both the nature and the value of their losses. These are known as damages, and they can be divided into economic and non-economic damages.
Economic damages can be objectively calculated and usually include:
- Medical bills, including for hospitalization, surgery, adaptive medical equipment, and prescription medications
- Lost wages for time missed from work due to the accident
- Decreased earning capacity if the victim is unable to work at the same level of productivity as before the crash
- Vehicle and personal property damage
Meanwhile, non-economic damages are intended to cover more subjective losses such as:
- Pain and suffering
- Emotional distress
- Mental anguish
- Disability
- Disfigurement
- Loss of enjoyment of life
- Loss of consortium
What if You Were Partially to Blame for the Crash?
Many accidents do not involve clear-cut fact patterns where the victim is totally free of fault while the defendant is completely to blame. It may be the case that you were partially to blame for the crash, for example, because you were speeding. In a situation like this, you can still recover compensation as long as your fault does not equal or exceed that of the other party, but the degree to which you were at fault will decrease the amount of compensation you receive.
The jury will assign a relative percentage of liability to you and the other party. Then, the amount of damages you receive will be lowered by this percentage.
Say, for example, that your damages total $100,000. However, the jury decides that you were 40% liable. Your damages will be reduced by 40%, or $40,000, netting $60,000. On the other hand, if you were 50% or more responsible for the accident, you will not receive anything due to Georgia’s modified comparative negligence statute.
Comparative negligence encourages at-fault parties and their insurance companies to try to shift as much blame as possible to the victim. For this reason, you need seasoned legal counsel representing you.
What Should You Do Immediately After a Car Accident in Georgia?
If you have been involved in a car accident, we suggest you immediately do the following:
- Call 911 to report the accident and any injuries you or your passengers sustained.
- Even if nobody was hurt, notify the police and inform the responding officer of the basic facts.
- Obtain a police accident report number from the responding officer.
- Identify any witnesses to the accident, noting their names and contact information.
- Take photos and record videos of the accident scene and your injuries.
- Swap insurance information, vehicle information, and identifying information (your name and contact number) with the other driver.
- Do not admit fault or apologize in any way for the wreck.
- See your doctor right away and follow all medical recommendations.
- Contact your insurance company to report the accident, but only give basic details and do not admit fault.
- Connect with an experienced car accident attorney in Georgia.
Common Causes of Car Accidents
From the distraction of a buzzing smartphone to the blur of speeding vehicles, here are the predominant causes behind every car accident in Georgia.
Distracted Driving
Distracted driving remains a major driver of accidents in Georgia. This includes any activity that diverts attention from driving, such as texting, using a cellphone, eating, or adjusting the radio.
Driving Under the Influence (DUI)
Driving under the influence of alcohol or drugs is a serious offense in Georgia and a major cause of automobile accidents. Impaired drivers exhibit reduced reaction times, impaired judgment, and decreased motor coordination, significantly increasing the likelihood of accidents.
Speeding
Exceeding speed limits is another critical factor in traffic accidents. Speeding reduces a driver’s ability to steer safely around curves or objects in the roadway, extends the distance necessary to stop a vehicle, and increases the distance a vehicle travels while the driver reacts to a dangerous situation.
Driver Fatigue
Fatigue can impair a driver’s response time and decision-making capabilities, akin to the effects of alcohol or drugs. Driver fatigue is even more common among long-haul truck drivers and those who drive during irregular hours. Recognizing the signs of fatigue and understanding the importance of adequate rest is essential for preventing these types of accidents.
Reckless Driving
Reckless driving includes a range of dangerous behaviors such as changing lanes abruptly, aggressive driving, not yielding the right of way, and ignoring traffic signals. This disregard for road safety can lead to high-impact crashes that endanger not only the reckless driver but also other road users.
Equipment Failure
Equipment failure, such as brake failure, tire blowouts, or engine problems, can also lead to serious accidents. Regular vehicle maintenance is crucial to preventing such issues and ensuring vehicle safety on the road.
Insights into these causes of car accidents underline the importance of safe driving practices and the role of drivers in preventing accidents.
Types of Car Crashes You Can Sue For
Understanding the various types of car crashes in Georgia can help victims make a better case for the at-fault driver’s liability. Examples include:
-
Rear-End Collisions:
These occur when one vehicle strikes the back of another, often the result of following too closely or being distracted. Rear-end collisions can lead to significant injuries like whiplash, which might not be readily apparent.
-
Head-On Collisions:
Common causes of head-on crashes include distraction, fatigue, and impairment. A head-on crash is sometimes fatal because of the combined force of the two vehicles moving towards each other, but non-fatal injuries can be significant.
-
Side-Impact Collisions:
Also known as T-bones and broadside collisions, side-impact collisions happen when the front or rear of one vehicle strikes the side of another. Common at intersections, their causes include failing to yield and disregarding traffic signals.
-
Sideswipe Collisions:
When two parallel cars touch and scrape each other on the side, often because of not checking blind spots or staying within their lanes, the collision may only cause cosmetic damage. In more serious cases, a driver may lose control and crash.
-
Single-Vehicle Accidents:
Some crashes only involve one vehicle and can result from poor road conditions, inclement weather, and driver error. While the driver is the primary victim, passengers may also sustain injuries.
-
Multi-Vehicle Pile-Ups:
One collision may trigger many others, especially where high speed and following too closely are factors. This complicates the legal issue of causation but also results in more serious injuries.
Regardless of what type of car accident you have been in, it is vital to your health and your rights that you seek immediate medical attention. Then, consult our car accident lawyer in Atlanta to understand the steps you should take next.
Why Should You Hire The Dixon Firm for Your Car Accident Claim?
Hiring a lawyer means considering more than the attorney’s legal experience and skill. You want a lawyer who will develop a personalized strategy to make your strongest case possible and seek the maximum amount of compensation. The Dixon Firm handles each client’s case with the dedication and professionalism that they deserve.
Attorney Rod Dixon worked for 10 years in insurance defense, learning the various tactics that insurers and their legal teams use to achieve the most advantageous outcome for their bottom line. Now, he applies that knowledge to help his personal injury clients. Find out why so many clients trust The Dixon Firm to advocate for their best interests.
Atlanta Car Accident Lawyer FAQ
These are a few of the most frequently asked questions about car accidents in Atlanta. If you have additional questions, please give our law office a call.
How Long Do I Have to File a Car Accident Claim in Georgia?
You do not have an unlimited amount of time to file your car accident lawsuit. Georgia has what is known as a statute of limitations, which sets a deadline after which the victim will normally have no legal recourse. The time limit is generally two years from the date of the accident, although limited exceptions may extend this deadline.
Regardless, it is strongly advised that you initiate legal action early to preserve evidence, retain key witnesses, and make your best case.
What if the Other Driver Was Uninsured?
Although it is illegal to drive without automobile liability insurance, evidence indicates that over 12% of Georgia drivers are uninsured. If you were in an accident for which the other driver was at fault, you may file a lawsuit against the driver personally to recover compensation for your injuries.
You may also be able to avail yourself of your own insurance company’s uninsured motorist coverage. However, you should speak with a lawyer either way, including if you are dealing with your own insurer.
How Much Is My Georgia Car Accident Case Worth?
An experienced personal injury attorney will understand the value of your case. This requires more than simply adding up the medical bills and tabulating how much work was missed, because many damages (such as decreased earning capacity) are based on estimates as to how the accident will impact the victim down the road. An expert witness can help assess your current damages and projected future ones.
Should I Bring Anything to My Free Consultation?
You should bring as much information as you have about your accident and the damages you have incurred. This includes police reports, medical bills, your pay stubs and work records (including time missed), your insurance information, a list of witnesses, and photos and videos documenting the accident and your injuries. Also, bring a written and detailed description of the events leading up to and immediately following the car accident.
Will I Have to Go to Court for My Car Accident Case?
Most car accident cases settle through both formal and informal negotiations between the victim and the at-fault party. One specific settlement procedure is mediation, by which a neutral third-party mediator helps the parties negotiate and reach a mutually agreeable resolution. Whether your case will settle or go to trial is based on such factors as the severity of your injuries, the insurance company’s willingness to negotiate in good faith, and whether the insurer agrees to fairly compensate you for all past, present, and future damages.
How Long Will It Take for My Car Accident Case to Resolve?
It will likely take anywhere from several months to a year to either settle or try your car accident case in court. Many of the same factors that affect settlement will affect this timeline. Other factors include how many parties are at fault, the quality and complexity of the victim’s evidence, and whether the victim played any role in causing the accident.
What Do I Do if the Accident Involved a Rideshare Driver?
If an Uber, Lyft, or other rideshare driver caused your accident, you may be able to file a claim against the rideshare company’s insurer. However, if the driver was not logged into the rideshare app at the time of the crash, the rideshare company may not be liable.
These cases are complex and involve questions of what the driver was doing when the wreck happened and whose insurance company (that of the driver or the rideshare company) has to pay. Talk to our legal team right away.
Reach Out to The Dixon Firm for Help with Your Car Accident Case
Every car accident case is unique in terms of the underlying facts and the monetary compensation that the victim needs to recover from their injuries. Regardless of why or how your collision occurred, having a dedicated Georgia car accident lawyer will make a difference. You can count on The Dixon Firm to fight for you at each stage of your claim, from the initial investigation to the courtroom.
Get started by contacting us today.a