Car Accident Lawyer in Atlanta, GA
It can be difficult to lose a family member or suffer from injuries as a result of a car accident in Atlanta, Georgia. If a reckless driver is responsible for your injuries or the death of a loved one, you need the help of a trusted car accident lawyer right away.
Different car accident laws prevail across states and to work towards getting the compensation you deserve. An experienced car accident attorney will have to revisit the crucial facts of your case. You and your car wreck lawyer will also have to decide on working towards a settlement or pursuing litigation.
No matter what route you decide to take, the success of your case begins with hiring a car accident lawyer you can trust.
Car Accident Statistics and the Need for a Car Accident Lawyer
The state of Georgia is no stranger to traffic-related car accidents. In an online report published by the Georgia Governor’s Office of Highway Safety, 2015 saw the biggest number of crashes for a period spanning seven years. In 2015, the number of crashed vehicles reached to 385,221, from 306,342 in 2008. The number of serious injuries was on the rise as well, reaching up to 19,405.
As a result, Georgia is considered one of the most hazardous states in terms of vehicle accidents. In 2013, it earned a ranking as the seventh deadliest state for drivers. In fact, the I-285 interstate, which circles the state of Atlanta, was ruled to be the most dangerous among all the interstates in the country for that same year.
The most common causes of car wrecks in the state include distracted driving, speeding, drunk driving, negligent driving, and other factors such as slippery roads.
If you or a family member has been hurt in a car accident in Atlanta, your car accident lawyer will want to meet with you to discuss the car accident laws that may affect your case.
Common Causes of Car Accidents in Atlanta
Given the staggering number of car accidents across the highways and interstates of Georgia, what are the top causes of these traffic mishaps? It is important for car accident lawyers to determine the cause of any vehicular accident in order to review the facts of their case and establish relevant evidence.
Some of the common causes of auto accidents in the state are the following:
- Distracted driving. For some people, checking their phones or receiving calls while driving seems like a natural thing to do. Unfortunately, many traffic accidents happen due to drivers’ unnecessary preoccupation while on the road. These distractions often involve receiving calls, sending or receiving texts, eating, or even putting on makeup.
- All over the country, speeding counts as the second most common cause of auto accidents. These drivers have no regard for speed limits, thinking that making it to their destination on time or ahead of time is the most important thing. If you are injured in an accident because another driver was excessively speeding, consult with a car accident lawyer as soon as possible.
- Driving under the influence of alcohol, drugs, or any impairing substance merits some of the highest punishments in the state of Georgia. Any victim of a DUI-caused car accident may seek punitive damages in addition to the usual economic and non-economic damages for compensation.
- Defective auto parts. Some traffic accidents are instigated by vehicle or motor malfunction while the vehicle is in motion. To be entitled to compensation, you have to work with a car wreck lawyer who will establish the car’s manufacturing defect and use that to show that you were not liable for the resulting accident.
- Hazardous driving conditions. These refer to slippery roads, lack of road visibility, the absence of road signs, and scattered, loose gravel on roads. Although drivers are generally advised to slow down their speeds in danger-prone areas, accidents can still happen either through careless driving or other uncontrollable factors.
These types of car accidents in Atlanta, Georgia could inevitably lead to exorbitant medical expenses, loss of wages, and intangible suffering. In the worst of cases, accident-related injuries may require lifelong rehabilitation and irreversible losses in income. If that sounds like your situation, make sure you hire a car accident attorney who will fight for your rights to be compensated fully and properly.
What Atlanta Car Wreck Laws Could Affect My Case?
Georgia operates under the “fault” rule in order to conclude which party is liable after a car wreck. The liable party, also represented by his or her own car accident lawyer, has the responsibility to pay for any personal injury or property damage to the plaintiff, or in the case of death, the decedent’s family or representatives. A car accident attorney, by way of gathering evidence, will help in establishing the other party’s liability so you can seek for full compensation for any physical injury or property damage.
An important guideline in determining compensation payments in the state of Georgia is the comparative negligence rule, which must be followed in the event of multiple negligent parties. The court will determine the percentage of liability of each party and proceed to evaluate due compensation.
The higher your culpability in the accident, the lower your compensation will be. It is important for your car accident lawyer to discuss this with you at the earliest time possible.
A modification of this comparative negligence rule makes any car accident case in Georgia potentially more complicated. Your car wreck attorney needs to inform you that in certain cases, you may not be able to recover any amount as compensation. This happens when you are found to be more than 50% responsible for the car accident. The only time you can recover in case of multiple liabilities is if your share of negligence is computed to be at only 49% or lower.
Due to the comparative negligence and modified comparative negligence rules in Georgia, seeking compensation after a vehicular accident in Atlanta may not be entirely simple. For this, you need the services of a committed car wreck lawyer to help you from the ground up.
Car Accident Compensation Claims
As the injured party in a car accident, you are entitled to seek compensation for economic, non-economic, and punitive damages. With the comparative negligence statute operating in the state of Georgia, however, you are allowed to recover compensation only if your negligence in the accident does not exceed fifty percent. Our Georgia car accident attorneys can help you obtain any of the following:
- Economic damages: These damages refer to quantifiable losses arising from your injuries in a car accident, which may include medical expenses, loss of current and future income, damage to or loss of property, and other objective losses.
- Non-economic damages: These damages, which have to be evaluated with the help of a car accident attorney, refer to intangible losses incurred as a result of the accident or injury. These damages seek to compensate you for the pain and anguish that arise following the accident.
- Punitive damages: In the state of Georgia, certain car accidents qualify the plaintiff to seek for punitive damages. These are damages which you can seek out in extremely serious cases of negligence or liability, especially if the negligent acts have resulted in dire physical impairment or death.
Your car accident lawyer should be able to determine whether you are entitled to one or several of these types of damages, and for how much. It is also important to decide whether your case will benefit from a settlement, which will involve negotiating an amount of compensation without proceeding to litigation.
Consulting Your Lawyer: A Settlement or a Lawsuit?
Both a settlement and court trial come with their own share of benefits and disadvantages. A good car wreck lawyer will help to determine whether your case will benefit more from one or the other.
True to its name, a settlement allows both parties to ‘settle’ on a certain amount as compensation without having to bring the case to court. If you decide on a settlement, your car accident lawyer will work with the other party’s car accident lawyers and insurance carrier to determine how much compensation you should receive for your injuries, pain, and suffering. A huge benefit to a settlement is that you are able to get compensation without the trouble of a lengthy court proceeding.
A common problem arising from settlements, however, is that the amount may barely account for all your losses. The insurance company may agree to pay you only a certain amount, without regard to your substantial economic and non-economic losses. In case this happens, your Georgia car accident attorney may advise you to file a lawsuit, leaving the court to determine how much compensation you receive.
Since a traditional lawsuit may stretch for weeks, months, or years, you have to be prepared to wait for longer than the usual time it takes to settle a case. Though that may be a downside for you, if a settlement fails to work for you, proceeding to litigation may give you the impartiality and compensation you deserve.
Entrusting Your Case to a Car Accident Lawyer in Atlanta, GA
Although there are many excellent lawyers offering their services across the country, what you ultimately need for your car accident case in Atlanta, GA, is a car wreck lawyer who understands the operative auto accident laws in the state.
After an accident, your car accident attorney should inform you of your legal rights as an injured party. This is especially crucial if, at the outset, you have little-to-no idea about your rights. As much as possible, your car wreck lawyer should represent you during discussions with the other party’s insurance agent. Most insurance companies will try to establish your negligence through any means possible in order to lessen the amount they need to pay. A prudent car accident attorney will look out for these signs and advise you against doing or saying anything that could incriminate you.
In addition to informing their clients of their legal rights, car accident lawyers can also launch into an initial investigation of your case, which is done to establish the groundwork for your claim. This process is also crucial in countering any accusation that the other party's insurance agent may throw against you. Here, your car accident attorney will have to review available police reports, witness accounts, CCTV footage of the collision, and even look into the driving records and history of the other driver.
As part of the compensation filing process, your car accident lawyer will also revisit your medical records to determine the amount needed for your current and future medications and treatments. Factored into the compensation are lost wages, property damages, and the non-economic losses of pain and suffering.
In the state of Georgia, you will have to file the claim from within two years of the date of the accident, or within four years for property damage claims.
Clearly, all these things will be difficult for you to accomplish on your own, especially with the injuries and losses you are already suffering. Fortunately, a car accident attorney will be present to assist you throughout the process.
With a trusted car accident lawyer, you can focus on recovering from your accident with the peace of mind of knowing your attorney is helping you get the maximum amount of compensation for your case.
Get in Touch with a Car Wreck Lawyer from The Weinstein Firm for Your Car Accident Case in Atlanta, GA
Here at The Weinstein Firm, we fully understand the personal, financial, and legal repercussions of a car accident. As a team of car accident lawyers knowledgeable on the prevailing laws in the state of Georgia, we have what it takes to effectively work on your case and help you recover from your losses.
Whether you choose to pursue a settlement or fight in court, our Atlanta, Georgia car accident lawyers are ready for you. We will review your case carefully and completely to determine the best possible course of action. Contact us at The Weinstein Firm today so a car wreck lawyer can get started on your compensation claim without further delay.