Atlanta car accident lawyers have seen several accident victims. A car crash could cause injuries or kill the drivers or passengers of both vehicles. Sadly, many passengers are reluctant about filing car accident claims. They sometimes don’t want to proceed against their driver. This is especially the case where the driver is a family member.
However, it’s noteworthy that a car accident lawsuit isn’t a personal issue. Instead, you’re just recovering the losses the at-fault party’s negligence caused you. So, suppose you’ve been in an Atlanta car accident. It would thus be best to hire an excellent car accident lawyer. A skilled attorney can help you place responsibility for the crash. Furthermore, they can get you the compensation you deserve.
Determining Fault in a Passenger Injury Claim
Accident responsibility is a significant issue in Georgia. This is because the at-fault party bears the consequences of the crash. So, an attorney would conduct extensive investigations to prove the accident’s fault. In a single-vehicle impact, the driver of your vehicle is clearly responsible. However, a multi-vehicle accident changes the equation.
In these cases, either or both drivers could be liable. Sometimes, one of the drivers is manifestly at fault. The accident’s responsibility may also be unclear in these cases. An investigation may thus be needed to prove responsibility. Multiple parties may also be responsible for a passenger’s injury.
What Can an Injured Passenger Do?
A wounded passenger can get compensation from the at-fault party. Fortunately, there are multiple options for getting damages. Firstly, the passenger can file a personal injury claim against the at-fault party. This could be a lawsuit or an insurance claim.
Filing an Insurance Claim
Georgia law requires drivers to carry a certain amount of insurance. This basic insurance is called Personal Injury Protection (PIP). It covers traffic accidents and losses suffered as a result. Georgia’s PIP insurance includes a minimum of:
- $25,000 bodily injury coverage per person
- $50,000 total bodily injury coverage per accident
- $25,000 full property damage coverage per accident
This insurance would cover:
- Medical expenses
- Pain and suffering
- Physical therapy
- Death benefits
- Lost wages
- Lost or damaged property bills
Suppose the fault driver doesn’t have PIP insurance. Then, some other insurance policy may apply.
Filing a Personal Injury Lawsuit
You can also sue the at-fault party to get compensation for your wounds. Notably, though, you can sue either of the drivers that caused the collision. First, however, you must remember the Georgia Statute of Limitations if you intend to file a lawsuit. This law is crucial because it only gives you two years to file an injury lawsuit against the at-fault party.
If you miss this timeline, you can lose your right to damages. Finally, an injury lawsuit can give you more damages than an insurance claim can. For example, you could get punitive damages against the driver.
What to Do After an Accident
If you ever survive an Atlanta car accident, it would be best to act quickly if you want to get compensation. So, you have to act fast in gathering critical information for your compensation claim. Such data would include the at-fault driver’s:
- Contact information
- Insurance data, including insurer’s name and contact
- Insurance policy number
- Vehicle description
Finally, it’ll be best not to give a recorded statement when you approach the insurance company.
Can a Passenger Be Partly at Fault in an Accident?
Yes, vehicle passengers may share fault for a collision. This would be the case where they contributed in some way to the crash. A typical example would be where the passenger distracted the driver or knowingly hitched a ride with a drunk driver.
Also, a passenger may not contribute to the cause of the accident but may perform an act that worsens their injuries. For example, a passenger could neglect to wear the car’s seat belts. Such negligence is a disregard of Georgia’s seatbelt laws.
Furthermore, contributing to an Atlanta car accident or performing an act that worsens your wound can reduce your damages. This is because of Georgia’s comparative negligence rule. This principle reduces your compensation by your contribution to the collision. The 50% bar rule also bars recovery if you share more than 50% of the fault.
Atlanta Car Accident Lawyers Can Help Injured Passengers
Did you escape an Atlanta accident as a passenger? Then, you may be eligible for compensation. First, however, you’ll need the best Atlanta car accident lawyers available. Our attorneys at The Weinstein Firm can help you with this process. We have sufficient experience to place the accident fault and prove your right to damages. So, call us today for a FREE consultation.