Road accidents have now become an unavoidable part of our daily lives. Those who have never been in an accident or those who have not seen their loved ones get hurt in an accident can consider themselves lucky in this day and age. As the number of drivers and the number of cars on the roads increase, we also see a simultaneous increase in the number of road accidents. On many occasions, the drivers involved in these accidents are uninsured or underinsured. If you were in an accident with an uninsured or underinsured motorist, you need to immediately call and speak to an uninsured motorist accident lawyer near Johns Creek, Georgia.
Common Types of Car Accidents
No two accidents are the same. If you have been hit by an uninsured driver, how much compensation you will be able to receive depends partially on the type of accident and how this information can be used to determine which driver was at fault.
If you have been hit from behind, it is hardly ever your fault regardless of the reason you stopped your case. There is a basic rule of the road that says that any vehicle should be able to pull over safely if traffic is stopped ahead of it. If a vehicle is not able to stop safely, then it means that the driver is either following too closely or speeding excessively. If the driver turns out to be uninsured, they are even more so in violation of the law.
In the case of a rear-end collision, the damage will easily prove how the accident happened. For example, if both the front end of the car behind and the rear end of your car are damaged, it is sufficient evidence about who hit whom. Collecting damages, however, maybe another story since the negligent driver is not represented by an insurance company. Filing a lawsuit is an option, but there are certain legal aspects of doing so that you should discuss with an uninsured motorist accident attorney.
Sometimes, the driver who rear-ended the car in front of them is not 100% at fault. Maybe there was another car that suddenly cut off the car in front, or even forced the first car to back into the one in the rear. In these cases, there may be more than one person considered responsible for the accident. You will need to speak with your personal injury lawyer Johns Creek, Georgia to find out who can be considered liable for your accident before filing a claim.
A vehicle turning left is likely to hit a vehicle coming straight in the opposite direction. Most of the time, the driver turning left will be placed at fault since the car going straight has the right of way. However, there are some cases in which there are exceptions to this rule. These include:
- The vehicle moving straight was driving over the speed limit.
- The vehicle driving straight ignored a red light.
- The vehicle turning left started its turn when it was safe, but an unexpected event made it slow down or stop suddenly. (This is a very rare exception and hard to prove because there is a basic traffic rule that says that a vehicle making a left turn should wait until it can safely complete the turn before moving forward.)
Similarly to the rear-end collision, the location of the damage on the vehicles involved in the accident makes it clear who collided into who, but it is not always clear who should be considered at fault. It is always a matter of skill, expertise and sound knowledge of the law to demonstrate that. If in doubt, contact an uninsured motorist accident lawyer and find out what particular aspect of Georgia’s traffic law applies in your case and what to aim for in your claim. Remember, driving without insurance is illegal, so you do have a strong case if you are in an accident with an uninsured driver.
How Can Uninsured Motorist Accident Lawyers Help My Case?
A car accident lawyer serving Johns Creek, GA will help determine which of the parties involved in an accident is at fault. In other words, they will need to establish who was “negligent” or careless when the accident happened. Georgia is an at-fault state when it comes to road accidents, which means that establishing fault will be critical for any car accident lawyer. If you were the one who was hurt in the accident, you need to get medical attention, and once you can, you need to speak to an uninsured motorist accident attorney if you have the information that the driver who hit you was uninsured. Your uninsured motorist accident lawyer will use this information to prepare an argument on your behalf.
While relying on your judgment may help you determine who acted negligently in traffic, you may not always be able to establish what specific laws or regulations that person breached. Additionally, it is difficult to convince the other driver or their insurance company that the accident was their fault. That may seem unfair, but that is how the world works. If you are sure that the other party was to blame, you need to stay firm in your belief and find information and evidence that will support your claim. Your uninsured motorist accident attorney can really help during this time as they can gather evidence on your behalf. Not only will they know what to look for, but they will also know how to analyze that information and use it in a way that will benefit you and your case.
Uninsured motorist accident attorneys work very hard to provide the courts with evidence that would convince them that the driver in question was indeed at fault. This could include any physical evidence, witness testimonies as well as information supported by expert testimony.
How Georgia Uninsured Motorist Accident Lawyers Use Police Reports to Gather Evidence
It is imperative that if you are in an accident, you notify the authorities immediately. Many people make the mistake of either fleeing the scene without informing the authorities. This is especially true when the negligent driver does not actually have insurance. While it is the law for all drivers on the road to carry insurance, some people let their policies expire or cancel them completely to save money each month. If these drivers get into an accident, they feel the consequences of causing an accident in addition to their lack of insurance will land them in big trouble.
This is definitely true. Not only does fleeing the scene make the other driver look bad but once they are caught, they can face even more consequences. If you have been in an accident and the other driver fled the scene, your lawyer and the police can help track down the negligent driver using witness testimony, your recollection of the car’s make, model, and license plate number, or a description of the driver.
Calling the police after a wreck is a good idea, even if the other driver did not flee the scene. If the police were notified that someone was injured and they came to the scene, they must then file a report, and this document will be very helpful when your uninsured motorist accident lawyer files your claim. The first thing that an uninsured motorist accident attorney would typically do in this case is to contact the local police division for a copy of the accident report.
In most cases, the police report states the opinion of the officer who wrote the report and whether they believe an infringement of certain traffic laws led to the accident. Depending on how serious the accident is, the report may mention negligent behavior as the cause of the accident, without specifying any law violation leading to it. Whatever the case may be, the police report is an important document which your uninsured motorist accident attorneys will use to make an argument.
Regardless of the minuteness of the police report, any reference or mention of traffic law infringement contained therein is valuable information that the Georgia uninsured motorist accident lawyer can use in building their case to prove that the other person was actually at fault.
Georgia State Traffic Laws for Uninsured Motorist Accident Lawyers Near Johns Creek
There are traffic laws and insurance requirements in place that are designed to offer protection in case of an accident. Your uninsured motorist accident lawyer can and will use these laws to build an argument for your case. There is a set of road rules that are an integral part of each state’s statutory framework, generally referred to as the “Vehicle Code.” Any violation of the vehicle code is wrong, and if you had an accident with an uninsured driver, this is a clear violation of the law in Georgia that requires all registered vehicles to have insurance coverage.
If you want to be sure you have a case, you should simply ask your uninsured motorist accident attorneys. They will be well aware of the state vehicle codes and can use this information to help you build a case against the other driver and prove to your insurance company that you were not at fault.
Keep in mind that driving without insurance is illegal in the state of Georgia. Therefore, your uninsured motorist accident lawyer already has a very valid argument that the other driver was not only irresponsible but was driving illegally.
If the Other Driver is Uninsured, How Can I Seek Compensation?
Unfortunately, the reality is that there are still many drivers on our roads that are driving uninsured vehicles. When an accident occurs with an uninsured driver or one who is underinsured, the case becomes fairly complicated.
Your uninsured motorist accident lawyer would suggest a few options. First, you may be able to file a claim with your own insurance company. If you have uninsured motorist coverage as part of your insurance policy, things could become very simple for you. However, since uninsured motorist coverage is not mandatory, there is a chance that you won’t have this coverage in your policy. If this is the case, you have the option of filing a lawsuit against the other driver. For this, you will need to consult an uninsured motorist accident attorney.
Since there is no insurance policy, collecting damages can be tough. The other driver may not be able to afford the cost of your medical expenses or lost wages. That is why you may need to consult with an uninsured motorist accident lawyer. Since your attorney has your best interests in mind, they can help you choose the best route for seeking the compensation you deserve.
Do keep in mind that insurance or no insurance, the legal system in Georgia follows the comparative negligence rule when establishing fault. Therefore, even if you allegedly were the ‘harmed party’ in a Johns Creek, GA, car accident, your negligence as a driver is likely to diminish your compensation under the “comparative negligence” rule.
For instance, if the accident took place at night and both your brake and tail lights were out, your uninsured motorist accident attorney may have a more difficult job helping you get 100% of the compensation you require. Your percentage of fault in the accident will greatly reduce the amount you can receive, which is why you should seek guidance from an uninsured motorist accident attorney soon after your accident. That way, they have ample time to collect evidence that proves you had little or no fault in the accident that took place.
Contact An Uninsured Motorist Accident Attorneys Near Johns Creek, Georgia
At The Weinstein Firm, we have uninsured motorist accident attorneys who are well aware of the rules of the road and the legal requirements. Our uninsured motorist accident attorneys near Johns Creek, GA will help you get the compensation you deserve even if there is no insurance company to negotiate with for your damages. There are provisions in the legal system that offer compensation in such cases. But you do need to discuss the specifics of your case with our uninsured motorist accident attorneys so that they can prepare a strong and legally valid argument on your behalf.
Our uninsured motorist accident attorneys at The Weinstein Firm will provide you with the best possible legal representation. We are here to help no matter how tough the case or how difficult the situation. Call our injury firm near Johns Creek today, and our lawyers will be happy to assist you.