Motor Vehicle Accidents in Atlanta

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Were you or a member of your family injured in a car accident?   If you sustained minor injuries and property damage or worse, a loved one was killed in this car accident, we can help.  Call us at the Motor Vehicle Accident Law Offices of “insert attorney name” in Atlanta. 

Overview

  • Reasons motor vehicle accidents occur:
    • Driver negligence
    • Road hazards
    • Defects in the automobile
    • Weather – rain, icy roads
  • Motor vehicle accidents are the leading cause of injury in the United States.
  • According to the National Highway Traffic Safety Administration:
    • Someone is injured by an auto accident every 10 seconds
    • A death occurs every 12 minutes
    • 117 people die each day
  • If an accident occurs, you should call an attorney as soon as possible; do not discuss with insurance representatives from the other person’s insurance company.
  • A Statute of Limitations applies to personal injury cases; consult your attorney.

If you are involved in a motor vehicle accident
At the scene

  • Call the police – wait for them to arrive.
  • If the car accident happens on the highway, call the Georgia State Patrol or the sheriff’s office.
  • Never leave the scene – you could be subjected to criminal prosecution if you do.
  • Call for an ambulance if needed.
  • Exchange with the other driver:
    • Name
    • Address
    • Telephone number
    • Driver’s license
    • Registration number
    • Insurance company name and policy number
    • Get all passenger and witness names (if any)
  • Do not speak to anyone other than the police, do not admit to anything and do not sign anything.
    • Call an attorney as soon as possible.
    • Get all passenger and witness names (if any).
  • Keep a disposable camera, pad and pencil in your car – take photos of damages.

Later

  • Call your insurance company.
  • Get a copy of the police report as soon as you can.
  • Your liability insurance may cover payments to you and your passengers for medical expenses.
  • If the other person was at fault, you can make a claim for personal injuries – determined by your medical expenses and loss of wages.
  • Vehicle damage is covered by your collision or comprehensive policy or you can sue the other person for reimbursement.

Comparative Negligence

  • In Atlanta, you might be able to receive compensation for injuries due to an auto accident that was partially your fault.
  • The doctrine of comparative negligence – If it is determined that the other party in the car accident was more than 50% responsible, you can recover damages in a proportionate amount.
  • In the State of Georgia, if you are found to be at least 50% responsible for the auto accident, you will not be awarded damages.

Personal Injury or Tort Law

  • Definition:  You are physically or emotionally injured by a driver’s negligence or carelessness.
  • Georgia law states that you will be compensated for damages caused by a negligent driver.
  • Personal injury occurs when:
    • Legal duty (a car accident) happens between you (the injured party) and the defendant (negligent driver).
    • A breach of that duty must occur – did not take action to prevent the accident.
    • Damage occurs because of the breach (car accident).

Uninsured Motorist Coverage

  • Georgia law requires all motorists to have insurance; however, some do not.
  • You can make a claim under your own policy if the at-fault driver does not have insurance.
  • The same applies in the case of a hit and run driver.
  • Even though your insurance company is obligated to pay your claim, it can be difficult.

Wrongful Death

  • The loss of a loved one due to the negligence of another person.
  • Claims provide monetary damages to the deceased’s beneficiaries and/or dependents.
  • The court will also consider the funeral and medical expenses.
  • Sometimes you can recover punitive damages against the defendant.

Conclusion
In some cases you can settle your case without filing a lawsuit; however, this can be very stressful and you can end up with less money than you anticipated.  If you have been involved in an automobile accident, contact an attorney at the Motor Vehicle Accident Law Offices of “insert attorney name”.  We will evaluate your case and explain the best legal options for you to take.

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