There is a risk you could be involved in a car accident no matter where you drive in Georgia. Collisions occur on winding rural roads just as they do during the crush of traffic in busy Atlanta. The leading cause of personal injuries and death in the State of Georgia is car accidents.
Just because car accidents occur often does not ensure you will receive compensation if you or a loved one is injured during a collision. The legal challenges and complexities surrounding personal injury claims are difficult to navigate. If you happen to live in Atlanta and have been in a car accident, you must seek help from a reliable Atlanta car accident law firm. A personal injury lawyer at one of these firms can help you navigate this legal system and ensure that your rights are protected.
Proving negligence is a legal challenge after a car accident
If you are involved in a car accident in the State of Georgia, you will be required to prove negligence on the other driver’s part to file for compensation. Anyone driving a vehicle is expected to use a ‘duty of care’ when operating their car or truck and must drive in a reasonably safe manner.
Proving negligence is a legal challenge after a car accident as an injured plaintiff must show:
- The other driver should have used a duty of care when operating their vehicle
- The duty of care was not used by the defendant or other driver involved in the accident
- Because the other driver did not use the duty of care, you sustained the injury
- The injuries you’ve suffered have caused compensable damages
In some car accidents, the fault will be clear, such as a driver operating their vehicle while under the influence of drugs or alcohol. In other cases, the fault is disputed, and expert witnesses will be needed to provide detailed explanations of the accident. These explanations typically include a crash reconstruction.
The State of Georgia follows the Uniform Rules of the Road. This Georgia Code is listed under Title-40-Motor Vehicles and Traffic Codes. If a driver violates one of these codes or rules, negligence can be established as a matter of law. This violation, however, does not conclusively prove liability, as the injured party (plaintiff) will still have to show the negligent act was the direct cause of their injuries.
In some car accidents, there could be more than one negligent or liable party. If the accident involves an underage drunk driver, then the vendor who provided them the alcohol could also carry compensation responsibility for injuries you suffered. Another example of multiple liable parties is if a motorist was driving too fast and the municipality had not addressed the dangerous conditions of the roadway.
Some other scenarios could also result in more than one person being responsible for your compensation. A personal injury lawyer will understand Georgia laws and determine the best course of action for your lawsuit. These professionals are familiar with and know the importance of pre-suit investigations.
Proving damages is a legal challenge and complexity after a car accident
Once you have been able to prove negligence in your car accident, you must proceed to prove damages. How seriously you were injured could play a role in determining these damages. After a car accident, the other driver’s insurance company will likely reach out to you, offering a settlement agreement. You should not sign or accept any agreements without first consulting a personal injury lawyer.
In the State of Georgia, these are some examples of the damages you may be entitled to with your lawsuit:
- Medical expenses
- Estimate of future medical expenses
- Replacement of your vehicle or property damages
- Wages you’ve lost as a result of injuries
- The loss of your earning capacity if affected by your injuries
- Pain and suffering
- The loss of enjoying life
- The loss of a spouse or partner
- Funeral costs
Punitive damages are only available under Georgia law if there is clear and convincing proof that the defendant’s actions were wilful oppression, wantonness, fraud, malice, misconduct, or conscious indifference to their consequences. Punitive damages are intended to penalise or deter the defendant from performing these acts in the future.
These legal challenges and complexities are just examples of how difficult it will be for you to file a personal injury lawsuit for a car accident. Working with an experienced personal injury lawyer will make the process much easier and faster. These professionals will handle all legal matters to ensure your rights are protected while you focus on healing from your injuries.
Comments