By: Atlanta personal injury lawyer Michael Thompson, of the McArthur Law Firm, acting as attorney injury advocates since 1980
When people involved in a serious accident on Georgia’s roadways, most know to seek the help of a car accident injury attorney near me with impeccable credentials, plus with over $450 Million in prior recoveries for clients. The personal injury attorney selected as your Atlanta car accident attorney or pedestrian accident attorney needs to have an excellent track record at winning but also at staying in touch with their clients.
Traffic in Atlanta gets heavier and more dangerous year after year. The speeds being traveled on multi-lane roads like Georgia 400, I-285 and other major thoroughfares have increased the likelihood of an Atlanta traffic accident.
Common sense tells you that unrepresented injury claimants seldom get the full value of their special damages (e.g., for pain and suffering) if not guided by an experienced motor vehicle accident attorney near me. Insurers don’t pay more than they have to, and see very little chance that an injured person will know the true case value.
General damages for loss of the vehicle and medical bills may be fully paid without the help of a car accident injury lawyer near me, but this does not calculate or include money for the person’s pain and suffering. Consulting an experienced car accident attorney who limits his or her legal practice to personal injury law is crucial for navigating the legal process. This usually includes negotiating with insurance companies, and (possibly) representing you in court, if the case is not settled.
Also, when filing a claim with the insurance company against the at-fault driver, our client must be cautious not to misrepresent the incident or admit guilt. In fact, it is preferable (after gathering sufficient evidence) to wait for our attorneys in Atlanta Georgia to file a claim on the client’s behalf against the opposing party, and let your lawyers do the talking and communicating.
In these cases, that typically means that the case is then being defended by the defendant’s local insurance company defense firm, and no longer being processed by an adjuster or in-house attorney with the insurer. This is equally applicable whether a pedestrian accident in Atlanta or a car accident in Atlanta.
Because (in 100% of our cases) we offer a FREE consultation, this takes away any barrier or hesitation about getting legal advice. Dial 404-565-1621 24 hours a day, for a no-cost case review. By getting information from an experienced injury attorney, personal injury law then becomes much more manageable for most Georgians.
Who Caused the Injury, and Was Our Client Partially at Fault?
Determining liability is essential for seeking compensation, and an attorney can help assess liability based on evidence and relevant laws. In Georgia, the comparative negligence rule might apply, where the judge in your court (or a jury hearing the case) determines the at-fault percentage and this would then reduce the total compensation paid out, based on that percentage.
When our Atlanta lawyers can negotiate a settlement, the benefits of this can be important to our client’s life. Such pre-litigation resolutions save the client money, by avoiding the high legal costs of a trial, yet still obtain full and fair award. Plus, by settling early, this may allow our client to start using the money sooner, and benefit from the lawsuit at an earlier date.
If a settlement cannot be reached, the case may go to trial, and then our lawyers in Atlanta GA attorney will defend the interests of our client in court. Whether we are representing our client as their pedestrian accident lawyers as their auto accident lawyers, our team will be the best lawyer personal injury firm for achieving a maximum recovery.
The attorney in a lawyer injury legal firm should be proactive in keeping clients updated on the status of their claim and guiding them through the process. In Georgia, the statute of limitations for filing a car accident claim is generally two years from the date of the accident, but some types of claims must be started sooner, if a government entity’s employees or workers caused the damage.
Most car accident claims are settled out of court, but if a fair agreement cannot be reached, it may be necessary to go to trial. A step-by-step guide for pursuing a car accident claim is provided by legal teams to ensure clients understand each phase.
Common Causes of Motor Vehicle Accidents
Intersections are common sites for accidents due to issues like rear-end collisions and risky turns. Certain intersections like Buford Highway and Lenox Road are notorious for their high accident rates.
Single-vehicle accidents account for over half of fatal accidents, often involving roadway departure where a vehicle leaves the traveled way, resulting in significant fatalities. Rollover accidents are particularly dangerous and can happen when a vehicle turns too sharply or trips over an object.
Speeding remains a common cause of accidents as it reduces reaction time for drivers. Additionally, factors like distracted driving and impaired driving are leading causes of motor vehicle accidents.
Distracted Driving
Distracted driving is a significant contributor to motor vehicle accidents, leading to various injuries and fatalities. Distracted driving is estimated to cause 25-50% of motor vehicle crashes in the U.S.
In 2020 3,142 fatalities in the U.S. were attributed to distracted driving. Distractions like cellphone use, eating while driving, unruly or agitated pets inside the front seat area, and talking to passengers significantly increase accident risks.
Speeding
The various speed limits set on different roadways are designed to give drivers more time to react and prevent collisions. Speeding increases the likelihood of severe injuries in accidents. Read more below:
- Based on the search results provided, online website Perplexity.ai says that approximately 29-30% of fatal motor vehicle accidents in Georgia are attributable to speeding. Here are the key details supporting this:
- According to the National Highway Traffic Safety Administration (NHTSA), speeding is a factor in about 29% of fatal car accidents nationwide.
- In Georgia specifically, the Georgia Governor’s Office of Highway Safety reports that speed-related fatalities accounted for 369 deaths in 2021, which was about 20.5% of the total 1,797 traffic fatalities that year.
- However, more recent data from 2022 shows that speed-related fatalities in Georgia increased to 422, while total fatalities remained similar at 1,797. This puts the percentage of speed-related fatal crashes at around 23.5% for 2022.
- The trend shows an increase in speed-related fatalities in Georgia over the past few years, rising from 268 in 2018 to 422 in 2022.
While the exact percentage fluctuates year to year, it appears that speeding consistently accounts for roughly 25-30% of fatal motor vehicle accidents in Georgia. It’s important to note that this percentage has been increasing in recent years, indicating that speeding remains a serious and growing problem on Georgia roads
Drunk Driving is Still a Major Factor in Serious Injuries or Death
Intoxicated driving impairs judgment. Impaired driving remains a significant cause of traffic fatalities. Understanding the dangers of impaired driving is crucial for preventing accidents and saving lives.
Types of Compensation Available in Motor Vehicle Accident Claims
Compensation in motor vehicle accident claims is multifaceted and aims to address various types of damages that victims may endure. Economic damages include medical expenses, lost income, loss of earning capacity, lost benefits, and property damage. This damage is intended to cover the direct financial losses resulting from the accident.
Economic damages are categorized under the broader scope of compensation available in motor vehicle accident claims, aiming to support victims in their financial recovery. Non-economic damages cover pain and suffering, emotional distress, inconvenience, loss of consortium, and stress and anxiety.
Many defendants in truck crashes will have larger insurance policy limits, due to the risk of catastrophic harm caused by big rig trucks. Also, it is good to know that the trucking accident attorney for the insurance company will be hand-picked to know trucking laws, plus will try to out-lawyer your plaintiff’s personal injury attorneys.
Holding the responsible party accountable is crucial to avoid bearing the financial burden of lost income, high medical expenses, and potential future wage loss. Our team of award-winning Atlanta car accident lawyers do this day in and day out, because these are essential services connected to our work.
The proven damages from these categories of potential recovery can help address the intangible impacts that an accident can have on a victim’s life. For some cases, like being struck by a hit and run driver who left the scene, additional punitive damages may also be available.
Generally, though, a cap on punitive damages exists in most civil litigation in Georgia, with some exceptions:
- The standard cap on punitive damages in Georgia is $250,000.
- However, there are three important exceptions to this cap:
- Product liability cases: There is no limit on punitive damages for product liability claims. However, 75% of the punitive damages award in these cases must be paid to the state of Georgia.
- Cases involving defendants under the influence of drugs or alcohol: The cap does not apply if the defendant was impaired by drugs, alcohol, or other substances at the time of the action that led to the plaintiff’s injury.
- Cases involving intentional harm: The cap does not apply if it is proven that the defendant “acted, or failed to act, with the specific intent to cause harm”.
- The Georgia Supreme Court recently affirmed the constitutionality of the $250,000 punitive damages cap in the case of Taylor v. The Devereux Foundation, Inc. et al.
- Attorneys play a crucial role in maximizing financial compensation for both economic and non-economic damages by assessing all physical and emotional damages and considering future financial losses.
- Medical payments coverage in Georgia can compensate for reasonable and necessary medical expenses and possibly the funeral expenses incurred after motor vehicle accidents, with some insurance policies extending their coverage to pedestrians.
Recovery for Your Pain and Suffering
Non-economic damages for pain and suffering are awarded in motor vehicle accident cases to compensate victims for their physical pain and for emotional distress. The compensation for non-economic damages can range from a few thousand dollars to hundreds of thousands of dollars, depending on the severity of the injury.
Non-economic damages also include categories of recoverable damages for intangible damages, like emotional distress. A jury or a judge deciding the case without a jury (which is our option to do) allows for quantification of a fair dollar amount when it calculates pain and suffering and provides appropriate compensation.
What About Medical Expenses?
Economic damages include current medical bills that can be verified using invoices and other financial statements. Economic damages also cover future medical or rehabilitation therapy bills and prescription medicine that can be verified using those invoices and other medical records. Some doctors may treat that client without immediate payment, by obtaining a lien against a portion of the final case settlement.
And For My Lost Wages?
Keeping track of lost wages is crucial as victims usually are able to seek this compensation for past wages lost and future loss of income, if disabled. Lost income due to time off work can be recovered as part of economic damage. Below, see our Firm’s founder, Kathy McArthur, who was named to be the 2024 Super Lawyers Lawyer of the Year, our of 33,100 Georgia attorneys.
Ways to Negotiate a Settlement
Many car accident cases are resolved through negotiations and settlements, which can provide quicker resolution than going to trial. Insurance adjusters have the upper hand with the unrepresented claimant seeking a settlement, often minimizing payout offers. This is what makes the services of experienced car accident lawyers indispensable for reaching full and fair settlements.
Due to our law firm’s collective experience (over 101 total years of legal work), we know the approximate “value” of an injured person’s claims. This data is derived from a multitude of sources but is also known by the insurance defense firms who spend millions of dollars each year surveying court verdicts and settlements.
Alternative dispute resolution methods like mediation and arbitration involve a neutral third party whose task is to look at the positions of all sides and then help both sides see the other side’s “arguments” in order to reach an agreement outside of court, if possible. Each side splits the cost of this “intermediary,” whether this attempt to avoid trial succeeds or does not work.
What to Do Immediately After a Motor Vehicle Accident
First and foremost, avoid arguing with the other driver involved in the accident. Checking on their injuries and well-being is what is needed. Many people say too much or get bullied into admitting things that 
are not necessarily true.
- Seek medical attention immediately to ensure all injuries are documented.
- Report the accident promptly by calling 911, requesting medical help if needed, and documenting the accident scene by cell phone still shots and video scans of the accident scene. Taking pictures or using the video camera function to sweep slowly across the accident scene showing the cars and individuals involved may also be valuable later. This will depict road and weather conditions, and damage done to each vehicle, plus any other relevant factors.
- Obtaining the names, plus cell phone information of any witnesses is highly valuable in some cases.
- Also obtain a picture of the other driver’s insurance card, including both front and back.
- Contact a personal injury lawyer with vast prior experience soon after the accident. She or he can get the police report and other related wreck documentation for a car accident victim.
- Avoid posting anything about the accident on social media.
- If possible, remove any valuable possessions from your vehicle if it is towed. This may also include your garage door opener and your Peach Pass sticker.
- Be respectful and patient with the police officer at the scene.
- Using a calendar that you can write upon, make notes each day of your pain levels and any new symptoms that appear. If early pain and discomfort disappears, note that, too.
Seek Medical Attention Immediately, and Do Not Delay
The first step after a motor vehicle accident (motorcycle, bicycle, car, SUV, pickup truck) is to seek medical attention to ensure your well-being and establish a link between the accident and your injuries. Adrenaline can mask injuries after an accident, so it’s crucial to seek medical care as soon as possible.
Under federal law, emergency rooms cannot turn you away if you need medical treatment and lack insurance. Your health and survival are our priorities, and medical bills are a part of most accidents in America.
Report the Accident and Lawyer Up
Reporting the accident to local authorities is crucial, as it ensures that the incident is officially documented. The sooner a personal injury attorney is contacted, the stronger the case likely will be. An attorney can assist by helping with the paperwork, negotiations, and obtaining the necessary car accident reports from the authorities.
Gather Evidence
It is critical to gather evidence after a car accident to potentially recover compensation from negligent parties. Evidence such as photos of the accident scene, vehicle damage, injuries, and road conditions are crucial for building a strong legal case.
Photographs can document dangerous driving conditions and roadway obstacles. Collect information from all parties involved in the accident, including insurance details and contact information, for legal purposes. Gathering witness contact information is crucial as they may leave before the police arrive. If the person refuses, try to get their tag number, for possible later tracking down by your lawyers.
The Cost of Hiring a Motor Vehicle Accident Attorney
It’s crucial to understand all costs and fees before agreeing to representation since most attorneys work on a contingency fee basis. Additional costs such as court filing fees and service-of-process fees, expert witness fees and travel costs are covered upfront by the attorneys at McArthur Law Office and later will be reimbursed from the settlement or jury verdict.
Our car accident attorneys work on a contingency fee basis, charging a percentage of the settlement or award. Typically, contingency fees will range from between 33.3% (before trial) and 40% (after trial). A few highly complex cases, though, may lead to higher contingency fees due to increased time and resources required.
Our contingency fee agreement is available to review. Before undertaking your representation, the Agreement must be in writing and must clearly explain how legal fees are calculated.
For some minor accidents, a flat rate fee may be offered by some civil firms. These are far less common and involve a single, fixed fee for legal services. Our Firm is not set up to handle minor cases like these.
Also, some lawyers may charge hourly rates or request a retainer fee, which differs from the contingency fee model. These arrangements are more likely used for cases with little to no injury, which our Firm also declines to take. For your FREE consultation, and to reach all of our law office locations, use the toll-free number below. 1-855- WARRIOR or 1-855-927-7467.
More Atlanta Injury Attorney Resources
If you’d like to learn more about how an Atlanta injury attorney can help after a motor vehicle wreck, then read our informative articles below. We explore every aspect of Atlanta injury cases that the McArthur Law Firm handles.
- Bicycle Accident? Bike Accident Lawyer Sues Negligent Driver
- Boating Accidents
- Bus Accidents
- Car Accidents
- Drunk Driving Accidents
- Motorcycle Accidents
- Trucking Accident Attorney: Truck Accident Lawyers in Georgia
- Atlanta Personal Injury Lawyer: Atlanta Accident Attorneys
- Injury Attorney Macon GA: Car Accidents and Truck Wrecks
- Attorneys in Macon GA: Accident Lawyers in Macon Georgia
- Personal Injury Lawyer Macon: Auto Accident Attorney Team
- Macon Auto Accident Attorney: Cover Story Lawyer McArthur
- Trucking & Car Wreck Attorneys: Injury Lawyers Alpharetta
