After a car accident, you will need compensation for your injuries, the damage to your vehicle, any wages you lost from work, and pain and suffering. Insurance companies often deny their driver’s liability and refuse to cover you in full. They might even issue you a small “nuisance settlement” just to end your case quickly but still leave you with unpaid damages.
For help getting full compensation, you might want to work with an attorney. Our lawyers can take your case and look for evidence that will help strengthen your claim, then present it to the insurance company to try to negotiate a fair settlement. If a good settlement cannot be reached, we can take your case before a judge and jury to get you compensation.
Call Howe Law’s car accident lawyers at (844) 876-4357 for a free case evaluation today.
Common Ways Car Accidents Happen in Dunwoody, GA
Car accidents can occur in various ways in Dunwoody, and some might only cause minor damage, which is relatively easy to recover compensation for. However, other kinds of accidents can lead to severe injuries that might take a long time to heal. That is why our car accident attorneys are always ready to assist you in seeking justice for your damages, regardless of the car accident you might have been involved in. Here are some of the most common ways people get hurt in Dunwoody car accidents:
Head-On Accidents
In the event of two vehicles traveling in opposite directions colliding head-on, the potential for injury or even death is alarmingly high. These accidents are typically caused by a driver’s failure to yield the right of way at intersections or by crossing into another lane without properly checking for oncoming traffic.
Head-on collisions can also result from distracted driving, speeding, and driving under the influence of drugs or alcohol. The force of impact in these types of accidents can be immense, often leading to serious injuries such as spinal cord damage, traumatic brain injuries, and even fatalities.
Rear-End Accidents
A rear-end collision is a type of vehicular accident that occurs when a vehicle crashes into another car that is either stationary or moving slowly ahead of it. These accidents, while usually happening at low speeds, can still result in significant damage and injuries to those involved.
Typically, the driver who hits the vehicle from behind is considered at fault since they should be able to see the car in front of them if they are paying attention. However, there are certain instances where the driver in the front can also be held responsible for the accident. For example, if the driver in the front is driving aggressively and brake-checking the car behind them, they might be at fault. For this reason, determining fault in a rear-end collision can sometimes be complex and requires a detailed investigation of the circumstances surrounding the accident.
T-Bone Accidents
A T-bone collision is a type of car accident that occurs when one vehicle crashes into the side of another vehicle at an intersection or a curve in the road, forming a “T” shape. This type of accident is also commonly referred to as a side-impact or broadside collision.
T-bone accidents are particularly dangerous as they involve two different types of impact, one frontal and one lateral. The frontal impact occurs when the striking vehicle collides with the side of the other vehicle, while the lateral impact is caused by the force of the impact pushing the struck vehicle sideways.
Because of the high speeds that are often involved in T-bone collisions and the limited space for drivers to avoid the collision, these types of accidents can result in severe injuries and even fatalities. The occupants of the vehicle that is struck are especially vulnerable to injury, as they often have little protection on the side of the vehicle that is hit.
The risk of injury is further increased if the striking vehicle is larger or traveling at a higher speed. In addition, T-bone accidents can also have significant financial consequences, including medical bills, lost wages, and property damage.
Sideswipe Accidents
A sideswipe accident occurs when two vehicles traveling in parallel lanes collide. This type of accident typically takes place when drivers are distracted or fail to pay attention to their surroundings while driving. In some cases, it might also happen when one driver suddenly stops to avoid an obstacle on the road, and the other driver fails to respond in time.
When sideswipe accidents occur at low speeds, the damages are usually minor, such as scratches and dents on the vehicles. However, if both vehicles are traveling at high speeds, the consequences can be severe, and the damages can be extensive. In some cases, these accidents can even result in fatalities.
One of the challenges of resolving sideswipe accidents is that it often becomes a matter of one driver’s word against the other. This can make it difficult to determine who was at fault for the collision. In such situations, insurance companies and legal experts might have to get involved to investigate the accident scene, analyze the damages, and interview witnesses to establish the cause and responsibility for the collision.
Common Injuries Sustained in Dunwoody, GA Car Accidents
Car accident injuries are influenced by several factors, including the car’s weight and size, the speed, the road conditions, and even the time of day. Victims of car accidents typically experience some common injuries, such as the following:
Traumatic Brain Injuries
Suffering from a traumatic brain injury can have devastating consequences and is considered to be one of the most life-threatening injuries that a person can experience. Furthermore, being involved in a car accident can result in various other injuries that can have a significant impact on one’s physical and emotional well-being.
Spinal Cord Injuries
The spinal cord is a crucial component of the central nervous system, which serves as the body’s primary communication network. It is a complex structure consisting of numerous bones that work together to provide support and protection to the delicate nerves that run through it. Any damage to these bones or nerves can cause severe and potentially irreversible consequences such as paralysis, chronic pain, and even death.
Broken Bones
Car accidents can cause a range of injuries, and one of the most common injuries is broken bones. The sheer force of impact can cause any of the bones in the human body to break. It is important to note that a broken bone is not a simple matter to be taken lightly. It requires immediate medical attention, and a healthcare professional should examine the affected area to determine the extent of the damage. Depending on the severity of the break, the victim might need to wear a cast or even undergo surgery to facilitate the healing process.
Internal Bleeding
One of the most fatal injuries that frequently occurs in car accidents is internal bleeding. Unlike external bleeding, which is visible to medical professionals, internal bleeding cannot be detected without conducting in-depth tests. These tests are typically only available at a hospital emergency room, making it difficult to determine the extent of the injury at the scene of the accident. Because of the lack of visible symptoms, internal bleeding can be life-threatening if not treated promptly.
How Our Car Accident Lawyers Can Help in Dunwoody, GA
Trying to get compensation without the help of a lawyer usually means calling an insurance agent, waiting for hours on the phone, answering questions while the insurance company tries to undercut everything you say, and then waiting for a check that never comes. It might take even more time on the phone just to try to get the claim appealed, and if and when it is paid, it might cover only the minimum of vehicle damage and medical bills. However, there are additional damages you should be entitled to, and our car accident attorneys can help you get them.
We can send letters to the insurance company to show them we mean business. We can also negotiate on your behalf with their lawyers for a settlement that actually covers your needs. Our lawyers can also take your case to court, where a lawsuit can be filed to have the case put before a jury instead of an insurance adjuster.
We can also collect evidence, help you track your medical bills and other expenses, and help you prepare logs and journals documenting the difficulty of your recovery. If you missed work or will miss work going forward, we can use financial experts to analyze your damages and see what those lost wages should be worth to you, taking into account the fact that you might miss out on future promotions and raises if your injury is permanent or long-term.
We can be your guide through a difficult time. Our lawyers are your legal counselors, but we can also counsel you through the process, helping you understand what the road to recovery looks like and how long (or short) that road might be.
Having a lawyer on your side also helps you stand up to big insurance companies and their legal teams.
Proving Fault in a Car Accident Case in Dunwoody, GA
To get compensation for a car accident, you need to show that the other driver was the one who caused the crash. However, they do not need to be the sole driver who caused the crash; injured car accident victims can seek partial damages from each driver who contributed to the crash, and victims can even recover damages if they are partially liable themselves.
Elements to Prove
Car accident claims are filed in court as negligence claims. Negligence requires four elements to win your case: duty, breach, causation, and damages. Proving duty and breach means showing that there was a legal duty the defendant was supposed to follow that they violated. You must also prove that the violation was what actually caused the crash and that your injuries resulted from that accident rather than some other incident.
Burden of Proof
Plaintiffs have the burden of proof in their case, which means that they need to produce evidence and witnesses to convince the jury their claim is true. The standard they need to meet is a “preponderance of the evidence” standard, which means that you need to convince the jury your claim is more likely than not. That means you need to just barely win your case rather than prove it beyond a reasonable doubt like a criminal case.
Evidence
Proving your claim means producing evidence. Evidence can be hard evidence – actual items involved in the crash, like a car itself. However, courts usually use photos and videos of the cars rather than bringing the vehicle into the courtroom. Witness testimony will also be important evidence, primarily your own testimony about how the accident happened and what the other driver did to cause the crash. Our attorneys can help you prepare to testify and understand what you should and should not say in your testimony or depositions.
Apportioning Fault
Courts can assign partial fault to each driver involved in the crash. If you are suing as a passenger, then you usually will not be blamed for causing the crash, but if you were one of the drivers, then you might be accused of partial fault.
Courts assign a percentage of fault to each driver and determine the total damages. Then, the court orders each driver to pay that percentage of the total damages. So if you sue two drivers for causing the crash, and the court finds the damages were $20,000, a finding of 50% fault for each driver would mean each driver pays you $10,000 in damages. A finding of 75% fault for one driver and 25% for the other would mean one pays you $15,000 and one pays you $5,000.
Fault can also be shared with non-drivers, such as a trucking company whose truck hit you because it had maintenance problems.
If the court finds you partially liable, your share of damages does not get paid to you, and you are left to pay them out of pocket. For example, if the defendant is found 75% at fault and you are found 25% at fault, and the damages are $20,000, they are ordered to pay you $15,000.
If your share of fault is 50% or higher, your case is unfortunately dismissed under O.C.G.A. § 51-12-33.
Call Our Dunwoody, GA Car Accident Attorneys for Help Today
Reach out to Howe Law’s car accident lawyers today at (844) 876-4357 for a free case review.
