Car accidents can be a dreadful experience, causing significant damage. Whether they are minor inconveniences or outright disasters, they can have a lasting impact on your life.
However, filing a lawsuit can be a wise decision that helps you get justice for your injuries. Navigating the legal system on your own can be challenging and result in getting less than your case is worth. Fortunately, our team’s knowledge can be used to your advantage. We know how to evaluate your case accurately so that no expense is left uncovered. Many car accident victims are unaware of the extent of compensation they are entitled to. Our firm is here to fight for everything you deserve.
Call Howe Law at (844) 876-4357 to speak with our Atlanta car accident attorneys and receive your free case evaluation.
Determining if You Have a Legal Claim for a Car Accident in Griffin, GA
Determining if you have a legal claim for a car accident in Griffin involves understanding and proving four key elements: duty, breach, causation, and damages. Each element plays a crucial role in building a strong case and requires certain strategies to prove each. Given the complexities involved, consulting with our car accident attorneys is usually the best way to know if you have a valid claim. Our team can evaluate your case to see if the following elements can be argued:
Duty
Establishing a duty of care is the first element in determining whether you have a legal claim for a car accident. In legal terms, a duty of care refers to the responsibility one party has to avoid causing harm to another and acting with reasonable care under the circumstances.
In the context of a car accident, all drivers have a duty to operate their vehicles in a reasonably safe manner to prevent harm to others on the road. This includes obeying traffic laws, staying alert, avoiding distractions, and maintaining control of their vehicle.
Proving a duty of care is usually not difficult in car accident cases, as the law clearly outlines drivers’ responsibilities. However, demonstrating that the duty was breached can be more complex.
Breach
Once a duty of care has been established, the next step is to show that the duty was breached. A breach occurs when a person fails to meet their duty of care.
In a car accident case, a breach could involve any negligent behavior that leads to an accident. This might include speeding, drunk driving, distracted driving, or failing to yield the right of way.
To prove a breach, you will typically need evidence showing the other driver’s actions were negligent. This could be in the form of police reports, witness statements, your testimony, and evidence from the accident scene.
Causation
The third element to prove, and arguably the most challenging, is causation. In a lawsuit, causation is often broken down into two parts: actual cause and proximate cause.
“Actual” cause, also known as “cause-in-fact,” refers to proving that the accident would not have happened if it were not for the defendant’s actions. In other words, if the defendant had not breached their duty of care, then the plaintiff would not have been injured.
For example, if a driver runs a red light and hits another vehicle, the driver who ran the red light would be considered the actual cause of the accident.
“Proximate” cause, on the other hand, deals with whether the defendant could have reasonably foreseen that their actions would result in harm. This is also known as “legal cause.” If the defendant could not have anticipated the injury, they might not be held liable, even if their actions were the actual cause of the accident.
For example, if a driver hits a pedestrian who was jaywalking, the driver might argue that they could not have reasonably foreseen the pedestrian’s actions and, therefore, should not be held liable for the pedestrian’s injuries.
Real Damages
“Real” damages refer to the actual losses you have experienced as a result of the accident. These losses might include both economic and non-economic damages.
Economic damages are those that can be directly quantified, such as medical bills, lost wages, and property damage. Non-economic damages, on the other hand, are more subjective and might include pain and suffering, emotional distress, and loss of enjoyment of life.
To recover compensation for these damages, you must provide evidence of your losses. This evidence might include medical records, hospital bills, therapy bills, pay stubs, and any other relevant documentation that demonstrates the financial impact of the accident on your life.
Additionally, you can provide personal testimony regarding the physical and emotional suffering you have endured as a result of the accident.
Who Can Be Sued in a Griffin, GA Car Accident Lawsuit
Liability in a car accident case can be more complex than at first glance. Depending on the situation, several parties could be named in your lawsuit. The following parties are commonly sued for car accidents in Griffin:
Other Drivers
Unsurprisingly, one of the most common parties to sue is the other driver. This is especially true if the other driver was negligent in their actions leading up to the accident.
Common examples of negligence include speeding, distracted driving, or failing to adhere to basic traffic laws. If it can be shown that the other driver’s negligence caused the accident, they should be held liable for any resulting damages.
The Driver’s Employer
In some cases, if the driver at fault was working at the time of the accident, their employer might also be held liable. This is based on the legal principle of “respondeat superior”, which holds employers responsible for the actions of their employees carried out during the course of employment. For instance, if a delivery driver causes an accident while making deliveries, their employer could potentially be sued.
Restaurant and Bar Owners and Operators
Under Georgia’s dram shop laws, restaurant and bar owners can be held liable for accidents caused by overly intoxicated patrons whom they served alcohol. If it can be proven that the establishment knowingly served alcohol to a visibly intoxicated individual who then caused an accident, the establishment could be sued for damages.
Vehicle Manufacturers and Designers
If a defect in the vehicle contributed to the accident, the vehicle’s manufacturer or designer could be held responsible. This could include defects in the vehicle’s design, manufacturing defects, or failure to warn about potential risks. In such cases, a product liability claim could be filed against the manufacturer or designer.
Government Agencies
In certain circumstances, government agencies could also be sued following a car accident. If, for example, the accident was caused by poorly maintained roads, inadequate signage, or malfunctioning traffic lights, the government agency responsible for maintaining the roads could potentially be held liable.
However, suing a government entity typically involves complex procedures and timelines, making it more challenging than suing a private individual or company.
Our Griffin, GA Car Accident Attorneys Can Help
For a free case review with our Atlanta, GA car accident lawyers, contact Howe Law at (844) 876-4357.
