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Car Accident Attorney Atlanta

Richard M. Howe

Countless car accidents occur in Atlanta because of drivers’ negligent actions. Drivers are expected to obey the rules of the road. However, our city’s roads are packed with more motorists each day.

This increased congestion can lead some drivers to act carelessly or recklessly behind the wheel, causing harm to other motorists. Our car accident lawyers can help car accident victims recover monetary damages. Financial compensation goes a long way toward healing the numerous injuries caused by negligent drivers. Our attorneys can offer support and direction when pursuing a claim.

If you were injured because of another driver’s negligent behavior, seek assistance from our experienced Atlanta car accident attorney by calling Howe Law for a free case review.

Highways in Atlanta are Dangerous

There are multiple highways and interstates in and around Atlanta. Since Atlanta is a large city, it is a hub of roads and highways, and Atlanta car accidents often happen on these roads, highways, and interstates.

Some of the highways in Atlanta include Buford Highway, Bankhead Highway, and Old Dixie Highway. These highways are often very busy areas and experience heavy traffic. Highways also allow a higher speed limit than local roads and streets, and accidents can be severe.

Since Atlanta is a sort of urban hub of roads and highways, it makes sense that multiple interstates run through the city. Some commonly traveled interstates in Atlanta include I-20, I-75, I-85, and I-285. People rely on these interstates to get in and out of the city or around the city during daily commutes.

A highway accident can be extremely dangerous, and accident victims often suffer devastating injuries. If another driver caused an accident on a highway or interstate around Atlanta, call our team for help right away.

Car Accident Statistics in Atlanta

Motor vehicle accidents are sadly very common in the United States, including Atlanta. According to data from the National Highway Traffic Safety Administration (NHTSA), there were 119 fatal motor vehicle crashes in Fulton County in 2020. Remember, this number only reflects accidents involving fatalities. The number of total car accidents in Fulton County is likely even higher.

Considering how common road accidents can be, this number might seem small, but do not be fooled. In 2020, at least 119 people died in car accidents in Fulton County alone. It is possible that many more were badly injured.

Causes of Car Accidents in Atlanta

Auto accidents are, unfortunately, somewhat common in Atlanta and the rest of the United States. Every accident is unique and might be caused by numerous factors. Some of the more common causes of car accidents in Atlanta include distracted drivers, speeding, alcohol or controlled substances, and general traffic violations.

Distracted Driving

With the proliferation of technology and communication devices, it is now easier than ever before for drivers to become distracted. While cell phones are common culprits in many distracted driving cases, they are far from the only cause of accidents. A driver might become distracted by another passenger in their vehicle, GPS devices, or something outside their vehicle. A driver needs only to take their eyes off the road for a few moments before they cause an accident, potentially leading to serious car accident injuries.

Speeding and Reckless Driving

Speeding is a huge problem on the road. It is also very common. Most people are guilty of speeding at some point, even by only a few miles per hour over the limit. Even so, just a few miles per hour might make a huge difference in your injuries.

Speeding on highways or interstates, like the ones mentioned above, is extremely dangerous as these major roadways’ speed limits are already high. Car crashes resulting from speeding and other forms of reckless driving can lead to severe injuries. A speeding driver might also be weaving in and out of lanes, making sharp turns, and driving erratically.

Driving Under the Influence of Drugs or Alcohol

Alcohol and controlled substances are major contributing factors to many accidents. When drivers are under the influence, they often experience dulled reflexes and reaction times. This means that when a person or another vehicle gets in front of the intoxicated driver, the intoxicated driver might be unable to stop in time to avoid a collision.

Driving under the influence is dangerous and a serious criminal offense. The driver might be arrested and criminally charged. If they are, our lawyers can use a guilty plea or verdict against them in your civil lawsuit for the accident.

Traffic Violations

Much like speeding, traffic violations are common, and most people are guilty of at least one traffic violation in their lives. While sometimes these violations are met without incident, many drivers are not so lucky. Running red lights or stop signs, failing to signal or yield, and going the wrong way down the road are all dangerous traffic violations that cause numerous accidents each year.

Often, drivers who commit traffic violations are ticketed by law enforcement after the accident. This ticket might be used as evidence in your case against the negligent driver.

Parties that Can Be Held Responsible for a Car Accident in Atlanta

Determining fault in a car accident can be a complicated process, and having an experienced auto accident attorney is crucial. Our skilled car accident attorneys can assist you in identifying all parties responsible for your losses and ensuring that they are held accountable. The following are the most common parties who are sued for a car accident in Atlanta:

Other Drivers

In case of a collision involving two vehicles, you might consider seeking compensation by suing the driver at fault. However, if multiple drivers are involved, determining who is liable can be a complicated legal matter that might require you to sue all the drivers involved. Additionally, the owner of the car could also be held accountable if they allowed a reckless or careless driver to operate their vehicle.

If you are involved in an accident caused by a commercial driver, your employer might be held responsible under the legal principle of respondeat superior. This principle states that employers can be held responsible for their employee’s negligence if the accident occurred while the employee was performing their job duties. Therefore, if a commercial driver caused you harm while working, you could typically file a lawsuit against both the driver and their employer, even if the employer was not present at the accident scene.

Regarding injuries sustained while riding in a rideshare vehicle, companies such as Uber and Lyft might also share responsibility. However, it is usually not possible to file lawsuits against these companies since their “employees” are independent contractors. While it can be challenging to hold these companies directly liable, their drivers and rideshare companies usually have higher insurance limits that can be accessed in your case. Moreover, you still have the right to sue the driver who caused your injury, even if you cannot sue the rideshare company.

Manufacturers and Designers

There are also certain rare cases where the injuries resulting from a car accident might have been the consequence of a defect in the design or manufacturing of the vehicle. Fortunately, manufacturers and designers can be held accountable for any flaws in the components that caused the accident. Therefore, it is crucial to investigate the cause of the accident thoroughly to determine whether there were any manufacturing or design defects that might have contributed to the incident.

Proving Fault in a Car Accident Lawsuit

Georgia is an at-fault state. This means that an at-fault driver will be liable for damages related to a personal injury claim from a car accident. Accordingly, you must provide evidence to prove an accident was caused by another driver’s negligent behavior to recover compensation from their insurance company.

There are several forms of evidence that can help our car accident lawyers prove that another driver was at fault in your case. Examples of evidence that might be used to establish negligence on behalf of another motorist include accident reports, eyewitness statements, surveillance footage, photos from the scene, diagrams of the crash, and your personal recollection.

Furthermore, defendants’ insurance companies might attempt to prove that their policyholder was not at fault for an accident. Insurance companies will hire lawyers, doctors, and other investigators to try and refute portions of a plaintiff’s claim.

Steps You Should Take After Being Injured in a Car Accident

An auto accident can be an incredibly traumatic experience. It is usually unexpected, and victims often find themselves injured and disoriented in the moments following a crash. However, the steps you take in the aftermath of a car accident can significantly impact your ability to receive compensation for damages, including your injuries.

Call 911

In case of a small car accident, it might not be necessary to involve the police. However, if someone is injured, it is important to immediately call local enforcement. The police will arrive at the scene and take the necessary steps to ensure that medical assistance is provided to the injured individuals.

They will also conduct a preliminary investigation and prepare an accident report. This report will contain vital information that can help our attorneys settle your case or take it to trial. Moreover, if you suspect that the other driver is being dishonest, it is advisable to inform the police, even if it seems unnecessary.

Gather Information from Other Parties

Although the police report is important, it is also crucial to gather the contact information of any other drivers involved in the accident, including their personal and insurance information. Unbiased witness testimony carries more weight than statements given by drivers involved in the accident.

Even if this information is already included in the police report, our office will want to speak with witnesses as soon as possible. Some witnesses might leave the scene before the police arrive, so it is important to talk to anyone who saw the accident, even if their account contradicts your recollection of events.

Take Photographs and Videos

In today’s world, it is almost impossible to find someone without a smartphone equipped with a camera. In the event of a car accident, your phone’s camera can be a valuable tool for accident investigators. Taking pictures and videos of the scene can provide crucial information on what happened.

It is important to capture clear, detailed images of the cars involved, any damage sustained, and the condition of the road surface. Do not hesitate to take as many pictures as you need, as it can make all the difference in the investigation. Additionally, make sure to document any injuries sustained by you or your passengers, as these could also be useful in determining the cause of the accident.

Seek Medical Care Immediately

If you are involved in an accident and sustain serious injuries, it is vital that you receive emergency treatment immediately at the scene. You should never refuse medical assistance, regardless of the situation. Even if you feel okay after the crash and can walk away, it is still recommended to visit a doctor as soon as possible.

Injuries such as muscle strains and head trauma might not show symptoms until several days or even weeks after the incident because of the adrenaline rush. It is not uncommon for victims to have no idea about the severity of their injuries.

Seeking medical attention is not only crucial for your well-being but also necessary if you intend to file an injury claim. Documenting your injuries and treatment is a critical aspect when working with an insurance provider or preparing for a lawsuit.

Do Not Admit Liability

Lastly, it is important to not accept responsibility for an accident. While it is necessary to provide a statement to the police and your insurance provider, only report the relevant facts. You are not obligated to provide your opinions on liability.

Bear in mind that insurance companies have a team of lawyers and investigators working to minimize or eliminate liability. Therefore, if an insurance company offers you a settlement, you should consult with a legal representative before signing any documents. Once you agree to a settlement, you will not be able to seek further compensation if your injuries turn out to be more severe than you initially thought.

Compensation You Can Receive for a Car Accident in Atlanta

The compensation available for a car accident depends on the unique damages you experienced and the guidance of an experienced car accident attorney. Compensatory damages include economic and non-economic damages the plaintiff endured, like medical bills or pain and suffering. Punitive damages might also be on the table, depending on the circumstances, and are meant to punish defendants for egregious behavior.

Economic Damages

Economic damages after a car accident are often comprised of medical expenses, property damage, and lost income or wages. You might have very high medical bills depending on the extent of your injuries. In some cases, injured plaintiffs need ongoing care and can add reasonably anticipated future medical bills to their economic damages. You should also assess the damage to your vehicle and the cost to repair or replace it. Finally, many car accident victims cannot return to work, and they lose income as a result. That lost income should be added to your overall economic damages.

Non-Economic Damages

Your non-economic damages are comprised of negative personal experiences rather than bills and financial costs. Although non-economic damages do not necessarily have a cost or real sum of money attached to them, they still deserve financial compensation. Physical pain, emotional anguish, humiliation, a loss of enjoyment of life, and other painful experiences might all be considered part of your non-economic damages. Our car accident attorneys can help you evaluate these damages by assessing their impact on your daily life.

Punitive Damages

Punitive damages are somewhat rare but still possible in many cases. These damages are not awarded to compensate for a loss of injury you experienced but rather to punish the defendant. Under O.C.G.A. § 51-12-5.1(b), punitive damages might be awarded if we prove by clear and convincing evidence that the defendant’s behavior included willful misconduct, malice, fraud, wantonness, oppression, or a lack of care as to create a presumption of conscious indifference to the consequences. Punitive damages are usually capped at $250,000, and 75% of these damages are paid to the state treasury.

Common Injuries Caused by Car Accidents in Atlanta

Several factors can affect the severity of injuries caused by car accidents. For example, crashes at high speeds on fast highways might cause more serious harm than accidents on slow city streets. Furthermore, accidents involving large SUVs or pickup trucks might result in more serious injuries than accidents involving regular-sized cars. Accordingly, numerous injuries can result from car accidents in Atlanta. However, some accidents occur more frequently than others.

Back or Neck Injuries

Back and neck injuries can come in many forms and involve serious physical pain. A common type of neck injury suffered by car accident victims is whiplash. Whiplash is a form of soft tissue injury that occurs in the neck because of sudden jerking movements endured in a car crash. The pain from a whiplash injury might not present itself immediately after a crash but can be very intense when it does arise. Recovery from whiplash can involve physical therapy and/or prescription medication.

In some cases, car accident victims might suffer spinal cord injuries because of a crash. Such injuries can cause immobility and even complete paralysis. The effects of such injuries can go beyond physical pain and impact victims’ quality of life.

Traumatic Brain Injuries

Traumatic brain injuries involve brain dysfunction caused by an outside force, usually a violent blow to the head. Such injuries frequently occur because of car accidents. If not treated properly, traumatic brain injuries can have life-altering symptoms. If you suffered a traumatic brain injury because of a negligent driver, you might be compensated for the cost of past, current, and future medical expenses related to the injury.

Broken Bones

Broken bones are another common injury caused by car accidents in Atlanta. Crashes that occur at high speeds are more likely to result in broken bones. Some car accident victims suffer simple fractures where bones break but do not penetrate the skin. Simple fractures are typically treated with a cast.

In more severe cases, car accident victims might suffer compound fractures. Compound fractures refer to injuries where a fractured bone penetrates the skin. Compound fractures might require surgery to correct. Further, surgery for compound fracture injuries must typically occur within a day of the injury’s occurrence. The longer the injury is unattended, the greater the risk of bacterial infection.

Internal Bleeding

Internal bleeding is another type of injury frequently suffered by car accident victims in Atlanta. It refers to any bleeding inside the body. Internal bleeding can be life-threatening. Any suspicion of organ damage sustained in a car accident should prompt emergency medical attention.

Cuts and Puncture Wounds

Car accident victims also frequently suffer cuts and puncture wounds. Pieces of glass, metal, and loose objects from inside a car might all cause cuts and puncture wounds when they impact your skin during a car accident. Some cuts are minor and will heal quickly. However, more serious cuts and puncture wounds might require stitches and cause severe blood loss.

Soft Tissue Damage

Lastly, soft tissue damage is a common injury caused by car accidents in Atlanta. Soft tissue damage involves harm to the body’s muscles, tendons, or ligaments in the form of sprains and strains. Soft tissue damage can occur in nearly every part of the body and might involve intense pain. Accordingly, car accident victims deserve compensation for painful and debilitating soft tissue injuries sustained because of negligent drivers.

Should You Hire an Attorney for a Car Accident Case in Atlanta?

You are not required by law to get a lawyer, but hiring a law firm is probably in your best interest. A car accident lawyer in Atlanta should have the skills and experience to help you navigate the notoriously complex judicial system so you can be compensated for your damages.

Your attorney can help you file the initial complaint to begin your lawsuit. The complaint is very important as it is the foundation of your claims. Your complaint must contain very specific information about the case and your damages. The court could reject an insufficient complaint.

Your lawyer can also help you keep track of your damages and account for all your losses. Making sure all damages are accounted for is crucial and forgetting to include certain losses or injuries might reduce your overall compensation.

Our Atlanta Car Accident Lawyers Can Help

For a free assessment of your case with our car accident attorneys, contact Howe Law at (888) 559-7612 today.

FAQ’s

How can a lawyer help with my car accident case?

A lawyer can help you file the initial complaint, keep track of your damages, and advocate for fair compensation on your behalf.

Why is the initial complaint so important?

The initial complaint is the foundation of your claims and must contain specific information about the case and your damages. A weak or insufficient complaint could lead to rejection by the court.

What if I forget to include certain losses or injuries in my lawsuit?

It’s crucial to account for all damages in your lawsuit. Forgetting to include certain losses or injuries could result in reduced overall compensation. An experienced attorney can help ensure that all damages are accounted for in your case.

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