Car accidents are so common that people often do not bat an eye after hearing about a crash. However, many crashes are serious causes for concern, and drivers are often badly hurt. Should you find yourself in such a situation, you may be able to file a lawsuit in Augusta.
Car accidents can be unpredictable and could happen almost anywhere. Some common places for accidents around Augusta include busy highways, streets, and intersections like the Bobby Jones Expressway or Mike Padgett Highway. If you were recently hurt in a crash, our attorneys can help you submit an insurance claim in addition to a personal injury lawsuit, so you get all the compensation you deserve. We can also help you gather evidence and assess your damages so that you know the value of your claim. Our attorneys can ensure you bring your case within the statute of limitations, which is two years in Augusta, so that you are not wrongly barred from recovery.
For a free case review to get started, call our Augusta, GA car accident lawyers at Howe Law at (844) 876-4357.
Dangerous Roadways for Car Accidents in Augusta, GA
Car accidents might happen all over Augusta and the Augusta-Richmond County area. Some roads have proven to be higher-risk areas, and accidents have been more frequent.
There are various roads, highways, expressways, and intersections in and around Augusta where accidents can be particularly dangerous. For example, the intersection of Washington Road at Interstate 20 has seen its fair share of collisions, and so has the intersection at Tobacco Road and Windsor Spring Road.
The Bobby Jones Expressway has numerous intersections along its lengthy stretch where accidents are frequent. Similarly, Mike Padgett Highway has been host to numerous crashes and collisions.
Although accidents are frequent on major highways, they also occur on remote backroads. People living in Augusta often leave the city and find themselves on empty streets with poor lighting, which might lead to an accident. Poor road conditions might cause a single-car accident, or another driver might come along and recklessly cause a collision.
Although Augusta has favorable weather all year round, there are times when roads might become icy, slick from rain, or otherwise damaged, resulting in hazards that contribute to an accident. All that is to say, while some roads are more likely to see car accidents, collisions can and do happen anywhere in Augusta.
Car Accident and Injury Statistics for Augusta, GA
Data and statistics can give us a clearer idea of the prevalence of auto accidents in Augusta and the most common outcomes of these incidents. Georgia sees a high number of traffic accident fatalities each year as well as serious injuries across its cities each year, and Augusta is no exception.
In 2021, there were 1,797 traffic fatalities across Georgia. Of the accidents that resulted in in fatalities, 1,199 occurred in urban areas like Augusta, while 598 happened in rural areas. In Richmond County, where Augusta is situated, there were 44 traffic fatalities during that same year, making up 2% of Georgia’s total deaths from auto accidents.
Most fatalities, 942 of them, happened during single-vehicle accidents, while 244 involved large trucks. Speeding and roadway departures were some of the top causes of car accident fatalities in Georgia in 2021.
During that same year, 253 passengers and 15 bicyclists and cyclists were killed in auto accidents in Georgia.
According to the State Highway Safety Report for 2021, 8,654 victims sustained serious injuries in auto accidents in Georgia. Serious injuries often include things like broken bones, head injuries, spinal cord injuries, and other similarly catastrophic injuries.
Augusta is one of the largest cities in Georgia, second to Atlanta. Its historical past makes it a popular tourist destination, possibly increasing the chances of an accident occurring because a driver is unfamiliar with the roads in the area.
Common Causes and Types of Car Accidents in Augusta, GA
There are many different types of auto accidents, from rear-end collisions to T-bone crashes. That said, some kinds of accidents happen more frequently than others or are more likely to result in specific injuries.
Causes of Auto Accidents
Car accidents are primarily caused by negligence, meaning drivers act recklessly, resulting in a crash. Negligent acts might seem harmless, such as using one’s phone while driving, or overtly dangerous, such as driving while intoxicated. Driver inattention or distraction is a top cause of auto accidents, as is drowsy driving. Poor weather and road conditions might also lead to auto accidents in Augusta. Speeding, running stoplights, making illegal turns, or driving without headlights at night might also cause serious motor vehicle accidents.
Types of Auto Accidents
Rear-end collisions are some of the most common types of auto accidents in Augusta and elsewhere. One driver might follow another one too closely, only to be unable to slow down, striking the driver in front of them. These types of accidents, though seemingly minor, can lead to injuries that require treatment, like whiplash. On the more serious side, T-bone accidents and head-on collisions are also common in Augusta. These accidents are often most catastrophic when at least one vehicle operates at a high speed at the time of impact. Other common types of car accidents include lane-merge accidents, illegal-turn accidents, backing-up accidents, sideswipe accidents, rollover accidents, single-vehicle accidents, multi-vehicle accidents, and others.
How Our Attorneys Can Assist Your Car Accident Case in Augusta, GA
Car accidents are complicated, and getting sufficient compensation is often difficult for victims in Augusta. You can explore several legal options for compensation, including insurance claims and lawsuits. In many cases, a combination of these legal actions is necessary to get the full extent of damages covered.
Filing a Claim with Insurance
Georgia’s insurance laws require that we prove the other driver is at fault before any damages are covered. This means you need not only evidence of the crash but also evidence of the other driver’s wrongdoing or negligence. Under this system, victims submit third-party claims through the insurance of the negligent driver. The kind of proof you need is specific to your accident, but most insurance companies require a copy of the police report at a minimum.
If the other driver in your accident was uninsured, you might need to follow a different path. Uninsured motorist coverage is not required for drivers in Augusta, but if you have it, you can submit a claim and hopefully cover some of your economic damages.
Another possible insurance option is MedPay. MedPay can help injured drivers pay for medical bills after an accident. MedPay might be helpful when the other driver lacks insurance, but you do not have and uninsured motorist policy, or if the insurance company is pushing back against your claim.
Filing a Lawsuit
One of the biggest benefits of filing a lawsuit is that plaintiffs can claim damages usually unavailable through insurance. For example, while pain, suffering, and other non-economic damages are rarely available in insurance claims, you may claim these damages in a lawsuit.
Our car accident lawyers will assist you in preparing and submitting a complaint. The complaint is far more than an allegation against the defendant. It is a formal legal document that must spell out specific details about you, the defendant, how the accident happened, and why you believe the defendant should be held liable. The complaint is also where our car accident lawyers will claim your damages. Your overall compensation might be reduced if certain damages are left out by mistake, which is why carefully keeping track of all expenses related to your accident will be important.
It is crucial to act quickly, as the statute of limitations under O.C.G.A. § 9-3-33 gives us only two years to file your case. If the deadline passes, you might lose your right to bring a civil action for the accident. It might be possible to buy extra time by having the statute tolled, but this is only possible in specific situations.
Although you will have two years to bring your claim, it is important to start investigating the case right away. By contacting our lawyers immediately after your crash, we can start uncovering and reviewing evidence to use in support of your case.
You can bring your claim up until the final day of the statute of limitations, but you should not wait that long. It is important for victims to appear committed to their physical and financial recovery, which is why filing well before the deadline is wise for car accident victims in Augusta.
Gathering Evidence
One of the hardest parts about filing a lawsuit is gathering enough evidence to support your claims. Much valuable evidence comes directly from the accident scene, although it might be lost after law enforcement clears the scene away. You can take photos of the accident after it happens to preserve as many details as possible, such as pictures of your injuries and property damage.
Witnesses are key elements in almost any civil case. Other drivers or pedestrians walking by might have seen your accident happen. These people can testify in court about what they saw and shed light on how the defendant’s negligence caused the crash. Eyewitnesses are not always identified in police reports for car accidents. If you were unable to speak with eyewitnesses following your collision, our car accident lawyers can use various investigation tactics to learn their identities, contact them, and obtain their statements. In addition to sourcing statements from eyewitnesses, we might also contact experts to further reinforce your compensation claim in Augusta.
Other evidence used in your case might include security camera footage, dash cam videos, your medical records, and help from accident reconstruction experts. Remember, evidence is unique to each case. Furthermore, evidence can, and often does, degrade as time passes. Memories might fade, security camera footage might be deleted, and physical evidence might be lost. Because of this, it is important to be proactive and enlist our lawyers to gather evidence immediately after your auto accident takes place. Evidence is necessary to meet the standard of proof in your civil claim. Our lawyers will use the evidence found during an investigation to prove that the defendant owed you a duty of care, the defendant breached that duty of care, the breach of duty of care caused your injuries, and you incurred real damages as a result.
Assessing Damages
Your damages are the basis of your compensation. Damages account for losses, injuries, and costs directly resulting from the crash and the defendant’s negligence. Your economic damages should include the cost of medical care, repairing or replacing your vehicle, and the money you lost from being unable to return to work. Although there is no limit on economic damages for car accident victims in Augusta, proving that you deserve such compensation matters. To do this, our lawyers will help you keep track of all of your losses so that we can submit them as proof of damages.
Damages may also take into account your subjective experiences. Pain, suffering, damage to your reputation, embarrassment, and overall quality of life after the crash are significant factors in calculating non-economic damages. Since these losses are very subjective, juries usually have the final say on how much compensation victims deserve. To sway a jury and make them see your pain and suffering firsthand, you can provide a statement that details your experiences. Statements from other witnesses, like experts, mental health professionals, close friends, and family, can also shed light on your reduced quality of life and emotional struggles following an auto accident in Georgia.
Depending on the circumstances of your case, you might be awarded punitive damages by a jury. Punitive damages are only assessed when defendants act with gross negligence. According to O.C.G.A. § 51-12-5.1(g), there is a $250,000 cap on punitive damages in most cases. If your accident happened because the other driver was under the influence of drugs or alcohol, there might be no limitation on punitive damages in your case, according to O.C.G.A. § 51-12-5.1(f).
Comparative Fault and Car Accident Cases in Augusta, GA
Even though you may know that the other driver involved in your accident is totally at fault for your injuries, you need to rule yourself out as a contributing party. Otherwise, Georgia’s modified comparative fault laws might negatively impact your case.
In Augusta, victims can sue as long as they are less than 50% at fault for their injuries. However, their damages will be reduced in proportion to their percentage of fault, according to O.C.G.A. § 51-12-33, So, suppose you were not using your headlights at the time of your accident, and that contributed to your injuries. If the jury decides that your failure to use your headlights makes you 20% at fault for your damages, your total awarded damages will be reduced by 20%.
Many victims are unaware of this and are shocked when they learn that their compensation will be lowered. By seeking help from our lawyers, we can ensure that fault is properly allocated among all involved parties and that blame is not unfairly placed upon you.
How to Win Your Car Accident Claim in Augusta, GA
Winning a claim is the goal of any victim who sues for a car accident in Augusta. In order for you reach your desired destination, there will be a few important steps for you to take along the way.
Winning a car accident claim begins with proper preparation. Our attorneys can start by reviewing basic information about the incident by referring to police reports and speaking to eyewitnesses. Then, we can investigate the accident to find additional evidence to use in your case, such as footage from nearby surveillance cameras.
You do not necessarily have to sue someone to win your case and recover some form of compensation in Augusta. Typically, victims can settle minor car accidents by filing claims with the negligent driver’s liability insurance. However, if settlement negotiations are not progressing or the insurance company is not willing to provide you with a fair offer, we can progress with a lawsuit. Still, after filing, the driver’s insurance may want to negotiate. From that point, we can assess your case to determine if going to court could result in you claiming greater damages.
Commitment to your physical recovery can also help you win your compensation claim. If your case goes to trial, the jury will want to see that you have followed all aspects of your recovery plan and that you have sought the necessary care for your injuries. This means that you should get all surgeries, procedures, and treatment advised by medical professionals following your motor vehicle accident.
How Much Time Do You Have to File a Car Accident Lawsuit in Augusta, GA?
All car accident claims must be filed within a set statute of limitations. If victims do not do this, they will lose the opportunity to recover damages via a lawsuit in Augusta.
Finding success in your lawsuit will require you to file on time. Remember, the statute of limitations for auto accident claims in Georgia is two years. Cases might have higher chances of success when they are filed soon after the accident in question, showing that the victim is dedicated to their financial recovery.
If you do not initiate your claim right away and wait several weeks or months before contacting our lawyers, there might not be sufficient evidence supporting your case. Being proactive is always important, especially if you are seeking recovery of damages following a collision in Augusta.
Understanding Car Accident Settlements in Augusta, GA
Often, victims are unfamiliar with the pros and cons of settling a case versus going to trial and how they will actually recover the damages awarded to them in Augusta. Our attorneys can explain the process so that you learn when and how you will get the compensation you deserve.
Victims can often avoid a trial by settling out of court. Typically, once a settlement offer is accepted, the matter is resolved, and the victim cannot seek further recovery. Because of this, carefully evaluating settlement offers will be important. You do not want to accept an offer that does not reflect your actual damages. Otherwise, you may not be fully compensated for your losses.
Defendants often want to settle car accident claims out of court so that they can have more control over how much they end up paying a victim. While engaging in settlement negotiations might be prudent, it is important to know when to proceed with a trial. You can disengage from settlement negotiations at any point before accepting an offer in Augusta.
Once your claim is concluded, whether through negotiations or a trial, you can receive your compensation award. Damages are typically paid via lump sum or structured payments, depending on the defendant’s ability and the specifics of the case.
At the end of your lawsuit, you should recover compensation for all economic damages related to the accident. Non-economic damages can be harder to recover in settlements and at trial, which is why submitting ample proof of your pain and suffering will be important. There is no cap on compensatory damages in Georgia.
Call Our Augusta, GA Lawyers for Help with Your Car Accident Case
Call our car accident lawyers at Howe Law at (844) 876-4357 to get a free assessment of your case today.
