Car accidents are not only physically dangerous but also legally complicated. The fallout from a car accident might leave injured drivers needing both a doctor and a lawyer.
Car accidents are often the result of driver negligence. A serious crash is more likely when another driver violates the traffic laws, behaves recklessly on the roads, or is distracted behind the wheel. After such a crash, you can take legal action against the negligent driver and sue them for your injuries and expenses. You can claim damages for your medical bills, damaged vehicles, emotional trauma, and physical pain. You will need strong evidence like photos and videos from the crash scene, your medical records, and witness testimony to support your claims. An attorney can help you prepare and file your lawsuit while also investigating for evidence and developing effective legal strategies.
If you were injured in a car accident, our Marietta car accident lawyers can help you sue the driver or drivers responsible. For a free case evaluation with our team, call Howe Law at (844) 876-4357.
Common Causes of Car Accidents in Marietta
Car accidents are often the result of traffic violations. The traffic code imposes various laws that all drivers have a duty to abide by. This includes obeying all traffic control devices (e.g., signs, lights, signals). When drivers break the law by running red lights, failing to stop at stop signs, or failing to yield, they may cause an accident, and other drivers might get seriously hurt.
Unsafe road conditions are another significant cause of car accidents. When the weather is bad, and the road is less safe, drivers must adjust how they drive according to the road conditions. For example, when the roads or wet or icy and slick, drivers should reduce their speed, often below the speed limit. Even driving the speed limit, which would ordinarily be safe, may be unsafe when the road conditions are bad.
Distracted driving is one of the leading causes of accidents nowadays. Drivers making phone calls, texting, or using other handheld communication devices are at a much higher risk of accidents. When a driver takes their eyes off the road to look at a phone, check their mirrors, or reach for something on the floor, they might cause a crash. Our Marietta car accident lawyers can help you figure out how your crash happened and which drivers should be held liable.
Legal Action After a Car Accident in Marietta
After a collision, you should speak to an attorney as soon as possible about possible legal actions against the other driver. Our Marietta car accident attorneys can help you file a personal injury lawsuit to get financial compensation so you can pay for your various accident-related expenses. Beginning a lawsuit is no small task, and one of the first things you should do is identify the defendant.
Determining who should be held liable is sometimes very difficult. In cases involving multiple vehicles, it might be unclear exactly who is to blame and who is another victim. Still, in other cases, negligent drivers flee the scene after causing a crash, and injured drivers are unable to identify them without help from the police.
Once we have determined who should be held liable, we can file your lawsuit with the proper parties named as the defendants. In most accident cases, liability is based on negligence. We must establish four legal elements to prove that the defendant was negligent: duty, breach, causation, and damages.
The element of duty refers to the legal obligation of all drivers to drive with reasonable safety while also obeying all traffic laws. The breach is the act or inaction by the defendant that violated their legal duty. Causation is the link between the breach and the accident, meaning the breach must have been the direct cause of the crash. Finally, we must show that your injuries and damages are real, not just possibilities.
Damages You Can Claim in a Car Accident Lawsuit in Marietta
Damages are the central focus of a lawsuit, and you can claim various damages after a car accident. Many of your damages will likely be economical in nature. Economic damages are related to actual money lost or spent because of the crash. Non-economic damages are instead tied to your subjective experiences surrounding the accident. Our Marietta car accident lawyers can help you calculate your damages and get you the most compensation possible.
Economic damages include your medical bills and vehicle repair costs after the accident. Medical expenses are notoriously costly, and vehicles are rarely cheap to repair. On top of that, you might have to miss work because of your injuries and lose income. You can include your lost earnings as part of your economic damages.
Non-economic damages are losses and injuries that did not cost you any money but still deserve financial compensation. Your physical pain from your injuries and the emotional trauma from the crash can be devastating, and you deserve compensation for having to endure them.
Evidence you Need to Support Your Claims in a Marietta Car Accident Lawsuit
A lot of important evidence will come straight from the crash scene. Some evidence, like your car and the other driver’s vehicle, is too big to get into the courtroom, so you should take photos and record videos instead. These photos and videos also help preserve the whole scene as it was during your accident and may be very persuasive during your trial.
Witness testimony is also extremely important. The more witnesses we can find, the greater your odds of success. Eyewitnesses can testify about what they saw when the accident happened and shed light on the defendant’s negligent behavior. Our Marietta car accident attorneys can help you track down witnesses and prepare them to testify.
We also need your medical records as evidence of your injuries. Contrary to what you might have seen on TV in courtroom dramas, it is not enough to show up to court in casts and bandages to prove you were injured. Your medical records help establish the severity and extent of your injuries, especially if your injuries have healed by the time of the trial.
Contact Our Marietta Car Accident Attorneys for Help Today
If you were involved in a car crash and experienced any injuries, you should contact our Marietta car accident lawyers about taking legal action. For a free case review, call Howe Law at (844) 876-4357.
