Countless car accidents occur each year in Savannah. Many of these accidents are caused by motorists’ careless and reckless conduct. Furthermore, the injuries caused by car accidents can cause immense physical pain and emotional hardship for victims.
Fortunately, negligent drivers can be held liable for crashes they cause. Multiple categories of monetary damages are available to plaintiffs in car accident lawsuits. However, defendants will often be represented by insurance companies and defense lawyers who will dispute the elements of plaintiffs’ claims.
If you were injured in a Savannah car accident, contact our experienced car accident lawyers at Howe Law by calling (844) 876-4357 for a free case review and get help pursuing the financial compensation you deserve.
Time Limit to File a Car Accident Lawsuit in Savannah, GA
Time limits to file specific types of lawsuits are established by states’ statutes of limitations. According to O.C.G.A. § 9-3-33, you will usually have two years from the date of a crash to file a car accident lawsuit seeking compensation for your injuries. Failure to adhere to this deadline could force you to forfeit your claim.
Furthermore, Georgia law establishes a separate statute of limitations for car accident lawsuits seeking compensation for property damage. Under O.C.G.A. § 9-3-31, you will have four years from the date of a crash to file a lawsuit seeking compensation for vehicle damage caused by your accident.
However, you should contact our Savannah car accident lawyers as soon as possible after suffering a crash. Pertinent evidence can become hard to obtain over time. For example, important details surrounding your accident can be forgotten, and relevant physical evidence can become lost. You should contact our attorneys right away after an accident so we can begin building your case.
Common Causes of Car Accidents in Savannah, GA
A great number of car accidents are caused by drivers’ negligent conduct. There are many forms of careless and reckless behavior that can lead to car crashes. The following are common causes of car accidents in Savannah:
Distracted Driving
Distracted driving is one of the most common causes of car accidents. Drivers can become distracted if they take their hands off the wheel, eyes off the road, or minds off the task of driving.
In Savannah, there are various activities that drivers engage in, which can be quite distracting. These include texting while driving, playing music on a mobile device, interacting with a GPS, eating or drinking while on the go, talking with other passengers, talking on the phone while driving, and viewing social media on a cellular phone. Some activities, like texting, involve more than one form of distraction.
Improper Lane Changes
Improper lane changes are another common cause of car accidents in Savannah. Improper lane changes can occur when motorists fail to use their turn signals or attempt to change lanes in illegal zones. Drivers who commit improper lane changes can be held liable for accidents they cause.
Tailgating
Tailgating is also a common cause of car accidents. Tailgating occurs when a driver is traveling too closely behind the car in front of them. Tailgating drivers will be unable to react properly if the car in front of them decides to slow down or break. Accordingly, tailgating drivers can potentially cause severe rear-end collisions. Accidents caused by tailgating motorists often happen on highways during periods of high traffic congestion.
Drunk Drivers
Unfortunately, drunk driving is a common cause of car accidents in Savannah. Drunk driving is an extremely dangerous activity. Drunk drivers will suffer from poor decision-making abilities, slow motor skills, and blurry vision when behind the wheel. Accidents caused by drunk drivers typically occur at night but can happen at any time of day.
Speeding
Additionally, speeding is a common cause of car crashes. Speeding drivers will be unable to react to hazards and other vehicles as they approach them on the roadway. For instance, a speeding driver on a highway will be unable to brake in time if they approach an unexpected traffic jam. Therefore, speeding drivers might also be held liable for accidents they cause.
Running Red Lights
Running red lights is another common cause of car accidents in Savannah. Drivers who run red lights can cause catastrophic collisions with motorists traveling in other directions through intersections.
Reckless Driving
Lastly, many car accidents are caused by reckless drivers. Reckless driving refers to any activity that constitutes a reckless disregard for the safety of persons or property. For example, a driver speeding down the shoulder of a highway during rush hour traffic might be found guilty of reckless driving. Furthermore, a motorist traveling the wrong way down a one-way road for an extended period of time might also be considered a reckless driver.
Parties that Can Be Held Liable in a Savannah, GA Car Accident Lawsuit
Car accidents can be more complicated than people think and involve multiple parties. If you want to file a car accident lawsuit in Savannah, it is essential to identify the responsible parties to claim compensation for your injuries. Although this might seem difficult, our car accident attorneys have the necessary experience to determine each party that contributed to your accident. The following are parties commonly held accountable in Savannah car accident lawsuits:
Negligent Drivers
In most cases, the driver who caused the accident is held accountable for the damages, and legal action can be taken against them. Negligent behavior is often the cause of car accidents, and it can take many forms. For instance, a driver might be driving above the speed limit, which can reduce their reaction time and increase the chance of an accident.
Similarly, a driver might be distracted while driving, which can include anything from texting or using a mobile phone to eating or drinking while driving. Driving under the influence of drugs or alcohol is another example of negligent behavior that can lead to a serious accident.
Vehicle Owners
In certain situations, the person who owns the vehicle that was involved in an accident can be held accountable for the driver’s actions if they entrusted their vehicle to an unfit driver. This is called negligent entrustment.
Negligent entrustment occurs when the owner knew or should have known that the driver was unfit to operate the vehicle safely because of a history of reckless driving, drug or alcohol use, or other factors that might impair their ability to drive. The owner might share the liability for the accident along with the driver.
Employers
When a driver operates a vehicle while on the job, their employer can usually be held responsible for any resulting incidents. This legal concept is known as vicarious liability or respondeat superior. Essentially, it means that employers can be held accountable for any harm resulting from the actions of their employees, as long as those actions were undertaken in the course and scope of their employment.
For instance, if an employee is driving a company vehicle, running an errand for their employer, or otherwise working within the scope of their job duties, their employer can be held responsible for any accident or injury that occurs as a result. This responsibility might extend not only to the direct damage caused to others but also to any financial losses that result from the incident, such as medical expenses or lost wages.
Vehicle Manufacturers
In certain circumstances, a car accident might be attributed to a flaw in the vehicle’s design. If a faulty component, such as defective brakes or a malfunctioning airbag, played a role in the crash or worsened the injuries, the manufacturer or distributor of the vehicle or part could be held accountable for producing and disseminating a defective product.
Dram Shops and Social Hosts
Establishments such as bars, restaurants, and nightclubs that serve alcoholic beverages must exercise caution when serving patrons who are visibly intoxicated or under the age of 21. In Savannah, these establishments can be held responsible for any damages caused by an intoxicated person they served. This is particularly true if the establishment knew or should have known that the person was already intoxicated or underage yet still served them alcohol.
Similarly, social hosts who serve alcohol at private gatherings can also be held liable for negligently serving guests. For example, if a social host continues to serve alcohol to a guest who is already visibly intoxicated, and that guest later causes harm or damage to others, the social host might be held responsible for their actions.
Elements of a Car Accident Lawsuit in Savannah, GA
The legal strategies and analyses that apply to your car accident case can differ depending on the circumstances of your crash. There are several factors that can affect how our Savannah car accident lawyers will approach your case.
In a car accident lawsuit, there are four key elements that need to be established. First, it must be proven that the driver who caused the accident had a legal obligation to exercise reasonable care while driving, which is known as a duty of care.
Second, it needs to be demonstrated that the driver breached their duty of care, which means they failed to act in a manner that a reasonable person would have in similar circumstances.
Third, it must be established that you were injured as a direct result of the defendant driver’s breach of duty.
Finally, the damages you sustained as a result of your injuries must be proven, such as medical expenses, lost wages, and pain and suffering. These elements are essential to building a strong case and seeking compensation for your losses.
Our team can help assess whether the aforementioned elements have been established in your case during a free case review.
Common Types of Evidence Used to Prove a Car Accident Lawsuit in Savannah, GA
When filing a car accident lawsuit in Savannah, it is crucial to gather and present relevant evidence to support your claim and determine liability. While you might have access to some evidence, other documents might need to be obtained from various sources. The following are common types of evidence used to establish a car accident lawsuit:
Medical Records
Medical records are vital evidence in car accident lawsuits, especially when it comes to proving injuries and their impact on your life. Obtain copies of all relevant medical records, including hospital records, emergency room reports, diagnostic test results, treatment plans, and receipts for medical expenses.
These records establish a clear link between the accident and your injuries, detailing the extent of harm suffered, necessary medical treatments, and ongoing healthcare needs.
Eyewitness Accounts
Eyewitness testimony can greatly strengthen your car accident lawsuit. Eyewitnesses who were present at the scene of the accident can provide firsthand accounts of what transpired. Their testimonies can describe how the accident happened, who was at fault, and other crucial details.
Police Reports
One of the most important pieces of evidence in a car accident lawsuit is the police report. When a car accident occurs in Savannah, law enforcement officers are typically called to the scene to investigate and document the incident. The police report provides an objective account of the accident, including details such as date, time, location, involved parties, witness statements, and any citations issued. This report can serve as vital evidence in establishing fault and help identify other pieces of evidence to use in your case.
Photographs and Videos
Photographs and videos can be highly persuasive in a car accident lawsuit. If possible, take pictures or record videos at the accident scene, capturing important details such as vehicle damage, skid marks, road conditions, traffic signs, and any contributing factors.
These visual records can validate your claims, show the severity of the accident, and help recreate the events leading up to the collision. Additionally, surveillance footage from nearby businesses or traffic cameras can provide objective evidence of the accident.
Expert Testimony
In complex car accident cases, expert testimony can provide significant support to your claim. Experts, such as accident reconstruction specialists, biomechanical engineers, or medical professionals, can analyze the evidence, recreate the accident, and offer their professional opinions on various aspects of your case.
Their expertise can help establish fault, explain how the accident occurred, determine the severity of injuries, and assess the long-term impact on your life. Expert testimony adds credibility and can be highly persuasive to judges and juries.
If You Were Injured Because of a Car Accident in Savannah, GA, Our Lawyers Can Help
If you were injured because of a car accident, seek support from our car accident lawyers by calling Howe Law at (844) 876-4357 for a free case evaluation.
