When you choose our Atlanta car accident attorneys to represent you, we will:
- Investigate what happened to ascertain liability
- Gather evidence
- Negotiate with the insurance companies in pursuit of a fair settlement
- File a lawsuit against the responsible party or parties, if necessary
- Fight for you in and out of the courtroom
How Does Negligence Affect a Car Accident Claim in Atlanta?
When you are injured because of another driver’s negligence, you have the right to seek compensation for damages. To successfully secure compensation through civil litigation, you must be able to demonstrate that the other driver was negligent under the law.
In practice, a driver’s behavior is considered negligent if they failed to follow traffic laws, drove recklessly, or acted in a way that another driver in the same situation would not. When negligent behavior leads to an accident, the at-fault driver becomes liable for the harm they cause.
But what if you were partially to blame for the accident? The good news is that Georgia follows modified comparative negligence rules, so you can still recover compensation if your share of the blame is less than 50%. However, your damages will be reduced by your percentage of fault, which is why you need a skilled attorney on your side. Our Atlanta car accident lawyers understand how to effectively combat allegations of shared fault and will always work to maximize what you recover.
Atlanta Car Accident Statistics
Atlanta’s roads are among the busiest in the state, and with heavy traffic comes a high risk of accidents. According to the Governor's Office of Highway Safety, thousands of car accidents occur annually in the Atlanta metro area, leading to serious injuries and fatalities. In fact, recent statistics show that:
- Fulton County consistently ranks among the top counties in Georgia for traffic accidents. In 2022, it led the state with 160 traffic fatalities.
- Driver distraction rates were higher in accidents that occurred in the Atlanta metro area compared to other metro areas and rural areas, with 8 out of the 11 counties in the Atlanta region having a higher percentage of distraction-related crashes compared to the statewide average.
- In 2022, more than half of all pedestrian crashes (57%) occurred within the Atlanta region. Nearly half of all bicyclist crashes (47%) occurred in the region.
- The Atlanta region accounted for 39% of the state’s total number of motorcycle crashes in 2022.
What To Do After A Car Accident
After a car accident in Atlanta, it’s important to take the right steps to protect both your health and your legal rights:
- Ensure Safety First: Check for injuries and, if possible, move to a safe location to prevent further harm.
- Call 911: Report the accident to the police and request emergency medical services if anyone is injured.
- Gather Information: Document the scene by taking photos of the vehicles, the surrounding area, and any visible injuries. Exchange information with the other driver, including their name, insurance details, and contact information.
- File a Police Report: A police report is crucial for establishing the facts of the accident, which can be important evidence in any future claim.
- Seek Medical Attention: Even if you don’t feel injured immediately, get a medical evaluation to identify any hidden injuries that may surface later.
- Consult with an Attorney: Before speaking with insurance adjusters or agreeing to any settlements, consult a car accident attorney to ensure you protect your legal rights.
Understanding Fault in Atlanta, GA Car Accidents
Georgia operates under an “at-fault” system, meaning that the party responsible for causing the accident is financially liable for resulting damages. This fault system impacts how car accident claims are handled in Atlanta:
- Fault and Liability: Determining fault in a car accident requires establishing that one party acted negligently, causing the collision. For example, a driver who runs a red light and hits another vehicle may be deemed at fault for the accident.
- Comparative Negligence: Georgia follows a modified comparative negligence rule. If you are partially at fault for the accident, you can still recover compensation, but your damages will be reduced by your percentage of fault. However, if you are found to be 50% or more at fault, you may be barred from recovering any damages.
- Proving Fault: Proving fault often requires evidence such as police reports, eyewitness testimony, video footage, and expert analysis of the accident scene. Our attorneys leverage decades of experience to help clients gather the evidence needed to prove fault.
Compensation in Atlanta Car Accident Claims
If you’ve been injured in a car accident in Atlanta, you may be entitled to compensation for various losses. Compensation typically falls into two categories:
- Economic Damages: These are tangible losses that can be calculated, such as medical expenses (past, current, and future), lost wages and loss of earning capacity, and property damage (e.g., vehicle repair or replacement)
- Non-Economic Damages: These are intangible losses that are harder to quantify, such as pain and suffering, emotional distress, and loss of enjoyment of life
In some cases, punitive damages may be awarded if the at-fault party’s actions were especially reckless or egregious, such as in cases involving drunk driving. Regardless of what damages you’re eligible to recover, maximizing your total recovery requires strong evidence, accurate documentation of your losses, and the strategic negotiation skills of an experienced attorney.
At Cunningham Bounds, we’ve developed proven practices to help victims do just that and have secured billions of dollars in verdicts and settlements as a result. Some examples of our auto accident results include:
- $10 million. Verdict for the family of a pilot in a head-on collision with a drug-impaired auto dealer employee.
- $6.5 million. Verdict for a client severely injured in a motor vehicle collision.
- $975,000. Settlement for a client who was injured in a car accident.
- $900,000 Settlement for a client who suffered back injuries after being rear-ended at a red light.
Causes of Car Accidents in Georgia
Many car accidents in Georgia are caused by negligence or other actionable factors, leading to injury claims. Common causes include:
- Distracted Driving: Whether it’s texting, using a GPS, or talking on the phone, distracted driving is one of the leading causes of accidents.
- Speeding: Driving above the speed limit or too fast for road conditions can cause crashes.
- Impaired Driving: Alcohol or drug impairment significantly increases accident risks.
- Reckless Driving: Aggressive behaviors like tailgating, weaving through traffic, or running red lights can lead to serious crashes.
- Failure to Yield: Many accidents occur when drivers fail to yield the right of way at intersections or during lane changes.
- Defective Vehicles: Sometimes, accidents are caused by mechanical failures or defective parts, leading to claims against manufacturers or other parties.
Process for Filing a Car Accident Claim in Atlanta
Filing a car accident claim in Atlanta involves several important steps:
- Report the Accident: Always file a police report to document the accident. This report will serve as key evidence in your claim.
- Seek Medical Attention: Get immediate medical attention and keep all records of your treatment. Even minor injuries should be evaluated by a healthcare professional.
- Notify Your Insurance Company: Notify your insurer about the accident but avoid giving recorded statements or detailed information until you’ve consulted with a lawyer.
- Consult a Car Accident Attorney: Before negotiating with insurance companies, consult an attorney who can protect your rights and handle communication on your behalf.
- Gather Evidence: Your attorney will help gather evidence, such as witness statements, medical records, and expert analysis, to build a strong case.
- File a Claim: Your attorney will file a claim with the at-fault party’s insurance company, seeking compensation for your damages.
- Negotiate or Litigate: If a fair settlement isn’t offered, your attorney may recommend taking the case to court to pursue full compensation.
How Long Do I Have to File a Car Accident Claim in GA?
In Georgia, the statute of limitations for filing a car accident claim is generally two years from the date of the accident. However, there are some exceptions:
- Minors: If the injured party is a minor, the statute of limitations may be extended until they turn 18.
- Government Claims: If the accident involves a government vehicle, you may have a shorter timeframe to file a claim.
- Delayed Injuries: In some cases, if injuries are not immediately apparent, the clock may start ticking from the time the injury is discovered.
It’s important to act quickly after an accident to preserve evidence, secure witness statements, and ensure your case is filed within the appropriate timeframe. Delaying can jeopardize your ability to recover compensation.
Call For a FREE Consultation: (404) 609-1081
If you or someone you love were injured in a motorcycle wreck anywhere in Atlanta or the surrounding areas of Georgia, our Atlanta car accident lawyers at Cunningham Bounds can help. We encourage you to learn more about your potential claim and how our award-winning team can help during an initial consultation.
Call (404) 609-1081 or contact us online to get started. We offer FREE consultations and work on contingency, which means there’s no cost to hire our team and no fee unless we win.