At The Law Offices Of Andrew Lynch, we understand that as an auto accident victim, you may be overwhelmed and suffering from emotional, physical, and financial injuries. Our firm wants you to focus on recovery. Let us focus on the justice system. Let our Georgia car accident lawyers help you return to the life you led prior to your injury.
Common Causes of Car Accidents
Common causes of our clients’ car accidents include:
- Speeding
- Reckless or aggressive driving, such as excessive speeding or weaving through traffic
- Following too closely (tailgating)
- Unsafe lane changes, including failing to signal or check mirrors and blind spots
- Unsafe turns, such as from failing to signal or failing to yield to oncoming traffic or traffic and pedestrians in the intersection
- Failure to yield at signs or yield the right of way
- Failure to stop at stop signs and red lights
- Drowsy or fatigued driving
- Driving under the influence of alcohol or drugs
- Distracted driving, usually due to cell phone use, adjusting car radio or navigation units, or interacting with other occupants of the vehicle
- Inexperienced drivers
Common non-driver related causes of car accidents include snow, ice, or pooled water on road surfaces, potholes and broken pavement, low lighting or low visibility caused by heavy precipitation or fog.
Common Car Accident Injuries
A car accident can lead to catastrophic injuries for motorists and passengers. Injuries car accident clients commonly suffer include:
- Bruises (contusions)
- Cuts (lacerations)
- Sprains and tears of tendons, ligaments or muscles
- Broken bones
- Herniated and ruptured discs
- Internal organ injury
- Internal bleeding
- Burns
- Spinal cord injuries, which can lead to paralysis
- Head injuries, including skull fractures and eye or ear trauma
- Traumatic brain injuries
Tips for Dealing with Insurance Companies After a Car Accident
In Georgia, car owners must carry proof of insurance coverage. If the other driver has no liability insurance or does not carry enough insurance to pay for your injuries, your own policy may provide you with uninsured or underinsured motorist benefits. When dealing with the insurance companies following your car accident, keep these tips in mind:
- The other driver’s insurance company is not looking out for your best interest. Insurance companies, even your own insurer, do not necessarily have your best interests as a priority. You may need compensation to help pay bills, but the insurance companies can be more concerned about turning a profit. They try to pay as little as possible on any claims. Insurance adjusters will try to get you to accept as little compensation as possible.
- The insurance company’s first offer usually is not their best offer. A car accident lawyer in Georgia working on your behalf can almost always increase the insurance company’s offer of compensation. The lawyer will use persuasive legal arguments during negotiations.
- If you are asked to give a statement to an insurance adjuster, tell the insurance company to speak with your lawyer. If you must speak directly with the insurance company or give a statement about the accident, stick to the facts as you remember them. The insurance company may use anything you say as evidence that you were partially at fault for your accident and deny your compensation.
- Before signing anything, have a lawyer from The Lynch law Group review documents the insurance company gives you. The lawyer can review documents to ensure that you aren’t signing away important rights or giving up rights to damages.
Common Mistakes to Avoid After an Auto Accident
An auto accident can definitely leave you in a state of shock. However, what you do immediately after an accident impacts your compensation. Here are some common mistakes you should avoid:
- Admitting Guilt: After an auto accident, you may admit guilt without realizing it. For example, if you say that you’re sorry, it could make it look like you’re partially to blame for the accident. Don’t do this. If the insurance company finds out that you admitted guilt, it could negatively impact your case.
- Forgetting to Gather Evidence: If you’re physically able to, you should obtain as much evidence as possible from the accident scene. Take photos of the vehicles involved in the accident and skid marks on the road. If you have visible injuries, you should take photos of those as well. If there are witnesses present at the accident scene, you should obtain their names and contact information.
- Waiting to See a Doctor: If you don’t have visible injuries or don’t feel much pain, you might not think it’s necessary to see a doctor right away. However, some car accident injuries, like whiplash and concussions, don’t always present symptoms right away. Therefore, you should get checked out by a doctor immediately. Additionally, if you don’t seek medical help immediately, the negligent party’s insurance company could argue that you aren’t truly hurt.
- Not Speaking to a Lawyer Promptly: If you plan to file an accident claim, know that there are deadlines you have to adhere to. In Georgia, you have two years to file a car accident claim. That’s why you should discuss your case with an auto accident lawyer in Georgia as soon as possible.
- Accepting the Insurance Company’s First Settlement Offer: When your medical bills are piling up, you may be anxious to get a settlement as soon as possible. However, you shouldn’t accept the first settlement the insurance company offers you. It likely isn’t enough to cover all of your damages. Wait for your lawyer to work out a fair settlement with the insurance company.
- Failing to Follow Your Doctor’s Instructions: After examining your injuries, your doctor will advise the best course of treatment. Whether your doctor suggests physical therapy or bedrest, it’s important to follow his or her orders. If the insurance company finds out that you aren’t listening to your doctor’s instructions, it could negatively affect your case.
Who is at fault in a Georgia car accident?
Whenever a car accident occurs, one of the first questions always involves liability. Whose fault was the crash? An Atlanta, Georgia car accident attorney from The Law Offices Of Andrew Lynch can help you figure out the process.
Georgia is an at-fault state, meaning drivers have to pay for any accidents that occurred because of their negligent actions. For this reason, it’s important to prove who caused the accident. Unfortunately, establishing liability isn’t always the easiest thing to do, legally speaking.
In many cases, there is just one driver at fault. But what evidence do you need to prove it? Some insurance companies will try to blame the other driver to reduce the amount of a claim they have to pay.
Is Georgia a no-fault state?
No, Georgia is an at-fault state.
There are some basic rules for proving fault in Georgia, including:
- If one driver broke a traffic law, and the other driver did not, then the one breaking the law is at fault.
- If one of the drivers drove with negligence, such as eating or talking on the phone while driving, then that person most likely is at fault.
- If one car wasn’t properly maintained and that led to the car crash, such as brake lights not working, then that car’s driver is most likely at fault.
- For rear-end accidents, the driver behind is typically at-fault because they are considered to be driving “too closely” to the other vehicle.
There are some exceptions. For example, if you are driving behind someone who is driving erratically or if they changed lanes suddenly, then you may not be found responsible.
Who determines fault in a car accident?
For all car accidents in Georgia, you’ll need to file a police report and notify your insurance company. The adjuster from the insurance company will investigate the case and review the facts to provide an opinion of who was at fault.
The adjuster will look at the following evidence to gain a better idea of car crash liability:
- Police report
- Statements from both drivers and witnesses
- Investigation of the accident scene (such as glass on the road or skid marks)
- Weather conditions at the time of the crash
- The physical condition of both cars involved
The adjuster uses this information to reconstruct the crash and show who was at fault. Insurance adjusters can be extremely biased, however, especially if they are representing the other driver. They may look for opportunities to ensure that their customers (and company) are not at fault and cast blame on you instead. That is why The Law Offices Of Andrew Lynch highly recommend you get a car accident attorney in Atlanta, GA to assist with getting your claims.
Can both drivers be found at fault in Georgia?
Yes, both drivers may be found at fault. Georgia has laws that define comparative fault, which is when an accident is evaluated and finds that both drivers share in the cause of the accident. If you have been negligent in any way or your vehicle wasn’t maintained properly, you could share in the blame.
If you are found to be negligent in any way, it might not be possible to collect any money from a claim. However, Georgia law says that as long as you were less than 50 percent at fault for the accident, you can still recover at least some of the total damages.
There are 2 rules when it comes to recovering damages in at-fault states like Georgia:
- You may recover damages in relation to how much the other driver was found to be at fault. For example, if the other driver was found to be 80 percent at fault, then you can recover 80 percent of the total costs.
- If it’s determined that you were at least 50 percent at fault, you will not be able to recover anything.
Seek Legal Protection
Have you been injured in a car accident? Talk to an Atlanta, GA car accident Attorney from the lynch Law Group now and protect yourself against insurance adjusters. If you’ve been involved in a car accident, you may need to hire a Georgia car accident lawyer. An experienced lawyer from the Lynch law Group can help you recover losses resulting from a car accident and/or reduce the hefty amount of paperwork, “red tape,” and hassle often associated with car accident insurance claims.
