Car Accidents

What should I do immediately after a car accident? Prioritize safety, call the police to report the incident, seek medical attention for any injuries, exchange information with the other party, and document the scene with photos. Notify your insurance company after consulting a car accident attorney, but do not elaborate on details or discuss fault; your attorney will guide or handle conversations with the insurance companies.

How long do I have to file a car accident claim in Georgia? The statute of limitations for a personal injury claim related to a car accident is typically two years from the date of the accident. Failing to file within this timeframe may cause you to lose the right to seek compensation.

What determines fault? Fault is based on evidence such as police reports, witness statements, and traffic laws, along with the concept of negligence. Georgia's comparative negligence law may apportion fault among multiple parties.

Can I recover damages? If you were injured due to another party's negligence, you may seek damages for medical expenses, lost wages, pain and suffering, and other losses. Damages can be economic (medical expenses, lost income) and non-economic (pain and suffering, emotional distress); punitive damages may also be awarded in cases of extreme negligence.

Should I speak with the at-fault driver's insurance company? Notify your own insurer promptly as your policy likely requires, but limit the conversation and do not address fault or other details. Consult an attorney before discussing details with the at-fault driver's insurer; your attorney may handle those conversations for you.

Do I need an attorney? While not mandatory, legal representation can be beneficial in navigating the process.

Car insurance is required to legally operate a vehicle. The type you need depends on factors like the state where you live, the value of your vehicle, and how much coverage you can afford. In Georgia you are required to carry bodily injury liability and property damage liability. Other available types include uninsured motorist coverage, collision coverage, medical payments, and personal injury protection; while not required, it is recommended to carry more than the minimum in case of any situation.

To keep insurance in good standing you pay a monthly premium. If you get in an accident, your insurance steps in to cover costs after you file a claim, but filing isn't free: it works like a doctor's office where you pay a deductible or a portion of the claim, with the amount depending on your level of coverage. The best way to avoid dealing with insurance is to avoid an accident, but when one occurs, insurance helps you avoid paying thousands out of pocket.

If you are deemed at fault in an accident, your car insurance rates are likely to increase. The extent depends on several factors: your location, your insurance company, your plan specifics, and the cost of the damage.

Typically, if you were at fault, you can anticipate a potential 46% increase in your rates after an accident. This adjustment isn't meant to penalize you but rather to align your plan with your driving history. Accidents tend to stay on your record for three to five years, impacting your rates during that period.

There are steps you can take to potentially lower increased rates, such as contacting your insurance company, improving your credit score, increasing your deductible, reducing coverage, or exploring different insurance providers. Note that even if you are injured, you may be entitled to compensation regardless of fault.

In Georgia, the statistics on car crashes are alarming, with thousands of residents involved in auto accidents each year, and the situation in Atlanta is particularly concerning. Many residents face the reality of crashes as they commute, and these accidents often result in debilitating long-term injuries or fatalities. A lack of proper legal assistance can make things worse, as victims frequently struggle to obtain the compensation they deserve.

Recent trends in traffic fatalities are disturbing. In 2019 there were approximately 1,500 fatal crashes, increasing to 1,700 in 2020. The upward trend continued into 2021, with about 600 fatal crashes recorded by June 2020 and 733 by June 2021, suggesting 2021 might surpass the previous year's total. These figures underscore the urgent need for safer driving practices in Atlanta and throughout Georgia.

Year after year, three primary causes of car crashes stand out in Fulton County: driving while intoxicated, speeding, and distracted driving. The encouraging news is that these causes are preventable.

A significant concern is the number of traffic fatalities attributable to drunk driving; nearly 25% of yearly traffic fatalities involve one or more intoxicated drivers. Driving under the influence is illegal in Georgia, where the legal blood alcohol content limit is 0.08.

Driving at excessive speeds for the road conditions is another major factor; adhering to appropriate speeds for weather conditions significantly reduces the likelihood of accidents, and posted speed limits are in place to ensure traffic flow and safety. Georgia also enforces hands-free driving laws through the Hands-Free Georgia Act, making it illegal to hold a cell phone or other technology while driving.

A car is a significant and valuable investment, and proper care and maintenance are crucial for its longevity and performance. There are three fundamental aspects of car maintenance to prioritize throughout the year.

Change your oil and filter: regular oil changes are vital, and depending on your car's make and model it's generally recommended to change the oil every three months or after three thousand miles. Check and rotate your tires: monitoring tire pressure and tread depth is essential for safety and fuel efficiency, and rotating tires helps distribute wear evenly and prolongs their lifespan. Maintain your transmission fluid: this fluid is critical for the proper functioning of your transmission, so follow your vehicle manufacturer's guidelines for checking or changing it regularly. No matter what vehicle you drive, address any recalls or unusual driving experiences promptly.

Even in regions like Georgia where snowy winters are infrequent, it's crucial to drive cautiously in cold weather. Consider three essential tips.

Keep winter gear handy: store a cold weather kit in your vehicle with extra food, water, warm clothing, a flashlight, an ice scraper, blankets, essential medications, a tarp, jumper cables, and traction aids like salt or sand. Maintain adequate fuel levels: keep your tank at least half full so that unexpected road closures don't leave you stranded and you can keep the vehicle running for warmth. Check tire condition: regularly inspect tires for proper inflation and adequate tread depth. To assess tread depth, use the 'penny test' by inserting a penny into the tread; if Lincoln's entire face is visible, it's time for new tires. These precautions can significantly enhance your safety during cold weather drives.

People often call after an accident having only exchanged phone numbers with the other person and never filing a police report. Filing a police report is essential to your case. Even though an accident is a traumatic event, if at the moment you didn't feel injured enough to call the police, you likely won't remember the details later when serious pain sets in.

For example, one client was involved in a 10-mile-per-hour collision with little visible vehicle damage and did not feel injured, so the parties just exchanged numbers. That night she felt shooting pains in her neck, went to the hospital, and learned she had a strain from the impact; her medical bills rose to around $5,000 while the car had about $800 of damage. The problem was that the phone number she received was fake and nothing was in a report. Reporting accidents is critical to making sure the details of your case are documented and you have the other driver's information right at the moment it happened, when your memory is best.

If you were in a crash that seriously injured your spouse, there is a good chance you also sustained injuries, which can complicate recovery for both of you. A few steps can help you recover properly.

Don't neglect yourself. Regardless of whether your injuries are more or less severe than your partner's, you need medical attention; it is human nature to focus entirely on your significant other, but failing to tend to your own injuries could cause serious complications. Follow your own doctor's orders, take your medications, avoid activities that aggravate your injuries, and get rest, because your body won't heal without it.

Don't handle the situation alone. Call a trusted friend or family member to sit with your spouse while you get your own treatment or rest. Arrange childcare if you have children, and notify the schools about who will be picking them up to avoid confusion. Keeping children close to their routine reduces their stress.

Track your own medical records and expenses. If you were injured in the same accident, you may also be able to receive compensation from the at-fault party, and keeping all records is important because they may be incorporated into your personal injury case.

Once emergency responders arrive, things happen quickly. Depending on the severity of your child's injuries, EMT personnel may provide immediate medical assistance and your child may be in an ambulance to the nearest hospital within minutes. Your injured child will be your top priority, but don't forget that you too may be injured, so make sure you get checked out as well. Even without physical injuries, you're likely to be upset and disoriented, so getting help sooner is better.

Be vigilant about your child's care and don't be afraid to speak up if you observe warning signs. Ask a lot of questions and take notes; make sure you understand the procedures physicians plan to perform and the risks involved, ask about the doctor's experience, and find out which medicines will be administered and what they treat. Have a trusted person with you to help remember what you've heard and ask follow-up questions.

Document everything, keeping track of medical procedures and drugs given, which helps with follow-up care and may factor into your compensation. Monitor your child during recovery; if your child undergoes surgery, try to have someone at the bedside to watch for the after-effects of anesthesia or medications. If your child has been injured, involve a good personal injury attorney as soon as possible.

Car accidents can stem from various causes, but one prevalent cause is distracted driving. Distracted driving encompasses any activity that diverts attention from the road, from checking text messages or directions on your phone to eating or adjusting your music. Georgia's Hands-Free Act prohibits touching your phone while driving, yet accidents from distracted driving persist.

If you've suffered injuries in an accident caused by a distracted driver, determining liability is crucial, and often the at-fault driver won't readily admit to being distracted. Proving that distraction led to the collision is imperative to securing compensation, so gathering evidence such as traffic camera footage, bystander photos, or witness statements is pivotal. This evidence is a cornerstone in obtaining compensation for property damage, medical expenses, lost income, and more. A personal injury attorney experienced in these cases can help substantiate distracted-driving claims.

In most situations, Uber drivers who cause an accident while driving for Uber must carry $1 million in coverage for their passengers. Every year, hundreds of people are injured in Uber accidents. If you were the victim of an Uber driver's negligence, you may be entitled to go against Uber directly. It's worth checking whether you qualify for maximum compensation.

As rideshare apps like Lyft and Uber grow in popularity in Atlanta, the question of who is responsible for accidents in rideshares comes up more often. While generally safe and cheaper than taxis, Uber and Lyft drivers are ordinary people in ordinary cars, which can create confusion when an accident occurs.

As with any car accident case, the person bringing the claim must prove two things to be compensated: liability (who was at fault) and damages (how badly the person was injured). Uber and Lyft drivers must carry valid personal insurance policies to drive for either company, but the question of whose policy is responsible remains. Legal liability most often rests with the rideshare driver who caused the accident, but depending on the status of their current ride, Lyft or Uber may ultimately be financially responsible for the damage sustained.

Colliding with a pedestrian is alarming for everyone involved, and pedestrians, lacking the protection of a vehicle, often sustain severe injuries. Pedestrians sometimes cross outside designated crossings or without proper signals, and a driver assuming a green light might not see them, leading to an accident that is unfortunately common in Atlanta.

Even if a pedestrian isn't in the crosswalk when hit, they may still have a strong case if they were attentive and didn't recklessly dart into traffic. They could file and win a lawsuit under the 'last clear chance' doctrine: if the driver had the opportunity to avoid the accident but negligence led to the collision, liability may still apply to the driver. Maintaining vigilant awareness while driving is crucial, especially in urban areas where pedestrians can be unpredictable.

Medical payments coverage, also known as MedPay, helps pay the medical costs after you or one of your passengers are hurt in a car accident, and it isn't affected by who is at fault. MedPay will pay for essentially all medical costs after an auto-accident injury, including passenger injuries, injuries sustained as a bicyclist or pedestrian, funeral expenses, necessary dental care, ambulance fees, hospital visits and stays, doctor's visits, x-rays, surgery, professional nursing care, and other medical-related costs.

MedPay follows the policyholder, so it is active whether you're riding in a friend's car, using public transit, or walking down the street, and it stays active in another state. Policyholders choose the maximum dollar limit their coverage pays per person, with common limits of $1,000, $2,000, $5,000, $10,000, or $25,000. It is generally easy and inexpensive to add MedPay to a policy at any time; how MedPay coordinates with existing health insurance (which pays first) varies by insurer, so check your policy.

If you're involved in a car wreck, you may hear the term policy limits. A policy limit is the maximum amount that an insurance policy will pay out on a certain claim.

If you've been in a collision and find out the other driver doesn't have insurance, you may wonder who is going to pay your medical bills and lost wages. That is why it's very important to have underinsured motorist (UIM) coverage, sometimes shown as UM/UIM on your policy.

This is a policy you can add under your own insurance that is supplemental to the other driver's coverage. For example, if the at-fault driver has $25,000 in coverage and you have $25,000 in UIM, there is a total of $50,000 in insurance coverage available to compensate you for your injuries.

Una pregunta muy común es: estuve en un accidente de auto, pero no tengo seguro médico y no soy ciudadano de los Estados Unidos, ¿tengo derechos? Sí, tienes derechos, y el bufete de Greathouse Trial Law Firm te puede ayudar. El abogado Riah Greathouse lucha por sus clientes para que el seguro pague por sus gastos médicos y sus dolores y sufrimientos.