Over the last two years, the number of fatal car accidents in the United States has continued to decrease. While this may seem like an encouraging trend, the National Highway Traffic Safety Administration (NHTSA) reports that more than 36,000 victims lost their lives on American roadways in 2019 alone. According to the Georgia Department of Transportation (GDOT), more than 1,500 of the fatalities that year occurred in Georgia.
Consistently ranked one of the most dangerous and congested cities for driving in the country, accidents in Atlanta often have serious and sometimes fatal consequences. If you suffered injuries or lost a family member in a motor vehicle collision, an Atlanta car accident lawyer might be able to help you determine if you have a case. Contact Ben Crump Law, PLLC today at (800) 959-1444 to speak with our team about your accident.
Establishing Liability in a Car Accident Case
The Drive Alert Arrive Alive safety campaign by GDOT stresses that unsafe driving habits account for over three-quarters of all motor vehicle accidents in the state, particularly distracted driving, driving too fast for conditions, and driving under the influence of drugs or alcohol.
As a fault state, Georgia requires the at-fault party to compensate victims for the damages they suffered as a result of the accident. In order to do so, the victim or their attorney must prove that the liable party acted in a negligent manner. This process involves demonstrating that the party’s actions met all four legal criteria for negligence, which include:
- Duty of care
- Breach of care
Duty of care refers to the party’s responsibility to exercise reasonable caution to keep you safe, and breach of duty means they failed to abide by their duty of care to you. If in doing so, they caused the injuries, which led to your financial damages, they meet the criteria for negligence.
The Other Driver
In most car accident cases, a driver involved in the collision holds responsibility for the accident. If another driver caused the accident that led to your injuries or the loss of your loved one, you could file a claim against their insurance for compensation.
However, victims and their families should remember that car insurance companies work for a profit and sometimes do not have your best interest in mind. Adjusters typically try to determine liability for the accident right away so that if their client caused the collision, they could offer the victims a quick settlement. In many cases, victims receive these offers before they have had a chance to consult a lawyer or assess their damages, and when they accept them, they later discover that the amount they receive does not cover all of their damages.
If you received an offer for an insurance settlement, an Atlanta car accident lawyer can communicate with the company on your behalf and pursue adequate financial awards. Contact Ben Crump Law, PLLC today, and a member of our team will respond to discuss your case with you.
The Vehicle Manufacturer
When a vehicle has a safety-related defect or does not comply with federal standards, the manufacturer must issue a recall to warn consumers of its potential dangers and present a solution at no charge to the owner.
Unfortunately, vehicle manufacturers might not become aware of these safety hazards until consumers experience them, and when they cause accidents, serious injuries can occur. If a vehicular defect led to the injuries you suffered in your traffic collision, you might be able to hold the manufacturer accountable for your damages.
A Government Agency
Local and state governments have a responsibility to keep roads in safe conditions for drivers. Without proper upkeep, they can fall into disrepair and make traveling dangerous. Certain types of damage can make it difficult for the driver to maintain awareness of their surroundings and avoid collisions, including:
- Deteriorated roads
- Faded or nonexistent lines
- Missing guardrails
- Lack of signage
While filing a lawsuit against the government presents specific challenges, the Federal Tort Claims Act (FTCA) allows citizens to file claims under certain circumstances. If unsafe roads caused your car accident, a lawyer could help you determine if you can take legal action against the government agency responsible for your injuries.
For a free legal consultation with a car accidents lawyer serving Atlanta, call (844) 638-1822
Recoverable Damages in Car Accident Claims
Compensation for car accident claims varies based on the details of your case, but you may qualify for one or more types of damages, depending on the extent of your injuries, the insurance coverage available, and the settlement process. If you suffered physical, mental, or emotional damages in your accident as a result of your injuries or the loss of a loved one, you could pursue financial awards, which may include payment for:
- Medical bills
- Lost wages
- Loss of future income
- Property damage
- Mental anguish
- Loss of consortium
- Funeral and burial expenses
An Atlanta car accident lawyer can help you evaluate your damages and seek fair compensation.
Atlanta Car Accident Lawyer Near Me (844) 638-1822
Georgia Statute of Limitations
While you may have a right to pursue financial awards in your car accident case, the law provides you with a limited window in which you can do so. Georgia Code Title 9. Civil Practice § 9-3-33 outlines the statute of limitations for a personal injury lawsuit in Georgia, which allows up to two years after the date of the car accident or loss of your loved one to file a claim, with a few exceptions.
For example, you may have up to four years to file a claim for loss of consortium. If you contact a lawyer for help, you can get started on your case right away, and they can help you avoid preventable delays.
Contact Ben Crump Law, PLLC Today
When you suffer injuries or lose a loved one in a car accident, your damages may extend beyond physical pain and lead to long-term financial challenges. With the team at Ben Crump Law, PLLC on your side, you do not have to pursue the accountability and compensation you deserve on your own. Contact us today at (800) 959-1444 to speak with our team about your free case evaluation.