Douglasville Car Accident Lawyer
The greater Atlanta metro area has some of the heaviest traffic anywhere in the country. As a result, accidents between cars, SUVs and commercial vehicles are very common.
Whenever these accidents occur, someone must be at-fault. When these collisions result in damages to a person’s property or a physical injury, the injured person has the right to sue the at-fault driver for damages.
A Douglasville car accident lawyer can represent people injured in car accidents in their fights with insurance companies to obtain the fair compensation that they deserve for their injuries. Speak with a determined personal injury attorney who can devote the time and resources necessary to build your case.
Car Accident Laws in Georgia
Most car accidents are exactly that, accidents. Even if a person is distracted by a phone call, spills coffee in their lap, or is driving while drunk, collisions between cars are seldom intentional.
However, this does not mean that an at-fault driver is not responsible for their actions. The law allows people who are injured in accidental collisions to hold the at-fault driver responsible using the legal theory known as negligence.
In short, negligence is when a person has a legal responsibility to take care of another person. When that person fails to take proper care, and another person is hurt, the person carrying the responsibility is legally liable. A Douglasville car accident lawyer’s role in car collision cases is to establish that the driver was negligent.
Proving Negligence
There are five parts, or elements, of a negligence claim that any plaintiff must be able to prove. They are:
- Duty – In some situations, the law creates a responsibility to care for others. Known as duty, all drivers assume this responsibility whenever they get behind the wheel. This duty extends towards not just other drivers, but passengers and pedestrians as well
- Breach – When a driver takes an action that places others in danger, the duty is said to be in breach. This can be done by ignoring a rule of the road, such as by speeding or ignoring a red light. Alternatively, it can be done by driving carelessly, tailgating, or not signaling before a turn
- Cause – The plaintiff’s injuries need to have been caused by the breach of the duty of care. For example, a driver who is rear ended at a stop sign needs medical evidence to prove that the collision caused their injuries
- Scope – The injuries suffered by the plaintiff need to have been foreseeable from the facts of the case. Since even low speed car accidents can cause life-changing injuries, this element is rarely in dispute
- Damages – The plaintiff needs an actual physical harm. Other damages, such as lost wages or mental anguish can certainly be a large part of a claim, but cannot stand alone
Statute of Limitations in Car Accident Cases
There is also a time limit after the accident within which a plaintiff must start their case in court. GA Code 9-3-33 gives people who have suffered personal injuries two years from the date of the accident.
This is known as the statute of limitations. If the accident happened more than two years ago, the case will fail, which is why it is imperative that an individual contact a skilled Douglasville car accident attorney.
Speaking to a Car Accident Attorney
Going through the mental and physical pain of a car accident has a profound effect on a person’s life. Mounting medical bills, difficult therapy sessions, and loss of enjoyment of life are all concerns that many plaintiffs have. Sadly, defendants’ insurance companies are no help. They will often try to minimize a plaintiff’s injuries or even try to convince the plaintiff that the accident was their fault.
A Douglasville car accident lawyer can help people who have been injured due to the negligence of other drivers, fight for the compensation that they deserve. By gathering all of the evidence and presenting it in a strong demand package, qualified car collision attorneys can settle most cases for a fair amount after negotiation. Contact a lawyer today, and know that you are in good hands.
