Villa Rica Car Accident Lawyer
When people are injured in collisions with other cars, they can be confused and disoriented. From an initial trip by ambulance to the emergency room, to follow-up doctor’s appointments, to physical therapy or chiropractic visits, the trip back to health can be long and taxing.
On top of that, the other driver’s insurance company can make the process more difficult by delaying payment or even denying liability entirely.
Thankfully, Villa Rica car accident lawyers are here to help. By presenting the facts of your case with both strength and clarity, skilled injury attorneys can fight to get victims the fair compensation they deserve for their injuries.
Car Accident Laws in Georgia
Most accidents between drivers in Georgia are exactly that – accidents. It would be unfair to say that the other driver intentionally caused the accident. Regardless, one motorist must be declared to be at-fault in the collision.
Alabama law has adopted the common law theory of negligence to determine if a motorist is at fault in an accident. Consider the example of Car A sitting at a red light that is rear-ended by another driver in Car B.
This results in Car A’s driver suffering a strained neck. By examining the facts of the case through the prism of negligence, one can see if Car B should be responsible for Car A’s damages.
Proving Negligence
There are five parts, or elements, that the driver of Car A will have to prove in order to win their case.
- Duty – The at-fault party in a negligence case must have a preexisting duty to care for the injured person. This is not automatically present in most cases, and usually, a person must take a voluntary action to assume any duty. In this example, all drivers assume a duty to protect others, which extends to other drivers, passengers, and pedestrians. Therefore, Car B’s driver has a duty of care to protect Car A.
- Breach – A breach of the duty of care occurs when a person takes an action that places others in danger. In this case, Car B breached the duty of care towards Car A by not stopping in time at the red light. In general, if a person is found to have violated a rule of the road that causes an accident, a breach will be present.
- Cause – The plaintiff must be able to show that but for the breach of the duty of care, they would not have been injured. Here, it is fairly clear that the rear-ending causes the neck strain, but a doctor’s report stating this fact is a key piece of evidence.
- Scope – The plaintiff’s injuries must have been foreseeable from the facts of the case. Since car accidents commonly result in neck strains, this element is clearly met.
- Damages – The plaintiff must suffer actual physical harm. Once again, the doctor’s notes diagnosing a strained neck are usually all that is needed. If the plaintiff attempts to claim mental anguish in addition to the medical bills, they certainly can. But it is worth noting that a mental anguish claim cannot stand on its own legs; it requires an underlying physical harm.
How a Villa Car Accident Attorney Can Help
Villa Rica car accident lawyers represent victims in their fights with the insurance companies to obtain the fair compensation they deserve. Whether this includes medical bills, ambulance trips, lost wages, or mental anguish, they push for the maximum compensation warranted by your case.
Your attention should be on making a full recovery and getting your life back to normal; let dedicated attorneys worry about the details and deal with the insurance company.
