Conyers, Georgia, is home to many people who commute to Atlanta each day. Occasional car accidents are unavoidable, but what do you do when something goes wrong? The insurance company may decline to pay what you are owed, or the other driver may claim you are at fault.
Car accident lawyers can help you make sure everything is handled smoothly. Every car accident is different, and a Conyers car accident lawyer may be key to ensuring you are properly compensated in your car accident claim.
This guide should give you a better idea of how to handle car accident claims, but consulting a car accident lawyer can provide specific insight into your case.
Common Causes of Car Accidents and Motorcycle Accidents
A car crash is almost always going to be a sudden and confusing event, and it can be difficult to keep up with the details. They are hard to predict, and no two are exactly the same. However, there are a few common causes, such as:
- Distracted driving
- Drowsy driving
- Reckless driving
- Vehicle defects
- Bad weather
- Failure to yield
- Alcohol or drug use
A car accident attorney will be well equipped to help you assess your car wreck, and determine the pertinent details. A personal injury lawsuit may be necessary but a simple insurance claim may be an option in most cases.
Who is Liable for a Conyers Car Accident?
When filing car accident claims, it is vital to identify who is liable for the accident. Accident victims are entitled to compensation for damages, medical bills, and possibly more. A Conyers car accident attorney will be able to determine liability and see to it that the liable party pays their debt.
Liability refers to the party responsible for repaying the victim for the damages. This is usually the driver of the vehicle, but not always. There are situations where someone else is liable.
In a motor vehicle accident involving a commercial vehicle, such as a company car, the employer may be liable instead of the driver. Under Georgia law, an employer is liable for any negligent act or omission while working for that company. Most commercial drivers will have insurance that should cover the damage from a wreck they are involved in.
However, thousands of commercial truck accidents happen every year in Georgia. Of those, hundreds are fatal and thousands involve severe injuries. Many commercial vehicles are large and heavy, meaning personal injury and wrongful death car accident cases are a major risk.
A Conyers car wreck lawyer may be vital to give you an advantage in commercial car crash cases.
Government Agencies Could Be Liable
In an accident involving a vehicle owned by the city, county, or state, both state and federal laws have to be followed closely. If you do not act within these rules, there is a chance you could lose your chance for fair compensation.
Usually, you have a two-year statute of limitations to file a personal injury claim. In a government car accident, there is a different system you must be aware of. Depending on the details, you will have a shorter amount of time to issue an “Ante Litem” notice. This will allow you to file your claim, but it must be turned in sooner than the two-year statute. If the claim is against the state, you have one year. If it is against the city, you only have six months.
The other major hurdle with government liability is something called sovereign immunity, though Georgia has certain exemptions for this. You will be able to pursue a claim against the government agency involved, but not the driver responsible. However, there will be a limit on the compensation you can receive.
A car wreck attorney can guide you through these rules and make sure you do not lose your right to compensation.
What if I Was in a Multi-Car Accident?
In an accident involving multiple vehicles, more than one driver can be held liable. Depending on who is at fault, the liability can shift from one to several drivers. This person’s insurance company will have to cover the damages of everyone else involved. This will be shared with any other driver who shares the blame for the accident.
A Conyers car wreck lawyer is invaluable in such a confusing situation, helping to determine which drivers are liable to cover the damages for everyone else.
A single-car accident refers to a wreck involving only one vehicle, such as when a driver crashes into a telephone pole. There are different causes and circumstances that can lead to this, some of which fall on the driver and some fall on other parties.
Of special interest for a Conyers personal injury lawyer are cases where the vehicle has some fault, like poor brakes or malfunctioning steering. This could put liability on the manufacturer, especially if they were aware of the faulty product yet did nothing about it. You may have just had a car repair that did not solve the issue. If you sustained injuries due to something you paid another party to fix, they would be at fault for not being diligent in their work.
Even if you are the only driver involved, a fair settlement is still possible. You should consult a law firm after any car, motorcycle, or truck accident to see if you have a case.
Compensation for Conyers Car Accident Victims
Those involved in motor vehicle crashes, especially due to the fault of another, are entitled to the maximum compensation promised by law. There is more than one type of compensation you can pursue from the at-fault party, and though their insurance company will usually handle this, there are cases where legal action is required.
This is where Conyers car accident attorneys come in, helping you navigate the legal system to receive the settlement you deserve.
An accident report is crucial after a car wreck occurs so that the details can be established while still fresh. If you want your claim to succeed, you will likely need to prove the incident occurred as you say it did and caused the damages you claim.
Economic damages are the easiest to understand and claim in any worker’s compensation claim or personal injury case. They reimburse any damage to you and your property, as well as lost wages. Repairs and medical expenses are simple enough to prove and if you exchange insurance information, it should not be too difficult to obtain compensation.
It is important to act quickly, especially if you require medical assistance after the accident. The accident scene needs to be carefully documented. If enough time passes, it may be difficult to prove how much property damage was done. You have two years to file a claim, but a lot can happen in that time.
Sometimes you have to get medical attention months, or even years, after the initial incident. Do not wait too long to file a claim or even the most skilled accident lawyer may have trouble getting you a full settlement.
Not all damage in a car accident is strictly economic. The trauma of a sudden crash can cause long-lasting pain and suffering. A catastrophic injury can seriously affect your life and mental health. There is also the anguish one experiences in wrongful death cases, which are common in automobile and pedestrian accidents. One should not suffer because of the actions of other drivers, without being compensated for their emotional suffering.
These damages can be a little more difficult to prove in the claims process, but accident lawyers in Conyers will be sure to take it into account and build your case.
Punitive damages are extra fines added to your settlement based on whether the responsible party was especially reckless or malicious. Oftentimes this is criminal negligence, where the negligent party will have to personally pay their victim as punishment.
This is not always evident at first but can be discovered throughout the legal process. They are relatively rare in personal injury cases but are awarded by a judge or jury. A car wreck lawyer will be able to review the details of the case and discover criminal wrongdoing, such as driving under the influence.
In commercial cases, sometimes a company is at fault for paying punitive damages. Never count on punitive damages being awarded, but they are a possibility to consider.
Conyers, GA Car Accident FAQ
Consulting local law offices should always be your first step when you have questions after an accident. Conyers car accident lawyers will know better than anyone how to move forward in your car accident injuries case. However, there are a few common questions car crash victims have, and we have provided a few answers below:
What does a car accident lawyer cost?
You may be concerned about paying legal fees. The emergency room and medical treatment are already expensive and depending on the insurance companies involved, you might think you cannot afford any experienced attorneys.
In this case, there are still avenues available to you. Many accident lawyers in Conyers offer a free consultation, meaning you can at the very least discuss your case with a lawyer. Many attorneys also work on contingency, meaning that they are only paid if you win your case. If all else fails you may consider a loan, which you can repay with your legal award.
If you have suffered injuries in a car accident and were cheated out of compensation, do not let financial worries stop you from seeking representation. Help is still available.
Do I need to get a lawyer?
You may decide to pursue your car accident case without legal representation. While this is technically possible, it could be a tremendous mistake. Nobody understands the legal system like an experienced lawyer, and they have the knowledge to get you the maximum possible payout. If you end up in court, your opponents will almost definitely have their own lawyers.
While representing yourself is an option, it is often the worst one. Do not let yourself be cheated out of proper compensation, just to avoid lawyer fees. Your losses will likely far outweigh your gains.
The at-fault party says I am partly to blame for the incident. What can I do?
Georgia has particular laws about this. The state works with the modified comparative negligence approach, which means that a person can only receive compensation in a car accident case if they are found to be less than 50% at fault.
If either party is found to be over 50% at fault, they are liable. If both are found to be equally at fault, then there will be no payout either way. However, that is a rare occurrence, one that a lawyer can likely avoid.
Talk to a Conyers Car Accident Attorney
If you have been in a Conyers, Georgia car accident and think you need legal help, it is never too soon to reach out to a Conyers car accident attorney. They will be ready and willing to help you receive the compensation you deserve so that you can comfortably move on with your life.
The Law Offices of Jorge Luis Flores have been serving Conyers for decades, helping car wreck victims just like you with traumatic brain injuries and other severe injuries. Contact us for a free consultation today by calling or completing our online contact form.