The weather or road conditions can change at any time in Alpharetta. All drivers must adjust to any changes and stay safe. If another driver failed to do this and caused your car accident, talk to an Alpharetta car accident lawyer.
You might be entitled to compensation for your costs. You should not have to pay for medical expenses, lost wages, and other expenses you didn’t cause. John Foy & Associates can let you know your options today.
Our law firm has over 20 years of experience working on car accident cases. Plus, we do not charge a fee unless we win your case. To get a FREE consultation today, call (404) 400-4000, or contact us online.
How Drivers Should Adjust to Changing Weather or Road Conditions
According to Georgia Code Section 40-6-180, no driver should exceed a speed that is “reasonable and prudent under the conditions.” Drivers should also adjust their speeds to any actual or potential hazards.
Drivers must also follow the above law when:
- Driving on or around a curve
- Coming upon the top of a hill
- Approaching an intersection or railroad crossing
- Driving on a winding or narrow road
- When there are weather, highway, pedestrian, or traffic hazards
Many drivers do not realize how dangerous changing road conditions can be. Rain, fog, and other weather types can make it hard to see or steer. Sudden road curves require a much lower speed to travel safely. If a driver is not careful, they can easily cause an accident.
Talk to a lawyer if another driver failed to heed changing conditions and hit you. You might be entitled to compensation. An Alpharetta lawyer can help you build a claim against the other driver.
How to Prove the Other Driver Was at Fault
Personal injury cases revolve around the idea of negligence. Negligence is a legal term for carelessness. If another driver’s negligence causes your accident, they are “at fault” and responsible for the costs.
You can seek compensation for your damages (Georgia Code Section 51-12-4) by filing a personal injury claim with the driver’s insurance. Your damages are the losses you experience because of your injuries.
Your claim will need to show the following to prove the other driver’s fault:
- The driver was negligent.
- Their negligence led to your car accident.
- The accident caused your injuries.
- You have damages because of your accident injuries.
A car accident lawyer will know how to show each point in your claim. Your lawyer can help you gather evidence of the accident and your damages. They’ll also calculate your total losses so that you know what settlement you deserve.
Damages You Can Claim From Your Accident
There are two main types of personal injury damages. Special damages have a precise dollar amount, and you must prove them. General damages account for mental injuries, and they are more complicated.
Here are some damages you might have after a car accident.
Medical expenses will probably make up the most substantial part of your claim. These costs may include:
- Doctor bills
- Hospital bills
- Prescription medications
- Physical therapy
- Travel costs to doctor appointments
Keep track of all bills and medical records for your claim. Your lawyer can help you get copies of your documents.
It’s important to consider past, current, and future medical needs. If your accident injuries are severe, you might need months or years of ongoing treatment. Your lawyer will account for these damages so that you don’t get stuck paying them out-of-pocket.
If you were working before the accident, you’ll likely have to miss work. You can claim your missed work time as lost wages.
If you have severe injuries, they might prevent you from working as you could before. You might be able to claim loss of earning capacity.
You will also likely need vehicle repairs after the accident. You can include the cost of repairs or a car replacement in your claim. Be sure to save all receipts and quotes related to car repairs.
Medical costs, lost wages, and vehicle repairs are special damages. You will need to prove these costs through documentation. Thankfully, this is relatively easy to do in most cases.
Pain and Suffering
Unlike the above damages, pain and suffering are general damages. Examples of general costs include:
- Physical pain and suffering
- Mental pain and suffering
- Loss of enjoyment of life
- Embarrassment or fear
- Scarring or disfigurement
Pain and suffering damages account for how your injuries have impacted your life. You do not have to prove a specific dollar amount for these damages. However, they are more challenging to demonstrate.
Your lawyer will use a formula to calculate what your pain and suffering are worth. They’ll also total up all of your damages.
Insurance Companies Are Not on Your Side
After the accident, you’ll deal with the at-fault driver’s insurance company most of all. We encourage you to be cautious of any communication with the insurer.
Insurance companies are for-profit businesses. They care most about their bottom line, and they’ll be looking for ways to reduce what they pay. The insurer might use tactics like:
- Downplaying your injuries
- Getting you to say something that they can use against you
- Offering you a lowball settlement
- Intimidating you into accepting less money
It’s best to avoid contact entirely until you have a lawyer. Your car accident lawyer can handle communication with the insurer.
You will probably get a quick, lowball settlement offer at first. The insurance company is hoping you’ll take the fast money and end your case. But you deserve full compensation for your damages.
Your lawyer will work to negotiate a fair settlement. Most cases settle at this point. However, if you can’t resolve negotiations, you might need to take your case to court. This is rare, but an experienced lawyer will be prepared if that’s what you choose to do.
Hurt in an Accident Caused by Failure to Heed Changing Weather or Road Conditions? Talk to a Lawyer for Free Today
John Foy & Associates aims to make the legal process as stress-free as possible. We do not charge you a fee unless we win your case. There are no upfront costs to worry about — and we only get paid if you do.
Contact us today for a FREE consultation. Call (404) 400-4000 or contact us online today.