Even injuries from a minor car accident can develop into more serious conditions or cause ongoing pain, often with steep medical costs. No insurance company is eager to pay out, and many will offer far less than you deserve. Don’t allow yourself to foot the bill for an accident that wasn’t your fault.
Our personal injury law firm exists exclusively to help accident victims and their families. We have built a reputation as one of the state’s most respected and effective law firms. Our Marietta car accident attorneys have assisted injured victims for over 20 years and have a long history of winning cases.
Contact a member of our legal team for a free consultation.
What to Do After a Car Crash in Marietta
After a collision, the most important thing to do is ensure you are okay and seek medical attention for your injuries. Call an ambulance and go to the hospital if you need to. Your safety should be your number one concern.
Once you know you are safe, there are steps you can take to improve your chances of getting compensation.
After a crash, you should:
- Take pictures or video of the scene, including the damage to each vehicle.
- Contact law enforcement so there will be a police report.
- Get the contact information of any witnesses at the scene.
- Only state the facts, and avoid saying too much to the other party or an insurance adjuster.
- Even if you don’t think you’re injured, see a doctor immediately. This step is important to both your health and your case.
Always gather as much evidence as possible after a crash. While your attorney can obtain the accident report and other evidence, anything you can collect will help.
Also, according to the Official Code of Georgia Annotated (OCGA) § 40-6-273, you must report any collision if the damage exceeds $500. So be sure to call local law enforcement.
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Who’s At Fault in a Georgia Car Wreck?
Georgia is an “at-fault state” for automotive accidents. That means that whichever driver caused the collision will be held responsible for the costs of everyone hurt. Usually, the at-fault driver’s insurance policy will cover these costs, so no one pays out of pocket.
This system works well, but it requires the insurance companies to follow certain rules about who is at fault. In some cases, these rules are straightforward. For example:
- In a rear-end collision, whoever was in the back is usually at fault (but not always).
- A DUI driver is almost always considered at fault for any accident they’re involved in.
- A driver who violates traffic laws, like running a stop sign, will likely be considered at fault for a resulting collision.
- Factors like talking on a cell phone or texting while driving are also considered when assigning fault.
But there are exceptions to all these rules. For example, if you were texting while stopped at a red light, and someone slammed into you from behind, the fault is almost certainly with them.
The key to every car accident claim is negligence. Essentially, the law asks if anyone acted carelessly. So ask yourself this: If they had been more careful, could the collision have been prevented? If the answer is yes, that person is likely at fault.
What Damages Are Covered in a Marietta Car Accident Claim?
The City of Marietta allows motor vehicle accident victims to recover up to 100% of their damages. In other words, if the collision wasn’t your fault, you should be able to walk away with no medical debt or costs.
The costs we see most often in car accident claims include the following:
- Hospital bills and other medical expenses
- Lost wages
- Rehabilitation, such as physical therapy
- Reimbursement for missed work due to your injuries
- Car repairs
If you suffered serious physical pain, a disability, or another major loss because of your injuries, you could be awarded more money. Additional damages could include the following:
- Pain and suffering
- Emotional distress
- Decreased earning capacity
- Loss of enjoyment of life
A court might also award you punitive damages if the at-fault party did something egregious, like driving drunk. No amount of money will make up for everything you endure after an accident. However, a settlement may help you and your family stay afloat financially as you deal with the aftermath.
What Is the Average Settlement for a Car Crash Claim?
Financial compensation for auto accidents can vary greatly. Your car accident settlement will depend on the extent of your damages and the circumstances surrounding the crash. During your initial consultation, your attorney can give you a better idea of what you can expect for your damages.
Some settlements we have secured for our clients include:
- $7.7 million for a motorcycle crash.
- $6.6 million for a tractor-trailer collision.
- $4.9 million for an 18-wheeler accident.
- $2 million for an auto accident.
While your compensation amount will depend on the circumstances of your case, an experienced attorney from our accident law firm will be able to calculate your damages and negotiate with the insurance company. Our team will work tirelessly to ensure you get fair compensation.
Do I Have a Valid Marietta Car Accident Claim?
It’s hard to be sure whether you have a claim until you speak to a qualified lawyer. Car accident claims have dozens of variables, and a good attorney who has spent years working on these cases can tell you how strong your claim is. They can also show you how much your financial recovery might be.
We have helped victims of:
- Head-on collisions.
- Rear-end accidents.
- Distracted driving collisions.
- Semi-truck wrecks.
- DUI accidents.
- Collisions involving bad driving conditions (fog, rain, etc.).
- Incidents caused by tire failure.
- Hit-and-run incidents.
- Collisions caused by uninsured motorists.
- Police chase accidents.
Do I Have to Go to Trial for a Marietta Car Crash Case?
You don’t typically have to go to court for a car accident. However, if the insurance company refuses to negotiate, we may recommend taking your case to trial in the local courts. We base this recommendation on your claim’s strength and whether you are likely to win. We will handle the litigation if you choose to go to court.
However, most car accident cases never go to trial; they’re usually resolved through negotiations. We will launch our own investigation of the collision and gather hard evidence to support your case.
This allows us to hit the insurance company hard at the bargaining table. In many cases, hiring a lawyer is all it takes to get them to make you a much higher offer.
Is It Worth It to Hire a Car Accident Lawyer in Marietta?
After a crash, it can be tempting to let things work themselves out instead of actively pursuing a settlement. However, you could pay the resulting bills with your own money if you have any injuries or property damage.
While it is possible to handle the legal proceedings yourself, it can be extremely difficult. The at-fault party and the insurance company may try to blame you for the accident or trick you into accepting a settlement of less than what you’re owed.
An experienced personal injury lawyer will know how to ensure you’re protected.
How Much does It Cost to Hire a Marietta Car Accident Attorney?
You should not have to pay out of pocket for an accident someone else caused. That’s why we make legal help as accessible as possible. It’s also why we don’t charge hourly fees. Instead, our payment structure is simple:
- Every consultation is free.
- You pay us nothing out of pocket, ever.
- You pay us nothing unless we win you money.
- Our attorney fees will be a percentage of your settlement or court award.
We prefer this approach because it allows you to get legal help with no risk.
When Should I Get a Personal Injury Lawyer for My Car Accident in Georgia?
In Georgia, the statute of limitations for a personal injury claim is two years, according to OCGA § 9-3-33. So that’s just two years to file for compensation for any medical bills or lost work you suffered because of your injuries.
The deadline to file for vehicle damage is longer. For damages to your vehicle, OCGA § 9-3-31 allows a four-year statute of limitations. However, that doesn’t mean you should wait too long to contact a personal injury attorney. The sooner we can investigate your case and negotiate a settlement, the better.
Types of Auto Accident Cases We Handle
Our attorneys know that crashes happen for many reasons, and every case is unique. That’s why they’re equipped to handle many different types of motor vehicle accident cases, including the following:
- Motorcycle accidents
- Truck wrecks
- Bus accidents
- Drunk driving accidents
- Rear-end collisions
- Collisions involving uninsured drivers
Talk to a Car Accident Attorney in Marietta, GA
At John Foy & Associates, we understand that the consequences of a collision can be painful and frustrating. But you don’t have to face this alone. Our car accident lawyers in Marietta, GA, are on call 24/7 to help you understand your rights and get the money you need.
If your accident was caused by the negligence or wrongdoing of another driver, we can help you pursue a settlement or court award. We handle cases on a contingency-fee basis, so you won’t have to pay upfront. Give us a call or fill out the online contact form to schedule your free case evaluation.