Being involved in a car accident can cause overwhelming stress, anxiety, and fear. You may have questions regarding liability if a motorist pulled out in front of you, and you struck them with your automobile.
Do not get paralyzed by fear and anxiety about the legal process. A car accident lawyer in Atlanta is equipped to answer questions regarding liability, damages, and the legal process of filing a claim for damages.
Modified Comparative Negligence in the State of Georgia
The State of Georgia adheres to modified comparative negligence. When two individuals are involved in a car accident, it may be possible that both drivers were partially responsible for the accident.
Other states are pure comparative negligence states, and in these states, an injured party can still recover damages even if they are 99% liable for the automobile accident. Georgia is a modified comparative negligence state, and this means that parties who are 50% or more at fault for causing an automobile accident cannot recover any damages. To recover damages in an accident in which you suffered injuries, you can only recover damages if you were 49% at fault or less.
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Seeking Damages if the Other Driver Was Responsible for Causing the Car Accident
It can be difficult to stand up to insurance companies who will claim you were 100% responsible for causing a car accident. Retaining a car accident attorney in Atlanta can help you gather the evidence you need to substantiate your legal claims and establish the liability of the other driver.
You can seek financial compensation for your injuries, and you can seek the following types of damages:
- Medical bills
- Lost earnings
- Property damage
- Automobile repair bills
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
The conditions that give rise to car accidents are complex. If you want to establish that the other driver was responsible for causing the car accident, then you need to collect evidence related to the types of damages listed above.
Establishing Liability When Two or More Automobiles Are Involved in an Accident
A driver may suddenly pull out in front of you and leave you with no time to react. Many individuals may suffer injuries during a single automobile accident. The facts and circumstances of every automobile accident are unique. Therefore, it can take time and resources to determine which party was liable for the accident.
It is possible that the driver who pulled out in front of you was 100% liable for the accident. However, it is also a possibility that you will be found partially responsible for causing the automobile accident.
You may have struck another car from behind because the driver slammed on their brakes suddenly. In this case, you will need to prove that you had no time to stop or respond to the actions of the driver in front of you. Expert witnesses such as accident reconstruction experts are often retained to prove that one party was liable for causing the automobile accident.
Insurance Companies and Assigning Liability Regarding Automobile Accidents
Insurance companies and insurance claim adjusters will conduct a full investigation of the automobile accident. Representatives of the insurance company will gather evidence, interview witnesses, and analyze the possible causes of the automobile accident. Typically, insurance companies will make a determination of fault to guide them on paying out insurance claims.
The determination of fault made by the insurance company is not final. You can assert your legal claims by initiating a civil lawsuit. The insurance company does not have the final word regarding liability; a personal injury lawyer can help you understand the legal options available to you regarding your automobile accident claims.
Law Enforcement Officers and Traffic Collision Reports
Law enforcement officers responding to an automobile accident will create a traffic collision report documenting the potential cause of the accident. Officers will make a determination of cause and include this on the traffic collision report. The determination of cause on the traffic collision report is not final, but it is useful in your case if the officer determines that the other party was at fault for the accident.
A car accident lawyer will help you collect all the documentary evidence you need to substantiate your legal claims. The records related to an automobile accident case can be voluminous, and it is possible for these records to add up to thousands of pages. Retaining an experienced personal injury lawyer can help you recover from your injuries while your legal representative analyzes and organizes all the records related to your case.
When Will a Driver Who Pulled Out in Front of Me Be at Fault for a Car Accident?
The following circumstances are those in which the other driver may be at fault for a car accident:
- Texting while driving
- Pulling out in front of you and applying their brakes
- Cutting you off in traffic due to road rage
- Not yielding to oncoming traffic
- Passing through a red light
- Pulling into traffic when it is not safe
- Distracted driving
- Driving while intoxicated
- Not using a turning signal
Drivers who engage in the behaviors listed above, especially driving while intoxicated, are often found to be liable for car accidents in which they are involved. Speaking with a personal injury lawyer will help you determine how the facts of your case and the law interact. You have the legal right to seek monetary compensation for your injuries.
Collecting Evidence to Substantiate Your Legal Claims
Parties to civil lawsuits must set forth evidence substantiating their legal claims and defenses. In automobile accident cases, medical records and medical bills are essential to establishing liability for your injuries. Traffic collision reports and witness statements are also relevant to your legal claims.
If you can take photographs or videos of the accident scene, then you should do so as soon as possible. A doctor may have recommended that you receive specific surgeries or medical procedures. You should seek medical care for these procedures immediately; if you cannot afford to pay for the surgeries or procedures, then you can speak to a personal injury lawyer about seeing doctors who treat you on a lien basis.
Contact John Foy & Associates Today to Schedule a Free Consultation
Contact John Foy & Associates today if you want to learn more about seeking financial compensation for your injuries. Dealing with the aftermath of an automobile accident can be emotionally overwhelming. You may have financial insecurity, physical rehabilitation, and psychological distress; retaining a personal injury lawyer can provide you with the help you need while you heal from your injuries.