Side-impact collisions often seem to come out of nowhere in Johns Creek. One second, you’re driving carefully to your destination; the next, another driver has collided into the side of your vehicle. If this describes the situation of you or a loved one, we urge you to speak with a Johns Creek side-impact collision lawyer as soon as you can.
At John Foy & Associates, we can help. With over 20 years of experience working personal injury cases like these, we know what it takes to fight for you and win. To learn more about your legal options, call us at (404) 404-4000 or contact us online to get a FREE consultation.
How Liability Works in Side-Impact Collisions
Side-impact crashes occur when one vehicle collides into the side of another vehicle. These accidents are sometimes also known as T-bone crashes. After the accident in Johns Creek, the legalities will depend on who was at fault:
- Every driver in Georgia has a duty to exercise ordinary diligence, which is how “ordinarily prudent persons under the same or similar circumstances” would act (Georgia Code § 51-1-2).
- A lack of ordinary diligence is known as negligence, which is the basis of any personal injury case.
- If a driver’s negligence directly causes a side-impact collision, that driver is legally liable for the damages from the accident.
- If you were the victim of a side-impact collision, you are likely entitled to financial compensation for your costs.
In some situations, more than one party is at fault for an accident. In that case, Georgia’s comparative negligence laws would apply. Under Georgia Code § 51-12-33, a plaintiff (the person bringing the claim or lawsuit) can pursue damages as long as they are not 50% or more at fault for the injury or damages.
If you are found to be partially at fault for an accident, you may still be able to recover damages. Your damages would simply be reduced based on your percentage of fault (as long as it is less than 50%). So, even if you are worried about being partly responsible for the accident, speak with an experienced side-impact collisions lawyer before coming to any conclusions.
Filing a Claim for Your Damages
If you were the victim of a side-impact collision, you have the right to file a personal injury claim against the at-fault driver. Through this claim, you will need to show that:
- The other driver owed you a duty of care (as we covered above);
- The driver breached their duty of care; and
- The breached duty led to your accident and injuries.
Your lawyer can help you file the personal injury claim with the at-fault driver’s insurance company. This is where things can get complicated.
Insurance companies, unfortunately, care most about their bottom line. They routinely look for ways to reduce the value of claims made against them, which includes using tactics like blaming the victim for the accident, downplaying their injuries, or intimidating them into accepting a lower settlement.
A Johns Creek side-impact collisions lawyer can protect you throughout the process. They can communicate with the insurer for you and negotiate with them if they try to lowball your settlement. Plus, most injury lawyers (like John Foy & Associates) do not charge a fee unless they win you money, so there is no risk to you in working with them.
Why Side-Impact Collisions Happen in Johns Creek
Side-impact accidents can happen at any time, but some of the most common causes include:
- Drunk driving
- Excessive speeding
- Reckless driving
- Aggressive driving
- Distracted driving
- Drowsy driving
Any of these forms of negligent driving can lead to poor decisions on the road. A lot of side-impact collisions occur at intersections when one driver fails to stop or yield the right of way. As a law-abiding driver moves into the middle of the intersection to cross, the negligent driver can crash into the side of the first driver’s vehicle.
An experienced lawyer can help you investigate the accident and determine exactly what led to the crash. For example, the at-fault driver might have failed to see the red light because they were texting and driving. Or, maybe they were impaired by drugs or alcohol and were not able to react quickly enough to stop.
Once you know how and why the accident happened, you can begin building your personal injury claim to seek the recovery you deserve. Your lawyer can assist you with every step of the process.
Damages You Can Seek After a Side-Impact Crash in Johns Creek
The at-fault driver in an accident is legally liable for all damages from that accident. Those damages can include the following.
Special damages can include:
- Medical costs
- Lost wages
- Income replacement
- Vehicle repairs
These are losses that have a clear dollar amount resulting from the accident. They are fairly easy to demonstrate through documentation like medical bills, pay stubs, and receipts.
Unlike special damages, general damages refer to losses that cannot be demonstrated through a dollar amount. Examples of general damages include:
- Physical pain and suffering
- Emotional pain and suffering
- Mental anguish
- Disfigurement or scarring
- Loss of enjoyment of life
- Loss of companionship
It’s important to speak with your lawyer about all of your damages, but especially your general damages, as soon as possible. They will know how to best represent what you’ve lost and calculate exactly what your damages are worth.
Wrongful Death Damages
If a loved one was killed in a side-impact collision, you might be able to file a wrongful death claim on their behalf. Wrongful death claims can seek compensation for damages like medical costs, lost wages, pain and suffering, funeral costs, and burial costs. A side-impact collision lawyer can let you know if you are eligible to bring this type of claim.
Speak to a Johns Creek Side-Impact Collisions Lawyer (at No Cost) Today
After a side-impact collision in Johns Creek, you typically have two years from the date of the accident to file your case. This time goes quickly, so it’s best to reach out to a trusted lawyer right away.
At John Foy & Associates, we can help you get started, beginning with a FREE, no-risk consultation. We also do not charge a fee unless we win your case for you. Call (404) 400-4000 or contact us online to get started for FREE today.