Too many drivers don’t take the time to learn about what to do in a car accident until they’ve experienced a collision themselves. By then, they may have already missed taking certain steps that can help them maximize their claim. However, drivers who are prepared and proactive can still take action to prevent further losses after a crash.
In this blog post, we’ll walk through some basic ways drivers can protect themselves before, during, and after a car accident. Be aware: No two car crashes are alike. If you’re looking for guidance after a Georgia car crash, the best person to answer your questions is a personal injury lawyer.
How Can I Protect Myself Before a Car Accident in Georgia?
No matter how careful you are behind the wheel, it’s impossible to completely avoid the risk of accidents on the road. However, there are still steps you can take to be prepared.
For one, you should always have your driver’s license when you’re on the road. In addition to a copy of your insurance and registration, it’s also a good idea to keep emergency supplies in your car: e.g., flares, orange cones, blankets, and flashlights. Check your hazard lights regularly to make sure they work.
It’s also important to ensure your insurance coverage is up-to-date. You should also consider getting uninsured/underinsured motorist insurance, which can protect you in case another driver’s coverage isn’t enough to cover the damages they cause.
What Should I Do After a Georgia Car Wreck?
After a crash, the first and most important thing to do is get help for anyone hurt. Even if you think someone else has already called 911, do it yourself to make sure. Having trained medical professionals on the scene can be the difference between life and death in some cases.
After getting anyone injured to safety, other important things to do at the scene of the crash include:
- Exchange contact and insurance information with other drivers;
- Taking pictures of the crash scene, including any vehicle damage, injuries, and road conditions that impacted the accident;
- Call a tow truck; and
- Collecting names and phone numbers of any witnesses.
How you practically respond to the scene of an accident depends on the type of crash and how many people are involved.
However, no matter the situation, it’s generally a good idea to see a doctor as soon as possible after you’ve been in a crash. Even if the accident was minor, you’re still at risk of serious injuries that might not show up immediately, like whiplash. And if you want to seek compensation for any damage, you’ll need documentation from a medical professional that your injuries were caused by the crash.
It’s also wise to get in touch with a legal professional to help you understand your rights after an accident. The sooner you contact a lawyer, the greater chance you will have to obtain all the compensation you deserve.
Who Pays for a Car Accident in Georgia?
Under Georgia law, the person at fault in the crash is responsible for paying for the other party’s damages. All drivers in Georgia are required to carry liability insurance to pay for potential accidents on the road. If another driver caused your accident, then you’ll likely file a claim with their insurance company to get compensation for your losses.
Georgia law takes into account comparative fault. This means that if you are partially responsible for the accident, the damages you are entitled to will be reduced proportionate to your share of fault. But keep in mind that if you are 50% or more at fault for the accident, you will not be able to recover any compensation from the other party.
For example, imagine you get into a fender-bender that caused you $20,000 in damages. If you were 25% at fault in the accident, you could recover only $15,000 in damages from the other party.
How Do I Prove Fault in a Car Wreck in Georgia?
When you file a claim with an insurance company, they investigate the circumstances around the accident and decide who’s at fault. To show that you’re not to blame, you need to have evidence that another driver’s action or inaction caused the crash.
Here are some common forms of evidence that can help prove fault:
- Photos or videos from the scene of the crash;
- Statements from neutral eyewitnesses;
- A police report;,
- Phone records (can show if a driver was distracted); and
- Dashboard or traffic camera footage.
Evidence-gathering is another good reason for getting a medical exam after a crash. The type and severity of certain injuries can also shed light on what caused an accident.
What Compensation Can I Get in a Car Accident Claim?
In legal terms, the compensation available for drivers involved in car accidents is called “damages.” Damages are generally separated into two different types: economic and noneconomic.
Economic damages are the financial costs associated with the impact of the accident. These can include:
- Hospital bills;
- Cost of rehab or medication;
- Property damage;
- Vehicle repairs; and
- Lost wages.
Noneconomic damages are awarded for losses that are intangible and therefore more difficult to calculate. This includes:
- Pain and suffering,
- Emotional distress,
- Loss of enjoyment of life, and
- Disability.
The amount of damages available in your case often depends on how seriously you’ve been hurt. Generally, severe injuries that require long-term medical treatment call for higher compensation claims.
In some cases, especially those involving drunk/drugged driving and/or hit and run, you may be able to recover punitive, or exemplary damages. Basically, this is extra money awarded to punish and deter the offending driver from acting in such an irresponsible way in the future.
Do I Need a Lawyer for a Car Wreck in Georgia?
Not all car accidents require legal advice. If you’re in a minor collision with only vehicle damage, you and the other driver can usually work things out with your insurance companies.
However, even minor accidents are often more complicated than they seem. Another driver may downplay their responsibility or deny they’re at fault at all. If you were injured and are still undergoing medical treatment, an insurance company’s assessment may not accurately capture the economic and personal losses you’ve suffered.
In situations like these, it’s a good idea to have a professional on your side. An attorney can:
- Interview witnesses and gather physical evidence to demonstrate fault;
- Manage the paperwork involved in claims;
- Consult with your doctors and other experts to prove the severity of your injuries;
- Communicate with insurance companies on your behalf;
- Challenge another driver’s claim that you’re to blame; and
- Negotiate with insurers to ensure you’re getting a fair settlement for damages.
An attorney can also represent you if you choose to sue in civil court. In Georgia, crash victims have only two years to file a lawsuit to recover damages for injuries they suffered in an accident.
For that reason, it’s a good idea to reach out to a lawyer as soon as possible after a crash. The longer you wait, the higher the risk of losing out on evidence that’s important to your case.
Even if you don’t think you want to sue, it’s important to consult with an attorney before accepting a settlement from an insurer. Insurance companies often prefer to settle car accident cases as quickly and cheaply as possible. But an initial settlement offer rarely takes into account all the damages you’re owed. Once you accept it, you lose your right to sue in the future.
Consult with a Legal Professional Today
Nothing can reverse the physical and psychological shock of a car accident. However, victims who can receive compensation through the support of a Georgia car crash attorney are in a better position to regain financial stability and take a step on the road toward recovery.Attorney Alfred Evans of Evans Litigation and Trial Law, LLC, has almost 24 years of experience in the courtroom, and he is committed to helping the people of Georgia get back on their feet after the devastation of a motor vehicle accident. Alfred has many years of experience defending insurance companies, so he has a deep understanding of the claims process and the tactics insurance companies use to avoid paying out claims. He uses that knowledge to help achieve positive outcomes for accident victims. Reach out to our office by phone or online today to learn more about how we can help you.
Looking for more legal advice?
Check out our other blogs for additional tips and resources!
- What to Do When an At-Fault Driver Wants to Pay Out of Pocket
- Pain and Suffering Settlement Examples
- Average Settlement for a Commercial Vehicle Accident
Alfred L. Evans III, an Atlanta native and Hampden-Sydney College alum, is a seasoned personal injury lawyer with a unique background in insurance defense. Founding Evans Litigation and Trial Law in 2013, he specializes in wrongful death litigation, trucking litigation, and various vehicle accident cases. Recognized as a Super Lawyer and a “Rising Star” by Superlawyers, Alfred applies his in-depth knowledge of the insurance and trucking industries to maximize client recoveries.
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