You’ve been in a car accident in Atlanta. Now what? Besides tending to any injuries, your mind is racing. How will this affect your job, your life, and your future? Dealing with Atlanta car accident claims can be stressful, but knowing the process is the first step to getting back on your feet.
What to Do After a Car Accident in Atlanta
You’re frazzled, maybe hurt, but every action after an Atlanta car accident affects your claim later. These aren’t just suggestions, they’re building blocks for your case. Although accidents are scary, here’s what you need to remember if you’re ever in one.
Ensure Safety and Call for Help
First, safety is critical. If possible, move your vehicle to a safe location. If there are injuries, or the vehicles are undrivable, get yourself and anyone else involved out of harm’s way. Regardless of the severity, call 911 to report the accident.
Getting the police involved creates an official record of the event. It also ensures that help is on the way.
Gather Evidence: Your Phone is Your Friend
These days everyone has a smartphone, and it’s going to come in handy in this situation. This is where documentation becomes key. Take photos and videos of the accident scene.
Capture the damage to all vehicles, the positions of the vehicles, and any visible injuries on yourself or others. This visual evidence can be crucial when you file your Atlanta car accident claim. If there are any witnesses, gather their contact information.
Exchange Information with the Other Driver(s)
This part is usually unavoidable—you’ll need to speak with the other driver. Be polite but only exchange the basics: names, contact details, and insurance information. Avoid discussing fault, as this is for the insurance companies to decide.
Seek Medical Attention Promptly
Sometimes the adrenaline after a crash might mask injuries. This is why seeking medical help immediately is important. This protects your health and helps support your claim, demonstrating you took your well-being seriously from the start.
Keep records of all doctor visits, treatments, diagnoses, and expenses—they all contribute to proving the extent of your damages. You should visit a medical professional even if you don’t immediately feel like you’ve sustained an injury. According to Mayo Clinic, some car accident injuries can take a long time for their symptoms to show up.
Understanding Georgia’s Fault and Negligence Laws
Now let’s talk about Georgia’s laws and how they will play into your Atlanta car accident claims. Georgia is a “fault” state. This means, in simple terms, the driver at fault is responsible for the damages caused.
Georgia’s “Fault” System and Your Claim
Under Georgia law, to receive compensation, you (or your Atlanta car accident lawyer) have to demonstrate that:
- The other driver had a duty of care (basically, everyone should drive responsibly).
- They breached that duty (by speeding, driving under the influence, etc.).
- That breach directly caused the accident and your injuries.
Shared Fault? Georgia’s Comparative Negligence Rule
However, Georgia follows a modified comparative negligence rule. What does this mean for you? If you’re found partly responsible for the accident—say, 20% at fault—your compensation is reduced by that percentage.
Time is of the Essence: The Statute of Limitations
Georgia’s statute of limitations for a car accident gives you just two years from the accident date to file a lawsuit. That time goes by quickly, so talking to an experienced Atlanta car accident lawyer sooner is crucial. If you or a loved one have been injured, consulting with an attorney immediately can clarify the steps ahead.
The statute of limitations, according to O.C.G.A § 9-3-33, means that waiting past this deadline can make it almost impossible to pursue compensation. An attorney can help you file before the statute expires. They can also gather the necessary information to pursue maximum compensation and help you understand complicated legal processes. You may be entitled to economic damages like lost wages.
Navigating Atlanta Car Accident Claims and Settlements
There are generally two paths in Atlanta car accident claims: working with insurance companies or taking legal action. Most cases are resolved through settlements with insurance. However, having a lawyer by your side helps ensure you’re treated fairly.
Regardless of your path, here’s what to consider:
Working with Insurance Companies After an Atlanta Car Accident
Dealing with insurance companies is often the first hurdle after an Atlanta car accident. They may seem helpful, but their ultimate goal is to minimize payouts. It’s important to understand this dynamic.
Don’t sign anything without fully understanding it or consulting with your attorney. Provide accurate information, stick to the facts, and don’t accept a low settlement that doesn’t fully cover your losses, current or future.
Be mindful that insurance companies may employ certain tactics to try and reduce your payout, like challenging the extent of your injuries or attempting to attribute fault to you. A qualified car accident lawyer can help level the playing field in these situations by negotiating aggressively on your behalf and making sure your rights are protected throughout the process. They will help you receive a fair settlement for things like medical expenses and property damage.
When to Consider Legal Action
While many Atlanta car accident claims are settled out of court, legal action may be necessary in certain situations. If an insurance company disputes liability or if your injuries are severe and you believe you’re entitled to significant compensation, filing a lawsuit might be your best course of action.
A qualified lawyer can guide you on the best path, file the necessary legal documents, and help build a compelling case. Although ninety-five percent of personal injury lawsuits are resolved out of court, a lawyer can advocate for your rights and seek fair treatment either through negotiation or a trial if it comes to it.
Work With Scholle Law If You Are Injured
Experiencing a car accident in Atlanta can be very stressful, but knowing your rights and the steps involved can give you a greater sense of control over the situation. Understanding Georgia’s fault system, acting swiftly to collect evidence, and seeking legal counsel when needed can greatly benefit your Atlanta car accident claim in the long run. Remember, every accident and its circumstances are unique, which is why it is so important to get advice specific to your case to move toward recovery effectively. If you are injured, work with Scholle Law on your case. Scholle is an experienced auto accident lawyer serving the greater Atalanta area.