Georgia Accident And Lawsuit Attorney Legal Overview
Georgia Accident Lawsuit Lawyer Information
About 1,000 auto accidents occur on the roads of Georgia every day. On June 11, 2012, a tragic accident on Interstate 95 claimed the life of Keith Dixon, former mayor of Kingsland. His father Sammy Dixon met a similar fate when he was the Kingsland mayor in 1982. Two days later, another man was killed and his wife was airlifted to a hospital after the car they were traveling overturned at Cartersville. On June 8th, police arrested a 31-year-old woman from Loganville for failing to abide by traffic rules and vehicular homicide after a two-car accident involving her resulted in the death of an 80-year-old man. In May 2010, former NFL linebacker Nick Rogers died on the spot when the car he was driving hit a roadside pole in College Park. Supermodel Niki Taylor remained under intensive care after suffering from serious liver damage in a car accident in Atlanta in April 2011. The driver lost control of the vehicle as he was answering a call on his cell phone.
Georgia Auto Accident Statistics
- In 2009, 1,284 people were killed in Georgia auto accident fatalities. The rural areas accounted for 659 fatalities.
- According to the Crash Analysis, Statistics and Information Notebook released by Georgia’s Department of Transportation in 2008, on an average 70 vehicles were involved in traffic accidents every hour in Georgia.
- In 2008, there were 342, 534 auto accidents in Georgia, leading to 133,155 and 1,703 deaths. The number of fatalities continues to be over 1,200 every year for the last one decade.
- Passenger cars, including pick-up trucks and SUVs, accounted for the highest number of traffic crashes.
- Almost one in every 4 auto accidents resulted in injuries and fatalities.
- In 2008, on an average 5 people died on the roads every day.
- The state mileage fatality rate stands at 1.2, a sharp drop from 1.53 in 2007.
Georgia Auto Accident: County and Causes
In 2009, about 22 percent of total fatalities are reported from five metropolitan counties around Atlanta. Fulton County accounted for most number of traffic crashes and deaths followed by Dekalb, Gwinnett, Chatham, and Cobb counties.
About 46 percent of Georgia auto accidents in 2009 were due to drivers losing control over their vehicles. These accidents were triggered by over speeding, distractions or use of cell phone during driving, and drunk-driving. Failure to abide by traffic rules and red light jumping led to around 17 percent of all reported accidents. Improper lane change, vehicle failure, road-side objects, and weather conditions also played part in a number of Georgia auto accidents. One in every three accidents in 2009 involved collision between two or more cars.
Common Georgia Accident Injuries
- Death, loss of limb, or permanent disability
- Damage to brain, spinal cord, or other injuries causing severe medical conditions
- Short-term or long-term consequences due to back and neck injuries
- Fractures, burns, scars, and disfigurement
- Any medical condition leading to financial and physical losses
- Psychological distress and trauma
Georgia Accident Claim for Damages, Compensation
A victim of car accident in Georgia can seek following types of damages under the state law.
- Compensation to cover financial losses caused by an accident
- Punitive damages
- Damages to compensate physical suffering due to an accident
- Compensation for hospital expenditure, disability, loss of employment, and damage to property
- Compensation for psychological trauma, emotional distress, and loss of family life.
Georgia Auto Accident Lawyer Claiming Damage
One injured in a traffic accident in Georgia has the option to claim compensation through the following ways:
- Seek damages by filing claim with your own insurance provider
- Ask the insurer of the at-fault driver to pay damages for the injuries suffered
- Establish negligence of the other party and sue the at-fault driver, claiming punitive and compensatory damages
Georgia Personal Injury Lawsuits: The Claim Process and Litigation
- Pre-Litigation Claim: Contact an experienced Georgia accident lawyer ready to fight your case on no-win-no-fee basis and authorize him to pursue your claim for punitive and compensatory damages. The attorney gathers all reports and prepares claim details and notifies the at-fault driver to compensate you.
- Litigation: If the other party contests you claim, you have the option to seek mediation, arbitration, or judicial intervention. A Georgia accident lawyer files civil lawsuit for compensation only after the other party rejects their claims.
- Discovery: Once the accident lawsuit is filed, the case enters the discovery phase, where Georgia accident lawyers representing both parties collect reports from police, hospital, and experts and find out witnesses.
- Intervention and Summary Judgment: If there is no negotiated settlement, your Georgia accident lawyer can ask the court for a summary judgment in your favor or trial of the case. Though it is up to the court to accept your request for summary judgment, the request sets the stage for trial.
- Trial and Judgment: The judge and the jury listen to arguments by both parties and make the decision based on merit of the case, facts, and law of the land.
- Negotiated Settlement: The majority of Georgia car accident cases are settled through negotiation or mediation. Your Georgia accident lawyer can negotiate on your behalf and once the terms are finalized, the court is informed.
Georgia Accident Lawsuit: Statutory Regulations
- According to the state law, all Georgia accident lawsuits seeking compensation not exceeding $15,000 must approach the small claim courts.
- The statute of limitation is two years for a personal injury lawsuit and four years for a claim against property damage. It means one injured in an accident must seek compensation from the other party by filing a civil lawsuit within the stipulated period.
- The statute of limitation is not applicable if the plaintiff is minor. Once he turns 18, he is eligible to file a lawsuit within the prescribed time limit.
- The time limit for insurance claims varies according to the terms and conditions mentioned therein.
- If the claim is against the government, its employees, or vehicles, the plaintiff must notify the authorities about their claims within 90 days of the accident and file the accident lawsuit within 90 to 180 days of receiving the response.
Georgia Accident Insurance
- Georgia follows “at-fault” system and driver liable for an accident pays for the compensation claimed.
- The state law requires all drivers in Georgia to carry insurance coverage with
- minimum $25,000 liability coverage for one person injured or died
- minimum $50,000 liability coverage for one accident
- minimum $25,000 liability coverage to pay for damage to property damaged caused by an accident
- Drivers are exempted from buying coverage for Uninsured or Underinsured Motorist and Personal Injury Protection.
Georgia Seat Belt Law
It is mandatory for drivers in Georgia to wear seat belts.
All front-seat passengers above 18 years must use seat belts. However, those above 18 sitting in the back seat are not required to wear seat belts.
Children above 6 years but less than 17 years must use appropriate seat belts irrespective of their seats.
Children less than 6 year must be fastened to a booster seat or safety seat befitting their age and height.
Georgia Auto Accident Lawsuits
In June 2011, a Troup County court awarded $4 million to victims injured by a car driven by a 77-year-old man. Another case filed by an Atlanta motorcyclist struck by a car in Gwinnett County resulted in $250,000 for the plaintiff. In 2010, a jury awarded $14 million to a family of two boys killed in an accident caused by drunk driving. A 47-year-old man won $125,000 in compensation for severe knee and back injuries he had received in a four-car accident.