- Can I Still File a Claim if I was Responsible for the Car Accident?
- How Much is My Car Accident Claim Worth?
Car accidents are among the leading causes of unintentional injury in the United States. Numerous studies have analyzed the causes and severity of these events, and the results are shocking.
Key Statistics:
In 2022, around 1,664,598 people were injured in non-fatal accidents while 42,514 people died. This makes motor vehicle accidents the second leading cause of deaths resulting from unintentional injury in the United States. More on Car Accident and Fatality Rate.
The General Services Administration (GSA) estimates that 6.4 million car crashes occur in the U.S. every year.
According to Esurance, 77% of driver surveyed have been involved in at least on an accident.
The average driver is involved in 3-4 accident within their lifetime
Drunk drivers cause about 10,000 motor vehicle deaths each year
The average accident settlement in Georgia is around $23,900.
What Causes Car Accidents?
Motor accidents occur due to a variety of reasons. While some are caused by driver negligence, and others are caused by dangerous weather conditions. An accident can come when least expected. Some common causes include the following:
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- Distracted driving
- Drunk driving
- Drowsy driving
- Excessive speed
- Unsafe road conditions (inclement weather)
- TIP: Freshly fallen leaves quickly turn into a slimy mess when they come into contact with the next morning’s dew. There is a considerable risk of your car sliding.
- Medications that impair your driving ability
Learn more about the various causes of motor vehicle accidents.
Types of Car Accidents
Just like the causes, there are many different types of accidents that can occur on the road. These include:
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- Rear-End Collisions (the most common type)
- T-bone/Side Impact/Broadside Collisions
- Head-On Collisions (the most severe)
- Sideswipe Accidents
- Single-Vehicle Accidents with stationary objects
- Multi-Vehicle Pileups (chain-reaction accidents)
- Rollover Accidents
- Hit-And-Run Accidents
- Pedestrian/Bicycle Accidents
- Parking Lot Accidents
Learn more about the various types of accidents, their particular causes and potential impacts.
What Should you Do After an Car Accident?
- Check for Injuries & Call 911 – Check for injuries and call emergency services. Even with no visual injuries, still call 991 to get a police reports, as this legal document can be essential to your accident claim.
- Move to Safety (if possible) – Move vehicles to a safe spot if it’s safe.
- Exchange Information – Swap names, contact info, insurance details, and license plates.
- Document the Scene – Take photos of the damage, location, and road conditions. Learn More
- Contact Your Insurance – Report the accident to your insurance company. Most insureres have 24/7 hotlines for this purpose.
- Get Medical Attention – Even if you feel okay, get checked by a doctor.
- Save All Records – Keep police reports, medical records, and repair estimates.
If you’re ever uncertain about your rights or responsibilities, or if the accident involved serious injuries or disputes, consider consulting a specialized motor vehicle accident lawyer like 770Goodlaw to help protect your interests.
What is the Deadline for Filing a Car Accident Lawsuit?
In Georgia, if you miss the deadline set by the statue of limitations, you LOSE your right to pursue compensation for your injuries claim.
The general statue of limitations for personal injury claims, which include car accidents, is two years. This means you have two years from the date of the accident to file a lawsuit. Once this time period passes, your case may be dismissed, and you won’t be able to seek compensation.
There are some exceptions:
Claims Against Government Entities: If you’re filing a claim against a government agency, such as a city or the state, the rules are different. You typically have only six months to file a formal notice of claim, so it’s vital to take action immediately.
Wrongful Death Claims: If you’re filing a claim on behalf of a loved one who passed away due to an accident, the statute of limitations is still two years, but the clock starts on the date of death, not the accident date.
Minors and Incapacitated Persons: If the injured party is a minor or mentally incapacitated, the statute of limitations may be “tolled,” or paused, until they reach the age of 18 or regain capacity. In this case, the two-year period would begin when the individual turns 18 or recovers their mental capacity.
Criminal Proceedings: In cases where the accident involved criminal conduct, such as DUI, the statute of limitations may be extended. The clock may pause until the criminal case is resolved.
Timing of filing a case is important. The more time that passes, the harder it can be to gather evidence, locate witnesses and build a strong case. At 770Goodlaw, we advice victims to contact an attorney as soon as possible to ensure the best chances of success.
Can I Still File a Claim if I was Responsible for the Car Accident?
Yes, in many cases, you can still file a claim even if you were partially at fault for an accident, depending on your state’s laws. In comparative negligence states, your compensation may be reduced based on your percentage of fault; for example, if you were 30% at fault, your award would be reduced by 30%. However, in states with modified comparative negligence, you may only recover damages if your fault is below a certain threshold (usually 50% or 51%). Contributory negligence states are more restrictive, as even slight fault (1%) may bar you from recovering damages.
Personal injury protection (PIP) or medical payments coverage can still help with medical costs regardless of fault. Consulting an attorney can clarify how your state’s rules impact your claim.
What Damages Can I Recover if I File a Car Accident Claim?
When filing a claim, you may recover damages for medical expenses, lost wages, and property damage. Compensation can also cover pain and suffering, loss of consortium, and punitive damages for reckless behavior by the at-fault driver. The specific damages available depend on injury severity, fault, and state laws, so consulting a personal injury attorney is essential to maximize your compensation.
How Much is My Car Accident Claim Worth?
The amount a claim is worth depends on a variety of factors. Use this calculator to determine your future claim’s possible settlement.
When Do I Need an Car Accident Attorney?
Whenever an accident occurs, drivers suffer. While some get injured less than others, insurance companies are stringent in giving out compensation. As such, to maximize your profit (compensation) gained, and minimize your losses (medical payments and car repair) after an accident, always call a attorney after any accident.
770Goodlaw Car Accident Lawyers Can Help
Our team of experienced car accident lawyers is ready to help you assess your case and fight for the compensation you deserve. Don’t let the negligence of others dictate your future—let us be your advocate in this challenging time.
