GWINNETT CAR ACCIDENT LAWYER

GWINNETT CAR ACCIDENT LAWYER

Perhaps the most common form of personal injury that affects the lives of Gwinnett residents is a car accident. Even the safest drivers and passengers may suffer from severe, life-changing injuries if a negligent party chooses to drive in an unsafe manner.

Drivers who cause accidents can be held responsible for the consequences, and the victims of car accidents have the right to demand compensation needed to make them whole again. This may include providing compensation for any property damage or personal injuries that result from the incident.

A Gwinnett car accident lawyer could help you pursue this compensation. Among other tasks, your personal injury attorney could work with you to gather important evidence, demonstrate that the defendant driver was negligent, and make demands for full compensation both in settlement talks and in court.

CAR ACCIDENTS AND THE LAW

Every driver in Gwinnett and throughout the country assumes a responsibility—or duty—to drive in a safe manner so as to not place other people at an unnecessary risk of harm. This duty extends to drivers of all motor vehicles and applies whenever they operate a car, truck, or motorcycle.

A driver may be found legally negligent if they fail to uphold this duty and another party suffers an injury. This is also known as being “at fault” for an accident. Common ways that drivers may be at fault for an auto wreck include:

A Gwinnett car crash attorney could work with an injured crash victim to gather evidence needed to prove that another driver was responsible for the accident. They could then use this evidence to demonstrate negligence and demand appropriate compensation.

Finally, a knowledgeable lawyer could help ensure that a case does not fail because the plaintiff waited too long to file it. A law called the statute of limitations controls when a Georgia court will hear a case alleging personal injury. According to Official Code of Georgia §9-3-33, this time limit is set at two years from the date of the accident.

WHAT IS COMPARATIVE FAULT?

While there is no such thing as a no-fault accident in Georgia, it is never a given that one party will carry all the responsibility for a collision. Of course, it is a plaintiff’s goal to show that a defendant was the sole liable party. However, state law allows a defendant to argue that an injured plaintiff share some or all of the responsibility.

According to the Official Code of Georgia §51-12-33, courts must use the concept called modified comparative negligence to assign blame for accidents. This means that if a jury believes a plaintiff to be partially at-fault for a collision, that jury must reduce the plaintiff’s award after trial. If this fault rises to 50 percent or more, the jury cannot award any payment. A Georgia car accident attorney could help to defeat allegations of comparative negligence.

HOW COULD A TRAFFIC TICKET IMPACT A CLAIM?

As stated above, some of the ways that defendants may be liable for car crashes are when they violate a rule of the road. Determining whether a responding police officer issues a ticket to the defendant is essential to pursuing an effective claim.

This is because of a concept of law called negligence per se. In short, this means that a civil court in a negligence case can presume a defendant to be liable for a crash if that defendant was breaking a law at the time of the incident. Examples such as speeding, tailgating, and failing to yield could all take advantage of this area of the law. A Gwinnett car crash attorney could help to track a traffic ticket through court to determine if a conviction could help a civil claim for damages.

POTENTIALLY COMPENSABLE EFFECTS OF A CRASH

Any car accident, even one that is seemingly minor, can have a devastating impact on a person’s health. The most immediate concern is usually the physical injury that may result. Even a simple rear-end accident could strain the ligaments in a person’s back or neck and may even separate a hip or shoulder. More severe accidents can break bones, cause concussions, or even result in death.

A car accident claim can always demand payments to cover the costs of past and future medical treatment. However, a comprehensive claim should also examine the full impact of the incident upon the plaintiff’s life.

Many accident victims miss significant time at work while recovering from a crash. Whether this is because they need to miss shifts to attend doctor appointments or the incident has left them with a permanent disability, a civil claim could demand payments for these economic damages.

In addition, a thorough claim should examine the emotional impact of the incident. This may involve demanding payments for physical pain, loss of quality of life, or even a loss of consortium with family members. A car crash lawyer in Gwinnett could help accurately evaluate a potential case and make appropriate demands for compensation.

WHAT TO EXPECT WHEN PURSUING A CLAIM

Obtaining proper compensation following a car crash can be a lengthy and difficult process. Not only does a person need to arrange for their own insurance company to cover medical bills, but they must also protect their legal interests from the defendant’s insurance company.

This requires following a precise process. Plaintiffs must take care to gather the evidence in their case and to not provide incriminating statements to defendant insurance companies. They must also be sure to remain consistent with their story about how the crash occurred and how that crash has affected their day to day lives. Finally, it is essential to approach the negotiating table from a position of strength. A Gwinnett car accident injury claim lawyer could take the lead in pursuing a claim while injured individuals focus on making their best recoveries.

A GWINNETT CAR ACCIDENT ATTORNEY MAY BE ABLE TO HELP

All too often, distracted, impaired, or aggressive driving can lead to a disastrous collision with a car. When the negligence of a motorist or other person led to your injuries, you should not have to shoulder the subsequent costs alone.

If you were injured in a car crash, consider reaching out to a Gwinnett car accident lawyer for help. By enlisting a qualified attorney, you could rest assured knowing that a legal professional is by your side. To schedule a consultation and discuss your claim, call today.