Car Accident Attorneys in Morrow, GA – Serving all of GA

The chance of being involved in at least one car accident in your lifetime is high. In fact, 77 percent of drivers have been in at least one car crash. However, while being involved in a minor fender-bender may be a reality for most drivers, being involved in a severe crash that results in serious injuries–or even fatal ones–is less common. When these types of crashes do occur, it’s critical that victims are represented by car accident lawyers who know how to advocate for victims’ rights and recover full and fair compensation. Please reach out to our law firm today for a consultation – we are here to serve you when you need us most!

Causes of Car Accidents

Most car accidents are preventable and occur because one of the parties involved in the accident fails to exercise the requisite degree of care to prevent it from occurring. Common causes of car accidents that we have observed over the years include:

• Speeding or driving too fast for conditions;
• Driving while distracted, including driving while using a hand-held device;
• Driving while under the influence of drugs or alcohol;
• Driving aggressively and under the influence of road rage;
• Failing to follow posted traffic signs or traffic rules, such as signaling before lane-changing, coming to a complete stop, or yielding to oncoming traffic;
• Driving too closely; and
• Failing to check blind spots before lane-changing.

In addition to the acts of driver negligence–which are the most common reason that car crashes occur–other causes of car accidents include dangerous road conditions, improper road signage, and defective auto parts, and 3rd party negligence.

Distracted Driving in Georgia

Distracted driving is illegal in the state of Georgia. In addition, it is considered to be grounds for liability if it leads to a vehicle accident. Therefore, distracted motorists can be held liable for the full cost of a crash if they were distracted when it occurred.

However, the legal definition of distracted driving is distinct from what most people believe. The thought of a “distracted” driver often conjures up images of a motorist holding a mobile device in one hand and staring at the screen, texting behind the wheel. This is certainly one form of distracted driving, but there are various others. In effect, any activity can be considered distracted driving if it takes your focus away from the road.

There are three primary types of distractions that the state of Georgia recognizes:

• Visual Distractions: You take your eyes off the road to view something or someone else in your line of vision.
• Manual Distractions: You are distracted by fidgeting with something or using your hands, including eating when driving or changing radio stations.
• Cognitive Distractions: This occurs when the driver’s attention is diverted by something, even if they are looking ahead and have both hands on the wheel. For example, speaking on a hands-free mobile phone can be considered a cognitive distraction.

What Activities Constitute Distracted Driving in Georgia?

When it comes to distractions, the most common activities we see listed include the following:

• Changing radio stations or fiddling with a music device
• Eating or drinking when behind the wheel
• Texting
• Watching videos
• Speaking to other passengers in the car
• Applying makeup, brushing hair, checking appearance, etc
• Using a paper map, a map application, or a GPS navigation device, even if it is hands-free
• Speaking on a mobile phone or headset

Mobile Phone-Related Accidents

In Georgia, texting when behind the wheel has become such a pressing concern that the state passed the “Hand-Free Georgia Act” in the summer of 2018.

A driver can receive a citation if they are seen operating a cell phone behind the wheel, with some exceptions, such as reporting an emergency or using the GPS. Drivers must be parked to have a phone actively in their hands. Violation of the state’s new cell phone law could lead to a fine of $50 for first-time offenders, $100 for second-time offenders, and $150 for third-time offenders.

Here are some more distressing statistics highlighting the perils of texting while driving:

• One-fifth of the fatalities in distracted driving accidents were pedestrians, cyclists, or other road users outside of a vehicle
• Roughly 9.7 percent of motorists were busy on their devices while driving during daylight hours in 2018
• Engagement with cell phones was responsible for almost 12 percent of the accidents
• There is a four-fold jump in the time drivers spent texting, with their eyes not on the road
• The prospect of a collision or near-collision increases by a whopping 95 percent whenever the driver reaches out for a cell phone while driving

Other Types of Distracted Driving in Georgia

Besides cell phone use, other behaviors can constitute distracted driving. The actions that comprise distracted driving and make a motorist liable in a personal injury case are as follows:

• Adjusting the radio
• Speaking to and looking at passengers
• Eating or drinking
• Grooming such as shaving, using makeup, or simply viewing the mirror
• Using a GPS or reading a map
• Watching a movie or video on the dashboard or overhead movie screen

Establishing Negligence to Hold the At-Fault Motorist Accountable

At times, distracted drivers may feel as though they are not being careless. But the problem is that the behaviors listed above interfere with a motorist’s vision, operation of their vehicle, and focus. It is simply not possible for a distracted motorist to drive in a way that is safe for other drivers, bicycle riders, and pedestrians on the road.

Consequently, a negligence lawsuit for a distracted driver is handled in the same manner as a reckless motorist as the driver violates his duty to preserve the safety of others sharing the road.

Even a seemingly innocuous act, such as changing a radio station, may be sufficient to be found accountable for a car wreck. Many motorists will not admit that they were using their cell phones or indulging in other distracting behaviors behind the wheel.

In such cases, a personal injury lawyer can undertake a thorough investigation to gather evidence such as cell phone records and traffic camera footage to demonstrably prove the driver’s degree of negligence.

New Hands-Free Law in Georgia: Restrictions and Allowances

The Hands-Free Act passed in Georgia is fairly easy to understand when it comes to using a cell phone when operating a vehicle.

Can I keep my cell phone on my lap?

The answer is no, as the Hands-Free Georgia Act specifically addresses this issue. According to the law, when driving a vehicle on any highway in the state, no person shall physically support or hold a wireless telecom device with any area of their body.

What about the use of earpieces?

Yes, it is permissible to use earpieces. But as stated above, you are not allowed to let an electronic communication device touch any part of your person. So, how are earpieces permitted? Only due to an exception provided in the Act.

Is it permissible to type text?

No. The law clearly states that when operating an automobile on any highway in Georgia, no person shall write, read, or send text-based communication.

Am I allowed to send voice text?

Yes, sending voice texts is permitted. The ban on typing text does not apply to voice-based communication.

Does the hands-free rule have any exceptions?

Yes, the hands-free law is not applicable when reporting an emergency or crime if you are an emergency responder and undertaking official duties, or if you are in a lawfully parked vehicle.

Georgia Fault Law: Who Pays for a Car Accident?

In Georgia, tort liability laws hold that a party who causes an accident is responsible for paying for it. This means that if you’ve been in a car accident that you believe was not caused by your own fault, you can pursue a claim for damages directly against the at-fault party and their insurer. In order to do this, you’ll need to prove that the accident would not have occurred but for this party’s negligence. You’ll also need to prove that your own fault didn’t contribute to the crash – if it did, you could face a reduction in the amount of damages recoverable that’s proportional to your degree of fault.

Important Evidence in a Car Accident Claim

When you hire our law firm, one of the first things that we’ll do is open an investigation into your crash. Our job is to gather evidence that proves the fault of the other driver, draws a clear line that connects their fault to your accident, and proves the extent of damages you have suffered. In order to do this, we will gather evidence such as:

Police Report

The police report contains information like when and where the accident happened, how it happened, who were the parties that got injured, who witnessed the accident, and more. While the report cannot be presented as evidence in court (if your case goes to trial), it is certainly possible to use it to your advantage in settlement negotiations and try to obtain a fair amount of compensation from the at-fault party’s insurance company.

Witness Statements

Statements from third parties who witnessed the accident can go a long way in strengthening your claims against the at-fault party in a Georgia car accident case.

Surveillance Camera Footage and Pictures Taken at the Accident Scene

Surveillance camera footage – obtained from retail stores, gas stations, and office buildings adjacent to the accident scene – is an important piece of evidence you can produce to substantiate your version of the accident.

Medical Reports

Your medical reports are undoubtedly the most important piece of evidence you can produce to support your claim.

Medical Bills

Along with your medical reports, you should also present your medical bills to make sure you are compensated for the expenses associated with your medical treatment and care.

Loss of Income

You can present your pay stubs, bank statements, tax returns, and a statement from your employer to prove that you had to take time off work due to your injuries and you could not earn during the time period.

Lost Earning Capacity

If your physical or cognitive disability has affected your earning capacity, you can prove it with the help of expert witnesses who can testify on your behalf. A qualified medical expert can explain how your injuries affect your ability to work and a qualified vocational expert can explain how much income you stand to lose in the long term due to your injuries. Based on their estimate, you can seek an appropriate amount of compensation from the at-fault party.

Property Damage

If your car and other personal belongings were damaged in the accident, you can provide the following evidence to prove the extent of property damage you suffered in the accident.

We know the effect that the right evidence can have on your case. We will work hard to build your case, and we have the resources and staff necessary to support a robust investigation.

Do I Need to Report a Car Accident in Georgia?

Georgia state law requires parties to report an accident immediately to local police if there is an injury, death, or property damage greater than $500. You are also required to provide his/her name, contact information, and license and insurance information to the other parties involved in the accident, and remain at the scene of the accident until all of the above obligations are fulfilled.

It is also recommended to contact your own auto insurance and let them know you have been involved in an auto accident. After being involved in an auto accident:

• Do not make any admissions (of any kind) to the other drivers involved, and
• Remember to take pictures of all property damage to all vehicles involved

Georgia Car Insurance Laws

Georgia’s minimum liability coverage amounts a driver is required to carry are:

• $25,000 for the injury or death of one person (Another driver, a passenger, pedestrian, etc.)
• $50,000 for the injury or death of more than one person in a single accident
• $25,000 for property damage

Please note that if you have the above-mentioned limits, it technically is not considered “full coverage,” it is only the “minimum coverage” required in Georgia. Having additional coverage, such as Uninsured Motorist Coverage, Underinsured Motorist Coverage, and Medical Payments coverage, would constitute “full coverage,” protecting you in case of any scenario.

How a Car Accident Can Change Your Life

Before you even fully realize what’s happening, a car accident may change your life. If your car accident is severe, you may suffer traumatic and catastrophic injuries. These injuries may result in permanent disabilities, psychological injuries like depression and post-traumatic stress, an inability to work, a strain on your personal relationships, and a loss of quality of life.

You will also likely incur hundreds of thousands of dollars in medical bills and may have ongoing medical expenses for things like in-home care, physical therapy, and medication well into the future. In addition, you may suffer lost wages and a loss of earning capacity, loss of benefits and retirement earnings, and many more losses as a result. Of course, if your car is totaled, you’ll also face the costs of repair or getting a new vehicle.

We believe that you deserve to be compensated in full for these extreme losses. Our lawyers will aggressively advocate for a compensation award that addresses your pain and suffering, emotional distress and anguish, property damage costs, medical expenses, lost wages, and any other economic or noneconomic damages you have suffered.

Statute of Limitations on Car Accident Claims in Georgia

In Georgia, you only have so much time after a car accident to file a lawsuit for damages against the at-fault party. If you wait too long, you will be barred from recovery. Even if you are able to file your claim within the statute of limitations, though, it is best to bring forth a claim as soon as possible. This way, the insurance company won’t have cause to deny your case, nor will it be able to argue that your injuries aren’t connected to the accident. What’s more, the sooner that you start the claims process, the fresher that evidence will be, and the easier that it will be to collect. Starting the process early also improves your chances of recovering a settlement amount sooner – something that you surely need.

How Do Car Accident Settlements Work?

The last thing anyone wants is to drag on an accident claim for years and years. This is why most cases settle before going to trial to avoid spending all of that time arguing over a car accident claim. A settlement is an informal wrapping up of a case for a mutually agreeable remedy, at which time the parties drop the pending lawsuit.

What is the Average Car Accident Settlement in Georgia?

This is an impossible question to answer because each case varies in the amount of damages. A minor ding of a car door, for example, will settle for less than an accident involving serious bodily injuries or death.

In order to reach a settlement, the parties and their attorneys will consider:

• All available insurance coverage and potential stacking of coverage for maximum recovery
• Car repairs and property damage
• Medical bills (past and future)
• Pain and suffering
• Lost wages from time away from work
• Any other potential damages, such as loss of intimacy in a marriage, or out-of-pocket expenses
• Any other damages or impact on a victim’s life that may or may not be quantifiable

You Deserve Compensation – Call Our Georgia Car Accident Lawyers Today

When you’ve been in a car accident caused by the negligence of another party, you deserve to be compensated for the accident in full. At Stein & Fox Accident Attorneys, our legal team can provide you with the support and guidance you need. Our Georgia car accident attorneys understand what you’re going through and empathize with your situation.

We know how hard it is to pick up the phone and call a lawyer after being seriously injured or losing a loved one in a crash. We’ll treat you with the respect, dedication, and commitment that you deserve. Please reach out to our law firm online, in person, or by phone at 770-961-1700 today for your free consultation. We work on a contingency fee basis.