Atlanta, Georgia Car Accident Attorneys

It is often said that the most dangerous weapon a person can own is his or her vehicle. High speeds, irresponsible drivers and risky road conditions can all combine to make car, truck and motorcycle accidents a significant cause of injury in the United States. And for those who suffer these types of injuries, their lives can be turned upside down.

Addressing Every Detail That Matters to You After A Car Accident

At Bailey, Javins & Carter, L.C., your safety and security is our primary concern. That is why when your future is in jeopardy because of someone else’s negligence, causing a personal injury to you or a loved one, we will be here to stand up for you. With more than 40 years of experience and a proven record of success in recovering compensation, we are the firm Georgia injury victims can rely on to fight hard for every dollar of compensation they deserve.

We know that car accidents are not always simple and straightforward, and insurance companies will do everything they can get away with to muddy the waters and diminish the value of your claim. We are not intimidated by large insurers and their vast resources, and we know what it takes to successfully thwart their tactics and secure the most favorable outcome possible on behalf of our clients.

When you have been in a motor vehicle accident, your primary concern should always be about your health and physical recovery. Make sure to get the medical care you need. Beyond this, however, there are many unanswered questions related to an injury victim’s financial situation and daily living needs. These may include:

• How will you get to work or pick up your kids when the property damage to your vehicle makes it impossible to drive?

• How can you pay your bills while you are unable to work because of your injury?

• What do you do if you are not getting answers from your insurance company, or worse, your health care provider?

We understand that this accident is an uncommon event for you. We, on the other hand, are intimately familiar with the injury claims process and have handled a wide range of typical and atypical cases, such as those that involve product defects (as in a GM recall) or large freight companies (as in railroad crossing accidents). Our focus will always be on you and your individual needs as we find a solution together.

What Causes Car Accidents?

There are a number of different factors that may contribute to an auto accident, and most of them are preventable. While uncontrollable circumstances such as inclement weather do sometimes play a role, most accidents are caused by some form of negligence.

Some of the most common reasons motor vehicle accidents happen include:

• Aggressive/Reckless Driving: A large number of auto accidents are caused by motorists who drive aggressively, and in some cases, recklessly. Examples include speeding or driving too fast for conditions, running stop signs or stop lights, tailgating, failure to yield the right-of-way, and dangerous passing maneuvers.

• Distracted Driving: In today’s increasingly digitized society, motorists have more distractions than ever before. Cell phone activity is among the most dangerous forms of distracted driving. Sending or receiving texts and other electronic messages distracts motorists visually, manually, and cognitively, taking their focus completely off of the road.

• Drowsy Driving: An alarmingly high number of motorists drive when they are drowsy and fatigued. In fact, according to the Centers for Disease Control (CDC), approximately one out of every 25 drivers report having fallen asleep at the wheel within the past 30 days. Drowsy driving is especially common among commercial truck drivers, who often stay on the road much longer than it is safe to in order to keep unrealistic schedules and deliver their loads on time.

• Drunk Driving: Despite decades of public awareness campaigns by organizations such as Mothers Against Drunk Driving (MADD), far too many drivers still make the horrible and often fateful decision to get behind the wheel after having too much to drink.

• Motor Vehicle Defects: Some auto accidents are caused by faulty vehicles or vehicle parts that malfunction in the wrong place and at the wrong time. Examples may include brake failures, computer dashboard malfunctions, and tire blowouts. When an accident is caused by a motor vehicle defect, the injured party may be able to file a product liability claim against the designer, manufacturer, and/or distributor of the faulty product.

Of these reasons, drowsy driving is possibly one taken the least seriously, but it is a real problem. The risk of a multi-car accident increases when at least one drowsy driver is involved. A drowsy driver may drift off, cross their lane, and strike another car. In extreme circumstances, they may fall asleep, cross the median, and cause a head-on crash. These accidents often lead to serious or fatal injuries.

How Fatigued Driving Affects the Brain

Driving while fatigued can affect nearly every part of your brain. Some of the effects of drowsy driving include:

• Poor decision-making skills. When you see an obstacle and have to decide whether to brake or swerve, you have a second to decide. You are at greater risk of making the wrong decision if you are tired.
• Limited coordination. Coordination suffers greatly when you are tired. This can make the actual physical tasks of driving, such as steering, braking, and accelerating, more challenging.
• Inability to concentrate or pay attention. Paying attention is a crucial part of safe driving. When you are fatigued, you may struggle to concentrate on the road ahead of you or concentrate on potential obstacles.
• Slower reaction time. Reacting quickly to changes in traffic conditions is important. You’ll struggle to do that when you are fatigued.
• Weaker judgment. Making the right decision can mean the difference between a near-miss and a fatal accident. Your judgment may suffer when you are tired.

Filing a Car Accident Claim in Georgia

When someone is injured in an auto accident, they deserve to be fully and fairly compensated for all of their losses. These are commonly referred to as “damages”. Compensatory damages can be divided into two general categories:

• Economic Damages: These are direct monetary losses incurred by the victim, such as medical bills, lost wages, loss of future earnings (in the case of a long-term debilitating injury), property damage, and funeral and burial costs (in the case of a wrongful death).

• Non economic Damages: These are losses that are more intangible and difficult to quantify. Examples include pain-and-suffering, emotional distress, diminished quality of life, disfigurement, and permanent disability.

In rare cases in which the actions of the party responsible for your injuries were especially egregious, punitive damages may be available. Also known as exemplary damages, punitive damages are meant to “punish” the wrongdoer and help deter them (and others) from engaging in similar behaviors in the future. In Georgia, punitive damages are capped at $250,000.

Georgia Comparative Fault Laws

It is important to understand that if you are found to be partially responsible for the accident that caused your injuries, your compensation will be lowered in keeping with Georgia’s modified comparative negligence law. Under this law, your damage award is reduced in proportion to the percentage of fault you share in the accident.

For example, if your total losses were $200,000 and you were found to be 20% at fault, your damages would be reduced by $40,000. In addition, if you are found to be 50% or more at fault for the accident, you can be barred from recovering any compensation at all. You can be sure that the other side will try to use these laws against you, and this is why it is extremely important to work with an experienced lawyer who is looking out for your best interests.

Here are five important steps to take after a car accident in Atlanta:

1. Make Sure Everyone Is Okay

The first priority is to ensure that anyone who has been injured in the accident (including yourself) gets immediate medical treatment. Even if you feel just a little shook up and don’t have any immediate pain, you should still call 911 and bring an ambulance to the scene. Some injuries are not felt right away because of the adrenaline rush you experience from the trauma of the accident. But these injuries can turn out to be more severe in some cases – for example, internal injuries that sometimes become life-threatening. For this reason, it is best for everyone to get checked out just to be safe.

2. Call the Police to the Scene

When you call 911, they may contact the police for you. Otherwise, call the police directly and have them come to the scene. The police will help secure the area and regulate traffic while everything gets sorted out. They will also produce an official report that documents how the accident happened. The police report will be relied on heavily during the legal claim that follows in order to determine fault.

3. Document the Accident

Although the police will produce a report, you should also document the events that caused the accident for your own protection. Take multiple photographs of the accident scene from as many angles as possible so you can show how the collision occurred and the damage done to the vehicles. And if you happen to have a dashboard video camera rolling, be sure to capture the footage.

Create a detailed report about what happened while the events are still fresh in your mind. If you are not able to write everything down, use the audio recorder on your smartphone. Finally, obtain statements from any individuals nearby who witnessed the accident. Oftentimes, witnesses will allow you to record a video or audio statement, and it is best to do it right away while everyone is there at the scene.

4. Be Careful What You Say about the Accident

While interacting with the other driver(s), police, witnesses, and anyone else at the scene, be calm and courteous, but do NOT admit fault for the accident. For some people, it is in their nature to want to apologize even if they did not do anything wrong. But keep in mind that what you say about the accident can be used against you later on. It is best not to comment on who was at fault for the crash – leave that to the experts to sort out.

Along the same lines, it is also best not to comment about the accident on Facebook or any other social media platform. Insurance investigators spend a lot of time combing through social media profiles to find anything they can use against a claimant. This could be something that is said about the accident, something one of your friends says about the accident, a photo of you having fun on vacation when you are claiming to have suffered emotional distress, and a number of other things. To be safe, DO NOT POST ANYTHING ONLINE while your accident injury claim is ongoing, and ask your family and friends not to comment on your accident or tag you in any photos that they post.

5. Contact an Experienced Atlanta Car Accident Lawyer

Within a short time after getting hurt in an auto accident, it is not uncommon for an insurance adjuster or another insurance company representative to contact you to discuss what happened. They might seem real friendly and act like they are on your side, but it is very important to realize that their goal is to pay out as little as possible for your accident injury claim, so their interests are not aligned with yours.

Contact an Attorney to Advocate for You

At Bailey, Javins & Carter, L.C., we understand that being injured in a motor vehicle accident can take a major physical, emotional, and financial toll on victims and their families, and we are here to provide strong legal guidance and moral support during this difficult time. We take care of your claim from start to finish, and we handle all of the complex legal tasks, so you can focus on recovering from your injuries and getting your life back on track.

Contact our office in Atlanta, Georgia at 678-981-5370 or message us online to schedule a free consultation and case assessment with a member of our legal team. We handle cases on a contingency fee basis, which means you pay no legal fees until a compensation package is successfully recovered on your behalf.