Cumming Auto Accident Attorneys



Motor vehicle accidents touch the lives of millions of people each year causing excruciating pain, intense emotional distress, and financial obstacles. While there have been vast improvements in vehicle safety that have reduced the risk of suffering permanent debilitating injuries and wrongful death in a collision caused by a careless or reckless driver, tens of thousands of families each year lose someone they love in a fatal car accident. Many other families have someone close to them suffer paralysis, brain damage, loss of a limb, or other injuries that can devastate one’s life. At Montlick and Associates, our experienced Cumming auto accident attorneys understand the hardships that those injured by negligent drivers must endure so we aggressively work to obtain the financial compensation that our clients need to rebuild their lives.

Life-Changing Injuries Caused by Cumming Auto Collisions Despite Safety Improvements

Although the government is spending billions of dollars on road construction, as well as safety planning and maintenance of roads, the alarming rate of car accidents cannot be ignored. While the car accident rate varies between states, Georgia roadways are far from being exceptionally safe. According to accident data, one in every ten drivers in Georgia is involved in a motor vehicle collision. These are not “fender benders” either because one in three of those involved in collisions in Georgia suffers injuries that are classified as major. These major injuries may include broken limbs, traumatic brain injuries, severe trauma to the spinal cord, loss of an extremity, bone crush injuries, punctured lungs, loss of vision or hearing, third degree burns to a substantial percentage of one’s body, and fatalities. These types of injuries can leave a Cumming car accident victim permanently impaired and unable to fully engage in the activities that one participated prior to the accident or to engage in one’s chosen occupation.

If you have suffered this type of devastating harm or loss, our dedicated and compassionate Cumming auto accident attorneys have been providing sound legal advice and successful legal representation to motor vehicle accident victims in Cumming and the surrounding areas since our law firm was founded in 1984. When we are retained to represent an auto collision victim, we take the time to investigate the underlying facts and explain our client’s options and legal rights. We know that many of the clients we see have never worked with an attorney or even seen the inside of a courtroom. Our goal is to explain the process to reduce our clients’ fear and anxiety about the legal process, which can otherwise compound the stress associated with being injured in a Cumming motor vehicle accident.

Causes of Negligence – Basis for Cumming Car Accident Attorneys to File a Legal Claim

Negligence is the basic legal principle at the heart of the majority of car accident claims. While many car accident victims are familiar with this legal term and can even provide examples, most personal injury victims do not understand the precise scope of conduct that the term describes. A basic definition of negligence is the failure to exercise the prudence and care of a reasonable person in similar circumstances that causes foreseeable harm to another. In the context of a Cumming car accident, this may include lack of attention while driving, failure to comply with Georgia traffic safety laws, and engaging in other forms of careless or unsafe driving.

Violations of the Georgia Rules of Road constitute a special case of negligence. The plaintiff in a car accident case has the burden of establishing through admissible evidence that a driver’s conduct did not conform to the standard of a reasonable person. This obligation is eased when it can be established that the other driver committed the violation of a traffic safety law. The legal doctrine of “negligence per se” may be applicable when a driver that causes an accident violates a traffic safety statute. In such a situation, the accident victim only needs to establish that the other driver committed the violation and that the violation caused the plaintiff’s injuries. Because of the important role of traffic safety violations like running red lights, failure to yield, speeding and similar violations, it is important to make sure that when a law enforcement officer interviews you at the scene of the collision you clearly articulate any such violation by the other driver.

There are many types of negligent conduct that may contribute to a serious car accident in Cumming. Though the majority of motor vehicle accidents involve negligence by the other driver, there are other entities, such as public agencies that build roads and motor vehicle manufacturers that build defective vehicles that may also play a substantial role in causing a car accident. Some of the types of negligence we see in the car accident cases that we handle include:

  • Excessive speed
  • Disregarding traffic signals and stop signs
  • Failing to follow at a safe distance
  • Driving while under the influence of drugs or alcohol
  • Texting or talking on a cell phone while driving
  • Reckless driving such as street racing, passing on the shoulder or weaving through traffic
  • Vehicles or components that malfunction because of product defects
  • Roadways that are not safe
  • Driver inattention

What Not To Do When You Are in a Cumming Motor Vehicle Accident

While it is essential to obtain legal representation from a skilled and experienced personal injury attorney, there are actions that you should avoid in the wake of a car accident so that you reduce the risk of compromising your Cumming auto accident claim. Some things to avoid include:

  • Do not discuss the case with anyone other than your attorney. While you may wish to discuss your traumatic experience with friends and family or even post information on a social website, this information may be used against you later by the other driver’s insurance company. Even if you want to tell someone you trust or think that your Facebook page is secure, the insurance company may be able to get access to this information.
  • Do not sign anything provided by the other driver’s insurance company. The other driver’s insurance company may ask you to sign a privacy waiver so that they can access employment, medical, or other information about you. The insurance adjuster may even imply that this is being done because they are trying to put together a settlement offer. The reality is that this is being done so that they can develop evidence that may prevent them from making any offer at all. The best practice is to never sign any document provided by the other driver’s insurance company; rather, you should have the document reviewed by an experienced Cumming personal injury lawyer.
  • Do not provide any statement, recorded or otherwise, to the insurance company of the other party. Insurance adjusters are employed to protect the financial interest of the insurance company so a recorded statement is taken to develop evidence to use against you.

If you have suffered serious injury or you have lost a loved one in a fatal car accident, our experienced Cumming auto accident lawyers may be able to seek out-of-pocket damages like lost wages, medical expenses, and vehicle damage, as well as non-economic damages like pain and suffering, loss of enjoyment of life, mental anguish, loss of companionship and society of a spouse, and other forms of financial compensation depending on the specific circumstances of your case.

If you or someone you love has suffered a serious personal injury or a loved one has died, our experienced Cumming car accident lawyers are committed to representing personal injury and wrongful death victims in obtaining compensation to rebuild their lives and support their families. Call now for a FREE CONSULTATION with Montlick and Associates' experienced Cumming car accident attorneys. Our attorneys are available to help you and may even visit you if needed. You can call us anytime 24/7 at 1-800-LAW-NEED (1-800-529-6333) for a FREE CONSULTATION. Alternatively, you can visit our website at www.montlick.com to make use of our FREE CASE EVALUATION FORM or 24-hour live online chat service.


Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.