Atlanta Car Crash Attorney
If you suffer injury in a collision with another motor vehicle, you may be overwhelmed by extreme physical pain, emotional distress and financial challenges. While those who are injured or lose a loved one in a Atlanta car crash may be entitled to compensation for their injuries, there are many potential roadblocks that can impair the ability of injury victims to recover fair compensation for their injuries or loss of a loved one. There are strict deadlines for initiating legal action for personal injury or wrongful death arising from a motor vehicle collision in Fayetteville. Insurance companies for the responsible parties also routinely use sharp practices to minimize or avoid liability for their insured’s negligent conduct.
Our experienced Atlanta car crash attorney at Montlick and Associates have been providing aggressive representation of motor vehicle injury victims in Atlanta and throughout Georgia since our law firm was founded in 1984. We understand the difficult challenges that face car accident victims and their families and deliver effective legal services with compassion and commitment. We have built our reputation throughout the state based on proven results for our clients, which have allowed our clients to obtain the monetary recovery they need to seek the fullest recovery and to move past their traumatic accidents.
Successful Navigation of Insurance Company Tricky Tactics
If there is nominal or no property damage to the vehicles in the collision, an insurance adjuster for the other driver may contact you shortly after the collision to offer a settlement. The insurance adjuster may argue that there could not have been any significant injuries because of the lack of property damage. The insurance company adjuster may seem friendly, amicable and even helpful, but it is essential that you are not misled by this amicable approach. The insurance adjuster has a single goal, which is to deny you the compensation that you are entitled to receive. The insurance adjuster knows perfectly well that many times severe permanent injuries occur in low speed collisions, particularly rear-enders. These types of injuries often do not exhibit serious symptoms immediately so the insurance adjuster’s goal is to settle the case before you have an opportunity to obtain medical treatment or legal advice.
When you are involved in a car accident, you should obtain a full diagnostic exam and medical treatment even if you are only experiencing minor symptoms. There are serious risks in delaying your medical evaluation. Some car accident injuries can be made worse by failing to obtain prompt medical treatment. Putting off seeking medical assistance can also compromise your legal claim. The insurance company attorneys may argue that delays in seeking medical treatment constitute evidence that a car accident plaintiff’s injuries are fabricated or exaggerated. If you seek prompt medical treatment, the treating physician may order diagnostic exams like CT scans, MRIs and X-rays, which can be critical evidence of the nature and severity of your injury. An Atlanta car accident victim should not speak to an insurance company representative, provide a recorded statement or sign anything from the other driver’s insurance company before meeting with a personal injury attorney.
Understanding Fault in Atlanta Auto Accident Claims
The overriding legal concept that forms the basis of most auto accident settlements and lawsuits is negligence. Negligence is a legal term of art that in this context refers to the legal obligation of drivers to exercise reasonable care to avoid foreseeable injury to other drivers, passengers, motorcyclists, bicyclists and pedestrians. When a driver’s failure to exercise reasonable care to avoid injuries causes a motor vehicle collision that causes injury to another the driver may be liable for those injuries or any loss of life. While car crashes are referred to as “accidents,” this term is somewhat misleading. Most car accidents are caused by intentional conduct that a driver knows is unreasonably dangerous, such as ignoring speed limits, focusing one’s attention on a cell phone rather than the roadway or drinking and driving.
Although most car accidents are caused by unsafe or distracted drivers, there may be other parties who engage in negligent conduct that causes a car accident. A public entity may fail to summon law enforcement to a dangerous intersection where the stoplight is out despite multiple reports of the potential hazard. Similarly, a public entity may design a road with poor road surfacing that causes the road to become slick in extreme temperatures or when the roadway is wet or icy. If a public entity does not design a safe roadway or fails to respond to hazards that create an unreasonable risk of harm, the public entity may be liable, but special rules and deadlines apply.
Some of the most common factors that play a role in Atlanta car accidents include the following:
- Drivers that operate their motor vehicle at an unsafe speed
- Aggressive driving including tailgating, street racing, weaving through traffic
- Operation of motor vehicles while impaired by drugs or alcohol
- Driving while dividing one’s attention between driving and other activities (distracted driving)
- Failing to check to make sure it is safe before passing or otherwise unsafe passing
- Illegal turns including violating traffic laws and right-of-way when making U-turns or left turns
- Fatigued or drowsy driving
- Unsafe operation of a tractor-trailer
- Roadways that are unsafe in their design or construction
- Defective automobiles
- Failure to adjust driving behavior to meet road and traffic conditions
Compensation for Injuries in Atlanta Motor Vehicle Accident Claims
A severe car crash can be a major disruption to your life and cause enormous physical, mental and financial problems. Severe injuries can adversely impact your quality of life and result in long-term financial challenges for injury victims and their families. Significant auto accidents can result in permanent injuries including disc injuries, spinal cord injuries, amputation of limbs, massive burn injuries, traumatic brain injuries and other serious permanent injuries. A broken bone or fracture also can result in significant medical bills and a prolonged period of time off work so financial recovery is essential to continue to provide for the financial needs of you and your family.
When you are injured in a serious car accident, you may seek a broad range of types of financial compensation including the following:
- Expenses from medical treatment
- Reimbursement for lost wages, salary or commission
- Compensation for impairment of future earning potential (permanent disability)
- Pain and suffering
- Impact on one’s quality of life
- Loss of consortium (harm to one’s marital relationship)
- Burial/Funeral costs for fatal car accidents
- Punitive damages (egregious cases e.g. street racing in a school zone, driving while impaired by drugs)
Know your legal rights! If you or someone you love has been injured in a car accident, an experienced Atlanta car crash attorney at Montlick and Associates are committed to seeking the best possible outcome for our clients. We encourage you to schedule a free consultation because there is absolutely no obligation for us to evaluate your car accident claim. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.