Atlanta Auto Accident Injury Lawyers
When you seek advice from a Atlanta Auto Accident Injury Lawyers at Montlick and Associates, our attorneys have the experience and knowledgeable to analyze the facts of our clients cases, including the law enforcement accident report, witness statements, medical records and other evidence so that we can determine the appropriate legal theories of fault and potential damages. All drivers in Georgia are required to carry liability insurance so you may well being dealing with an insurance adjuster if you are involved in a car accident. Insurance companies can be extremely difficult to deal with, and their financial interests are in direct opposition to an auto accident claimant.
Police should always be summoned to a car accident if you have suffered injuries no matter how minor so that an investigation can be conducted to determine the specific conduct of the other driver that caused the collision and your injuries. A driver who is not paying attention, driving in a careless manner, or driving in a fashion that exhibits indifference to the safety of others will likely be at-fault in a car accident. The legal basis for most car accident claims is negligence, which also requires that you establish that the poor driving of the other driver caused your injuries. Insurance companies are quite adept at developing theories that shift the blame for a car accident to the injury victim so it is important to put the experience of a proven car accident attorney on your side.
Explaining Negligent Driving and Negligence Per Se in Atlanta Car Accident Cases
Negligence as a legal theory refers to an act or omission that poses an unreasonable risk of foreseeable harm to others. There are many examples of negligence that cause motor vehicle collisions, including not concentrating on one's driving, operating a vehicle when tired or intoxicated, disregarding traffic signals, and other unsafe forms of driving conduct. Depending on your case, any of these forms of unsafe driving may be a basis for a court to impose liability on the other driver.
"Negligence per se" is a legal doctrine that imposes strict liability under certain conditions when a driver or other party violates a safety statute or regulation. In the context of a Georgia motor vehicle accident, negligence per se may be a legitimate basis for imposing strict liability on the driver of a passenger vehicle that violates the Georgia Rules of the Road, or a commercial truck driver who violates safety regulations promulgated by the Federal Motor Carrier Safety Administration (FMCSA) or other federal or state governmental entity. If a driver who is texting on a cell phone blows through a red light and T-bones another vehicle, the driver's failure to stop at the light may be the basis for imposing strict liability, which means the violation constitutes negligence. It is important to keep in mind that even in this situation you must still prove that the driver's negligence caused your injuries.
Every car accident is different so it is difficult to determine fault in any particular collision without understanding the facts and details involved in the collision. While there are no hard and fast rules about which driver can be presumed to be the negligent driver in a collision, some situations where it is more likely that a particular driver is negligent include:
- Rear End Collisions: Generally speaking, the driver that rear-ends another vehicle will be liable because drivers are always supposed to travel at a safe speed and allow adequate following distance so that they can stop their vehicle and avoid a collision.
- Left Turn Car Accidents: When a driver proceeding through an intersection makes a left turn into another vehicle that is proceeding straight through an intersection, the driver turning left will usually though not always be at-fault. Exceptions to this general rule might involve the driver proceeding straight speeding or running a red light.
If you are involved in a motor vehicle accident in , you should immediately call 9-1-1 so that the police will come to the scene of the accident. The officer will interview the occupants of each vehicle involved in the crash, as well as any witnesses who were at the scene. The officer will also make note of any other pertinent details in his or her report. When you speak with the officer, you should indicate what negligent driving conduct by the other driver caused the collision. Common causes of car accidents that may be the basis for fault include:
- Driving at an unsafe rate of speed
- Talking or texting on a mobile phone while driving
- Following too closely
- Distracted driving
- Failure to yield or obey stoplights/signs
- DUI/DWI (drunk driving)
- Making an improper turn
- Driving too quickly in wet or foggy conditions
- Traveling in the wrong direction
Other factors that can contribute to an accident and cause serious injuries may include vehicle defects, poorly marked construction zones, and traffic signs that are partially or completely obscured. Our Atlanta auto accident injury lawyers have extensive experience investigating the facts surrounding car accidents so that we can determine the best possible strategy for obtaining the compensation our clients need when suffering injuries, including:
- Head injuries resulting in traumatic brain injuries
- Spinal cord injuries resulting in loss of mobility or sensation
- Severe damage to internal organs
- Compound fractures and bone crush injuries
- Torn ligaments and tendons
- Burns and severe lacerations
- Wrongful death
If you have suffered any of these injuries, other injuries, or a loved one has died, our experienced car accident attorneys may be able to pursue a number of different types of compensation, including costs of medical care and rehabilitation, impairment of future income and current lost wages, pain and suffering, diminished quality of life, adverse impact on your marital relationship, burial or funeral expenses and other damages based on the specific facts of your car accident case.
If you or your family member is coping with the financial, physical and emotional burdens created by a car accident, help may be just a phone call away. Be aware of your legal rights! If you have been injured in a car accident because of a negligent driver, you may be eligible for financial compensation. Call now for your free consultation with Montlick and Associates experienced 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 your free consultation. Alternatively, you can visit our website www.montlick.com to make use of our free consultation form or 24-hour live online chat service.