Understanding the Various Georgia Car Accident Laws
If you or a loved one has been injured in a motor vehicle accident, understanding Georgia car accident laws is crucial to protect your rights and begin moving forward.
Author: Maha Amircani, Founder, Amircani Law, LLC
Maha represents clients in state and federal court litigation as well as administrative proceedings. Her practice specializes in the areas of personal injury, criminal defense, and real estate closings. Published on: October 15, 2021.
Usually, the first settlement offer is not nearly enough to cover all the damages the other party has experienced. Also, bear in mind that since there isn’t a precise method to apportion fault, the final decision regarding fault and total damages that can be recovered will depend on your attorney’s ability to negotiate with an insurance company or convince a jury or a judge. That is why having an experienced attorney by your side can be beneficial for your case.
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Why You Should Know Georgia Car Accident Laws
Although you expect to go through life without being involved in a vehicular collision, you run the risk every time you get in your vehicle. If you, a friend, or a family member has been injured in a motor vehicle accident, you may wonder how you will pay for your medical bills, vehicular damages, and other expenses. Only adding to the stress, Georgia’s car accident laws can seem confusing.
Since Georgia is an at-fault state, questions like “Whose fault was the crash?” are integral to establish. Drivers must pay expenses incurred due to their negligent, crash-causing actions. Unfortunately, legally speaking, this isn’t always the easiest thing to establish.
In a simple case, there may just be one driver with provable liability. However, many insurance companies will attempt to blame the other driver, so the insurance provider has less to pay. Contacting a skilled Atlanta auto accident lawyer to navigate traffic laws with the insurance companies ensures your interests are protected.
The GA Auto Accident Laws
GA auto accident laws are complex and frequently subject to change, making hiring a lawyer a priority if you are involved in an accident. You should handle a few tasks during the aftermath, but talking with the other driver’s insurance company is not one of them.
- If you have been involved in a vehicle accident in the Atlanta area, you should start by calling the police and seeking medical attention by dialing 911 if necessary.
- Once it is safe to do so, take photos of the accident scene, both vehicles, and anyone else involved.
- Get the other drivers’ contact information, such as their name, physical address, a working phone number, and insurance information.
Since accident laws, like every legal aspect, are subject to change, it is wise to consult a local attorney before speaking to insurance companies or anyone other than medical professionals or law enforcement so they can construct an accurate police report.
Important GA Car Accident Laws to Know
Even if you aren’t involved in a collision with a car, truck, or motorcycle, there are certain GA car accident laws you should know. This is especially true if the other driver has more experience with Georgia law.
Based on the at-fault aspect of Georgia car crash laws, there are a few general rules for establishing that, which include the following:
- One of the two drivers broke a traffic law.
- One of the drivers drove distractedly or with negligence.
- The poorly maintained vehicle of one driver led to the collision.
- Rear-end accidents are usually deemed as the fault of the driver following “too closely” to the other vehicle.
There may be other factors that your legal counselor might consider when trying to establish fault. An experienced attorney will weave all relevant aspects together to begin constructing liability and the strategy for winning your case.
What You Need to Know About Car Accident Laws in Georgia
Several factors fall under the category of what you need to know about car crash laws in Georgia. For example, understanding Georgia car insurance rules are also crucial to any automobile accident case. Georgia, like other states, requires that vehicle owners carry at least minimum amounts of liability coverage.
Individuals are required, under Georgia law, to carry at least $25,000 for bodily injury per person as well as a minimum amount of $50,000 in liability coverage per collision. The law also requires a minimum of $25,000 in liability coverage for property damage.
Liability insurance could help pay damages to the other driver or injured party if you were the driver at-fault for the accident. Many vehicle owners buy more coverage because the minimum liability insurance amounts will not go far when it comes to covering the medical expenses of the other party. On the other hand, if someone doesn’t carry enough liability insurance, a crash victim may come after their personal property.
Also, Georgia law mandates that drivers must report any vehicle or car accident in Georgia that results in death or injuries to any person or property damage that appears to be at least $500 or more. The auto accident has to be reported to the local police department or the nearest state police station, or the sheriff’s office. The crash has to be reported immediately or as soon as possible.
Hopefully, you will never need this information. However, if you do, a local attorney from Amircani Law, LLC will be able to explain liability coverage and the appropriate Georgia car accident statute that pertains to your situation.
Georgia Car Accident Insurance Laws
Georgia car accident insurance laws cover a range of potential expenses that your automobile accident may cause. After motor vehicle collisions, an experienced attorney can describe the modified comparative fault rule in a manner that you will likely understand so you can hopefully recover compensation from the at-fault party. Some of the expenses you may be reimbursed for include the following:
- Cost of representation in a personal injury lawsuit
- Current medical bills resulting from personal injuries
- Ongoing and future medical expenses
- Property damage
- Rehabilitation for serious injuries
- Lost wages
- Wrongful death and fatal injuries
It is important to realize that the severity of some injuries resulting from a collision may not be fully apparent immediately, which is one reason you don’t want to settle for whatever the insurance provider offers.
Also, under the modified comparative fault rule, recovering damages for car accident victims is possible as long as they are 50% or less at fault. However, the compensation awarded for an individual who is partially at fault for causing a crash will be reduced by their percentage of fault, regardless of how severely injured they may be. Legal advice from your local law firm can be instrumental in helping you keep your options open.
What Georgia Insurance Claim Laws Does a Personal Injury Firm Handle?
Georgia insurance claim laws cover a variety of types of motorway accidents. These include, but are not limited to those involving:
- Car accident cases associated with truck accidents, including those involving large commercial trucks
- Motorcycle crash incidents
- Rear-end accidents
- Speed limit infractions
The insurance company’s role is to avoid compensating for car accidents or at least offer the car accident victims a settlement that is considerably less than what they are entitled to, so their cost of insurance coverage remains low.
Hiring a Personal Injury Lawyer After a Car Accident in Georgia
You require a personal injury lawyer to deal with your own insurance company and the other driver’s insurance company. It is also essential to ensure your legal resource of choice has experience filing a car accident claim against the at-fault driver in cases similar to yours.
After an accident, you need to work expediently to file a lawsuit before the statute of limitations has expired. Personal injury lawsuits in Georgia can be filed up to two years after the crash. If, however, it was deemed the other driver was engaging in a criminal activity for which they were prosecuted, such as driving under the influence, the deadline is extended to two years from the completion of the criminal case.
The time limit has been set because details from a police report and witness testimonies become challenging to remember accurately and may get lost.
Choosing the Right Law Firm to Deal with Insurance Companies
Selecting a Georgia car crash lawyer to deal with insurance companies should happen as soon as possible so you can begin developing your car accident lawsuit strategy. Even though Georgia is primarily an at-fault state, insurance companies often use technicalities found in comparative-fault processes to determine which driver is more responsible for the collision.
It is relatively easy to determine fault when a perfectly parked vehicle is hit. It becomes more complicated when both motorists operate their vehicles, and one is going slightly over the legal limit. In that case, insurance companies are likely to assign a portion of the fault to that driver.
Contact Experienced Personal Injury Attorneys Before Filing a Civil Lawsuit
Personal injury lawyers can provide legal advice, information, advocacy, and other legal services to help you with your injury claim. The right law firm can offer advice and advocacy, whether it is addressed with the auto insurance policy or requires a car accident case that goes to the Georgia Supreme Court to receive a financial recovery.
Schedule a free consultation with the personal injury lawyers of Amircani Law, LLC, to begin developing a solid attorney-client relationship and begin the process of getting your life back.