Understanding Car Accident Laws: Auto Accident Attorney

Kevin Adamson | September 11, 2024

When involved in a car accident, the consequences can be overwhelming. Between medical bills, lost wages, and the emotional toll, victims often find themselves searching for clarity on what their rights are and how they can pursue compensation. Fortunately, Georgia’s car accident laws provide a structure to help victims recover losses. At the forefront of this legal expertise is Kevin A. Adamson, P.C., a renowned auto accident attorney in Duluth, who has been helping clients navigate Georgia’s legal landscape for years. In this article, we will explore the key aspects of Georgia’s car accident laws and how an experienced attorney like Kevin A. Adamson can guide victims toward a fair outcome.

Fault-Based System In Georgia

Georgia operates under a “fault” system when it comes to car accidents, meaning the party responsible for the accident must pay for damages. This is in contrast to “no-fault” states, where drivers typically rely on their own insurance to cover losses regardless of fault.

To obtain compensation in Georgia, victims have three main options:

File a claim with their own insurance company.
File a claim with the at-fault driver’s insurance company.
File a personal injury lawsuit against the at-fault driver.

As an experienced auto accident attorney in Duluth, Kevin A. Adamson, P.C., can help you determine which path is most appropriate based on the details of your accident.

Comparative Negligence In Georgia

One of the most crucial aspects of Georgia’s car accident laws is the “comparative negligence” rule. In simple terms, if a victim is partially at fault for the accident, their compensation may be reduced proportionally to their percentage of fault. Under Georgia law, as long as the victim is 49% or less at fault, they can still recover damages. However, if the victim is found to be 50% or more at fault, they are barred from recovering any compensation.

For example, if a victim is found to be 20% at fault in an accident, and the total damages amount to $100,000, they will only be able to recover $80,000. Kevin A. Adamson, P.C., understands the intricacies of this law and can ensure that victims are not unfairly assigned a higher percentage of fault, thus maximizing their potential compensation.

Statute Of Limitations For Car Accident Claims

In Georgia, the statute of limitations for filing a personal injury claim following a car accident is typically two years from the date of the accident. This means that victims have a limited window to take legal action. If the deadline is missed, they may lose the right to pursue compensation entirely. This makes it critical for accident victims to consult with an attorney as soon as possible after the crash.

Kevin A. Adamson, P.C., an experienced auto accident attorney in Duluth, emphasizes the importance of early legal intervention. Not only does this help in preserving crucial evidence, but it also gives victims the best chance of building a strong case.

Mandatory Insurance Requirements In Georgia

All drivers in Georgia are required by law to carry a minimum level of liability insurance. The minimum coverage limits are:

$25,000 for bodily injury per person,
$50,000 for bodily injury per accident (if multiple people are injured), and
$25,000 for property damage.

These are the baseline requirements, but in many serious accidents, the damages exceed these amounts. In such cases, an experienced auto accident attorney Duluth can help victims pursue other avenues for compensation, such as going after the personal assets of the at-fault driver or exploring underinsured motorist coverage.

Kevin A. Adamson, P.C., can evaluate your insurance policy and the at-fault driver’s policy to determine the best course of action for securing the compensation you need.

Proving Negligence In Georgia Car Accident Cases

To successfully recover compensation in a car accident case in Georgia, the victim must prove that the other driver was negligent. Negligence in legal terms means that a driver failed to exercise reasonable care, resulting in harm to another person. Proving negligence typically requires demonstrating four elements:

Duty of care: The at-fault driver had a duty to operate their vehicle safely.
Breach of duty: The driver breached this duty by acting negligently (e.g., speeding, texting while driving, driving under the influence).
Causation: The breach of duty directly caused the accident and the victim’s injuries.
Damages: The victim suffered actual losses, such as medical bills, lost wages, and pain and suffering.

Kevin A. Adamson, P.C., has extensive experience in gathering the necessary evidence to prove negligence in car accident cases. Whether it involves reviewing police reports, obtaining witness statements, or working with accident reconstruction experts, his legal team is dedicated to building a strong case for their clients.

Damages Available To Car Accident Victims

In Georgia, car accident victims may be entitled to various types of damages, depending on the severity of the accident and the extent of their injuries. These damages typically fall into two categories: economic and non-economic damages.

Economic damages: These are tangible losses that can be quantified, such as medical bills, lost wages, property damage, and future medical expenses.
Non-economic damages: These refer to intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.

In some cases, victims may also be entitled to punitive damages, which are intended to punish particularly reckless or malicious behavior. While punitive damages are not available in every case, they can be pursued in instances involving drunk driving or extreme negligence.

As a seasoned auto accident attorney in Duluth, Kevin A. Adamson, P.C., knows how to assess the full value of a client’s damages to ensure they receive fair compensation. Click The Impact Of Drunk Driving: Auto Accident Attorney for more details.

What To Do After A Car Accident In Georgia

Taking the right steps immediately after a car accident can have a significant impact on the outcome of your case. Here’s what you should do if you’ve been involved in an accident:

Call 911: Reporting the accident to the police ensures that there will be an official record of the incident.
Seek medical attention: Even if you don’t feel seriously injured, it’s essential to get checked by a doctor. Some injuries, like whiplash or internal injuries, may not be immediately apparent.
Collect evidence: If possible, take photos of the accident scene, your injuries, and the damage to your vehicle. Get the contact information of any witnesses.
Notify your insurance company: Inform your insurance company about the accident, but avoid giving a recorded statement until you’ve spoken with an attorney.
Consult with an attorney: Before accepting any settlement offer from an insurance company, consult with a knowledgeable auto accident attorney to ensure you are not shortchanged.

Kevin A. Adamson, P.C., is available to assist clients at every stage of the process, from negotiating with insurance companies to filing a lawsuit if necessary.

How Kevin A. Adamson, P.C. Can Help

As a leading auto accident attorney in Duluth, Kevin A. Adamson, P.C., provides personalized attention to each of his clients. His firm takes pride in offering compassionate, results-driven legal services that aim to secure the best possible outcome for car accident victims. Here’s how Kevin A. Adamson can assist you:

Case evaluation: He will review the details of your accident to determine the strength of your case and what compensation you may be entitled to.
Negotiation with insurance companies: Insurance companies often try to settle claims for less than they’re worth. Kevin A. Adamson will negotiate on your behalf to ensure you receive a fair settlement.
Trial representation: If a fair settlement cannot be reached, he is fully prepared to take your case to court.

Conclusion

Navigating Georgia’s car accident laws can be complex, but with the guidance of an experienced auto accident attorney like Kevin A. Adamson, P.C., victims can pursue the compensation they deserve. From understanding fault and negligence to calculating damages, an attorney’s expertise can make all the difference in achieving a favorable outcome. If you’ve been injured in a car accident in Duluth or the surrounding areas, don’t hesitate to contact Kevin A. Adamson, P.C., to discuss your case and explore your legal options.

Understanding Georgia’s car accident laws is the first step toward recovery, and with a trusted advocate by your side, you can focus on healing while your attorney fights for your rights.