Motor vehicle accidents are a leading cause of death in the United States. Accidents involving trucks, passenger vehicles, motorcycles, and pedestrians are often fatal and can lead to substantial physical and financial damages. Broken bones, vehicle damage, and time missed from work are common losses that millions of vehicle accident victims suffer every year.
If you were involved in an accident, you may have grounds for compensation. Here we talk about common causes of accidents, common losses suffered by victims, how settlements and litigation are handled, and how we may be able to help you after an accident.
To learn more or speak with a team member for free regarding your case, contact S. Burke Law at (404) 842-7838. Our car accident lawyer in South Fulton, Georgia, can start investigating your case today.
When a Car Accident Warrants a Lawsuit
You can sue for damages after a car accident if you can show that:
- The party responsible for causing the accident owed you a duty of care. This is typically defined as safe driving in accordance with all applicable norms and laws.
- The at-fault party somehow breached or did not meet the standard of care.
- The at-fault party’s failure to drive safely resulted in an accident.
- You suffered physical, financial, or other losses in the accident.
Proving a breach in the duty of care will require our team to gather evidence such as photos, video recordings, eyewitness testimony, police reports, cell phone usage data, driver work logs, and any other evidence that can be used to substantiate your claims.
Cell phone usage data can be used to prove driver distraction or medication use, while work logs could help you prove drowsiness or impairment. Our firm can determine what kinds of evidence your case requires.
Determining What Damages You Could Recover
In addition to gathering proof, we must also evaluate your damages. Medical bills, income statements, vehicle repair invoices, and other proof of damages and losses can be used to arrive at a dollar figure for your tangible losses.
For intangible losses such as the loss of a loved one or pain and suffering, the input of economic and medical experts can help our team to estimate the value of the non-physical damages you suffered because of your accident.
Once we have gathered proof, we will submit a demand letter to the at-fault party’s insurer demanding compensation for your losses. If your claim is accepted, your case is closed. If you are denied compensation or offered a settlement lower than what you feel you are entitled to, you can file a lawsuit with the relevant court to seek a legal determination regarding your accident.
How We Can Help
We can help you every step of the way, from immediately after your accident until you receive a final settlement payout from the at-fault party’s insurer or a legal ruling regarding your claim if your case goes to court.
We will help you:
- Identify the at-fault party, so you know who you are dealing with.
- Understand the laws and insurance policies that apply to your case.
- Gather the evidence needed to substantiate your claims.
- Evaluate your losses and damages.
- Negotiate a settlement with the at-fault party’s insurer.
- Take your case to court if a fair settlement is not offered.
You can suffer irreparable harm if you miss your filing deadline, do not gather the right evidence, or file a claim for an amount lower than what your case is worth (or accept a low-ball offer from the at-fault party’s insurer without rigorously evaluating your damages). Car accident injuries can take months or years to heal, and you may face substantial cash outflows while you recover and get your life back on track.
For a thorough assessment of your case, call S. Burke Law at (404) 842-7838. Our car accident lawyer in South Fulton, Georgia, will review the specifics of your case to determine the cause of your accident and outline the next steps you must take toward securing the legal compensation you are entitled to.
Common Causes of Car Accidents
Georgia is an at-fault state. This means you can sue for damages if you suffered an accident because of the mistakes, negligence, carelessness, or recklessness of someone else. This is why determining the cause of your accident is such an important part of the claims and litigation processes.
Below are the leading causes of car accidents in the United States.
Negligence comes in many forms. Intoxicated, drowsy, and reckless driving, speeding, driving without a license, using electronic devices, and even interacting with other passengers while behind the wheel can constitute negligence.
Road Issues and Vehicle Malfunctions
Damaged roads, slippery surfaces, road clutter, obstructed signage, tire blowouts, brake failures, loose cargo, and vehicle failures can all cause an accident. You may be able to hold a vehicle maintenance team, a road repair crew, a vehicle owner, or a vehicle operator responsible for the damages that result from an accident caused by road issues or vehicle malfunctions.
Poor Weather, Inadequate Lighting, and Road Design Issues
Inclement weather, inadequate lighting, sharp turns, dangerous curves, steep inclines, and a lack of road safety fixtures—such as barriers or lane markings—can lead to an accident.
Common Car Accident Damages
Car accident damages are usually categorized as physical (bodily) injuries and non-physical damages. Bodily injuries commonly seen in car accidents include:
- Head, neck, back, brain, and spinal cord injuries
- Broken, fractured, and crushed bones
- Lacerations and disfigurement
- Internal organ injuries and internal bleeding
- Eye, mouth, and facial injuries
Emotional trauma, mental anguish, and pain and suffering are also injuries, although they are not physical in nature. You can include these damages in your accident case if you can show that physical injuries caused them. Other damages you may recover include the cost of:
- Vehicle damage
- Property damage
- Lost income
- Lost earning ability
- Incidental expenses, such as caretaking or home-keeping expenses
These losses and damages can occur in all sorts of car accidents, from frontal and rear-end accidents to rollovers, sideswipes, T-bone collisions, truck accidents, pedestrian accidents, and impaired driver accidents.
Contact S. Burke Law for Help Today
Contact S. Burke Law at (404) 842-7838 for assistance with your case. Our car accident lawyer in South Fulton, Georgia, can walk you through the entire legal process and help you fight for the compensation you deserve. Do not hesitate to call to speak to a team member today.