Marietta Car Accident Lawyer

Marietta Car Accident Attorney

Even the most conscientious and law-abiding drivers are at risk for car accidents because other drivers’ choices can affect our safety and the safety of our passengers. Unfortunately, this means that some people become accident victims by no fault of their own, and may require the support of a Marietta car accident lawyer.

If this happens to you or a loved one, it is important to know that you may be able to obtain compensation beyond what your insurance will provide. The settlement from a personal injury claim can give you the resources to pay your medical bills and move forward with your life. However, obtaining a settlement without a personal injury lawyer is quite difficult.

Our team at Barnes Law Group is committed to representing individuals who have been wronged so that we can help to make the situation right.

Barnes Law Group: Your Marietta Car Accident Lawyers

When you get into a car accident at no fault of your own, you must have a highly qualified team ready to represent you. Our Georgia injury lawyers have many years of training in motor vehicle accident cases.

We know how impactful the injuries can be, as well as how beneficial it is to have a legal advocate. Our team fiercely believes in making the situation right for you and your family, even if the damages seem insurmountable.

You can expect the utmost dignity and respect when you work with Barnes Law Group. We have endless empathy for those who have been harmed by someone else’s reckless behavior. Because of this, our team will fight diligently for your rights during the aftermath of a Marietta car accident.

When you need a legal advocate after a car or truck accident in Marietta, GA, our team at Barnes Law Group should be your top choice.

What Is a Car Accident Claim?

Though many people understand what car accidents are, few know that they have options if one happens to them. The nuances of a car accident case can be complicated if you do not understand the process that you are going through.

Car accident claims are personal injury claims. This means that one individual is taking action against another individual for the harm that the latter caused. Other examples of personal injury claims include premises liability and medical malpractice.

If you are the injured individual in a personal injury claim, it is your responsibility to prove that the defendant caused your suffering through negligence. If you cannot prove that they acted negligently or that the accident was a result of a natural disaster or act of nature, you likely do not have a personal injury claim to make.

Car accident claims occur when one driver injures another driver by neglecting to follow the rules of the road. This can manifest in many different ways, making every case unique. To properly advocate for yourself and your family in these scenarios, you need a qualified car accident attorney from Barnes Law Group.

Why Do I Need a Car Accident Attorney?

Many people feel that they can properly represent themselves in these cases, especially when it seems obvious that the accident is not their fault. Unfortunately, this is not the case. The legal process for definitively showing the court that the accident and resulting injuries were the defendant’s fault is more complicated than it seems. You must provide irrefutable evidence and supporting arguments if you want to win.

Creating an airtight prosecution argument is something that requires years of training and experience and is difficult to do alone. Many people who attempt to represent themselves do not get the compensation that they deserve.

Finally, it is important to remember your priorities, the most important of which are your personal health and safety. While you navigate your legal claim, you will also be healing from a serious injury. Adding the stress and pressure of representing yourself will only hinder your ability to heal properly. In these situations, it benefits your health to have a qualified legal representative.

Negligence in a Car Accident Claim

As mentioned, the prosecution in a car accident claim has the responsibility to prove that the defendant acted negligently to cause the accident. Without doing this, the prosecution has no claim to a monetary settlement from the defendant.

There are many ways for a driver to be negligent, including:

• Talking, texting, or otherwise using the phone
• Engaging in road rage
• Ignoring or failing to see signs and signals.
• Driving while under the influence of alcohol or drugs
• Driving with a suspended or expired license
• Turning to engage with passengers or objects in the car.
• Focusing on buildings, people, signs, or other distractions on the side of the road

This is not an exhaustive list of the ways that a driver can be negligent. The circumstances of your accident will likely be much different. Your car accident lawyer in Marietta will help you to identify and prove the negligence that occurred in your scenario.

Potential Evidence in a Car Accident Claim

Proving negligence requires that you collect and present evidence for your case. The evidence that you have access to will depend on your unique situation. However, it is your car accident lawyer’s job to help you collect relevant pieces of evidence for your claim.

Common types of evidence in car accident claims include:

• CCTV or video footage of the collision
• Eyewitness accounts or testimonials
• Photos of the accident scene, including damages, injuries, and the surrounding area
• Medical records and doctors’ notes
• Phone records

There are other types of evidence that will be relevant to your claim. It is necessary to keep all information, communication, and debris in the aftermath of the collision if you can. Any of this evidence could be relevant to your situation.

Criminal vs. Civil Litigation

In the United States, there are two major types of litigation: criminal and civil. It is important to understand these categories if you are going through a legal claim of any kind.

Criminal litigation occurs when an individual breaks the law. The state or federal government acts as the prosecution and aims to hold the individual responsible for what they have done. Going through this formal process with a judge and jury gives law enforcement its necessary checks and balances.

A jury must be unanimous in their decision in a criminal case.  The only time that a criminal case can be dropped is if the state or federal prosecutor determines that there is not enough evidence to prove the defendant guilty.

Civil litigation is much different. In these cases, an individual or group presses charges against another individual or group for something that they have done. The aim of these cases is for the prosecution to receive monetary compensation for the suffering that the defendant caused.

In order for the prosecution side to be found guilty, the jury must come to a majority decision; the decision does not need to be unanimous. In civil cases, the prosecution may usually drop the charges for any reason if they choose to.

How to Protect Your Claim After a Car Accident in Marietta, GA

If you get injured in an auto accident, there are certain steps that you should take to protect your claim. By taking a few simple actions, you may be able to preserve evidence and increase the likelihood that you will win a settlement.

After an accident, you should:

1. Assess yourself for injuries. If you have significant bleeding, are in severe pain, or cannot feel areas of your body, remain where you are until a medical professional arrives.

2. If you are okay to do so, get to a safe place and exchange information with the other driver. This includes their name, license number, license plate number, and phone or email information.

3. Take photos of any injuries, including injuries to yourself, the other driver, passengers, or passersby.

4. Take photos of the damage to the vehicles, including any debris that fell off during the accident. Make sure you have photos that give context to the surrounding area, as placement of the debris, and damage can often be used as evidence.

5. Contact your lawyer. Your attorney will help you to make a statement to the police and move forward with your claim. If you do not contact your Marietta car accident lawyer as soon as possible, there is a risk that you will say something that jeopardizes your right to compensation.

Remember, your top priority is your own health and safety. Your second priority is getting in contact with your legal representation from Barnes Law Group.

Car Accident Claims and Insurance Companies

Many people believe that insurance companies exist to help them after a car accident. Though this is certainly what the companies claim, it is often not the reality. Insurance corporations prioritize their own budget and profits over their customers, meaning that they will go to great lengths to avoid paying for a car accident settlement. This puts you, as the defendant, at a particular disadvantage.

If you are seeking compensation from an individual and their insurance company, the insurance company will pressure you into making a statement. They may imply that you have to do this in a specific amount of time or that the law requires you to do so. It is essential to remember that you do not have to make any statements without a lawyer present.

If they are trying to get you to make a statement without your car accident lawyer, it is likely because they want to use leading questions and other tactics to get you to make a statement that they can use to their advantage. They will try to spin your words to support the idea that they are not responsible for paying the settlement.

In some situations, an insurance company will even have a private investigator follow a car accident victim to determine if their daily activities coincide with the injury claims. Tactics like these are invasive and can jeopardize your safety.

Having an attorney can help to protect you from some of these manipulative insurance tactics. Your Marietta car accident lawyer can interact with the insurance company on your behalf to ensure that your statement does not include anything that could be misinterpreted and presented to the jury as evidence against you.

Potential Compensation for a Car Accident Claim

When you win a car accident claim, the defendant and their insurance company will be liable to pay a monetary settlement to you. This settlement is usually predetermined as part of your case but is based on specific factors about your situation.

Medical bills are a main portion of a car accident settlement. Though insurance may pay for some of your bills, you will likely have copays and other medical costs that insurance does not cover. Your car accident settlement should account for your out-of-pocket expenses associated with the accident.

Your compensation should also account for the time that you have to spend out of work to recover from your injuries. Though some people may have some coverage from their company, it is unfair and unsustainable to use this type of compensation for the duration of the recovery process. Your settlement should ensure that you do not lose income or financial support because of a collision that was not your fault.

Many people wonder about “pain and suffering” in personal injury claims. This type of compensation adds financial support for the emotional and mental anguish that the individual has endured as a result of the incident.

However, it is important to note that the court will only grant pain and suffering compensation in particularly egregious cases. For example, if you get harmed by a drunk driver whose blood alcohol content is three times the normal limit, you may be able to get compensation because of the severity and extent of the offense.

With several factors affecting your claim, it is possible for your settlement to vary widely from other car accident cases. In general, accidents that result in severe injuries and extensive damage usually result in larger settlements than accidents without serious injuries, fatalities, or property damage.

Car Accidents Due to Recall or Defects

Car accidents due to recalls or defects are unfortunately all too common. According to the National Highway Traffic Safety Administration (NHTSA), there were 53 million vehicles recalled in the United States in 2019 alone.

Here’s what you need to know about car accidents caused by recalls or defects:

• Manufacturers must ensure their vehicles are safe for consumers. If a manufacturer discovers a defect in their vehicles, they must issue a recall and provide a fix to the problem.
• Recalls can be issued for a variety of reasons, including defects in the vehicle’s design, problems with the manufacturing process, or issues with the vehicle’s safety features.
• If a car accident is caused by a defect or issue that was the subject of a recall, the manufacturer may be held liable for any injuries or damages resulting from the accident.
• It’s important for car owners to stay informed about recalls and take their vehicles in for repairs as soon as possible. The NHTSA offers a free online tool called the VIN Look-Up Tool that allows consumers to check if their vehicle is subject to any open recalls.

Manufacturers have a responsibility to ensure the safety of their vehicles, and if they fail to do so, they can be held accountable for any harm that results. If you’ve been involved in a car accident caused by a defect or issue that was the subject of a recall, you should contact an experienced personal injury attorney right away.

Different Types of Auto Accidents in Marietta, GA

There are several different kinds of vehicle collisions that happen in Georgia, with some of the most common types being:

• Rear-end collisions: This occurs when one vehicle crashes into the back of another vehicle. Rear-end collisions are often caused by distracted driving or following too closely. This often happens during Atlanta’s peak traffic hours.
• Head-on collisions: This is when two vehicles traveling in opposite directions collide with each other. Head-on collisions are often caused by reckless driving, driving under the influence, or driving the wrong way on a one-way road.
• Side-impact collisions: Often called T-bone collisions, this occurs when one vehicle collides with the side of another vehicle. Side-impact collisions often occur at intersections and can be caused by running red lights or stop signs.
• Rollover accidents: This occurs when a vehicle flips over onto its side or roof. Rollover accidents are often caused by speeding, swerving, or taking sharp turns too quickly.
• Multi-vehicle accidents: This occurs when there are at least three vehicles involved in a collision. Multi-vehicle accidents can be caused by chain reactions or pileups and can result in serious injuries and fatalities.
• Hit-and-run accidents: This occurs when a driver flees the scene of an accident without stopping to exchange information or help. Hit-and-run accidents are illegal and can result in criminal charges.

If you’ve been involved in any kind of auto accident in Georgia, it’s important to seek the help of an experienced personal injury attorney who can protect your legal rights and help you obtain compensation for any injuries or damages resulting from the accident.

Common Car Accident Injuries

Car accidents are all unique, as are the injuries that accompany them. However, there are certain injuries that are more common due to the nature of car collisions. Understanding common car accident injuries can help you to identify and address any symptoms that you may experience.

Common car accident injuries include:

• Traumatic brain injuries (TBIs)
• Spinal cord injuries, including paralysis.
• Neck injuries such as whiplash
• Lacerations
• Broken bones
• Dental injuries
• Burns

There are many more ailments that may result from a car accident. Because of this, it can be very helpful to your case to seek a medical examination immediately following your accident. This way, you will have a definitive record and can more easily tie your injuries to the car accident.

In many scenarios, the defendant’s car accident lawyer will try to blame the injuries on some other event, making their client not liable for the charges.

Car Accidents and Wrongful Death

Unfortunately, car accident victims do not always survive their collisions. Due to the dangerous nature of these accidents, it is easy for someone to die as a result of a car accident. These scenarios are devastating for the victim’s friends and family.

There is no legal support that can bring the person back, but an attorney can help the victim’s family get the compensation they deserve to properly grieve their loved one.

A wrongful death claim works like a personal injury claim, but it can be filed by the victim’s family rather than the victim themselves. The settlements from these cases often help the family to make up for lost income, pay for funeral and burial expenses, and pain and suffering compensation.

Why Should I Pursue a Settlement After a Car Accident?

Medical bills are often an expense that families cannot afford without notice. This means that paying your own medical bills can put you in financial jeopardy, especially if you are taking time off of work to heal. Many car accident victims and their families experience financial stress following an accident.

It is unjust for you to experience this stress and pressure because of a situation that was not your fault. Other people’s actions need to have consequences, and a car accident claim can help you to create consequences for someone who hurt you. Pursuing a personal injury case can result in a settlement that alleviates this financial pressure and allows you to focus on healing and moving forward.

FAQs

Q: Is Georgia a No-Fault Car Accident State?

A: Georgia is not a no-fault car accident state when it comes to car insurance claims. This means that before a car insurance company will pay for your medical bills, car repairs, or other damages, you have to prove that the other driver was at fault for the crash that occurred.

All Georgia drivers are required to have the bare minimum car insurance coverage for their vehicles. When involved in a car accident, be sure to inform the proper authorities as soon as you can so you can get an official police report about the accident for your records.

Q: What Is the Georgia Law on Auto Accidents?

A: According to Georgia state law, the driver who is found responsible for the accident is liable to compensate the injured party for any and all damages that occurred from the accident. That includes medical bills, lost wages, vehicle repair, and anything else the court decides the injured party deserves as part of their compensation.

It is also Georgia law that any auto accident that results in a fatality, a minor or serious injury, or property damage over $500 must be reported to the proper authorities. An official accident report is crucial to your insurance claim.

Q: Can I Lose My House Due to an At Fault Car Accident in Georgia?

A: If the compensation you are ordered to pay the injured party for an accident you caused greatly exceeds your insurance coverage capabilities, there is a chance you could potentially lose your house to cover the amount of damages you owe.

Several factors are in play when deciding the amount you may owe to an injured party, such as the severity of their injuries and damages, your insurance coverage, an umbrella insurance policy you may have, the experience and skill of your legal team, and whether or not you qualify for a homestead exemption.

Q: Can You Sue for a Car Accident in Georgia?

A: If you have been injured or if you have suffered property damage in a car accident in Georgia, you have two years to file a car accident claim. Filing too early or too late can hurt your accident claim’s chances and reduce the amount of compensation you may be awarded. Insurance companies will either fight you with everything they’ve got to avoid paying any damages or try to convince you to settle out of court to avoid a lengthy investigation and/or trial. Your first move should be consulting with a car accident lawyer to learn what your options are.

Q: How Much Does It Cost to Hire a Car Accident Lawyer in Georgia?

A: Most personal injury lawyers in Georgia work on a contingency fee basis, which means they only get paid if they successfully win your case. This means you don’t have to pay any upfront charges or hourly fees. If the case is won, your lawyer will get a certain percentage out of the total amount of compensation that was awarded to you. It’s typically between 33% and 40%, depending on the case. You and your lawyer will work all this out before you start working on the case.

Contact Marietta Car Accident Lawyer Now

Our attorneys at Barnes Law Group understand that car accidents are traumatizing. Many of our clients feel angry that they have to suffer because of someone else’s actions. Though we cannot undo what happened to you, we can make the situation right again through a strong prosecuting claim.

You deserve the most comprehensive and reliable legal service in the area, and we work tirelessly to achieve justice for each of our car accident clients and their families.

If you would like to know more about our firm or are ready to schedule a consultation, please contact Barnes Law Group today.