When someone is involved in a car accident, their immediate thought is usually not whether or not to hire a lawyer. Obviously, a person’s first priority is making sure that nobody is hurt–or if someone is injured, to make sure they receive immediate medical attention. Responsible drivers will also stop and exchange contact and insurance information with other drivers involved, as required by Georgia law. Sometimes, a driver may even apologize or admit fault for what just happened.
If you find yourself in this situation, you might think there is no point in contacting a lawyer. But even if you have reason to suspect you were at fault, you may still want to consider hiring an Atlanta car accident attorney for several reasons. While there is no state law mandating someone hire a lawyer for a personal injury case, seeking legal representation can nevertheless be beneficial. An experienced lawyer can assist you with navigating insurance claims, ensuring fair compensation, and protecting your rights. Additionally, a legal professional can help you understand the complexities of Georgia’s legal system and advocate on your behalf to achieve the best possible outcome.
Here are just a few reasons to consider working with a lawyer following a car accident:
You Are Not Sure If You Were Really at Fault
Fault does matter when it comes to a car accident in Georgia. Some states, such as Florida, follow a “no-fault” system where a person injured in a car accident must first seek compensation from their own insurance company. In contrast, Georgia law holds that the at-fault driver is always responsible for a car accident victim’s losses, regardless of the victim’s insurance coverage.
But fault is not necessarily an “all or nothing” proposition. Like most states, Georgia follows a “modified comparative fault” rule in personal injury cases. In layperson’s terms, this just means that if a personal injury case goes to trial, the fact-finder (the judge or the jury) must apportion fault for the car accident between all the parties involved, including the plaintiff. While there is no scientific test for apportioning fault, the fact-finder basically assigns percentages to each party.
Let’s consider a hypothetical car accident where two vehicles collide in an intersection. Driver A was speeding and ran a red light. Driver B was legally intoxicated. Under the circumstances, a jury might decide that each driver was equally at-fault 50/50. Or they might find that the drunk driver was more at-fault and apportion the blame 60/40.
What does this mean in terms of compensation? Let’s say that Driver A was the plaintiff seeking compensation from Driver B. Driver A’s total losses from the accident (damages) came to $100,000. Under the 60/40 apportionment of fault, Driver B would have to pay Driver A $60,000, or 60 percent of the total damages. However, under the 50/50 apportionment, Driver B would pay nothing. This is because Georgia’s comparative fault rule bars a plaintiff from recovering any compensation unless they are less than 50 percent at-fault.
So even if you think you were responsible for a car accident, your attorney might still be able to prove you were not primarily or exclusively at-fault, thanks to Georgia’s comparative negligence rules.
You Need Help Dealing with the Insurance Company
Since Georgia is a fault-based state, the negligent driver’s insurance company is generally on the hook for any personal injury claims arising from a covered accident. Insurance companies are not, however, on the side of either driver. Rather, the insurance company is a for-profit business that prioritizes its own bottom line over all other considerations.
For this reason, insurance companies often try to delay resolving a car accident claim as long as possible. There are a couple of benefits to this approach. First, Georgia has a very strict statute of limitations in personal injury cases. An injured party must normally file and serve their lawsuit within 2 years of the accident. The clock is not stopped while the insurance company considers a potential claim or settlement. To the contrary, insurers often count on claimants not understanding the statute of limitations so that they can drag out the claims process as long as possible.
This is where working with your own car accident attorney can prove critical. Your lawyer works only for you, not the insurance company. It is therefore in your lawyer’s best interest to resolve your case on the most favorable terms. More to the point, experienced attorneys know all of an insurance company’s delay tactics and tricks, so they are in the best position to advocate for your interests.
You Do Not Understand the Law Applicable to Your Car Accident
Car accidents are never “simple,” at least not from a legal standpoint. Many car accident victims are unaware of the basic personal injury laws that apply to their case. The statute of limitations discussed above is one example. But there are dozens of other statutes, court rules, and precedents that need to be understood to successfully handle a personal injury case. The average driver does not know these rules. That is why they hire lawyers to help them understand.
For example, say you are involved in a car accident involving a government vehicle, such as a U.S. Postal Service truck. Did you know that you can actually file a personal injury lawsuit against the government? You can, but there are a host of special rules you must follow, none of which are applicable to lawsuits against individuals or private companies. A Georgia personal injury lawyer who specializes in car accidents knows all this–and they can make sure you know it too.
Contact Our Atlanta Car Accident Attorney Today
If you are ever involved in a car accident, you should not admit fault or make any statement to an insurance company regarding the cause of your crash without first speaking to a lawyer. At Ponton Law, our car injury attorney for Atlanta can sit down with you, review your case, and advise you on an appropriate course of action. Contact an expert traffic accident attorney today to schedule a free, no-obligation consultation. Call for a free consultation about your car wreck case.