A car accident can impact your life in more ways than you can imagine. Apart from the physical injuries, it can lead to emotional and psychological trauma and high financial burdens. The ripple effects can also extend to your personal relationships, as your loved ones might also experience emotional distress and uncertainty. At Miller Injury Trial Law, we believe that negligent drivers who endanger the lives of other road users must be held fully accountable for their actions.
Our Decatur, GA car accident attorneys are committed to providing you with high-quality legal representation to help you get the justice and financial compensation you need. Led by Tanya Miller, a former prosecutor, and a highly accomplished personal injury lawyer, our legal team is fully equipped to handle your claim, no matter how complex it is. Call us today at 855-44MILLER to schedule a free consultation with one of our skilled Decatur, GA car accident lawyers.
Dangerous Intersections in Decatur, GA
The risk of car accidents tends to be higher at intersections due to the increased volume and complex flow of traffic. The most dangerous intersections in Decatur include:
- Clairmont Avenue and Scott Boulevard
- Ponce de Leon Avenue and Commercial Drive
- East College Avenue and South Candler Street
- North Decatur Road and Superior Avenue
- East Ponce de Leon Avenue and North Arcadia Avenue
Drivers’ Duty of Care in Georgia
Under Georgia law, all drivers have a legal duty of care toward other road users, including fellow motorists as well as non-motorists like pedestrians and cyclists. This duty requires drivers to operate their vehicles with a reasonable level of caution, adhering to traffic laws and regulations to ensure the safety of everyone on the road. This includes obeying speed limits, yielding the right of way when necessary, stopping at red lights and stop signs, and avoiding distractions like texting or using a phone while driving.
When a driver fails to meet this duty of care – by speeding, running a red light, driving under the influence, or engaging in distracted driving – their actions can be considered negligent or reckless. A driver’s negligent or reckless behavior can considerably increase the risk of accidents, endangering their own life as well as the lives of other road users.
Insurer Tactics to Undervalue Your Claim and How Our Decatur Car Accident Lawyers Will Fight Them
Downplaying Your Injuries
The insurance company might argue that your injuries are not as severe as claimed or that you had pre-existing conditions unrelated to the accident. They might offer a settlement that only covers your immediate medical expenses, ignoring your long-term medical needs.
How We Can Fight This: We can gather comprehensive medical evidence from doctors and specialists to clearly demonstrate the extent of your injuries and how they directly resulted from the accident. By documenting everything from emergency room visits to long-term treatment plans, we can make sure that your claim reflects the full impact of the accident.
Delaying the Claims Process
The insurance company might intentionally delay the claims process, hoping you will become frustrated or desperate and accept a lower settlement than you are entitled to.
How We Can Fight This: If we believe that the insurance company is intentionally stalling the claims process, we can take aggressive legal action, including filing a lawsuit, to push the case forward and ensure that you are not forced to accept an unfair settlement.
Shifting the Blame to You
The insurance company might argue that you were partially or fully responsible for the accident, even if the other driver was clearly at fault. By assigning you a larger portion of the blame, they might try to reduce the amount they owe you under Georgia’s comparative fault laws.
How We Can Fight This: We can conduct a thorough investigation into the accident and gather police reports, witness statements, security camera footage, dashcam footage, and other evidence to establish the extent of the other party’s negligence and prove that you had minimal or no role in the accident.
Using Your Statements against You
Insurance adjusters might ask you for recorded statements or ask you tricky questions in order to get you to admit fault, then use your own words to undermine your claim.
How We Can Fight This: We can communicate with the insurance company and can handle all discussions on your behalf. With us representing you, there is no risk of an adjuster twisting your words to lower the value of your claim.
Stakes are Higher Due to Georgia’s Modified Comparative Fault Rule
Georgia follows the modified comparative fault system, under which if the plaintiff (the injured party) is found to be partly responsible for the accident, their recoverable compensation can be reduced proportionately. However, if the injured victim is found 50% or more responsible for the accident, they are barred from recovering any damages.
Clearly, the insurance companies and the defendants will do everything possible to shift the blame onto you in order to reduce their liability or escape liability altogether. At Miller Injury Trial Law, we will challenge these blame-shifting tactics by the insurance company by presenting clear and compelling evidence that supports your case and demonstrates the true extent of the other party’s negligence. We can make sure that the insurance company does not unfairly assign you disproportionate fault for your injuries to reduce your settlement.
Our Decatur Car Crash Attorneys May Use Accident Reconstructionist Testimony to Bolster Your Claim for Damages
Accident reconstruction experts can play a vital role in determining fault in car accident claims, especially when liability is disputed. They use scientific methods and specialized tools to analyze the physical evidence from the scene of the crash and other accident-related data to recreate the sequence of events that led to the accident. Their expertise can be particularly valuable when the at-fault driver denies responsibility, as their findings provide objective, fact-based evidence to support your claim.
To reconstruct an accident, accident reconstruction experts take a wide range of factors into account, including:
- Vehicle damage: The location and extent of damage on each vehicle can reveal key information about the point of impact and the direction each vehicle was traveling.
- Skid marks and tire tracks: These can indicate the speed of the vehicles, whether braking occurred, and how drivers attempted to avoid the collision.
- Road conditions: Factors such as wet or icy roads, potholes, and traffic signals can play a role in the events leading to the accident.
- Weather conditions: Rain, fog, or bright sunlight might have contributed to the accident, affecting visibility and vehicle control.
- Vehicle data: Data from the vehicle’s black box or onboard systems can provide details such as speed, braking, and steering inputs before the crash.
By analyzing these details, accident reconstruction experts can create a detailed report that might include diagrams, 3D models, or animations to illustrate how the crash likely occurred. Their findings can be invaluable in establishing fault, especially when the at-fault driver disputes responsibility. Even if the other driver claims they were not to blame, an expert’s report can provide compelling evidence that proves otherwise, showing negligence such as speeding, failure to yield, or reckless driving.
The Importance of Accounting for Pain and Suffering Damages in a Car Accident Claim
Car accidents can result in prolonged suffering, and leave lasting emotional scars that are just as debilitating as physical injuries. Many victims develop anxiety, post-traumatic stress disorder (PTSD), or other psychological disorders in the aftermath of an accident. These mental health challenges can manifest in various ways such as panic attacks, nightmares, insomnia, or an overwhelming fear of driving or even riding in a vehicle again. In some cases, anxiety or PTSD can lead to significant lifestyle changes, affecting a person’s ability to work, maintain relationships, or enjoy everyday activities.
Given the serious impact of these conditions, it is vital to account for the cost of treating anxiety, PTSD, and other mental health disorders in your car accident claim. The treatment for these disorders might involve therapy, medication, and long-term psychological care, which can be expensive and require ongoing support. If the emotional toll of the accident is not properly addressed in your claim, you might find yourself struggling to cover the cost of essential treatment.
Get Strong Legal Representation from Our Decatur, GA Car Accident Lawyers
If you have been injured in a car crash in Georgia, having an experienced advocate on your side can make all the difference to your case. Decatur auto accident attorney Tanya Miller, a former prosecutor and criminal defense lawyer, brings a unique blend of legal skills and courtroom experience to fight for your rights. Over the years, Tanya has handled countless complex personal injury cases, earning a reputation for aggressive representation and successful results.
Call Miller Injury Trial Law today at 855-44MILLER or get in touch with us online to schedule a free consultation with one of our seasoned attorneys.