Car accidents are an everyday reality on Georgia’s roadways, with thousands of accidents happening every year. While there are many factors that contribute to these accidents, the majority are caused by human negligence – from speeding to impaired driving, distracted driving, and failing to yield the right of way.
The most frustrating part is that no matter how cautious or defensive you are behind the wheel, you can still fall victim to someone else’s reckless or careless behavior. In just a moment, a typical day can turn into a life-changing event, leaving you to deal with physical, emotional, and financial burdens.
At Miller Injury Trial Law, we believe that negligent driving should never go unpunished. If you have been injured by a negligent driver, we can hold them accountable and help you get the monetary compensation you need to recover and get back on your feet.
Call us today at 855-44MILLER to schedule a free consultation with our seasoned Stone Mountain, GA car accident lawyers.
Dangerous Intersections in Stone Mountain, GA
Some of the busiest and most dangerous intersections in Stone Mountain include:
- Rockbridge Road and Memorial Drive
- North Hairston Road and Memorial Drive
- North Hairston Road and East Ponce de Leon Avenue
- East Mountain Street and Main Street
The Danger of Hidden Injuries in Car Accidents
After a car accident, you might walk away without any visible injuries, thinking you have escaped unscathed. The fact is that with certain injuries, the symptoms can surface days or even weeks later. These hidden injuries can be just as dangerous, if not more so, than immediate trauma.
For example, whiplash, a common injury resulting from rear-end collisions, might not show any signs right away but can cause chronic pain and mobility issues if untreated. Similarly, concussions and other traumatic brain injuries might initially seem mild, with symptoms like headaches or dizziness appearing later. Also, internal injuries like organ damage or internal bleeding might not be noticeable at first but can lead to life-threatening complications over time.
This is why it’s essential to seek immediate medical attention after a car accident, even if you feel fine and do not have any visible injuries. Only a thorough medical examination can identify these hidden injuries early, allowing for timely treatment and preventing long-term health issues.
What to Say and What Not to Say after a Car Accident
In the aftermath of a car accident, emotions can run high, and it is natural to want to check on the other driver. With that said, you must be extremely careful with what you say at the accident scene, as even seemingly harmless statements could be misinterpreted as an admission of fault and negatively impact your ability to file a successful claim. Knowing what to say and what to avoid can protect your rights and ensure that you do not unintentionally hurt your case.
Innocuous Statements That Could Be Misconstrued
Certain phrases that might seem polite or empathetic in the heat of the moment can later be used against you to suggest that you were at fault. For example:
- “I’m sorry” – This is a common thing to say after an accident, but apologizing to the other party can be taken as an admission of responsibility.
- “I didn’t see you” – While you might simply be explaining your confusion about how the accident occurred, this statement can imply that you were not paying attention.
- “I’m okay” – You might feel fine immediately after the crash, but injuries like whiplash or concussions often take time to manifest. Saying you are okay at the scene can weaken your claim later if symptoms arise.
What You Should Share
- Exchange Information – Provide the other driver with your name, insurance details, and contact information, and request the same from them.
- Speak with Police – When the officers arrive, give a factual account of what happened without speculating or offering opinions. Stick to the facts and avoid any statements that could be interpreted as an admission of fault.
What to Avoid
- Avoid Discussing Fault – Refrain from saying anything that could imply you were at fault. Even if you believe that you might have contributed to the accident, it is best to let the police and insurance companies handle fault determination.
- Do Not Talk About Your Injuries – Until you have had a proper medical evaluation, avoid commenting on how you feel physically. Some injuries do not show symptoms right away and it is important not to downplay your condition at the scene.
Avoiding the Quick Settlement Trap – Why You Should Not Accept Any Offer from the Insurance Company without Consulting Your Lawyer
After a car accident, you might feel tempted to accept a quick settlement from the insurance company to cover your immediate expenses and move on. However, accepting any offer without consulting an attorney can be a costly mistake.
Insurance companies are well aware that injuries from car accidents can worsen over time and they use this to their advantage. By offering a payout immediately after the accident, they hope to settle before any complications or additional medical costs arise.
These initial offers might seem appealing, especially when you are dealing with medical bills, vehicle repairs, or lost wages, but they are usually far less than what your case is truly worth. What is worse is that once you accept a settlement, you typically waive your right to pursue any further compensation, even if new injury-related expenses arise later.
This is one of the most important reasons why you should seek legal representation right after your accident. A profound and proven Stone Mountain, GA car accident lawyer can evaluate your case, calculate the true cost of your injuries and their long-term impact, and determine whether the settlement offered by the insurance company reflects the full extent of your damages.
With a skilled lawyer by your side, you can be confident that the insurance company cannot get away with paying less than what you are entitled to.
Georgia’s Comparative Negligence Law
When it comes to personal injury claims, Georgia follows the legal doctrine of comparative negligence, under which the fault for an accident can be shared between the parties involved.
How Comparative Negligence Works
Under Georgia’s comparative negligence law, each party involved in a car accident is assigned a specific percentage of fault based on their role in causing the collision. Your recoverable compensation is then reduced by the percentage of fault assigned to you. For example, if you are found to be 20% at fault for the accident, your total compensation would be reduced by 20%. So, if you were awarded $100,000, you would only receive $80,000 after accounting for your share of the blame.
The 50% Fault Rule
The most important aspect of Georgia’s comparative negligence law is the 50% bar rule. This rule states that you can only recover compensation if you are found to be 49% or less at fault for the accident. If you are determined to be 50% or more responsible, you are completely barred from receiving any compensation. This is why you should avoid saying anything at the accident scene that could be misinterpreted as an admission of fault, as it could be used to push you over the 50% threshold.
How Insurance Companies Use Comparative Negligence to Their Advantage
Insurance companies in Georgia often try to manipulate the comparative negligence law to their benefit. Their goal is to reduce their liability, and one of the most common strategies they use is to blame the victim. Some of the tactics insurance companies employ include:
- Questioning your actions – They might claim that you were speeding, distracted, or otherwise negligent, even if these claims are exaggerated or unsupported by evidence.
- Arguing you could have avoided the accident – Even if the other driver was clearly at fault, the insurance company might argue that you failed to take reasonable steps like braking quickly or swerving to avoid the collision.
- Disputing the severity of your injuries – They might argue that your injuries are not as serious as you claim or that they were caused by something other than the accident, in order to reduce the overall compensation you are owed.
Protecting Your Rights with Legal Help
To combat these tactics, it is important to work with an experienced personal injury lawyer who understands Georgia’s comparative negligence laws and can build a strong case on your behalf. Your lawyer can gather the evidence required to counter the insurance company’s claims – including police reports, witness statements, dashcam or surveillance camera footage, and medical records – and make sure you are not unfairly blamed for the accident.
Can I Settle My Car Accident Claim After Filing a Lawsuit?
Yes, you can settle your car accident claim even after filing a lawsuit. In fact, many personal injury cases in Georgia are resolved through settlement negotiations at various stages of the legal process. Filing a lawsuit does not mean your case will automatically go to trial. It simply opens the door to that possibility.
Get Legal Help from Our Proven Stone Mountain, GA Car Accident Lawyers
When it comes to car accident claims, the quality of your legal representation is the single most important factor that can determine whether you get the settlement you deserve or whether you are forced to accept a lowball offer. At Miller Injury Trial Law, we bring extensive legal knowledge, unmatched courtroom experience, and a commitment to justice to every case we handle.
Call our firm today at 855-44MILLER or contact us online to schedule a free consultation with one of our experienced Stone Mountain, GA car accident lawyers.
