Tucker, GA Car Accident Lawyers
Car accidents are so common in Georgia that even the most cautious drivers are not immune to the dangers of the road. You can buckle your seatbelt, obey traffic laws, and remain vigilant, but all it takes is one negligent driver to turn your routine trip into a nightmare. Whether it’s someone distracted by their phone, speeding through a red light, or failing to yield the right of way, reckless behavior behind the wheel can have devastating consequences for other road users – often for no fault of their own.
A car accident caused by someone else’s negligence can upend your life in an instant. Medical bills, lost wages, pain and suffering, and the emotional toll of recovery can feel overwhelming. At Miller Injury Trial Law, we believe no one should have to bear these burdens alone. Our experienced legal team is here to fight for the compensation you deserve so that you have the resources to rebuild your life.
Call us today at 855-44MILLER to schedule a free consultation with one of our seasoned Tucker, GA car accident lawyers.
Major Intersections in Tucker, GA
- Lawrenceville Highway and LaVista Road
- LaVista Road and Chamblee Tucker Road
- Mountain Industrial Boulevard and Hugh Howell Road
- Lawrenceville Highway and Brockett Road
- Stone Mountain Freeway and Mountain Industrial Boulevard
What Constitutes Negligent Driving in Georgia?
In Georgia, all drivers have a legal duty of care to operate their vehicles in a responsible manner and avoid causing harm to others. The duty of care involves following traffic laws, remaining vigilant, and exercising reasonable caution under the circumstances.
Negligence occurs when a driver breaches their duty of care by acting in a manner that a reasonable person would not under similar circumstances. For example, a driver can be found negligent for failing to check their blind spot before changing lanes, even if they were not violating a specific traffic law.
Negligence per se, on the other hand, occurs when a driver violates a traffic law designed to protect public safety. In such cases, the violation itself is considered evidence of negligence. For instance, running a red light or driving under the influence of alcohol violates statutory laws intended to prevent accidents. If such a violation leads to an accident, the driver can be held liable without the need to prove a breach of the general duty of care.
Who Pays for My Damages after a Car Accident in Georgia?
Georgia follows an at-fault system, under which a person or entity responsible for causing an accident is liable for covering the resulting damages. Depending on the circumstances of the accident, one or more of the following parties could be held liable for your injuries and other losses:
- The other driver (if their negligence caused the accident).
- The vehicle parts manufacturer (if a defect or malfunction caused the accident).
- Government agencies (if dangerous road conditions or a malfunctioning traffic signal caused the accident).
- The other driver’s employer (if the accident was caused by a truck driver, delivery driver, or rideshare driver and they were performing job-related duties when the accident occurred).
- The vehicle owner (if the at-fault driver was using someone’s vehicle with their permission, the vehicle owner can be held liable under the doctrine of negligent entrustment).
Apart from this, if the at-fault driver was drunk, the bar or any other establishment that served alcohol to them can also be held liable under Georgia’s Dram Shop Law. Under the law, any establishment that serves alcohol to a visibly intoxicated person can be held liable if that person causes an accident.
What Happens If the At-Fault Driver Does Not Have Sufficient Insurance?
At Miller Injury Trial Law, we know that in some cases, negligent drivers who cause accidents might not have adequate insurance coverage or might not be insured at all. In such cases, we usually look for other sources of compensation for our clients. This can include:
MedPay Coverage
If your auto insurance policy includes medical payments (MedPay) coverage, we can help you file a claim with your insurance company to cover your medical expenses. It is a no-fault coverage that provides immediate financial relief for hospital bills, doctor visits, rehabilitation costs, and other expenses related to your treatment.
Uninsured/Underinsured Motorist (UM/UIM) Coverage
If your auto insurance policy includes UM/UIM coverage, we can help you file a claim with your insurance company to get compensation for your injuries and other losses. It should be noted that filing a UM/UIM claim generally does not impact your insurance premiums unless you were partially at fault for the accident.
Suing the At-Fault Driver Directly
If the at-fault driver lacks sufficient liability insurance coverage but has personal assets, we can sue them directly in order to recover the compensation you are owed. This can be a complex process, but it might be a viable option if the driver owns property, investments, or other valuable assets.
Apart from this, if there are other parties whose negligence might have contributed to the accident, we can file a claim against them and recover damages to make sure you are adequately compensated for all your losses.
If The Insurance Company Is Willing to Pay Me Right Away, Do I Still Need a Lawyer?
When the at-fault party’s insurance company offers you a quick settlement after a car accident, it might seem like a sign of goodwill on their part. However, it is important to remember that insurance companies are for-profit businesses and they make money only when they deny claims or pay out as little as possible.
Why Quick Settlements Can Be Risky
A quick settlement offer from the insurance company is often a tactic to minimize their financial liability. In many cases, the amount offered might not fully cover your long-term medical expenses, reduced earning potential, and other long-term consequences of your injuries.
More importantly, once you accept their offer, you will be prohibited from pursuing additional compensation – even if you find out later that your damages are far more extensive than you initially thought.
The Dangers of Talking to Insurance Companies
Following an accident, talking to the insurance adjuster is one of the biggest mistakes you can make as a claimant. This is because insurance adjusters are trained to ask questions in ways that could lead you to inadvertently admit fault or downplay the severity of your injuries. Even a casual statement like “I’m feeling better” could be interpreted as evidence that your injuries are minor.
It is important to note that it is not just the at-fault party’s insurance company you need to be cautious about. Even your own insurance company might try to use your statements against you to limit the payout. It is why you should consult with a skilled Tucker, GA car accident lawyer before you make any decisions about your case – regardless of what the insurance company tells you.
At Miller Injury Trial Law, we understand the tactics insurance companies use to minimize claims and we know how to counter them. We can take over all communication with insurance adjusters – from the at-fault driver’s insurance company as well as your own – to protect your rights and make sure you do not say anything that could be misinterpreted or used against you.
If I Was Partially at Fault for the Accident, Should I Admit It to the Police?
No. Under Georgia law, you are not legally obligated to admit fault to the police after a car accident. While it is important to cooperate with law enforcement and provide factual information about the crash, admitting fault at the scene can have significant legal and financial consequences.
Even if you believe that you might have been partially responsible for the accident, it is not advisable to admit it for several reasons:
Shock and Misjudgment
In the moments following a car accident, you might be too disoriented to recollect how it happened and who was at fault. In this state, you might mistakenly assume responsibility for the crash, even if you had nothing to do with it.
Moreover, many other factors including the other driver’s negligence or hazardous road conditions might have contributed to the accident. Only a professional investigation can uncover what truly happened and determine who was at fault.
Impact on Your Compensation
If you admit fault at the scene, the at-fault driver’s insurance company will use your statements against you to minimize or deny your compensation. Even a partial admission can drastically reduce the amount you are entitled to under Georgia’s modified comparative negligence rule.
Higher Auto Insurance Premiums
Admitting fault to the police can also impact your own auto insurance. If fault is assigned to you, your insurer might classify you as a high-risk driver, leading to increased premiums for years to come.
At Miller Injury Trial Law, we understand how stressful and confusing the aftermath of a car accident can be. Our attorneys will thoroughly investigate your case to uncover what really happened and determine who was at fault. We will make sure that you are not unfairly blamed and that your rights are protected throughout the process.
Our Trial-Ready Tucker, GA Car Accident Lawyers Can Help You Get More Compensation
When negotiating with insurance companies after a car accident, one of the most significant factors that can influence the outcome is the credible threat of litigation. Insurance companies often manage to convince injury victims to accept lowball offers, as they know that most lawyers lack trial experience and are not prepared to face the challenges involved in litigation.
This is not the case with Miller Injury Trial Law. Our firm has a proven track record of litigating auto accident cases and securing favorable outcomes for our clients in court. Insurance companies know that when they face us, the threat of litigation is not just a negotiation tactic – it is a very real possibility.
The Defendant’s Risk of Losing in Court
The possibility of going to trial introduces an element of uncertainty for the insurance company. This is because if the case goes before a jury, they could be ordered to pay far more than they would in a negotiated settlement. This financial risk makes them more likely to offer a fair settlement upfront.
Increased Costs of Litigation
Trials are expensive for insurance companies. Between legal fees, expert witnesses, and the time required to defend a case, the costs of litigation can quickly add up. By settling, they can avoid these additional expenses.
Potential for Public Scrutiny
A court trial can draw unwanted public attention to the insurance company’s practices, potentially damaging their reputation. This is another reason they might prefer to settle rather than risk a protracted legal battle.
At Miller Injury Trial Law, our ultimate goal is to secure the maximum compensation you deserve. Whether through negotiation or litigation, we will fight tirelessly on your behalf. With our team on your side, you can rest assured that no avenue will be left unexplored to achieve the best possible outcome for your case.
Maximize Your Financial Recovery with Our Highly-Rated Tucker, GA Car Accident Attorneys
At Miller Injury Trial Law, we know that the impact of a car accident can extend far beyond the immediate medical bills and affect all aspects of your life. That is why we are committed to helping you get the monetary compensation you need to recover and get back on your feet.
Contact our firm today at 855-44MILLER or get in touch with us online to schedule a free consultation with one of our seasoned Tucker, GA car accident lawyers.
