Doctor examing someone's back after a car accident in Gwinnett County

Being in a car accident that was someone else’s fault is undoubtedly a traumatic experience. Even in the absence of physical injuries, the accident will stick you with the administrative headache of dealing with insurance companies. However, it is highly likely you will deal with property damage and bodily injury. Consider yourself lucky if your injuries don’t affect your ability to go about your normal life.

Unfortunately, car accidents are common. Every year in the United States, an average of six million car accidents. Nearly two million individuals involved in those accidents suffer permanent injuries. In 2017, there were over 34,000 fatal crashes in the United States, and over 1,500 of those fatal crashes occurred in Georgia.

Read on to learn more about the steps you can take to protect yourself after a car accident. Accident victims should understand the compensation they may be entitled to for their injuries—something a car accident lawyer can help you with.

Know Your Legal Responsibilities

Every state has different laws regarding what a driver must do in the event of an accident. A failure to meet the state’s requirements may result in unfavorable legal consequences, leaving injured parties without a remedy for their losses.

  • Make sure your insurance is up to date: Georgia has relatively lenient requirements regarding driver’s auto insurance. All drivers must carry at least $25,000 of bodily injury insurance ($50,000 per accident) and $25,000 of property damage coverage. Failure to obtain adequate insurance coverage may result in personal liability for an at-fault driver. An underinsured driver who causes an accident will be responsible for the costs of any resulting damages.
  • Stay at the scene: All drivers have a legal duty to remain at the scene after an accident and render aid if necessary. If you are in an accident, you should remove your car from the roadway if you can safely do so. However, be sure to remain at the scene until first responders and law enforcement officers arrive. Drivers who leave the scene of an accident may face a hit and run charge. If the accident results in death or injury, drivers who leave the scene may even face more serious criminal charges. Under Georgia law, all parties involved in an accident are required to exchange contact information. Be sure to gather other parties’ names, phone numbers, and insurance information. You will need the name of the insurance carrier, the policy holder’s name, the policy number, and a contact phone number.
  • Notify the police: Georgia law requires individuals to report an accident to the police if the accident caused injury, death, or property damage of $500 or more. Oftentimes, law enforcement officers who respond to the scene will compile a police report, which will fulfill an individual’s duty to report the accident. of individuals involved to report the accident. If police officers do not respond to the scene of the accident, those involved are required to file a police report.

Protect Yourself

The first and most important step following a car accident is to seek immediate medical attention. Even if you don’t feel as if you’ve been injured, it is still important to get a thorough medical examination. The adrenaline from the traumatic event may be masking your pain.

On the other hand, you may have suffered an injury that is not immediately apparent. Many injuries, including some of the most severe, develop symptoms later. Additionally, failure to secure prompt medical attention may limit the extent of your recovery from the negligent party.

First and foremost, make sure you are safe and seek an evaluation of your injuries. Next, there are several other steps you should take after a car accident, including:

  • Securing a police report. A police report will ensure you have written documentation of the accident. The report will include witness statements and contact details, information about the individuals and vehicles involved and pictures of the scene of the accident. In addition, the report will note any citations issued to either party for a violation of traffic laws or regulations.
  • Being cautious with communication. There will likely be many questions about the accident, from the police, the other party, insurance companies, or even the news. Make sure that you don’t make any statement that may imply you were at fault for the accident. Any inclination of an admission of fault could be detrimental evidence against you as you seek to recover damages.
  • Staying organized. Make sure that you keep track of any paperwork and documents related to the accident. Related documents may include medical bills, communications from insurance companies, or documentation of time off work. Collecting pertinent documents will be crucial to demonstrating the damages you have suffered as a result of the accident.
  • Reading before you sign. Carefully read any document before you sign it. You will not want to sign any document that includes language that waives your ability to claim certain damages or file a lawsuit.

After suffering an injury in an accident, you may find it helpful to contact an experienced attorney that you trust. The experienced attorneys at Brauns Law Accident Injury Lawyers, PC can help you navigate the legal process and calculate the damages you deserve.

Understand Your Recovery Options

Injuries from a car accident can severely disrupt your life. You deserve to recover compensation for any injuries and disruptions caused by the accident. To secure recovery, you must be able to show that another party was at fault for the accident. In addition, you must show that the accident caused you damages.

Establishing Fault

If another party’s negligence was the cause of the accident, the party or their insurance company may be responsible for your damages. Potentially, a number of parties’ negligence may contribute to the accident and your injuries, including:

  • Another driver: If your accident involved another driver who acted negligently, they (or their insurance company) should compensate you for your damages. Negligent driving may include speeding, violations of traffic laws, driving under the influence of alcohol or drugs, and distracted driving, such as texting while driving.
  • Local government: Often, poorly maintained roadways or traffic signals may contribute to an accident. In this case, you may be able to recover from the governmental entity responsible for maintaining a safe roadway.
  • Vehicle manufacturer: If your vehicle failed to respond properly or if important safety equipment failed, the vehicle manufacturer may be responsible for your injuries.

Determining which parties are at fault and to what extent can be a complicated and fact-intensive process.

Calculating Damages

Some of the most common damages for which you may recover compensation include:

  • Medical expenses: Some medical expenses are easily calculated, such as medical bills and medication costs. Other medical expenses are harder to predict like costs of future medical care, for example.
  • Loss of income: If you miss work because of your injuries, you are likely entitled to lost wages. If your injuries hinder your ability to continue working or reduce your future earning potential, you may be additionally compensated.
  • Damage to property: If your car or any other property was damaged in an accident, you may recover for the costs of repair or replacement.
  • Pain and suffering or emotional distress: Your injuries have likely caused you significant pain and potentially mental anguish as well. You may be able to recover for these damages.
  • Loss of enjoyment: You may be entitled to compensation if your injuries prevent you from participating in activities you previously enjoyed.

Additionally, if a jury finds the responsible party acted egregiously when causing your injuries, they may award punitive damages. In Georgia, punitive damages are only available when an individual acts willfully, maliciously, fraudulently, or with a conscious indifference to consequences.

Determining the appropriate amount of damages can be complicated, requiring input from economists or medical experts.

While car accidents are common, the subsequent legal issues can be complex. You may need to deal with multiple insurance companies. You will undoubtedly need to navigate the intricacies of determining fault and calculating your damages. You don’t, however, need to do this alone. If you have questions, contact an experienced car accident attorney today.

I am the founding partner of Brauns Law Accident Injury Lawyers, PC. I only represent plaintiffs in injury cases and only handle personal injury claims. This allows me to focus solely on personal injury litigation and devote myself to helping injured residents in Georgia recover fair compensation for their damages.