Dalton, GA Car Accident Lawyer

Being involved in a car accident often marks the start of a difficult period for you and your family. Most victims do not plan on being injured in a car accident and are not able to cover the damages the other driver caused.

Fortunately, our attorneys can help you hold them accountable in a lawsuit and recover the compensation you need for your recovery. We will start by determining how the other driver caused your injuries and work from there to gather the evidence to prove our theories regarding liability. We can use the photos you take as evidence, gather more during our investigation, and use them to show that the other driver was solely at fault for the collision.

Contact Rice, Murtha & Psoras for a free case assessment from our car accident lawyers by calling (410) 694-7291.

Common Ways Car Collisions Happen in Dalton, GA

Figuring out exactly how a car accident occurred is often challenging for victims. Some people are not even aware that another driver is acting negligently until they crash into them. They only know they have been in an accident when the paramedic or police tell them. Our car accident lawyers can walk through the accident and evidence to help you recall important details about how the other driver caused the crash. By determining the cause of your injuries, we can formulate our strategies to hold the defendant liable.

Many Dalton car accidents happen because other drivers violate traffic laws. Speeding is arguably one of the most common traffic violations and can result in devasting accidents since many drivers do not have a chance to slow down before impact. Many other accidents happen because some drivers are too lazy or careless to use a turn signal before changing lanes or turning at an intersection. Traffic violations can be used as evidence of negligence per se, meaning that the violation of the traffic statute shows the defendant’s negligence. If the police cited the other driver, we can use that detail to help your claim.

Sometimes, the police do not have enough information to issue a ticket for causing the crash. However, we can still argue that the defendant’s actions leading up to the accident were unreasonable compared to those of other typical drivers and violated their duty of care. For instance, doing the speed limit during a thunderstorm might be considered unreasonable if the speed limit is 60 m.p.h. Most drivers slow down during inclement weather, which we will argue highlights the defendant’s unreasonable conduct behind the wheel.

While not as common, vehicle defects and malfunctions can also cause car accidents if they are negligently designed or produced. Perhaps the car manufacturer or company did not bother to recall a model because of the costs, like replacement expenses for faulty braking systems and power steering. If your vehicle was acting uncommonly and no other driver was involved in your collision, there is a good chance it malfunctioned. However, we will still be on the lookout for evidence of negligent manufacturing if another driver was also involved in the accident.

Proving a Car Accident Claim in Dalton, GA

Many negligent drivers would rather not pay for the damages they caused, even if it is right to take responsibility for their actions. However, the other driver will usually be represented by their insurance provider’s attorneys and might not want to pay compensation without a fight. Under O.C.G.A. § 51-12-33(a), the state comparative negligence rule, victims can be held partially at fault for their negligence during the crash. If the evidence supports that they are 50% or more at fault, § 51-12-33(g) will bar them from recovering compensation. If the insurance company can prove that you contributed but were not mostly responsible, you will still lose compensation equal to your proportion of fault.

The best strategy for fighting these claims from the defendant is to have as much evidence as possible to show that they are baseless. A good place to start collecting evidence is while you are still on the scene. You can do this by taking pictures of the scene, the damaged vehicles, and your injuries with your phone. We can submit photos with your claim to show the insurance company we have the proof we need for trial. If the case goes to trial, the photos can be used as evidence, which can be more impactful than describing the details while testifying without photos. We can also use surveillance or dashcam footage if we can get it before it is erased.

Having eyewitnesses testify in your case can also significantly undermine the defendant’s claims of your comparative negligence. They are often the deciding factor when a case breaks down into your word against the other driver’s. We can also use expert witnesses to testify if the accident’s cause or the extent of your injuries is more complex than in typical cases.

Damages You Can Cover in a Dalton, GA Car Accident Lawsuit

But for the defendant’s negligence, you would not have the damages you are claiming. Damages in a lawsuit are usually split between your economic and non-economic losses, which Georgia law refers to as “special” and “general” damages, respectively.

Economic, or special, damages compensate you for the financial costs you have incurred since the crash. Your medical bills, property damage, and lost income will typically be the losses included in these damages. However, your economic losses can also include other out-of-pocket expenses incurred while attending to your case or injuries, like transportation expenses to drive to your doctor’s office.

Non-economic, or general, damages pay you for the harmful experiences the accident and living with your injuries has caused. These damages are commonly referred to as “pain and suffering.” An award for these damages will compensate for the physical pain you experience, as well as emotional distress and other psychological effects

Call Our Car Accident Lawyers in Dalton, GA Now for Help Getting the Compensation You Need

Call Rice, Murtha & Psoras at (410) 694-7291 for a free and confidential case review with our car accident lawyers.