Rome, GA Car Accident Lawyer

Drivers are required to carry auto insurance in case of accidents on the road, but what happens if insurance is not enough to cover your damages? If your accident was severe, you might have costs and expenses far exceeding insurance policy limits. If this sounds like your situation, discuss filing an injury lawsuit with our legal team.

Car accidents might stem from many factors, but things like traffic violations, road rage incidents, and poor road conditions are a few rather common factors worth discussing with your lawyer. To determine exactly how your accident happened and who is to blame, we need evidence. It is important to start looking for evidence quickly, as it can be lost if we do not move quickly enough. Our evidence should also support your claims for damages. In severe crash cases, damages can be quite high, and substantial financial compensation might be at stake.

Obtain a confidential claims evaluation for no charge from our car accident attorneys at Rice, Murtha & Psoras by calling (470) 287-3070.

How Vehicle Collisions Can Happen Around Rome, GA

It is not uncommon for car accident victims to have fuzzy memories of the crash. Many say that they remember driving, and the next thing they know, they wake up in the back of an ambulance. Even so, whatever memories you do have may help our car accident attorneys figure out how the crash occurred and who is responsible.

Ordinary traffic violations cause car accidents all the time. Unfortunately, these kinds of violations are very easy to commit, and many drivers do so daily. Maybe the other driver thought turning without their signal wouldn’t hurt anyone, but they were wrong. Maybe they were speeding when they turned a corner and crashed into you because they could not stop. If so, they may be held liable for your injuries.

While everyone can become a bit irritated on the road, especially when traffic is slow, some people fly into fits of incredible anger known as road rage. When this happens, angry drivers might act irrationally and cause serious accidents. For example, an angry driver might be so fed up with traffic that they try to bypass it by speeding along the shoulder of the highway. In the process, they might hit your car and injure you.

Another common problem is poor road conditions and drivers who do not adjust their driving. For example, driving at the speed limit or even slightly over on a clear, sunny day is fine. However, if it is raining and the roads are slick, it is necessary to slow down to avoid hydroplaning into other cars. If the other driver did something like this, contact a lawyer.

Evidence Needed to Support Your Claims in a Rome, GA Car Accident Case

In many car accident cases, drivers immediately take photos of the crash scene. This is typically done so drivers can send proof of the accident to insurance companies, but these photos might also be useful in the courtroom. Similarly, if there is any video evidence from dashcams or nearby security cameras, we should get it as soon as possible. If we wait too long, the videos might be deleted.

Testimony is another crucial piece of evidence in most cases. If other people were at the accident, they may testify as witnesses. Maybe they stopped to help or were behind you when the crash happened and saw everything. In addition, your testimony may be extremely important, as only you can testify about things like your injuries, pain, and suffering.

In some cases, we also need evidence to combat arguments of comparative fault. If the defendant believes that you somehow contributed to the accident, they might try to shift the blame onto you by raising comparative fault issues.

According to O.C.G.A. § 51-12-33(a), if a plaintiff is determined by the court to be partially responsible for their own accident, their damages may be reduced in proportion to their share of the fault. For example, if a plaintiff is deemed 15% responsible for the accident, their overall damages award will be reduced by 15%. According to subsection (g), if a plaintiff is found to be at least 50% responsible, they may be barred from recovering any damages. If these arguments come up, we need evidence showing how fault lies solely with the defendant.

Recoverable Damages in Rome, GA Auto Accident Cases

Your damages should represent your losses, injuries, costs, and pain from the accident. While some damages are based on what they cost you, others are more subjective and might not be tied to monetary costs. Still, in rare cases, the court might award extra damages to punish defendants for especially egregious behavior.

Compensatory Damages

Your compensatory damages may make up the bulk of your claim. Compensatory damages account for economic and non-economic damages, which are awarded to make up for the things you have lost, at least financially.

Economic damages tend to include high medical bills, the cost of property damage (e.g., your vehicle), and lost income if your injuries prevent you from going back to work. Remember, these are just a few of the many costs injured drivers face.

Non-economic damages are based more on your painful experiences rather than money. For example, you can claim emotional distress, psychological damage, physical pain, and any reduction in the quality of your life after the accident. Since these damages do not have a predetermined value, it is up to the jury to determine their worth.

Punitive Damages

Punitive damages may be available in cases where the defendant’s behavior is so bad that it shocks the conscience. According to O.C.G.A. § 51-12-5.1(b), a plaintiff must prove by “clear and convincing evidence” that the defendant caused the accident through willful misconduct, oppression, fraud, malice, wantonness, or such a severe lack of concern as to raise the presumption that they did not care about the safety of others. Proving such things is often difficult, and punitive damages are rare.

When punitive damages are awarded, they can be substantial but not unlimited. Under subsection (g) of the statute above, if the statutory cap is not lifted, punitive damages may be worth no more than $250,000. However, according to subsection (f), there are no statutory caps in cases where the defendant caused harm while under the influence of alcohol or controlled substances. This may come up in drunk driving cases.

Get Assistance From Our Rome, GA Car Accident Attorneys

Obtain a confidential claims evaluation for no charge from our car accident attorneys at Rice, Murtha & Psoras by calling (470) 287-3070.