Roswell, GA Car Accident Lawyer

A car accident might be the most traumatic event you have experienced. Even minor ones can leave you with significant losses and emotional suffering.

Fortunately, our lawyers can help you file a claim to get the compensation you need for your recovery. However, you should contact our firm as soon as you are ready. The law places strict time limits on your right to file a lawsuit, so the sooner you start your case, the better. Our team can explore insurance options with you while keeping this deadline in mind. In most cases, we will file your lawsuit during insurance negotiations. That way, your case will not be dismissed, and we can gather evidence more aggressively.

Contact Rice, Murtha & Psoras at (470) 287-3070 to get a free assessment of your case with our car accident lawyers.

When You Should Contact Our Lawyers to File Your Car Accident Lawsuit in Roswell, GA

Car accidents are often traumatic events, so it is understandable if you need some time to recover. However, time is of the essence when pursuing compensation, as you will only have so much time to file your lawsuit. Our car accident lawyers can immediately begin investigating your accident and gathering evidence. Your memory of the event will not only be fresher, witnesses will be easier to find, and evidence will not go missing.

In most cases, you will only have up to two years to file your lawsuit in Roswell, according to the statute of limitations under O.C.G.A. § 9-3-33. This might seem like a long time, but it can move quickly when building a case. If you do not file your lawsuit before the two-year window closes, you might not be able to recover any compensation. When a lawsuit is filed too late, the defense will file a motion to dismiss, which the court will have no choice but to grant.

However, our team can explore exceptions that will stop the clock from tolling. For instance, victims under 18 years old when the accident happened will usually have two years to file after turning 18, as per O.C.G.A. § 9-3-90(b).

This rule also applies to victims with an intellectual disability or mental illness that prevents them from filing a claim. However, the two-year clock starts running again when the disability is removed, according to O.C.G.A. § 9-3-90(a).

You should also not be penalized if the defendant purposefully conceals themselves from being served a lawsuit by leaving the state. Under O.C.G.A. § 9-3-94, the time the defendant is absent from Georgia will not count against you. However, you will want to stay vigilant as the time will begin tolling again once the defendant returns.

Common Ways Car Accidents Occur in Roswell, GA

Car Accidents happen for countless reasons in Roswell. Very few of them are not the fault of one of the drivers. Negligent driving comes in many forms, but some give rise to car accident lawsuits more than others. The following are common ways negligent drivers cause car collisions:

Speeding

Speeding is often a serious factor in why an accident occurred. While speed limits are intended to keep people on the road safe, too many casually violate this law. Speeding drivers have less time to react to changing traffic, increasing the chances of a catastrophic accident. If the driver that injured you was ticketed for speeding after the crash, that can serve as evidence of their negligence in court.

Distracted Driving

Distracted driving is another major cause of car accidents in Roswell. It only takes a split second for drivers to take their eyes off the road and cause a devastating accident. With nearly everyone having a cell phone now, these types of accidents have only increased. Many accidents are caused by drivers checking text messages, reading emails, or even watching or making videos. This is especially dangerous as it cuts down the driver’s reaction time if they notice the other car before the accident at all.

Tailgating

Nearly every driver knows what it is like to have someone following too closely behind them. While unnecessary and potentially reckless, tailgating accidents still happen far too often. Drivers must give the car ahead of them a reasonable amount of space depending on the speed limit. However, they should never be so close that you cannot turn or change lanes without crashing. Proving liability in these cases is usually not difficult since the rear driver is almost always at fault.

Illegal Turns

You might have been struck by a driver making an illegal turn. Liability is fairly clear when the driver makes a turn against a red light or through a stop sign. The case might be more challenging if the driver crashed into you when they were turning left at a green light. However, the driver going straight usually has the right of way.

Many drivers also cause accidents because they fail to use their turn signals. If a driver suddenly makes a turn or pulls over without using the proper signals, the car behind them can crash into their rear end. This is actually one of the few times when the car in the back will not be initially considered liable.

Driving Under the Influence

Drunk drivers are the cause of some of the most catastrophic accidents in Roswell. Driving under the influence of alcohol or drugs typically rises above the level of mere negligence. DUI is generally regarded as reckless, which, of course, a driver can be charged with a crime for committing. If you were injured by a drunk driver, you can usually claim “punitive” damages in addition to your standard damages. Punitive damages are reserved for cases like these, where the purpose is to punish the defendant for their reckless behavior.

Poor Weather

Poor weather conditions can also contribute to causing a car accident. However, a driver cannot use bad weather as an excuse for their negligence. Every driver has a duty to others on the road to drive with reasonable care. Suppose the speed limit on the highway is 70 m.p.h. While going this speed would be perfectly reasonable on a clear day, driving that fast in a thunderstorm would likely not be considered sensible.

Drivers are expected to adjust to the weather conditions they are driving in. If the rain is torrential, drivers should slow down and put their headlights on so other drivers can see them through the rain. Roswell is also subject to icy roads and even snow in the winter. While many drivers in the state are not used to this, they are still expected to adjust their behavior.

Our Roswell, GA Car Accident Lawyers Are Here to Help Get the Damages You Deserve

For a free review of your case with our car accident attorneys, call Rice, Murtha & Psoras at (470) 287-3070.