Valdosta, GA Car Accident Lawyer

Driving is a part of many Americans’ daily routines. We wake up, drive to work or school or wherever we need to go, and then drive home. Unfortunately, accidents are extremely common, and people get hurt. While some accidents are comfortably covered by insurance, others are not, and a lawsuit might be the best way to get fair compensation for your injuries and damages.

First, your attorney can help you determine who in the crash should be held liable. This is often complicated, as there might be multiple drivers who might all be pointing fingers at each other. To help figure things out, you should begin documenting the accident scene almost immediately, if possible. Even snapping a few pictures of the crash might make a world of difference in your lawsuit. Many drivers take pictures so they have something to show to insurance companies. However, insurance is not always adequate or available, and a lawyer can help you explore other options, like a lawsuit.

Contact our car accident attorneys for a private case evaluation free of charge by calling Rice, Murtha & Psoras at (470) 287-3070.

Who Can Be Held Liable for a Valdosta, GA Car Accident?

Determining who can and should be held liable for a car accident is often more complicated than people initially think. People often assume that the person responsible for a car accident is the other driver, plain and simple. But what if there is more than one other driver? What if the other drivers are also trying to blame you? What do you do?

If your accident involved only one other driver, there is a good chance they are the ones responsible and should be held liable, even if they say otherwise. Determining liability is harder if there are more drivers, like in a multi-vehicle crash. Maybe all the other drivers share the blame. Maybe only one of them does. Our car accident attorneys can help you review information from the accident, including the police report, to figure out who should or should not be named in your case.

We must also be prepared to confront accusations of comparative negligence. According to O.C.G.A. § 51-12-33(a), if a plaintiff is found to be partially responsible for their own damages, their damages may be reduced in proportion to their share of the fault. For example, if the court finds you to be 20% responsible, your damages may be diminished by 20%. However, under subsection (g) of this law, plaintiffs who are at least 50% responsible may be barred from recovery. The more evidence we have demonstrating the defendant’s negligence, the harder it will be for them to argue you somehow contributed to the crash.

How Car Accidents Often Occur Around Valdosta, GA

Valdosta, GA, like many other towns and cities in Georgia, is crisscrossed by numerous highways and streets. While vehicle collisions can potentially happen on any road, certain roads are more prone to accidents. Busy highways in the area tend to see their fair share of collisions, and you should always be on the lookout for negligent drivers.

One major highway that runs right through Valdosta is U.S. Route 84, a major highway where speed limits are higher and drivers might be more in a hurry. It also connects to numerous other cities and towns, making it a very busy road to be on. Similarly, drivers should be careful on U.S. Route 41. This highway goes around Valdosta and intersects with several other major roads, including U.S. Route 84. Highways and intersections are prime spots for accidents.

Additionally, drivers should exercise caution around Valdosta State University. The school has thousands of young students who might not be the most experienced drivers. Considering how large the student population is, the traffic around the university tends to be busier.

Accidents in these and other areas around the city might stem from numerous causes, including, but not limited to, speeding, distractions, and ordinary traffic violations. Speed is a major factor in many accidents. Even if speed is not the direct cause, it tends to make a bad accident worse. Distractions behind the wheel have become an increasingly common problem as more drivers are preoccupied with phones, GPS, and other devices in the car. Finally, ordinary traffic violations like running a light or blowing a stop sign are common but dangerous. While we have all probably committed a violation at some point, it only takes one violation to cause a terrible crash.

What You Should Do Immediately After a Car Accident in Valdosta, GA

Car accidents are dangerous, and it is a good rule of thumb to immediately call 911 after any accident, even if it seems somewhat minor. Sometimes, other drivers do not want to get the authorities involved and might try to convince you to avoid calling the police. Do not listen to them. Call the police. A police report can help you later when you file an insurance claim or talk to a lawyer about suing.

As you wait for medical help and law enforcement to arrive, you should exchange information with others at the accident scene. Obviously, you should exchange details with the other driver since you need their information to file a claim with their insurance company. You should also talk to people who were not in the crash but saw it happen, as they might provide valuable witness testimony.

Document the scene to the best of your ability. This might mean recording videos, taking photos, or simply making mental notes of everything you see. Even if your documentation cannot be used as evidence, it might help us paint a clear picture of the accident for a jury. When you are ready to take legal action, call a lawyer and discuss your next steps.

Should You File an Insurance Claim or a Lawsuit for a Car Crash in Valdosta, GA?

States differ on how they require drivers to file insurance claims after accidents. In some states, drivers carry no-fault insurance, file claims with their own insurance companies, and are usually covered regardless of who is at fault. Georgia does not work this way and instead follows a fault-based system where drivers file third-party claims with the other driver’s insurance.

While insurance is normally the first course of action for injured drivers, it is not always the most helpful. In many cases, claims are denied because drivers cannot come up with enough evidence to convince the insurance company that their customer is responsible for the crash. In others, claims may be approved, but the damages far exceed the insurance policy limits. Still, in especially frustrating cases, the other driver is uninsured, and there is no way you can file a claim.

If you find yourself in such a situation, it might be time to discuss the possibility of suing the other driver with your attorney. Even if the insurance company denies your claim, you can take the matter to court. Insurance companies are not always correct in how they decide these things, and the court might be on your side. Additionally, jury verdicts and damages awards are not limited by the terms of an insurance policy, and you may be better able to recover the full extent of your damages in a lawsuit.

Evidence We Can Use to Support Your Claims in a Valdosta, GA Car Accident Case

Your case is unlikely to go very far if we do not have sufficient evidence. As the plaintiff in an injury lawsuit, you have the burden of proof, and our car accident lawyers must prove your claims by a preponderance of the evidence. Put another way, we must show that it is more likely than not that the defendant is liable for your injuries. The evidence we need to accomplish this feat will vary depending on your specific circumstances but below are some pieces of evidence that tend to come up frequently.

Witnesses are said to be the backbone of so many injury cases. If anyone was around to see the accident (e.g., other drivers, passengers, pedestrians), they might have unique insight into how the crash occurred. Maybe someone saw the defendant run the red light and corroborate your story about it. Maybe they served the defendant alcohol at a bar a short time before the crash, backing up our claims that the defendant was intoxicated. The more witnesses we speak to, the better.

Taking pictures after a crash is common, as insurance companies often want to see photos from the accident to assess the value of your claims. Photos from the scene may also be used as evidence in court, especially if the defendant disputes certain factors about the accident. For example, maybe the defendant claims that they were not speeding, but photos from the accident show vehicle damage that could only be possible if they were speeding.

Technology has become a huge part of our daily lives, including driving. Nowadays, cameras are everywhere, and there might be video footage of your car accident we can use as evidence. We can check nearby security cameras, traffic cameras, or dashcams that were inside your vehicle or others.

Damages Available in Valdosta, GA Auto Accident Cases

Your damages after a car accident should reflect your pain, injuries, costs, and suffering. Some car accident cases are quite severe, and plaintiffs have staggeringly high damages to cover. Your attorney can review your case and help you determine the extent of your damages and what kind of compensation you rightfully deserve.

Economic Damages

Much of your damages may be assessed based on how much they cost. This can make it easy and difficult to establish economic damages. On the one hand, proving damages might be as simple as presenting receipts, bills, and invoices. On the other hand, if you have a lot of different costs related to the accident, it might be hard to account for everything. A lawyer can help you make sure nothing is overlooked, undervalued, or left out.

Medical bills are often a major component of economic damages calculations. Whether you went to the emergency room only once or required long-term, extensive treatment, the costs might be very high. Keep track of all your treatments and doctor appointments so that we can add those costs to your damages.

We should also consider the cost of vehicle damage. Repairing or replacing your car might be very costly, and people often rely on their cars to live their lives. Additionally, your ability to work might be hindered if your injuries are severe. The income you lose while you recover from the accident should be added to your damages.

Non-Economic Damages

Not all injuries are measured in money. Many injuries are not related to physical harm or property damage. Instead, these injuries affect your mental health and emotional state, and they might technically not cost plaintiffs anything. Even so, they deserve financial compensation.

You may claim non-economic damages for things like physical pain from injuries, emotional distress, mental turmoil, humiliation, and more. If your injuries come with long-term complications that get in the way of your life, you might claim damages for your reduced quality of life or loss of enjoyment.

Punitive Damages

Other damages may be awarded to punish defendants for especially egregious actions and deter future bad behavior. Punitive damages, under O.C.G.A. § 51-12-5.1(b), may be assessed if we can prove by clear and convincing evidence that the defendant showed willful misconduct, fraud, oppression, wantonness, malice, or such a degree of carelessness as to create a presumption of conscious indifference to the consequences of their actions. In car accident cases, punitive damages may be limited to $250,000. However, if the defendant was intoxicated at the time of the crash, punitive damages might be unlimited.