No one wants to be involved in an automobile accident. If you do get into one, the effects can be devastating, ranging from serious physical injuries and damage to your vehicle to emotional distress and loss of enjoyment of life. Often, these impacts can last for years after the accident, or even a lifetime.
When another driver’s negligence causes a car accident that affects your health and wellbeing, they should be held accountable for their actions – and for your damages. An experienced Marietta car accident lawyer could help you hold the driver responsible and recover fair compensation for your losses, while you get on the road to recovery. Call a compassionate attorney today to get started.
Common Causes of Car Accidents
Traffic accidents resulting in serious injuries are on the rise in Georgia. According to the Georgia Governor’s Office of Highway Safety, there were 15.55 serious traffic injuries in 2016 for every 100 million vehicle miles traveled. The causes of car crashes in the state are varied, but all the following examples are situations that a Marietta car accident lawyer could argue qualify as legal negligence.
Distraction is a broad term that covers many activities that take a driver’s attention off the road. This commonly includes actions such as talking on a phone, texting, using a GPS, talking to a passenger, and eating.
Another common form of distraction that is specifically made illegal under Georgia state law is driving while under the influence of alcohol or drugs. In Georgia, the legal blood alcohol limit is .08. When it comes to drugs, someone’s driving abilities can be just as impaired by prescription or over-the-counter drugs as they can by illegal ones.
A reckless driver is one who drives without regard for the safety of others, increasing the risk of an accident. Typically, this takes the form of traveling above the posted speed limit or faster than is reasonable or safe for the conditions.
Other common forms of reckless driving include failure to yield to the preferred right of way to other drivers, such as at an intersection, and unsafe lane changes. All these actions can impact a driver’s minimum stopping distance and ability to control the car.
When a driver operates a car and intentionally tries to annoy, intimidate or harass another driver, it constitutes aggressive driving. Tailgating is a common form of aggressive driving, and intentional actions such as road rage can also produce civil liability.
Proving Negligence in Car Accident Cases
In order for a plaintiff to file a lawsuit for injuries they received in a car accident, the plaintiff must prove that the other driver was negligent. This usually involves showing—ideally with help from a car accident lawyer in Marietta—that:
- The defendant owed a duty of care to the plaintiff;
- The defendant breached their duty;
- The breach caused the plaintiff to suffer injuries;
- The plaintiff suffered actual damages.
Under Georgia Code §51-12-33, even a plaintiff who is partially at fault for the accident that caused their injuries can still recover damages if they were less than 50 percent responsible. However, the final damage award amount would be reduced proportionately by the amount of fault attributable to them. For more information about recovering damages, consult with a dedicated personal injury lawyer.
Contact a Marietta Car Accident Attorney
A plaintiff in a car accident can suffer various injuries for which compensatory damages are available. Damages that can be awarded include both economic, such as for medical bills, lost income and car damage, and noneconomic, such as pain and suffering and emotional distress.
You cannot change the past, but with the help of a seasoned Marietta car accident lawyer, you could recover much-needed damages to help improve your future. Call today to discuss your case.