Atlanta Car Accident Lawyers

Injured in a Car Accident in Atlanta? Get the Compensation You Deserve. Call Wetherington Law Firm at (404) 888-4444 for free case evaluation.

Car accidents are one of the leading causes of serious injury and death in Atlanta and throughout Georgia, disrupting lives with serious injuries, financial burdens, and emotional trauma. From rear-end collisions on I-285 to T-bone crashes at Peachtree Street intersections, these accidents can result in whiplash, broken bones, or even lifelong disabilities. Victims face overwhelming challenges, including medical bills, lost wages, vehicle repairs, and insurance disputes. If you’re struggling after a car accident, our Atlanta car accident lawyer is here to help you seek justice and recovery.

For car accident victims, one of the greatest challenges is dealing with injury and the complex insurance paperwork. Insurance companies often pressure you into accepting quick settlements that don’t cover your long-term needs. Meanwhile, with more delays, critical evidence, like traffic camera footage or witness statements, can vanish, making it harder to prove fault and secure fair compensation. Without skilled legal representation, you risk being shortchanged when you’re most vulnerable.

Our Atlanta Car Accident Lawyer is dedicated to advocating for accident victims throughout Georgia. With deep expertise in Georgia traffic laws and extensive experience handling all types of car accident cases, we fight tirelessly for your rights. From collecting vital evidence and negotiating with insurers to representing you in court if necessary, we manage every detail of your case, allowing you to focus on healing.

Led by Matt Wetherington, our Atlanta car accident attorneys are committed to securing maximum compensation for your medical expenses, lost income, pain and suffering, and ongoing care. Don’t let insurance companies control your future. Contact our car accident lawyer today at (404) 888-4444 for a free consultation and take the first step toward justice and financial recovery.

What are the Qualities to Look for in a Car Accident Lawyer?

Here are the key qualities to seek in a car accident lawyer to ensure you’re in capable hands.

• Experience with Car Accident Cases: Car accident cases involve unique factors, such as determining fault in multi-vehicle crashes or proving injuries like whiplash. Look for a lawyer with a proven track record in handling car accident claims in Georgia, where roads like I-75 or intersections on Ponce de Leon Avenue are common crash sites. They should excel at gathering evidence, such as police reports or dashcam footage from Atlanta streets, and collaborating with medical experts to prove injuries. 
• Compassion and Personalized Care: As a car accident victim, remember that you’re more than a case; you’re a person facing a life-altering ordeal. A great car accident lawyer listens to your story, understands the crash’s impact on your life, and treats you with empathy. Whether you’re a student in Midtown missing classes or a worker in Decatur unable to earn, your lawyer should explain your options clearly and keep you informed. 

Avoid national firms that prioritize volume over care. Our Atlanta car accident attorneys are local, approachable, and committed to tailoring our approach to your needs, ensuring you feel supported every step of the way.

• Strong Negotiation Skills: Insurance companies often downplay car accident claims, offering settlements that don’t reflect your full losses or shifting blame to you. A skilled lawyer counters these tactics with evidence like medical records, accident reconstruction reports, and witness statements to establish the other driver’s fault. 

In Georgia, where comparative negligence (O.C.G.A. § 51-12-33) can reduce your compensation if you’re partially at fault, negotiation expertise is vital. Our attorneys are known for outmaneuvering insurance adjusters, securing maximum payouts for clients from Brookhaven to West End.

• Trial-Ready Experience: While most car accident cases settle, you need a personal injury lawyer prepared to go to trial if the insurer refuses a fair offer. Look for someone with courtroom experience in Georgia’s courts, such as those in Fulton or DeKalb County, who can confidently present your case to a judge or jury. Our car accident attorneys, including Robert Friendman and James Cox, have won over $100 million verdicts, giving us leverage to demand what you deserve, whether in negotiations or at trial.
• Local Knowledge of Atlanta and Georgia Law: A personal injury attorney familiar with Atlanta’s roads and legal system has a clear edge. They understand local traffic patterns, like congestion on the Downtown Connector or frequent crashes near Clark Atlanta University, and how these factors affect liability. They’re also familiar with Georgia’s personal injury laws, including the two-year statute of limitations (O.C.G.A. § 9-3-33) and rules for recovering damages. 
• No Upfront Costs and Clear Fees: Legal help shouldn’t add to your financial burden. Choose a firm that works on a contingency fee basis, meaning you pay nothing upfront and only owe fees if they win your case. They should be transparent about fees, typically 33% to 40% of your settlement in Georgia, depending on case complexity.
• Focus on Maximizing Compensation: A top lawyer aims to secure every dollar you’re owed, accounting for medical bills, vehicle damage, and less tangible losses like pain or future care costs. In Georgia, you can pursue economic and non-economic damages (O.C.G.A. § 51-12-5), but proving their full scope requires expertise. 

Our firm works with economists, doctors, and vocational experts to demonstrate how injuries impact your life and career, securing six- and seven-figure settlements for Atlanta victims.

Ready to find the right lawyer for your car accident case? Call Wetherington Law Firm at (404) 888-4444 or fill out our free consultation form today. We’ll listen to your story, explain your options, and guide you toward recovery with confidence.

How Can a Car Accident Lawyer Help After an Accident?

One thing you must understand after a car accident is that insurance adjusters do not represent your best interests as an accident victim. You need a car accident attorney who understands all the tactics deployed by insurance adjusters. Here’s how we support you:

• Free, No-Obligation Consultation: We hear your story, answer questions, and outline your options without pressure.
• Comprehensive Investigation: We collect police reports, witness statements, medical records, and expert testimony to build a strong case.
• Maximizing Compensation: We calculate all losses—past and future—to ensure full compensation for medical costs, lost income, pain, and more.
• Handling Insurance Companies: We manage all insurer communications, protecting you from lowball offers and pressure tactics.
• Courtroom Readiness: If a fair settlement isn’t possible, our trial-tested attorneys are prepared to fight for you in court.

Led by Matt Wetherington, a Georgia Super Lawyer with over $100 million in verdicts, our firm has helped countless Atlantans recover after devastating accidents. We proudly serve our community, from Chamblee to East Point, with compassion and determination.

Types of Car Accident Cases We Handle

At Wetherington Law Firm, our Atlanta car accident lawyers are equipped to handle a wide range of car accident cases, each with unique challenges and legal complexities. Whether your accident occurred on I-285, Peachtree Street, or a quiet road in Buckhead, we fight to secure the compensation you deserve for injuries, losses, and emotional trauma. Below are the types of car accident cases we handle across Atlanta and Georgia:

• Rear-End Collisions: Common on congested highways like I-85, these crashes often cause whiplash or spinal injuries. We prove fault using police reports and dashcam footage, countering insurers who downplay injuries.
• T-Bone (Side-Impact) Accidents: Frequent at intersections like Ponce de Leon Avenue, these collisions can lead to fractures or traumatic brain injuries. We investigate right-of-way violations to establish liability.
• Head-On Collisions: Devastating on roads like Georgia 400, these accidents may cause severe injuries or fatalities. We pursue claims against reckless drivers, often seeking punitive damages (O.C.G.A. § 51-12-5.1).
• Multi-Vehicle Pile-Ups: Complex crashes on I-20 involve multiple parties, making fault disputes common. We use accident reconstruction to untangle liability and maximize your recovery.
• Hit-and-Run Accidents: If a driver flees the scene in areas like Midtown, we leverage your Uninsured Motorist (UM) coverage and pursue leads to identify the culprit.
• Distracted Driving Accidents: Crashes caused by texting or GPS use, prevalent in Downtown Atlanta, are proven with phone records or witness statements.
• Drunk Driving Accidents: These reckless acts, seen on roads like Buford Highway, warrant aggressive claims for economic and non-economic damages (O.C.G.A. § 51-12-5).

What are the Common Injuries in a Car Accident?

Car accidents can cause a wide range of injuries, from minor to life-altering, depending on the crash’s severity. Common injuries we see include:

• Whiplash: Neck pain and stiffness from sudden jolts, often requiring therapy or surgery.
• Traumatic Brain Injuries (TBI): Concussions or brain damage from head impacts, leading to cognitive issues.
• Fractures: Broken bones in arms, legs, or ribs, limiting mobility and work ability.
• Spinal Injuries: Herniated discs or cord damage, causing chronic pain or paralysis.
• Emotional Trauma: PTSD, anxiety, or fear of driving, impacting daily life as much as physical injuries.

These injuries carry steep costs; medical bills, lost wages, and emotional strain add up quickly. In Georgia, you can seek compensation for economic losses (e.g., medical expenses) and non-economic damages (e.g., pain and suffering) under O.C.G.A. § 51-12-5. We fight to ensure every aspect of your suffering is fully addressed.

What Compensation is Available After a Car Accident in Georgia?

If you were injured in a car accident on a busy Atlanta road like Buford Highway or stalled on I-20, you shouldn’t bear the financial burden of another’s negligence. In Georgia, you can seek compensation to cover your losses and rebuild your life. Here’s what’s available:

• Medical Expenses
  Car accidents often cause injuries requiring extensive treatment. Compensation covers:
  • Emergency room visits and hospital stays
  • Diagnostic tests (e.g., X-rays, MRIs)
  • Surgeries, physical therapy, or rehabilitation
  • Medications or medical equipment
  • Future care, like ongoing therapy for spinal injuries
    Atlanta’s medical costs, from facilities like Grady or Northside Hospital, can be staggering. We work with experts to document all expenses, ensuring your claim reflects current and future needs.
• Lost Wages and Earning Capacity
  If injuries prevent you from working, you may recover:
  • Income lost during recovery, including missed shifts or benefits
  • Reduced hours or duties due to physical limitations
  • Loss of earning capacity if injuries impact your career long-term
    For example, a TBI might limit your cognitive abilities, affecting your job. We use vocational experts to prove these losses under O.C.G.A. § 51-12-4, ensuring fair compensation.
• Pain and Suffering
  Car accidents cause physical and emotional scars. Compensation for pain and suffering includes:
  • Physical pain from fractures or whiplash
  • Emotional distress, like anxiety or fear of driving
  • Loss of enjoyment of life, such as missing hobbies or family time
    Proving non-economic damages (O.C.G.A. § 51-12-5) requires skill. We use medical records and personal testimony to show how the crash affects your life, from dreading I-75 commutes to struggling with daily tasks.
• Property Damage
  Car accidents often damage vehicles, disrupting your ability to commute. Compensation includes:
  • Vehicle repair or replacement costs
  • Rental car expenses during repairs
  • Damaged personal items, like laptops or phones
    In Atlanta’s car-dependent city, we negotiate to cover these costs fully, so you’re not out of pocket.
• Loss of Consortium
  If injuries strain your relationships, you or your spouse may seek loss of consortium damages for:
  • Loss of companionship or affection
  • Impact on family dynamics
    These damages, though less common, are recognized in Georgia. We handle them sensitively to acknowledge your family’s losses.
• Punitive Damages (Rare)
  If the at-fault driver’s actions were grossly reckless e.g., drunk driving on Roswell Road, punitive damages (O.C.G.A. § 51-12-5.1) may apply to punish and deter. These are rare but significant, and our attorneys pursue them when warranted.

What are the Common Causes of Car Accidents in Atlanta, GA?

Car accidents in Atlanta often result from preventable errors but cause devastating consequences. Common causes include:

• Distracted Driving: Texting or adjusting GPS, common in congested areas like Midtown, leads to collisions.
• Speeding: Excessive speed on highways like I-85 increases crash severity.
• Impaired Driving: Alcohol or drugs impair judgment, raising risks on roads like Georgia 400.
• Failure to Yield: Ignoring traffic signals or right-of-way at intersections like Peachtree and 14th.
• Weather Conditions: Rain or fog, frequent in Atlanta, reduces visibility and traction on I-285.

Under Georgia law (O.C.G.A. § 40-6-48), drivers must exercise due care. When they fail, they’re liable for your injuries and losses. Our team investigates thoroughly, using dashcam footage or accident reconstruction to prove fault.

Contact Our Atlanta Car Accident Attorney

After a car accident, immediate legal action is crucial to secure evidence like crash scene photos, witness statements, and police reports. These are vital for proving liability and damages. Your car accident attorney uses this evidence to establish duty, breach, causation, and damages, key to a strong claim. Call Wetherington Law Firm at (404) 888-4444 or fill out our free consultation form today.

Understanding Your Rights After a Car Accident in Atlanta

Understanding your rights after a car accident in Atlanta is crucial for ensuring you receive the appropriate compensation and support. Here are key points to consider:

1. Fault-Based System in Georgia: Georgia operates under a fault-based system for car accidents. This means that the driver who is found to be at fault is responsible for the damages caused by the accident. Their insurance company typically covers these damages, including medical expenses, lost wages, and property damage​​.
2. Comparative Negligence Rule: Georgia uses the comparative negligence rule, which means that if you are partially at fault for the accident, your compensation can be reduced by your percentage of fault. For instance, if you are found to be 20% at fault, your compensation will be reduced by 20%​​​​.
3. Statute of Limitations: In Georgia, you have a two-year window from the date of the car accident to file a lawsuit for personal injury. Missing this deadline could bar you from pursuing legal action for compensation​​​​.
4. Insurance Claims Process: After an accident, you can file a claim with the at-fault party’s insurance company. Be cautious when dealing with insurance adjusters as they may offer a settlement that doesn’t fully cover your damages. It’s advisable to consult with a lawyer before accepting any settlement offers​​.
5. Documenting the Accident: It’s important to document the accident thoroughly, including taking pictures of the scene, gathering witness information, and keeping all medical records and bills. This documentation will be crucial in building your case​​.
6. Seeking Legal Assistance: Consulting with a skilled Atlanta car accident lawyer can be invaluable. They can help you understand your rights, handle negotiations with insurance companies, and if necessary, represent you in court​​.
7. Dealing with Uninsured Motorists: If the at-fault driver does not have insurance, you may still have options for compensation, such as filing a claim under your own uninsured motorist coverage​​.
8. Impact on Future Insurance Premiums: Understanding how a car accident can affect your future insurance premiums is also important. This varies depending on the details of the accident and the insurance policies involved.
9. Handling Hit-and-Run Situations: In case of a hit-and-run accident, you may still be able to receive compensation through your insurance or by identifying the other driver with the help of law enforcement and your attorney​​.

Contact Us Now for a Free Consultation

What are the Steps to Take After a Car Accident in Atlanta, Georgia?

• Ensure Safety: If possible, move vehicles out of traffic to a safe location. Turn on hazard lights to alert other drivers.
• Check for Injuries: Assess yourself and others for injuries. Do not move if you are seriously injured, and wait for emergency services.
• Call 911: Report the accident to the police. They will document the scene and file a report, which is crucial for insurance claims and potential legal actions​​​​.
• Exchange Information: Obtain the name, contact information, insurance details, and vehicle information from the other driver(s) involved.
• Document the Scene: Take photos of the accident scene, including vehicle positions, damages, and any relevant road signs or signals. Also, note the time, location, and weather conditions.
• Seek Medical Attention: Even if you don’t think you are injured, it’s advisable to get a medical examination. Some injuries may not be immediately apparent.
• Report the Accident to Your Insurance Company: Notify your insurance company about the accident. Be cautious in your communication and avoid admitting fault or giving detailed statements without legal advice.
• Gather Witness Information: If there are any witnesses, collect their contact information. Witness statements can be valuable in determining fault and supporting your claim.
• Consult an Attorney: Consider consulting with our skilled Atlanta car accident lawyer, especially if the accident involves significant property damage, physical injury, or if fault is contested. Get free consultation to understand your chances better.
• Follow Up on Medical Care: Keep all medical appointments and follow the prescribed treatment plan. Document all medical treatments related to the accident.

Who Can I Recover Money from After a Car Accident in Atlanta?

After a car accident, there are several potential parties that you might be able to recover money from.  Although the specifics vary by state and this is a complicated area of law, the following parties must be considered:

The At-Fault Driver

When involved in an accident with two or more vehicles, you can assert a claim against the driver of the responsible vehicle.  In Georgia, every driver is required to carry liability insurance.  The minimum coverage amount in Georgia is set by a statute, O.C.G.A. 33-7-11:

• $25,000 for bodily injury or death of one person in a single accident
• $50,000 for bodily injury or death of more than one person in a single accident
• $25,000 for injury or harm to the property of others in a single accident

These coverages are the minimum amounts of coverage required, and it is generally advisable to carry higher coverages.  Under certain circumstances, if your damages exceed the policy limits, the at-fault driver can be held personally responsible for the difference.  In other circumstances, the insurance company can be responsible for the full value of your injuries.

The Owner of the At-Fault Vehicle

In many states, including Georgia, an injured person may have a claim against the owner of an at-fault vehicle, even if the owner was not driving the car at the time of the accident.  This is because of a legal theory called negligent entrustment.  In a negligent entrustment claim, liability arises from the negligent act of the owner in lending his automobile to another to drive, with actual knowledge that the driver is incompetent or habitually reckless.  This theory commonly arises in drunk driving cases where a person has a history of DUIs and tractor trailer accidents where the company knew that the driver was a bad driver.

Where the owner of the vehicle is a large corporation, there is generally no limit to the amount that can be recovered.

The Resident Relatives of the At-Fault Driver

Some liability insurance policies provide liability coverage for all family members who live in the same household.  This type of coverage is not common, but it is important to obtain all relevant liability policies to confirm that insurance coverage is not missed.

The Employer of the At-Fault Driver

If the negligent driver was working and in the course and scope of his or her employment, the employer is liable for the employee’s negligence even if the employee was driving a personal vehicle.  Where the at-fault driver was using his or her employer’s vehicle, there is a presumption that the person was working in the course and scope of their employment.  However, this presumption can be rebutted by the employer.  When an accident was caused by an Uber or Lyft driver, this analysis can become very complicated.

The Manufacturer of the Vehicle

If a vehicle component causes an accident, such as a sudden vehicle acceleration, you may be able to assert a lawsuit against the vehicle manufacturer.  This is commonly referred to as a defective vehicle claim.

Even if the accident was caused by a negligent driver, you may still be able to assert a claim against the vehicle manufacturer if the injuries in the accident were made worse by the failure of a vehicle component.  For example, a defective roof system might crush into the vehicle’s occupants or a seatbelt may become unlatched and allow a person to be ejected from the vehicle.

There is generally no limit to the amount that can be recovered from a vehicle manufacturer in Georgia.

The Manufacturer of the Vehicle’s Tires

If a tire fails and causes an accident, the manufacturer of the tire may be responsible.  A significant portion of our practice is dedicated to defective tire claims.  Tires fail for a variety of reasons.  One of the most common tire failure reasons is the failure to include reasonable design features that would make the tire safe.  These features include things like belt wedges and cap plies.

There is generally no limit to the amount that can be recovered from a tire manufacturer in Georgia.

The Repair Shops That Serviced the Vehicle and Tires

Once a vehicle is sold, it requires regular maintenance. As vehicle systems, including tires, become more complex, the ability of consumers to perform self-maintenance is decreasing. As a result, most consumers have to trust service centers to keep their vehicle and tires safe.  Unfortunately, some service centers cut corners to save time or money and consumer lives are placed at risk. When a service center agrees to service a vehicle, the service center assumes a duty to identify and warn of dangerous conditions and to perform repairs and maintenance in a safe and professional manner.  The failure to do so can subject the retailer to liability.

The Contractor Responsible for the Design or Maintenance of the Road

If the accident was caused by a hazardous condition on the roadway, such as a large pothole, the contractor responsible for the roadway may be responsible for the injuries and damages caused by the accident.  Similarly, if the design of the roadway makes it more prone to accidents or serious injuries, such as failing to install a guardrail on a sharp curve, the contractor may be responsible for the accident.

Your Insurance Carrier – Uninsured/Underinsured Motorist Coverage

If the at-fault driver does not have insurance or does not have enough insurance to cover your injuries, it may be possible to recover from your own insurance coverage through underinsured or uninsured motorist coverage.  This is a complicated area that generally requires an lawyer to confirm that you are receiving the full benefit of the coverage that you have purchased.

Your Resident Relative’s Uninsured/Underinsured Motorist Coverage

In Georgia, all underinsured/uninsured insurance policies provide liability coverage for all resident relatives of a household.  If you live in the same house as a family member, but have different insurance policies for your vehicles, you may be able to recover some insurance benefits from your relative’s carrier after you have exhausted all coverage on your own uninsured/underinsured policy.

Your Employer – Worker’s Compensation

If a person is injured in an accident while in the course and scope of his or her employment, the injured person may be able to recover worker’s compensation benefits.  It does not matter who was at fault.  If the person is eligible for worker’s compensation benefits, he or she can receive coverage.  It is possible to recover both worker’s compensation and liability insurance.

What Must I Prove to Recover for Personal Injuries After a Car Accident in Atlanta?

Although the application of the law in each type of case is very different, all car accident cases come from the same rules.  To recover for personal injuries after a car accident, you must establish the basic elements of a tort:

1. The existence of a duty on the part of the other driver to act a certain way;
2. The failure of the driver to perform that duty;
3. Actual injuries; and
4. Proof that the injuries were proximately caused by the driver’s negligence.

These elements can be confusing.  That is why we have written detailed articles on each of these elements that you can read here.  The important thing for you to know is that the first element, duty, is very important in evaluating a car accident case.  Another good word for duty is responsibility. In Georgia, all drivers have the responsibility to drive in a safe manner and avoid causing harm to others.  “Driving safely” generally means driving in a manner that a reasonable person would under similar circumstances.  Under most circumstances, a reasonably prudent driver will:

• Drive at a reasonable speed;
• Keep a lookout for hazards and pedestrians;
• Yield to others when necessary;
• Stop or slow when appropriate; and
• Maintain the vehicle in a safe condition.

When a person fails to drive in a reasonable manner, they are deemed “negligent.”  Simply driving in a negligent manner without causing harm does not allow someone to file suit against the negligent driver.  For example, if a tractor-trailer is speeding, failing to keep a lookout ahead, and has to drive on the shoulder of the roadway at very high speeds and almost hits several vehicles, the owner of the cars he almost hit would not have a valid claim against the negligent driver.  Here is a real-world video of this exact scenario:

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However, if a negligent truck driver causes an accident, the negligent driver will be liable for damages and injuries he or she causes.  Whether a person has operated a vehicle in a negligent manner is generally a question that is submitted to a jury.

In addition to the general rule that a driver must act reasonably, there are rules of the road that every driver must comply with.  Unlike ordinary negligence, when a driver violates one of these rules and causes an accident, the injured person does not prove that a reasonable person should have acted differently — the conduct is automatically considered negligent.  In Georgia, these rules include the following (click the links below to learn more):

Summary of Georgia Auto Laws

Driving While Intoxicated

OCGA 40-6-253 and OCGA 40-6-391

Speeding

OCGA 40-6-181

Using a Phone While Driving

OCGA 40-6-241

Failing to Yield to Pedestrians

OCGA 40-6-91, OCGA 40-6-92, OCGA 40-6-93, and OCGA 40-6-96

Failing to Obey a Traffic Official

OCGA 40-6-2

Conducting a Police Chase in a Reckless Manner

OCGA 40-6-6

Failing to Change Lanes to Give Space for Parked Emergency Vehicles and Construction Workers

OCGA 40-6-16 and OCGA 40-6-75

Tampering with or Stealing Road Signs

OCGA 40-6-26

Failing to Maintain One Lane

OCGA 40-6-40 and OCGA 40-6-48

Going the Wrong Way on a One-Way Road

OCGA 40-6-47 and OCGA 40-6-240

Driving a Tractor-Trailer or Bus in the Far-Left Lane(s)

OCGA 40-6-52

Failing to Yield to Emergency Vehicles

OCGA 40-6-74

Making an Improper U-Turn

OCGA 40-6-121

Failing to Exercise Due Caution Near Railroad Crossings

OCGA 40-6-140 and OCGA 40-6-142

Driving Too Slow in the Fast Lane

OCGA 40-6-184

Failing to Slow and Exercise Caution in Construction Zones

OCGA 40-6-188

Obstructing an Intersection

OCGA 40-6-205

Failing to Secure all Loads

OCGA 40-6-248.1 and OCGA 40-6-254

Driving Recklessly

OCGA 40-6-390

Causing Serious Injury by Vehicle

OCGA 40-6-394

Running a Red or Yellow Traffic Light

OCGA 40-6-20, OCGA 40-6-21, and OCGA 40-6-23

Traveling Too Close to Other Vehicles

OCGA 40-6-49

Running Stop and Yield Signs

OCGA 40-6-72

Failing to Yield to Other Vehicles

OCGA 40-6-70 and OCGA 40-6-73

Driving on the Shoulder, Gore, or Other Prohibited Areas

OCGA 40-6-50

Fleeing Police Officers

OCGA 40-6-395

Road Rage

OCGA 40-6-397

Tampering with Traffic Signals

OCGA 40-6-25, OCGA 40-6-17, and OCGA 40-6-396

Driving on the Wrong Side of the Road

OCGA 40-6-40 and OCGA 40-6-45

Passing Another Vehicle Improperly

OCGA 40-6-42, OCGA 40-6-43, OCGA 40-6-44, and OCGA 40-6-46

Going the Wrong Way in a Roundabout

OCGA 40-6-47

Turning the Wrong Way at an Intersection

OCGA 40-6-71 and OCGA 40-6-120

Failing to Yield to Funeral Processions

OCGA 40-6-76

Failing to Use Turn Signals

OCGA 40-6-123

Failing to Stop First Before Exiting a Parking Lot

OCGA 40-6-144

Drag Racing

OCGA 40-6-186

Parking a Vehicle in an Unsafe Place

OCGA 40-6-202

Driving a Vehicle with an Obstructed View

OCGA 40-6-242

Laying Drags or Intentionally Making Skid Marks

OCGA 40-6-251

Intentionally Striking and Killing a Person with a Vehicle

OCGA 40-6-393

Failing to Follow Pedestrian Traffic Signals

OCGA 40-6-22

Failing to Drive Motorcycles Safely

OCGA 40-6-310 and OCGA 40-6-311

If there is evidence that an at-fault driver committed one of the above violations, the jury will likely be read the following law at trial:

The plaintiff contends that the defendant violated certain laws or ordinances. Such violation is called negligence per se, which means negligence as a matter of law. It is your duty to decide whether such violation took place or not.

This means that if you successfully prove that the alleged violation took place, then negligence is established and you only have to prove that your injuries were caused by the negligent act.

How Can You Lose a Car Accident Case in Atlanta, Georgia?

After a car accident, proof of an injury does not automatically create liability on the other driver.  People are injured in car accidents every day and do not receive any type of compensation.  In some cases, the injured person does not receive the compensation they were likely entitled.  There are many reasons why people lose car accident claims.  Here are the most common ways that a case is lost.

Failing to Bring a Claim in Time Can Result in a Complete Bar of the Claim

Georgia has a two-year statute of limitation for most personal injury lawsuits after a car accident.  A statute of limitation provides the maximum period of time in which a civil lawsuit must be started or it is forever barred. The purpose of a statute of limitation is to prevent an injured party from delaying the commencement of an action.  Over time, evidence is lost, memories fade, and witnesses move away or die. This is why it is important to bring a personal injury claim as soon as possible.

The Doctrines of Contributory Negligence and Comparative Fault Can Limit Recovery After a Car Accident

Contributory negligence is a common defense used in car accident cases.  The defense of contributory negligence claims that you failed to keep an adequate lookout of your surroundings or otherwise did something that contributed to the accident, and you should be disqualified from recovering. If a defendant is successful in a contributory negligence defense, you will not recover any damages.  The contributory negligence doctrine is extremely harsh and intended to be cruel to injured people.  It is currently only used in North Carolina, Alabama, Maryland, Virginia, and Washington D.C.

A majority of states, including Georgia, have adopted a “comparative negligence” system.  For states that have adopted comparative negligence, the jury compares the plaintiff’s negligence to the defendant’s negligence and applies percentages to each.  Depending on the state, the Court either reduces the total recovery by the percentage assigned to the Plaintiff or rules in favor of the Defendant if the percentage assigned to the Plaintiff is over a certain amount.

Georgia’s comparative negligence rule is codified under O.C.G.A. 51-12-33: Reduction and apportionment of award or bar of recovery according to percentage of fault of parties and nonparties:

Where an action is brought against one or more persons for injury to person or property and the plaintiff is to some degree responsible for the injury or damages claimed, the trier of fact, in its determination of the total amount of damages to be awarded, if any, shall determine the percentage of fault of the plaintiff and the judge shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her percentage of fault. … The plaintiff shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed.

Alternatively stated, if the plaintiff is found to be 50% or more negligent when compared to defendant(s), then he is barred from recovering anything in Georgia.  If the plaintiff is instead found by the jury to be 40% at fault, he would still be entitled to recover 60% of his damages(100% minus 40%).

Here is an example:

Famous Atlanta rapper Ludacris is looking for a parking spot.  He encounters an open parking spot and prepares to turn into the spot.  Unfortunately, another Atlanta rapper, Usher approaches from the opposite direction and also wants the spot.  Both drivers see the other and know that proceeding will cause an accident.  Nonetheless, they both attempt to turn into the spot and they crash into each other.

If Ludacris attempts to sue Usher, it is likely that the jury will determine that he is equally at fault for the accident.  If so, Ludacris would be 50% at fault for the accident and will not be entitled to recover anything.  However, if the jury determines that Ludacris is only 40% responsible for the accident because he arrived at the spot first, Ludacris would be entitled to recover 60% of his damages (100% minus 40%).

Assuming the Risk of Injury Bars a Recovery After a Car Accident

Assumption of the risk is another defense frequently seen in car accident cases.  Like comparative negligence, assumption of the risk is very difficult to prove.  A defendant asserting an assumption of the risk defense has the burden of establishing that the plaintiff had actual knowledge of the danger, understood and appreciated the risk, and voluntarily exposed his or her self to the risk. 

Actual knowledge is required to show an assumption of the risk.  Even where there is evidence to show that one party could or might have discovered and avoided the risk, the defense cannot be presented to the jury.  This is because the knowledge requirement does not refer to an injured persons’ comprehension of general, non-specific, risks that might be associated with such conditions or activities.

Nonetheless, if the fact finder finds that the plaintiff had actual knowledge of the hazard and voluntarily assumed the risk of injury, then that is a complete bar to the plaintiff’s recovery.  Here is an example from a recent case in Georgia:

Wilson has prior knowledge that her neighbor’s dog, Baby, had previously bitten one of her neighbors.  Wilson also has years of experience with dogs.  In the past, to avoid injury, Wilson had broken up dog fights using a stick.  Despite this knowledge, Wilson attempts to break up a dog fight between Baby and her own dog with her bare hands. 

While attempting to break up this fight, Wilson was bitten by Baby and seriously injured.  Because of Wilson’s prior knowledge, and because Wilson voluntarily engaged in an obviously dangerous activity, Wilson has assumed the risk and cannot recover for her injuries as a matter of law.

Saulsbury v. Wilson, 348 Ga. App. 557, 561, 823 S.E.2d 867, 870 (2019)

Government Entities are Sometimes Immune from Liability

This is an area of law that is too broad to be covered in this article.  However, please know that where there is a possibility that a government employee or entity was partially responsible for an accident, special rules apply.  There are different deadlines for presenting claims, different rules for filing suit, and limits on who can be sued.

Atlanta Georgia Car Accident FAQ

How Long Do I Have To Report The Accident?

Every state has different statutes of limitations for car accidents.  In the state of Georgia you have 2 years to report the accident to your insurance, and file a lawsuit for injuries.  

In most cases, you have 4 years to file for damage to property.  This would allow you to sue for personal items destroyed in the accident along with the cost of car repairs. 

Do I Have To Call The Police After A Minor Accident?

Yes, you are required by law to report accidents to police if the damage appears to exceed $500 dollars or if anyone is injured.  It can be difficult to tell if anyone is hurt after an accident, so it’s a safer practice to always call the police to document the incident. Failure to report an accident may limit your ability to collect from insurance and make it impossible to establish who was at fault for the accident. 

In Rear-End Collisions, Are The Rear Drivers Always At Fault?

In the state of Georgia, the rear driver is presumed to be at fault unless adequate evidence is presented to prove otherwise.  The logic is that the rear driver is responsible for maintaining an appropriate following distance.  With that said, if evidence can be provided to prove the lead driver was at fault or that the accident was unavoidable and not due to anyone’s individual negligence fault may be shifted or shared between both parties. 

What Do I Do If The Other Motorist’s Insurance Adjuster Asks For A Statement?

You do not have any obligation to give a statement to their insurance company, and should not.  It’s possible that you may accidentally make a comment that puts your claim in jeopardy.  If you mention that you don’t remember details of the event clearly or feel injured at the time, those comments may be used against you to limit the compensation you may be entitled to.

Contact Our Experienced Atlanta Car Accident Lawyers

With years of experience handling all types of motor vehicle accident claims, you can put your trust in our firm. Contact us today for a free initial case consultation. We know what it takes to get results, protect your rights, and hold negligent parties accountable.