Navigating through Georgia’s complex car accident laws can feel like an uphill battle. But local attorneys who specialize in these cases speak this legal jargon fluently.
We will show you how are seasoned Savannah lawyers represent victims, deal with insurance companies post-accident, recover losses such as wages and medical expenses. We even discuss the more intricate topics like product liability and premises liability tied to accidents.
Were You Involved in a Car Accident in Savannah, GA?
Choosing a Savannah car accident lawyer is crucial for several reasons. Primarily, a Savannah car accident lawyer has an in-depth comprehension of Georgia’s automobile collision regulations and how they relate to your situation. This knowledge allows us to navigate the legal landscape with ease and ensure that your rights are protected.
Additionally, a our lawyers are familiar with the local court system, judges, and insurance companies. This familiarity can be a significant advantage when negotiating with insurance companies or presenting your case in court. Our car accident attorneys know the tactics that insurance companies may use to try and minimize your claim and can counteract them effectively.
Furthermore, our Savannah car accident lawyers have experience handling similar cases and know the best strategies to pursue maximum compensation for your injuries and damages. We will gather evidence, interview witnesses, consult with experts, and build a strong case on your behalf.
Lastly, hiring a Savannah car accident lawyer allows you to focus on your recovery while our team of professionals handle the legal aspects of your case. Coping with insurers, bureaucracy, and legal processes can be daunting, particularly when you’re attempting to heal from your traumas. Having a lawyer by your side alleviates this burden and gives you peace of mind.
What to Do After a Car Accident in Savannah
In the event of a car accident in Savannah, it is essential to take certain steps to safeguard your rights and maximize chances of receiving fair compensation. These can help protect your rights and potentially improve your chances of receiving fair compensation.
Ensure Safety First
Your first priority after an accident should be safety. If possible, move your vehicle out of traffic to prevent further damage or injury. Leave the location of the accident without delay; otherwise, it could lead to accusations of fleeing the scene.
Contact Authorities Immediately
You need to report the incident promptly to Savannah authorities. They’ll document everything at the scene which is important for any future legal action.
Gather Information and Evidence
Gathering information starts with exchanging details with all involved parties – name, contact info, insurance details etc., but also get witness contacts if there are any around. Snap photos too; they give visual proof about what happened.
Seek Medical Attention
No matter how minor injuries might seem initially after an accident – always seek medical attention right away. Some injuries like whiplash or internal bleeding may not show symptoms immediately so having documentation from a healthcare professional will support any claims later on.
Notify Your Insurance Company
Contact your insurance company as soon as possible to report the accident. They’ll start processing your claim and guide you on next steps.
Keep Track of Expenses and Damages
This includes medical bills, repair costs for vehicle damage, loss of earnings if unable to work due to injuries sustained etc. It’s also wise to keep a diary documenting pain levels or emotional distress caused by the incident – this could contribute towards any future compensation.
Understanding Savannah, GA Car Accident Laws
If you’re driving in the beautiful city of Savannah, Georgia, knowing local car accident laws is crucial.
Georgia is an At-Fault State
Savannah follows Georgia’s at-fault system. The driver and their insurance company are liable for any damages resulting from an accident caused by the driver, as per Georgia’s at-fault system. Car accident victims are not required to file a claim against their own insurance.
Negligence Law: Modified Comparative Fault Rule
Georgia applies the ‘Modified Comparative Fault Rule’. Under this rule, as long as you’re less than 50% responsible for the accident, you can recover some damages. However, your compensation will be reduced by your percentage of fault. If you are found to be 50% or greater at fault in a car accident you are not able to recover any damages. It sounds complicated but don’t worry; experienced lawyers can help guide through this process.
No Pay No Play Regulation
Injured parties can, with certain exceptions, sue the person at fault even if they were uninsured at the time of the accident.
As Georgia doesn’t have a “no pay, no play” law, uninsured drivers are able to file accident claims. In states with “no pay, no play” laws, uninsured motorists are responsible for covering their own injuries (and the other driver’s injuries) out of pocket.
In the same way as if you had insurance, you would file your claim with the other driver’s insurer.
Mandatory Auto Insurance Coverage
A driver may not operate a vehicle unless it carries at least $25,000 in liability insurance for bodily injury or death of one person, $50,000 per accident if more than one person sustained bodily injury or death, and $25,000 in property damage coverage. As a result of a car accident, a person who suffers a personal injury will receive a basic level of protection called “minimum limits.”
Reporting Car Accidents
If you’re involved in a car crash, Georgia law obliges you to report it if there are injuries, death or property damage exceeding $500. It’s not just about being on the right side of the law – timely reporting can also be beneficial when making insurance claims or seeking legal help.
Common Causes of Car Accidents in Savannah
Savannah, known for its historic charm and scenic streets, also sees a significant number of car accidents. Understanding the common causes can help drivers stay alert and avoid potential hazards.
Distracted Driving
Among the top culprits is distracted driving. In our digital age, the National Highway Traffic Safety Administration (NHTSA) states that cell phone use while driving has become an alarming trend contributing to road accidents.
In addition to texting or talking on the phone, other distractions like eating, adjusting radio dials or GPS systems also divert attention from the road.
Speeding
The Georgia Governor’s Office of Highway Safety reports speeding as another leading cause. Drivers often underestimate how speed can drastically reduce their reaction time resulting in severe collisions when unexpected situations arise on Savannah roads. In 2021, 369 fatalities were a result of speed related accidents.
Impaired Driving
CDC data shows impaired driving, whether due to alcohol consumption or drug use, both legal prescription drugs and illegal substances, as another key contributor towards car crashes.
This underscores why it’s essential not just for your safety but everyone else’s too, to never drive under influence.
Faulty Vehicle Parts
Vehicle malfunctions such as faulty brakes or worn-out tires which could lead to catastrophic incidents if overlooked are another major cause of Savannah car accidents. A study by NHTSA found defective auto parts responsible for 44,000 accidents annually.
Regular vehicle maintenance is not just about saving on repair costs, it’s also a crucial step in accident prevention.
How a Savannah Car Accident Lawyer Can Help
Navigating a motor vehicle crash can be demanding and bewildering. But, having an experienced car accident lawyer by your side can make things much easier for you.
The Role of An Injury Lawyer
An injury lawyer plays multiple roles to help clients navigate through the complex legal process after a car accident. They represent you in court, negotiate with insurance companies on your behalf, and fight for fair compensation.
Apart from these basic responsibilities, they also conduct thorough investigations into the accident to gather all necessary evidence. This could involve obtaining medical records or working with experts like forensic scientists.
Negotiating With Insurance Companies
Injury lawyers have years of experience dealing with insurance adjusters. They know how to counter lowball settlement offers that don’t fully cover damages such as medical expenses, lost wages, pain and suffering etc.
Their negotiation skills are especially crucial when dealing with underinsured or uninsured motorists where settlements may not be straightforwardly offered by insurance companies due their policies limitations.
Filing A Car Accdident Lawsuit If Necessary
If negotiations fail or if there’s dispute about who’s at fault in the accident – filing lawsuit might become inevitable. Your lawyer will guide you through this daunting process too – preparing legal documents required to start litigation while ensuring adherence towards strict deadlines imposed by courts’ procedural rules.
Easing The Stress Of Legal Proceedings
- Your attorney deals directly with other parties so that it eases pressure off your shoulders. This allows you to focus more on recovering from the accident’s physical and emotional impact.
- Having someone knowledgeable by your side gives a sense of security because they can answer all questions about legal procedures, potential outcomes or even just general advice during this challenging time.
Aiding in Recovery
Injury lawyers also work closely with medical professionals to ensure that their clients receive the best care possible. They facilitate access to medical treatment, even for those without health insurance or who are unable to pay up front.
When healthcare pros and lawyers team up, they paint a full picture together.
Types of Damages Recoverable After a Savannah Car Accident
After being involved in a car accident, you may be facing an array of costs. These can range from medical expenses to repair bills for your vehicle. The good news is that with the help of a Savannah car accident lawyer, you could recover these damages.
Economic Damages: The Tangible Costs
Economic damages refer to the tangible losses you’ve incurred because of the accident. This includes out-of-pocket expenses such as:
- Medical and rehabilitation bills – covering everything from emergency room visits to ongoing physical therapy sessions.
- Lost wages – if your injuries prevent you from working or reduce your capacity to earn income.
- Vehicular damage repairs – addressing all harm inflicted on your vehicle during the incident.
The goal here is straightforward – making sure victims aren’t left pocketing hefty bills after an unfortunate event they didn’t cause.
Non-Economic Damages: Compensating Your Pain and Suffering
Apart from visible financial losses, accidents often bring about emotional distress, pain, suffering, and loss of enjoyment in life—these are considered non-economic damages. For instance:
- Pain and suffering due to physical injury and mental anguish post-incident,
- Losses stemming from inability to enjoy hobbies or perform activities once partaken before getting injured,
Your Savannah car accident lawyer will work tirelessly fighting for compensation that recognizes this significant aspect of recovery.
Punitive Damages For a Car Accident
Georgia law permits punitive damages in certain situations. If the at-fault party’s behavior was exceptionally reckless or malicious, a court might award these damages to punish them and deter others from acting similarly.
The Role of an Experienced Car Accident Lawyer
Looking for a pro? Consider hiring an experienced hand to get the job done right.
Statute of Limitations for Filing a Claim After a Savannah Car Accident
The clock starts ticking right after your car accident in Savannah, Georgia. An imperceptible clock is ticking away, counting down the days until you have to submit a claim for any harms or losses caused by your car accident in Savannah, Georgia. This countdown is known as the statute of limitations.
In Georgia, that countdown usually lasts two years from the date of the accident. However, certain circumstances can extend or shorten this period.
Navigating The Two-Year Rule
This standard time frame applies to both personal injury and property damage claims arising from auto accidents in Savannah. If someone fails to file within these two years – they lose their right to sue forever. But remember; no two cases are identical so always consult with an experienced lawyer about your specific situation.
A caveat though: if a government entity is involved (say city bus rammed into your car), then different rules apply – only six months.
Circumstances That Can Change The Statute Of Limitations
Sometimes life throws curveballs that make it impossible to stick strictly within those deadlines set by law.
- If you were under 18 at the time of crash- legally considered ‘minors’- laws allow extra time till reaching adulthood before starting count-downs on legal actions.
- In case one becomes mentally incompetent post-crash due disabilities caused during incident- similar provisions exist like minors’ rule above.
- Lastly when person causing wreck leaves state without notifying proper authorities (hit-and-run) -the clock pauses until they’re back in Georgia.
While these exceptions exist, it’s still crucial to start the legal process as soon as possible. Time can blur memories and make evidence disappear – making your case weaker.
The Discovery Rule: A Special Consideration
Injuries caused by a vehicular collision may not become apparent immediately; there could be hidden internal harm or mental trauma that takes time to manifest. You might have an internal injury or brain trauma that takes time to reveal itself. But don’t worry – Georgia law has your back with the ‘discovery rule’. This means the clock on the statute of limitations doesn’t start ticking until you spot these symptoms.
Proving Negligence After a Car Accident in Savannah, GA
Negligence plays a pivotal role in car accident claims. It’s not just about the occurrence of an accident; it is essential to demonstrate that the other driver was responsible. This concept is also known as proving negligence.
The Four Elements of Negligence
To get compensation, you need to demonstrate four key elements of negligence: duty, breach, causation, and damages.
Duty: Every driver has a legal obligation or “duty” to act responsibly on the road and avoid causing harm to others.
Breach: If someone fails their duty by acting carelessly (for example: speeding or texting while driving), they’ve breached that duty.
Gathering Evidence To Prove Negligence
You’ll need solid evidence when fighting for your rights after a car accident. Here are some useful tips:
- Capture photographs from different angles showing vehicle damage, skid marks on roads, traffic signs nearby etc.
- Contact witnesses who were present during the incident and gather their testimonies supporting your claim. Witnesses can be critical in auto accidents cases.
The Role Of Police Reports In Proving Negligence
A police report often holds significant weight in car accident cases. It typically includes the officer’s observations, diagram of the accident scene, and sometimes even their opinion about who was at fault.
Make sure to get a copy of this report for your records as it can serve as an important piece in proving negligence.
The Comparative Negligence Rule
In some states like Georgia, they use what’s known as “comparative negligence”. This means if you were partly responsible for the accident (say 20%), your compensation would be reduced by that percentage.
This is why it’s essential to gather robust evidence and build a strong case against the other party involved in the incident.
Common Defenses Used by Insurance Companies After A Car Accident
Insurance companies strive to turn a profit. So, when a car accident occurs, they often use common defenses to minimize payout or deny claims altogether.
Comparative Negligence Defense
In Savannah, Georgia’s comparative negligence law, if you’re found partially at fault for an accident, your compensation can be reduced. This gives insurance companies incentive to argue that you contributed to the crash.
This tactic is not unlike arguing over who should clean up after dinner: “You cooked so I’ll wash dishes,” but then pointing out that since you also helped chop vegetables, you should help with dish duty too.
Lack of Medical Evidence Defense
The second most used defense involves questioning medical evidence. Just like a picky eater inspecting their food before eating it; insurance adjusters scrutinize every piece of medical documentation provided.
If they find any gaps in treatment or feel the injury severity doesn’t match the reported pain levels, they might claim injuries aren’t as serious as stated or weren’t caused by the accident itself. That’s why keeping thorough records and getting timely treatments are vital after an accident.
Prior Injury Defense
Akin to blaming yesterday’s gym session for today’s backache rather than heavy lifting done this morning; insurers may try suggesting pre-existing conditions were actually responsible for post-crash discomforts or disabilities instead of attributing them to recent accidents.
This is where experienced personal injury lawyers come into play—they know how these defenses work and have strategies ready on hand like a seasoned chef with recipes.
Failure to Mitigate Damages Defense
The last defense on our list is like being scolded for not putting a band-aid on your cut, allowing it to get infected. Insurance companies might argue that you failed in your duty to mitigate (or lessen) the damages after an accident.
This could be anything from delaying medical treatment, not following doctors’ orders or even returning back to work too soon. Again, maintaining comprehensive records and following professional advice becomes paramount here.
Benefits of Hiring an Experienced Savannah Car Accident Lawyer
After a car crash, you may be inundated with medical expenses, lost wages, and the strain of contending with insurance companies. But hiring an experienced injury lawyer can help ease this burden.
Adept at Navigating Legal Processes
An experienced Savannah Car Accident Lawyer, such as those from Shiner Law Group, is adept at navigating complex legal processes. They understand how to handle negotiations with insurance companies and are well-equipped to take your case to trial if necessary.
Their expertise also extends to accurately valuing claims based on factors like medical costs, rehabilitation expenses, property damage repairs or replacement costs plus any emotional distress suffered due to the accident. It’s often difficult for victims themselves assess these variables effectively.
Familiarity With Local Laws & Regulations
Savannah car accident lawyers have a thorough understanding of local laws related to car accidents in Savannah which could greatly impact your claim outcome. For instance, they would know all about Georgia’s comparative negligence law that allows injured parties who were partially responsible for their injuries still get compensation – but it reduces proportionally according to what percentage they’re found liable.
This nuanced knowledge not only helps build stronger cases but ensures that no stone remains unturned when seeking maximum compensation possible under state regulations for clients’ damages incurred during incidents caused by other drivers’ negligence or recklessness on roadways throughout the city area around here.
Pursuit Of Maximum Compensation
Shiner Law Group prides itself on pursuing maximum compensation for clients. This isn’t just about recovering medical expenses or lost wages, but also securing payment for pain and suffering, loss of life enjoyment, and other non-economic damages that you may not even realize are recoverable.
These savvy lawyers are pros at dealing with insurance companies, who usually try to pay the bare minimum.
