Automobile accident law is complex and can be difficult to navigate.
Even when it appears there is only slight damage to your vehicle, you can still suffer serious injuries that can disrupt your everyday life. What may initially appear to be a basic car accident case against a negligent driver defendant can quickly become complex litigation against multiple defendants. The circumstance of each auto accident case can be very different. It is important that the facts of your auto accident are investigated thoroughly to help you obtain maximum recovery. One car accident case may involve a negligent driver rear-ending you at a stop sign while another may involve a driver of a corporate work truck hitting you at an intersection due to the corporations negligence in maintaining the truck. Hiring an attorney that can investigate your case and determine all possible liable parties and insurers is critical.
Negligence and Factors Contributing to Car Accidents
In Georgia, according to the Office of Highway Safety, in 2016, the State of Georgia suffered 1,554 fatalities in motor vehicle accidents. Impaired driving killed 368 persons in those crashes, and 266 fatalities were related to speeding.
A number of factors can contribute to an auto accident, including texting while driving, speeding, DUI, prescription or illegal drug use, driver fatigue, and weather conditions. Recently, auto accidents caused by distracted driving are on the rise. Cell phones have become one of the biggest contributing factor to distracted driving accidents - texting, chatting, and emailing while driving - and has greatly increased the dangers on Georgia roads. These many possible contributing factors for which drivers can be found liable for negligence can add to the complexity of automobile injury claims.
Employers and corporations may also be responsible for the negligence of their employees driving a car for work purposes, and can be held additionally liable for negligent acts that contribute to a car accident. Employers may be held liable for Negligent hiring of driver, Negligent supervision of driver, driver fatigue due to scheduling, failure to secure cargo, Inadequate inspection of vehicles and Failure to maintain company vehicles.
Georgia City or State government, as property owners, have a responsibility to maintain roadways in reasonably safe condition for drivers and pedestrians who access such roadways and sidewalks. Property owners in Atlanta may be held liable for negligence that includes, Creation of hazards on the roadway, Failure to keep roadways in reasonably safe condition, Negligent design - leading to a heightened risk of injury, Improper placement of traffic signals.
Insurance Coverage and Uninsured or Underinsured Coverage
In determining how to proceed with your car accident case, it is important to determine all insurance coverage that may apply to your accident.
In Georgia drivers are required to carry minimum liability coverage of $25,000 for bodily injury or death to one person in any one accident, $50,000 for bodily injury or death to two or more persons in any one accident, and $25,000 for injury to or destruction of property.
In many cases, the at-fault driver may lack car insurance altogether or may not have adequate insurance to cover your damages and are therefore an “underinsured” motorist. Because Georgia state minimum coverage is only $25,000 many motorists are “underinsured” as people only carry minimum coverage to lessen their monthly premium. Unfortunately, it is injured plaintiffs who are hurt by the underinsured or uninsured status of defendant-drivers.
With UM coverage, you can offset the costs of a car accident if the negligent driver does not have enough insurance coverage to meet the expenses—your insurance policy will provide coverage for the damages. It also comes in handy when dealing with a hit-and-run situation or a pedestrian accident. UM coverage will also benefit passengers of cars that were struck by uninsured drivers.
Under Georgia law, insurers must offer UM coverage. If you do not wish to purchase it, you will have to put your rejection in writing when signing up for a policy. Your insurer is required to provide UM coverage in an amount equal to the liability insurance limits of your policy.
In Georgia, there are two types of UM coverage: “add-on” and “reduced-by” coverage. The default under current Georgia law is for add-on coverage; if you wish to purchase reduced-by coverage, you must put that selection in writing when you buy the policy.
Add-on coverage. This means you can “stack” your UM coverage on top of the at-fault driver’s insurance coverage. If they have $25,000 in bodily injury insurance and you have $25,000 in UM insurance, you can “stack” both policies on top of each other, giving you $50,000 in available funds.
Reduced-by coverage. This coverage only allows you to use your UM coverage to the extent it is more than the negligent driver’s liability limits. So, if at-fault driver had $50,000 in bodily injury coverage and your UM insurance has $100,000 in bodily injury coverage, you could use $50,000 of your coverage (the difference). But, if you both only had $50,000 in UM bodily injury coverage, you would not have available funds under your policy.
If you have more than one UM insurance policy available to you, you may be able to “stack” them on top of each other, as well.
It is important to contact any attorney that is competent in insurance coverage to determine all possible insurance policies that apply in your case to maximize your recovery.
Who is “at fault” for the accident - Modified Comparative Fault Doctrine
Georgia implements the doctrine of modified comparative fault, as opposed to the pure comparative fault doctrine or contributory negligence doctrine implemented by other states.
In personal injury cases, modified comparative fault is a doctrine where each party’s contribution of negligence is assigned as a percentage of the total fault. Once each involved party has been assigned a percentage of the total fault, they are liable to the plaintiff for their assigned percentage of the damages. The plaintiff may also be assigned a percentage of total fault under comparative fault (for example, if a plaintiff was texting and driving at the time of the accident, they may have contributed to the accident and may be assessed a percentage of fault).
Modified Comparative Fault bars a plaintiff’s recovery when the plaintiff reaches a certain percentage of fault. Specifically, in Georgia when a Plaintiff is responsible for 50 percent or more of the fault themselves they are not eligible for any compensation.
What Types of Damages are you Entitled to Recover?
Auto accident and truck accident victims may be entitled to significant compensation for their injuries caused by an at-fault defendant driver. Damages that you may be able to recover include:
Compensatory:
Past, present and future medical costs.
Lost wages and reduced earning capacity.
Pain and suffering.
Property damage.
Special damages:
Medical expenses for past, present and future costs.
Lost wages and earnings for past, present and future costs.
Disability for past, present and future costs.
General Damages:
Physical pain and suffering.
Mental pain and suffering, including emotional distress, shock, fright, and humiliation.
Punitive Damages
In some cases, Georgia law allows a jury to award punitive damages as a way to punish and penalize an at-fault defendant for his or her acts.