According to the National Highway Transportation Safety Administration (NHTSA), there are more than 1,000 traffic fatalities in Georgia each year. Sadly, most of these fatalities are senseless and easily preventable. They are typically caused by some form of driver negligence or recklessness; such as alcohol or speeding, and when they occur, the driver was responsible should be held accountable.
Car accidents are among the leading causes of injury and death in the United States. Every day, drivers are at risk of becoming involved in an accident. Unfortunately, when these accidents do happen, many drivers aren’t prepared for what comes next. Between navigating medical care and searching for legal help, injured drivers are often left with little time to spare for what truly matters – recovery.
Meticulous, diligent, and personalized approach to each case
Contingency fees – you don’t pay unless we win!
At Ross Moore II, P.C., our Atlanta car accident attorney can capably help you and your loved ones handle the situation in front of you. Our firm takes the time necessary to understand all aspects of your case, from the details of the accident scene to the specifics of your medical care. This enables us to craft a case that effectively fights for the best possible outcome on your behalf.
For more information regarding your case, contact our firm for a free initial consultation! We operate on a contingency fee basis, meaning that unless we win, you don’t owe us any legal fees.
WHAT ARE COMMON CAUSES OF CAR ACCIDENTS?
In order to obtain compensation that covers medical bills, pain and suffering, lost wages, and more, negligence must be established. Our car accident attorneys in Atlanta can thoroughly investigate your accident and determine who may be held liable for your injuries.
Auto accidents are often caused by the following:
Speeding: As the saying goes, “speed kills”, and this is especially true on the roadways. Exceeding the speed limit or driving too fast for conditions means drivers have less time to adjust and avoid a collision when adverse conditions arise. Crashes at higher speeds also tend to cause serious and fatal injuries.
Drunk Driving: Even after several decades of high-profile public awareness campaigns, far too many Georgians make the horrible and often fateful decision to get behind the wheel after having too much to drink. Drunk driving has been shown to cause slower reaction times and chemically alter a person’s state of mind, generally resulting in very poor driving decisions.
Distracted Driving: People seem to have a hard time staying off of their cell phones these days, and with the advent of smartphones, this has created an increasingly deadly situation on the roadways. Texting while driving and similar activities distract drivers visually, manually, and cognitively. The end result is that their focus is taken completely away from the road, causing them to miss important details such as a pedestrian crossing or another vehicle entering their blind spot.
Fatigued Driving: A surprisingly high number of motorists drive while drowsy or fatigued. Drowsy driving is especially common among commercial drivers, those who work long shifts, those who frequently travel between time zones, those with untreated sleep disorders, and anyone else who regularly does not get enough sleep. Like chemical impairment, drowsiness results in slower reaction times and poorer driving decisions; and of course, falling asleep at the wheel can lead to the most catastrophic consequences.
Bad Weather: Heavy rain, winds, ice, snow, and other forms of inclement weather can play a role in many car accidents. But oftentimes, drivers fail to properly adjust to adverse weather conditions, which is also a frequent contributor to these accidents.
Poor Road Design: Some accidents happen because of poorly designed roads and/or roads that are not properly maintained. When this is the case, those responsible for designing or maintaining the roadways can potentially be held liable.
Defective Automobile Parts: A car accident may be caused at least in part by a faulty vehicle or vehicle part that malfunctions in the wrong place at the wrong time. Examples include computer dashboard malfunctions, tire blowouts, and brake line failures.
As noted above, distracted driving is a major factor in many car accidents.
At Ross Moore Law, we have successfully represented numerous clients who have been injured in distracted driving accidents, and clients who have suffered all other types of personal injuries in the Atlanta area. We have secured millions of dollars in verdicts and settlements on behalf of our clients, and we are committed to providing the strong personalized representation they need and deserve.
We routinely go up against well-funded adversaries such as large insurance companies, and we are not intimidated by their vast resources. When it makes sense, we will look to negotiate a settlement that fully and fairly compensates our client without having to go to trial. However, if the other side is not willing to negotiate in good faith, we are ready and able to pursue full damages through litigation.
Here are just some of the ways that distracted driving accident victims can benefit by working with Ross Moore Law:
We provide free consultations and case assessments
Our clients work directly with our attorney, Ross Moore
We have won millions of dollars in compensation for our clients
We fully utilize the most up-to-date technology to help ensure a smooth and seamless legal process
We do not charge any attorney fees unless we recover compensation on your behalf
To learn more about your legal options, call us at (404) 491-8511. Our Atlanta auto accident lawyer is available to review your case for free.
THE DANGERS OF DISTRACTED DRIVING
According to the Centers for Disease Control (CDC), approximately nine people are killed and more than 1,000 people are injured each day in accidents that involve a distracted driver. Distracted driving can be any activity that draws a motorist’s attention away from the road. This may include:
Eating and drinking
Tuning a car radio
Handling a passenger
Reaching for a lost object
Staring at a sign or billboard
Talking on the phone
Reading a GPS navigation system
Sending a text
Watching a video
All of these and other types of distractions can be dangerous and can contribute to a crash under the wrong set of circumstances, but texting and other forms of electronic activity on a smartphone bring these dangers to a whole new level.
Texting while driving is extremely hazardous because it distracts a driver in three different ways; visually, manually, and cognitively. This means that the driver’s attention is pulled completely away from the road as they are focused on their phone, often causing them to miss important details, such as a vehicle moving into their blind spot or a pedestrian crossing the road in front of them.
PURSUING A DISTRACTED DRIVING ACCIDENT CLAIM IN GEORGIA
Texting while driving is illegal in Georgia, and those who violate this law can be fined $50 for their first offense, $100 for their second offense, and up from there. Unfortunately, this relatively small fine does nothing to compensate a victim who gets injured at the hands of a distracted driver. The only way for a victim to be made whole is through a civil action that seeks to recover monetary damages.
Those injured in distracted driving accidents can seek damages not only for direct monetary losses such as medical bills, lost wages, and loss of earning capacity, but also for noneconomic losses such as physical and emotional pain-and-suffering, diminished quality of life, and permanent injury. In more limited cases in which the actions of the at fault driver were willful, malicious, or grossly negligent, punitive damages may also be available as punishment for the wrongdoer and to help deter them and others from engaging in similarly egregious behaviors in the future.
Georgia uses a modified form of comparative negligence in personal injury claims, meaning that an injured party can still recover damages as long as they are less than 50% at fault for the underlying accident or event. However, any damages that are awarded are reduced in proportion to the percentage of fault they share in the accident.
GEORGIA STATUTE OF LIMITATIONS FOR CAR ACCIDENTS
How long do you have to file your personal injury claim after a car accident? According to Georgia Code section 9-3-33, plaintiffs have up to 2 years after their accident to file a personal injury claim. If you fail to file your lawsuit within that amount of time, your case will most likely be dismissed.
The only exception to this law is if someone was killed in the car accident and their family would like to file a wrongful death claim. In this case, the plaintiff would be allowed to file a wrongful death lawsuit up to 2 years after the date of the victim’s death.
ATLANTA CAR ACCIDENT FAQ
Is Georgia a Fault or No-Fault state? What does this mean?
The state of Georgia is a “Fault” state, meaning that a responsible party must be determined following a car accident. The at-fault driver will then be held responsible (first through their own insurance) for both personal injury and property damages resulting from the accident.
What types of compensation can be recovered through a Georgia car accident claim?
Compensatory damages from an auto accident can be broken into two general categories; economic damages and noneconomic damages. Economic damages are direct monetary losses that the victim incurs, such as compensation for medical bills, lost earnings, property damage, and funeral and burial costs. Noneconomic damages are for losses that are real but intangible; such as physical pain-and-suffering, emotional distress, diminished quality of life, disfigurement, and permanent injury.
In some limited cases, another category of damages may be applicable, known as punitive or exemplary damages. Punitive damages are not meant to compensate the victim, but rather to punish the wrongdoer and help discourage them and others from committing similarly egregious actions in the future.
Does the state of Georgia enforce damage caps for personal injury claims?
According to precedent set by a ruling by the Georgia Supreme Court in 2010 (Atlanta Oculoplastic Surgery, PC v. Nestlehutt, 691 SE 2d 218), there are no damage caps placed on compensatory damages. However, there is a cap of $250,000 on punitive damages (Georgia Code Title 51. Torts § 51-12-5.1).
Can I still recover damages even if I am partially at fault for an auto accident?
In some cases, yes. Under Georgia’s modified comparative negligence law, you can still recover damages as long as you are determined to be less than 50% at fault for the underlying accident. However, your damage award will be reduced in proportion to the percentage of fault you share. The insurance company is likely to attempt to pin some of the blame for the accident on you in order to minimize the amount of compensation they have to pay, and this is why it is very important to work with an experienced attorney who is 100% committed to looking out for your best interests.
OUR CAR ACCIDENT LAWYER IN ATLANTA CAN HELP YOU FIGHT FOR COMPENSATION!
When you are injured, you need an advocate you can trust. Unfortunately, the insurance companies are only invested in settling with you for as little as possible. With experienced legal help, you can pursue the compensation you are due.
Speak with our firm today about your legal options. At Ross Moore II, P.C., we firmly believe that those injured through no fault of their own should not be left to pick up the pieces alone. From the moment you meet with us, you will see first-hand that our clients are our top priority – and you are no exception.