QUESTION: What should I do if I am injured in a car wreck?
ANSWER: When you have been injured in a car wreck, you should:
- Report the accident to the police.
- Get names and contact information from any witnesses.
- If you are injured, seek medical attention quickly.
- Take photographs of the vehicles involved in the collision and of the accident scene.
- Report the accident to your insurance company and make sure that the accident is reported to the insurance company for the at-fault driver.
- Do not sign any releases or other documentation without seeking the advice of an attorney.
QUESTION: Does the issuance of a traffic citation by a police officer determine who was at fault in a later civil action between the parties?
ANSWER: Maybe. If the person who received the citations pleads guilty, that plea is admissible in the civil case. However, it is not dis-positive of the issue of fault in the civil case. It is only one piece of evidence.
QUESTION: I was in a motor vehicle accident and both myself and the other driver were at fault. I have significant injuries. Do I have a legal claim for my injuries?
ANSWER: Yes. Georgia is a modified comparative negligence state meaning an injured party can only recover if it is determined that the plaintiff's fault in causing the injury is 49% or less.
QUESTION: I was seriously injured in an automobile accident by a teenager who had been drinking. Unfortunately, he has very limited insurance coverage. Do I have any other recourse?
ANSWER: Possibly. It is important to investigate whether the teenager was served or provided alcohol by an establishment such as a bar or convenience store. If that is the case, you may be able to hold the bar or convenience store liable for violation of a Georgia Statute which prohibits serving alcohol to minors.
QUESTION: I was in a recent motor vehicle accident. The other driver was completely at fault. He is insured. What are the obligations of his insurance company with regard to the damage to my vehicle?
ANSWER: Assuming that your car is repairable (not a total loss) the insurance carrier for the adverse driver has three responsibilities. First, that carrier has a duty to pay the reasonable cost of repairs to your vehicle. Secondly, that carrier has the responsibility to pay for the reasonable cost of a replacement vehicle while your vehicle is being repaired. If your vehicle is not drivable, that responsibility begins at the time of the accident. Third, you are entitled to receive compensation for diminished value.