Following a car accident, you may be struggling to pay your bills, work, or recover a sufficient amount of compensation from the insurance company. If you are in this situation, it is your right to consult an MVA law firm in Atlanta, GA to explore your legal options.
Driver Negligence Defined
When a severe accident occurs that causes you or someone you know severe, especially permanent, injury, there are some cases where you or an MVA law firm Atlanta, GA residents trust can prove negligence on the part of the other driver. Each driver on the road has a responsibility to drive safely when around other drivers and pedestrians. As people usually do not intend on causing accidents, to prove negligence can require a complex analysis of the events leading to the incident, to prove that one driver was not following safety rules.
Proving fault is one important aspect to ensure your medical bills and other expenses are covered by the responsible party. Proving negligence can result in a larger settlement or may require a lawsuit to ensure the injured party is fairly compensated, especially if there are life-changing and debilitating injuries involved.
A driver is considered negligent when they have been knowingly driving in a careless or dangerous manner. This can include things like speeding, running a red light, not stopping for a pedestrian, texting or allowing passengers to be distracting. If the driver is proven to have been doing something that caused an accident and injuries to another driver or pedestrian, they become liable for all losses incurred. State laws provide some concrete guidelines as to possible negligent driving, including:
- Driving while on drugs or intoxicated
- Driving on the wrong side of the road
- Violating traffic laws such as right-of-way for other vehicles, bicycles and pedestrians
A car accident law firm in Atlanta, GA can help you to understand whether or not negligence is a factor, and if so, what your legal options may be.
Filing a Lawsuit
When a negligence claim is brought to court, the judge or jury will determine what a “reasonable” person would have done under the same circumstances of the accident. If the court decides that the party responsible for the accident did not reasonably follow safe driving practices or failed to do something that most other drivers would have done in that situation, they will likely be found guilty of negligent driving. As an MVA law firm in Atlanta, GA might explain to you, disobeyed traffic laws and rear-end collisions are often more easily proven than other scenarios.
As the injured party, you will be responsible for proving that your injuries and losses were caused by the accident. Be sure to keep details of the accident including photos and eyewitness contact information, as well as medical and auto shop bills. If you needed to take time off work or expect to never be able to return to the same position due to disabilities, you will have to bring evidence supporting these details as well.
While filing a lawsuit may not seem necessary, in many extreme cases simply filing a claim with the driver’s insurance company will not result in full coverage for your losses and medical bills. Sometimes a lawsuit is the best way to ensure you do not go into financial ruin for an incident that was not your fault to begin with.