DeKalb County Car Accident Lawyer
DeKalb County’s traffic has consistently ranked as some of the worst in America. There are plenty of reasons for this, from insufficient infrastructure to a booming population. But with so many people clogging up the streets and highways, one thing is certain: Serious car accidents are becoming more common.
At Hawkins, Spizman & Fortas, our DeKalb County car accident lawyers have many years of experience helping injury victims get the compensation they deserve. We have represented clients fighting against nearly every major insurance company, and know the tricks they use to lowball your settlement offer.
Don’t trust the insurance company. Trust the experienced DeKalb County injury attorneys at HSF Law Firm to get you the full compensation you deserve. Call us or fill out our online form for a free, no-obligation consultation today.
What You Need to Know About DeKalb County Car Accidents
In 2016, Georgia ranked 14th when it comes to having the most dangerous roads in the country. The state 15.1 road deaths per 100,000 residents. For comparison, Rhode Island was ranked the safest state, with just 4.8 road fatalities per 100,000 residents. In total, there were 1,554 road fatalities in Georgia in 2016 — the fourth most in the nation.
What’s more, Interstate 285 has been ranked the deadliest interstate highway in the country. Some of these accidents are due to inebriated and distracted driver, but by far the most dangerous aspect of I-285 is the presence of large trucks.
Clearly, driving around large trucks is a leading cause of truck accidents. But they aren’t the only cause. Other common causes of car accidents include:
1. Distracted Driving
Distracted driving is one of the main causes of fatal car accidents across the country. In fact, an estimated 3,000 people are killed in distracted driving accidents each year. In Georgia, 72 people were killed in distracted driving accidents in 2015.
Cell phones and other electronics are obviously the most well-known and common cause of distracted driving, but other distractions like billboards and children in the car can also be dangerous. In 2018, a new hands-free law was passed to curb distractions for drivers. The effectiveness of this law is still to be seen, especially considering the fact a first offense results in just a $50 fine.
2. Drunk Driving
Though distracted driving is a problem, drunk driving is a much more pressing issue. In 2016, 368 people lost their lives in drunk driving accidents in Georgia — 24 percent of all road fatalities. That same year, 10,497 people died in drunk driving accidents across the country, which accounted for 28 percent of all road fatalities.
In Georgia and 48 other states, the legal blood alcohol content limit is 0.08 percent (Utah recently dropped their legal BAC limit to 0.05 percent). Depending on how each person handles alcohol, knowing whether they’re too intoxicated to drive can be difficult. What’s more, alcohol often makes people more bold, which leads to them driving when they shouldn’t.
Speeding is an infraction we’ve all been guilty of at one point or another. Whether it’s racing down the highway or driving over the speed limit on a backroad, speeding is a real problem. In 2015, 268 people were killed in speed-related accidents in Georgia. Nationwide, that number was 9,557.
Speeding is dangerous for a variety of reasons. Perhaps the most obvious reason is that it reduces reaction time for drivers. But you are also much more likely to lose control of your vehicle at higher speeds, and protective equipment like airbags may become less effective. In short, speeding is deadly.
What to Do After a Car Accident in DeKalb County
If you are involved in a car accident in DeKalb County or the surrounding area, it’s important to keep your wits about you. There are certain steps you should take that could not only benefit your wellbeing, but also increase your chances of filing a successful personal injury lawsuit in the future.
First, check your own body for any injuries. If you have serious injuries, don’t move more than you need to. Instead, call 9-1-1 immediately and stay put. If you don’t have any serious injuries, check on the passengers in your car. Again, if they have any serious injuries, especially to the neck or head, DON’T MOVE THEM! Also check on the passengers in the other car, taking the same precautions.
If it’s possible, move the cars off the road and onto the shoulder. If the cars are inoperable, try to get yourself and your passengers to the shoulder and out of harm’s way. If you do plan on moving the cars, try to take a few photos of the scene before doing so.
Once everyone is in a safe location (or as safe as they can be), call 9-1-1. Not only should you request a police officer, but you should also request an ambulance. Even if you don’t think you are seriously injured, a medical professional can conduct a full evaluation to look for any injuries you may have missed.
When the police arrive, give them a full, unbiased statement. For instance, “The other driver struck my vehicle from the rear” is much better than saying, “The other driver was speeding and didn’t even see me when they hit me” — after all, you don’t know those details for sure. You will need to retrieve a copy of the police report after it’s filed.
While you’re at the scene, take as many photos as you can. Use your phone (or a camera, if you have one handy) to photograph damage to your vehicle, the other vehicle and any injuries you sustained. You should also take photos of road conditions, weather conditions, skid marks, street signs and anything else you may think is important. It’s always better to have too many photos than not enough.
You should also get the other driver’s information. This includes their name, contact information and insurance information. If possible, take a photo of their driver’s license. At the very least, take a photo of their license plate. Also talk to any witnesses about what they saw, and get their contact information as well.
What you should NOT do is apologize or admit fault in any way. Provide only the very basic information, such as your name and insurance information. Avoid any speculation or finger-pointing.
Unfortunately, you’ll need to report the car accident to your car insurance provider. You should do so as soon as possible. If you don’t report the accident, there’s a good chance your insurer won’t cover your bills, and filing a successful lawsuit later on can be much more difficult. What’s more, if you fail to report the accident, your insurer could decide to stop providing coverage.
Giving a statement to your insurer is similar to giving a statement to the police. Stick with the facts. Offer as little information as possible, especially regarding your opinion of what happened. Your insurer will be recording the call and looking for any way to reduce your settlement offer. If they ask any probing questions, tell them politely but firmly you’d like to speak to your attorney before answering any other questions.
If the EMTs who arrive on the scene recommend you go to the hospital, do it! At the hospital, doctors can use other tools like x-rays and MRIs to further diagnose your injuries. If you aren’t taken to the hospital, at least visit your doctor within a couple days to have your injuries evaluated. Otherwise, any injury that becomes apparent later could be blamed on some other incident.
Whether you go to the hospital or your doctor, always follow any treatment prescribed. That way, there’s no question that you were injured in the car accident. Keep record of any diagnosis you receive, as well as all of your medical bills — including from any ambulance ride. All of these records can be used by your DeKalb County car accident lawyer later on as evidence that you deserve greater compensation.
Under Georgia law, you have exactly two years from the time of the car accident to file a personal injury lawsuit. If you wait until after those two years have elapsed to file a lawsuit, it will almost certainly be dismissed. That’s why it’s important to talk to an DeKalb County car accident attorney as soon as possible.
One of the main factors your attorney will evaluate is who’s at fault in the accident. Georgia follows a modified contributory negligence statute. That means if you are found 50 percent or more at fault for your injuries, you won’t be able to recover any compensation. As such, your lawyer will evaluate all the evidence of the accident, including the police report, to determine if you have a viable case.
Talk to a DeKalb County Car Accident Attorney Today
If you’ve been in a car accident in DeKalb County, you have rights. At Hawkins, Spizman & Fortas, our DeKalb County car accident attorneys know how difficult this time can be. That’s why we always offer free, no-obligation consultations.
During your initial consultation, we’ll look at all the details of your case and help you decide whether we can help you. We’ll look at the settlement offered by your insurer and evaluate whether we can get you more compensation or not. If we can, we’ll advise you on the next steps in the lawsuit process.
If we don’t believe we can get you a greater amount than the insurance company has offered, we’ll let you know that, too. That way, you aren’t spending your time and money on a lawsuit that likely won’t be successful.
Call us or fill out our online form for a free, no-obligation consultation with our DeKalb County car accident lawyers today.