Brookhaven Car Accident Lawyers

Hurt in a Car Wreck in Brookhaven? Contact Us Today for a Free Case Evaluation

At Stewart Miller Simmons Trial Attorneys, our Brookhaven auto accident lawyers are nationally-recognized, award-winning advocates for victims and families. With more than 2,000 cases won and more than $1 billion awarded on behalf of our clients, our legal team gets results when it matters most. If you or your family member was hurt in a serious collision, we are here to help. Contact us today for a free, no obligation, and fully confidential consultation with an experienced Brookhaven auto accident attorney. 

Know What to Do After a Serious Car Accident in Brookhaven, Georgia

The aftermath of a bad car crash in Brookhaven or elsewhere in DeKalb County is stressful. By knowing the steps to take, you can rest easy with confidence that your rights and interests will be properly protected. Here are four things that you should do after a traffic collision in Brookhaven: 

1. Bring Your Vehicle to a Stop and Contact Law Enforcement: Safely bring your vehicle to a complete stop at the scene or as close to it as possible, ensuring you do not obstruct traffic more than necessary. Turn on your hazard lights to alert other drivers and if it’s safe, set up warning triangles or flares to further secure the area. Report the crash to the Brookhaven Police Department or another state or local law enforcement agency. 
2. Get Immediate Medical Attention for a Doctor: Even if you believe your injuries are minor or you feel fine, seek medical attention immediately as some injuries may not be immediately apparent. Visit the nearest emergency room or your family doctor as soon as possible after the accident for a thorough evaluation. Keep all medical records. 
3. Thoroughly Document the Automobile Accident: Use your smartphone or a camera to take detailed photos of the accident scene, including all vehicles involved, any visible damages, road conditions, and traffic signs or signals. Exchange information with the other driver(s), including names, contact details, insurance information, and vehicle registration numbers. Collect contact information from witnesses and make note of any relevant details they provide about the accident. 
4. Talk to an Attorney Before an Insurance Company: Before making any statements or accepting settlements from insurance companies, consult with a personal injury attorney who has experience in car accident cases in Brookhaven. Your lawyer can help you understand your rights, your responsibilities, and your legal options

Most Common Types of Car Accidents in Brookhaven (We Handle Them All)

Car accidents are a significant concern on roadways worldwide. The Georgia Department of Public Health reports that accidents are the second leading cause of hospital-required injury in our state. Crashes happen for many different reasons. Some of the most common types include: 

• Rear-end Collisions: These occur when a vehicle crashes into the one in front of it. Rear-end collisions are often caused by tailgating and/or sudden braking/ 
• Side-impact Collisions (T-bone): These happen when the side of a vehicle is hit by the front or rear of another, typically at intersections.
• Head-on Collisions: These involve the front ends of two vehicles hitting each other. These are among the deadliest crashes due to the extreme force. 
• Rollovers: These crashes feature a vehicle flipping over onto its side or roof. Notably, high vehicles, such as SUVs, are more susceptible due to their center of gravity.

What You Need to Know About the Comparative Fault System in Georgia

If you are in a car accident in Brookhaven , the law looks at who is at fault. These cases are governed by Georgia state law—and we live in a fault-based motor vehicle accident jurisdiction. For this and other reasons, it is vital to look into every car crash in Brookhaven carefully. The person who is found to be at fault has to pay for the damages caused by the accident. How is fault determined for a car crash? It is usually based on negligence. Negligence in Georgia is defined as the failure to take reasonable care. Some common examples include: 

• Speeding; 
• Distracted driving; 
• Inattentive driving; 
• Running red lights; 
• Following too closely; and
• Intoxicated driving. 

Georgia has a special statute in place that establishes a modified comparative negligence standard. Under O.C.G.A. § 51-12-33, even if you are partly to blame for your own accident, you can still get some money for it. However, the amount you get will be reduced in degree to your level of blame for the crash. If you are found to be 30 percent at fault for an accident in Brookhaven and you have $10,000 in damages, Georgia law would hold 30 percent liable and only allow you to recover for 30 percent ($7,000) of your own damages. Every little bit of fault counts.
Caveat: Georgia has a rule that says if you are 50 percent or more to blame for the accident, you can’t get any money from the other person involved through a fault-based claim.

What Evidence Can Be Used to Prove Fault in a Car Accident Case in Fulton?

Evidence is the foundation to any fault based personal injury claim—and car crashes are certainly no exception to the rule. A wide range of different types of evidence can be used to establish fault (liability) in a car accident claim in Georgia. Here are some of the most notable examples of evidence that may be key as part of your claim in Fulton County: 

• Police Reports: These documents offer an unbiased third-party perspective of the accident, often including the officer’s observations and conclusions about who was at fault.
• Witness Statements: Eyewitnesses can provide accounts that may support your version of the events, offering critical insights into how the accident occurred.
• Photos (and Video): Images or video footage of the accident scene, including vehicle positions, traffic signals, road conditions, and any visible damages, can be instrumental. 
• Traffic Camera Footage: Many intersections in Fulton are equipped with traffic cameras. The footage may even show the exact moment of the collision. 
• Vehicle Damage Reports: Assessments of the damage to the vehicles involved can indicate the impact’s direction and force, helping to reconstruct the accident.

Expert Testimony: Accident reconstruction experts can provide authoritative opinions that support your case, offering reliable interpretations of the evidence.

Know the Deadline: A Two-Year Statute of Limitations for Auto Accident Injury Claims

Under Georgia law (O.C.G.A. § 9-3-3), there is a two-year statute of limitations for motor vehicle accident injury claims. After a crash in Brookhaven, you will generally have two years from the date of the crash to file a lawsuit for a personal injury. There are very few exceptions to the rule. Although that may seem like a lot of time to get started, you do not want to get behind in the claims process. Insurance companies are always proactive in building a defense. Get help from a top Brookhaven, GA auto accident lawyer as soon as you possibly can after a bad collision. 

We Fight for the Maximum Compensation for Car Accident Victims in Brookhaven, GA

Were you or your loved one involved in a bad motor vehicle collision in Brookhaven? You deserve full and fair financial compensation for your damages. You need financial support to pay your bills and support your family. Unfortunately, obtaining a full settlement offer from an insurance company can be challenging. Insurers fight hard to pay out less. At Stewart Miller Simmons Trial Attorneys, we go above and beyond to help our clients secure the absolute maximum financial compensation. Along with other damages, you may be entitled to recover monetary relief for: 

• Property damage, including vehicle repairs; 
• Ambulance costs and emergency room care; 
• Hospital bills and other medical expenses; 
• Lost wages and diminishment of earnings; 
• Pain and suffering and mental anguish; 
• Disability, disfigurement, or physical impairment; and
• Wrongful death of an immediate family member. 

Auto Accident Claims in Brookhaven: Frequently Asked Questions (FAQs)

Should I Hire a Lawyer for My Auto Accident Claim?

Yes. If you suffered a physical injury or there is a dispute over liability, you should consult with a Brookhaven auto accident attorney. Among other things, your lawyer can investigate your crash, protect your rights, and handle settlement negotiations with insurers. 

What is the Average Settlement for a Car Accident in Georgia?

The average settlement for a car accident varies based on a number of different case-driven factors. In that way, there is no true “average” settlement. You deserve financial compensation for the full value of your losses, including medical bills, lost wages, and pain and suffering. 

Will My Auto Accident Case Go to Trial?

Litigation is possible—though relatively uncommon in motor vehicle accident claims in Georgia. A far higher percentage of car accident injury claims are settled. A Brookhaven, GA auto accident attorney can help you seek a full and fair settlement offer. At the same time, it is best to work with a trial-tested attorney who can fight for you and your family in court if needed. 

Why Rely On Our Brookhaven Car Accident Lawyers 

Dealing with the aftermath of a serious car accident is never easy. The big insurance companies are not on your side. At Stewart Miller Simmons Trial Attorneys, we are proactive and justice-focused. With us, you will get access to a Brookhaven auto accident lawyer who can: 

• Hear what you have to say and answer questions about the legal claims process; 
• Investigate your car crash in Brookhaven, with careful attention to the small details; 
• Handle the insurance paperwork and represent you in settlement negotiations; and
• Develop a strategy designed to help you secure the maximum financial support. 

Your case matters. Every person deserves personalized guidance and support from their attorney. We have a well-documented record of client reviews and case results, you can trust our Brookhaven car accident lawyers for top-tier legal representation in a high stakes case. 

Contact Our Brookhaven, GA Auto Accident Attorney Today

At Stewart Miller Simmons Trial Attorneys, our Brookhaven car crash lawyers put the rights and interests of victims first. Call us at (404) 529-3476 or contact us online for your free, no strings attached case review. We handle the full range of motor vehicle accident claims in Brookhaven, DeKalb County, and throughout the surrounding region in northeastern Atlanta.