Fulton Car Accident Lawyers

Hurt in a Car Wreck in Fulton? Contact Us Today for a Free Consultation

At Stewart Miller Simmons Trial Attorneys, we are an award-winning law firm that is devoted to protecting the rights of injured victims and their families. Our Fulton car accident lawyers are skilled, experienced, and aggressive advocates for justice. Were you or your loved one hurt in a motor vehicle crash? We can help. Contact our personal injury team today for a free consultation with a top-rated Fulton auto accident attorney. 

What to do after a Car Accident in Fulton

Were you involved in a traffic collision anywhere in Fulton County? It is imperative that you know what to do to protect yourself and your rights. Insurance companies cannot be trusted for guidance. Here are four steps that you should take after an automobile accident: 

1. Stop Your Car and Call the Police: Safety comes first. As soon as you can safely do so, bring your vehicle to a stop and exchange information with other drivers in the crash. It is your duty under Georgia law. You should also report the crash to state or local law enforcement, such as the Fulton County Sheriff’s Office. 
2. See a Physician Immediately for Any Injuries: Do not overlook any injury, no matter how minor it seems. Common medical conditions in car accidents—including concussions and lower back pain—can worsen over time. You should always see a physician right away. If you do not have medical records, you will not be able to bring a successful car accident claim. 
3. Be Sure to Carefully Document the Crash: As auto accident liability is based on fault in Georgia, it is useful to have as much documentation as possible about your crash. Along with other things, you should take pictures, get details from other motorists, get witness contact information, and record your version of events. 
4. Speak to a Lawyer Before an Insurance Adjuster: Do not give a statement to an insurance company without first speaking to an attorney. The unfortunate reality is that the big insurers are not on your side. They want you to say things that can be used to deny your claim or reduce its value. Protect yourself by consulting a Fulton car accident lawyer. 

Understanding the Basics of Car Accident Liability in Georgia

Car accident cases fall under state law. One of the most important points to understand about motor vehicle accident liability in Fulton County is that Georgia is a fault-based car crash state. The party deemed responsible for causing the accident is legally obligated to cover all resultant damages. Generally speaking, the determination of fault hinges on the concept of negligence. Negligence is the failure to take proper care. Most crashes in Fulton are caused by driver negligence. Though, other parties could certainly bear fault for a car accident claim as well. Some of the most common examples of negligence that contribute to crashes include: 

• Speeding; 
• Tailgating; 
• Running red lights; 
• Running stop signs; 
• Distracted driving; 
• Inattentive driving; 
• Drunk driving; 
• Drugged driving; 
• Truck company negligence; 
• Highway construction company negligence; and
• Vehicle manufacturer defects. 

Under Georgia’s modified comparative negligence rule (O.C.G.A. § 51-12-33), multiple parties can share fault for the same crash in Fulton County. A victim may still be able to recover even if he or she is partially at fault for their own accident. With that being said, your compensation will be adjusted based on your degree of fault in these. For example, if you are judged to be 25 percent responsible for an accident in Fulton due to distracted driving, you would be liable for 25 percent of damages. 
Know the Law: Georgia enforces a 50 percent threshold for recovery. If you are found to be at fault for 50 percent or more of an accident, you will no longer be eligible to bring a fault-based claim.

Understanding Auto Accident Liability in Georgia

Who is responsible for a crash? In Georgia, the state operates under a “fault” system—meaning that the person who is found to be responsible for causing the accident is also liable for any resulting damages. To establish liability, it is essential to demonstrate that the at-fault party was negligent. Most claims are brought against drivers. Though, other defendants, including truck companies and vehicle manufacturers, may be held liable for as well. Negligence is the failure to take due care. 

Under Georgia law (O.C.G.A. § 51-12-33), a modified comparative negligence system applies to motor vehicle accidents. The rule allows for the allocation of fault among multiple parties involved in an accident. For example, if it is determined that one driver was 30 percent at fault for a crash in Clayton County, he or she should still bring a claim. However, any compensation recovered would be reduced by their level of blame (30 percent). If they suffered $10,000 in damages, they would only be entitled to recover $7,000—reflecting their share of fault. 

Note: Georgia has a strict 50 percent bar on recovery. In effect, this means that a motorist who is at fault for 50 percent or more if his or her own accident in Clayton County cannot bring a 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.

Car Accident Injury cases: A Two-Year Statute of Limitations 

You cannot simply wait back as long as you want and file a lawsuit when you are ready. You must bring any claim before the statute of limitations runs out. Under Georgia law (O.C.G.A. § 9-3-3), there is a two-year statute of limitations for most auto accident injury cases. If a lawsuit is not filed within two years of the date of a crash, you may lose your right to take legal action. There is no reason to wait. You do not want to fall behind the defense or an insurance company. Consult with an experienced Fulton County auto accident lawyer right away after a serious crash.

Recovering Full and Fair Financial Compensation After a Crash in Fulton

Hurt in a bad accident in Fulton County? You have the right to pursue financial compensation for the maximum extent of your damages. In Georgia, car accident victims have the right to seek monetary relief for economic and non-economic damages. However, the big insurance companies that defend these claims do not have your best interests at heart. Instead, insurers are focused on their own bottom line. They want to pay out less in settlement. Our Fulton, GA car accident lawyers can help. We fight aggressively to ensure that our clients secure the maximum compensation, including for: 

• Vehicle repairs or replacement of a totaled car; 
• Emergency medical treatment;
• Hospital bills and other medical costs; 
• Ongoing and long-term medical needs; 
• Loss of wages and loss of earnings; 
• Pain and suffering; 
• Disability or disfigurement; and
• Wrongful death.  

Auto Accident Claims in Fulton, GA: Frequently Asked Questions (FAQs)

Should I Speak to an Insurance Adjuster After a Car Crash?

You should exercise caution when speaking to an insurance adjuster after a crash, as statements you make can impact your claim. It is best to consult with a Fulton car accident attorney first to ensure your rights are protected and that your statements do not inadvertently jeopardize your claim.

How Much Compensation Can I Get Through a Car Accident Settlement?

It depends. Compensation in Georgia will vary based on liability and damages. A Fulton, GA auto accident lawyer can help you gather and prepare all of the evidence and information that you need to prove fault and secure the absolute maximum settlement. Do not agree to settle your case for less. 

What Should I Expect During a Free Consultation With an Attorney?

During a free consultation with a Fulton, GA auto accident attorney, you can expect to discuss the details of your car accident and the next steps in the claims process. Further, your free consultation is your opportunity to get information about a lawyer. 

How Our Fulton, GA Car Accident Attorneys Can Help

Hurt in a crash? It is normal to have a lot of questions. You do not have to take on the claims process alone. At Stewart Miller Simmons Trial Attorneys, we provide proactive, solutions-driven support. Among other things, our Fulton auto accident lawyers are ready to: 

• Hear your story, answer questions, and explain the next steps; 
• Investigate your collision—gathering and organizing evidence; 
• Represent you in settlement negotiations with insurance carriers; and
• Take legal action to get you and your family justice and the maximum compensation. 

We are committed to personalized legal representation. We encourage you to review our testimonials from our clients, our history of case results, and to reach out to us directly with any specific questions about your Fulton County auto accident case. 

Schedule a Free Consultation With an Experienced Fulton Auto Accident Attorney Today

At Stewart Miller Simmons Trial Attorneys, our Fulton, GA auto accident lawyers are standing by, ready to help. We will be by your side each and every step of the way. Give us a call at (404) 529-3476 or send us a message for a free, no obligation initial case review. We represent car accident victims in Fulton and throughout Fulton County.