Establishing Fault in a Motor Vehicle Accident

Injured parties who file a lawsuit claiming negligence on the part of the at-fault party are generally entitled to compensation for damages for their injuries. The injured party bringing the suit is referred to as the plaintiff. In Georgia civil cases, which is the category under which a claim for injuries sustained in a motor vehicle accident falls, the burden is on the plaintiff to prove that the negligence of the at-fault driver, also known as the defendant, caused the accident. Negligence can be proven by showing that the defendant violated one or more sections of Georgia driving law, or that the defendant’s actions at the time of the accident simply did not meet the standard of care to which he or she should have been adhering. In addition to proving that the defendant was negligent, the plaintiff must also show that the defendant’s negligence caused his or her injuries and damages.

The legal foundation for establishing that a plaintiff’s injuries are the result of a defendant’s negligence is based upon proving the motor vehicle accident to be the actual and proximate cause of the injuries. Proximate cause, which is also known as legal cause, is an act, such as a car accident, from which an injury results as a direct consequence and without which the injury would not have happened. In order to be able to recover for damages incurred as the result of injuries sustained in a motor vehicle accident, Georgia tort law requires that the plaintiff prove that the negligence of the defendant played a role in causing the plaintiff’s injuries and damages.

Scenarios that Include Negligence Under Georgia Motor Vehicle Laws

This non comprehensive list shows just a few examples of driver negligence for which you could recover damages.

  • In following another vehicle more closely than is reasonable taking into consideration the speed and volume of traffic and roadway conditions. O.C.G.A. 40-6-49, said violation being negligence per se;
  • In failing to operate a vehicle with due care and in engaging in actions which distracted the operator from the safe operation of his vehicle in violation of O.C.G.A. 40-6-241, said violation being negligence per se;
  • In operating a vehicle at a speed which is greater than reasonable and prudent under the conditions of the highway in violation of O.C.G.A. 40-6-180, said violation being negligence per se;
  • In operating a vehicle with reckless disregard for the safety of other persons on the roadway in violation of O.C.G.A. 40-6-390, said violation being negligence per se;
  • In failing to swerve a vehicle to the right or the left so as to avoid a collision, in violation of the requirements of ordinary care and diligence;
  • In failing to apply brakes with sufficient force to prevent a collision, in violation of the requirements of ordinary care and diligence;
  • Driving Under The Influence Of Alcohol or Drugs

Our law firm, which specializes in Georgia motor vehicle accidents, accepts cases involving personal injury on a contingency fee basis, meaning that if a recovery is not obtained on your behalf, you will not be obligated to pay attorney’s fees for the work our firm has done on your case. It is of utmost importance for you to be vigilant about the statute of limitations for your civil case and to ensure that it does not expire, leaving you with no means to recover for your injuries and damages. Additional information concerning serious personal injury cases, as well as consultation regarding your particular personal injury claim, can be obtained by calling The McAleer Law Firm at 404.MCALEER.

Prevalence of Car Accidents Occurring in Metro Atlanta

As anyone who listens to the radio during their daily commute or watches the local news can attest, the metropolitan Atlanta area is notorious not only for the traffic on its interstates and roadways, but also for the numerous car accidents occurring each day, many of which result in serious personal injuries. The McAleer Law Firm puts its superior legal experience into action in handling our clients’ personal injury cases stemming from car collisions. Our Atlanta-based firm specializes in representing individuals who have been victims of motor vehicle accidents in Georgia, causing them to suffer personal injuries including severe physical and mental pain and suffering.

Nationally, here are some statistics regarding fatal motor vehicle collisions in the U.S. in 2009:

2009
Fatal Motor Vehicle Crashes30,797
Drivers17,640
Passengers6,770
Motorcyclists4,462
Pedestrians4,092
Pedalcyclists630
Critical Points Regarding Georgia Driving Laws

If you or a loved one has been injured in a car crash in either the metropolitan Atlanta area or anywhere throughout the state of Georgia, you must prove that the at-fault driver who struck your car, motorcycle or bike was negligent in the operation of his or her vehicle. It is also possible that a defect in the defendant’s vehicle, such as a defective tire, could have caused the accident which resulted in your injuries, such as whiplash, scarring from deep cuts, or a herniated disc.

Another potential actual and proximate cause of an automobile accident could be a defectively designed roadway. Establishing legal liability in any accident claim is an extremely detailed process and frequently requires review and testimony by an expert in fields such as accident reconstruction or engineering.

The seasoned personal injury attorneys at The McAleer Law Firm will use skill, tenacity, and legal knowledge to identify all potential at-fault parties for your accident, thus maximizing your ability to recover monetary compensation for the damages you sustained in your personal injury lawsuit. In doing work to establish legal liability for your claim, we will use all available resources, including accident reconstructionists, forensic experts and medical experts, such as orthopaedic doctors. The wide network of contacts to which our personal injury lawyers have access places us in the best position to assist you with obtaining maximum recovery for all general and special damages to which you are entitled as a result of your personal injury claim.

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404-McAleer 404-622-5337