Establishing Fault in a Motor Vehicle Accident

What should you do if you've been injured in a motor vehicle accident in Georgia? Let's take a moment to explore this kind of case and what you can expect.

Understanding Personal Injury Law and Motor Vehicle Accidents in Georgia

If you have been injured — or someone you love has been injured or killed — due to an at-fault driver's negligence, you are likely owed compensation for your injuries. In motor vehicle injury cases, 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 defendant (the at-fault driver) 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. 

Proving Negligence in an Atlanta Motor Vehicle Accident

It's important to note that the plaintiff must prove that the defendant was negligent and that the defendant's negligence caused the plaintiff's injuries and/or 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. To be able to recover compensation 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

Examples of driver negligence for which you could recover damages include, but are not limited to:

  • 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

At McAleer Law, we specialize in Georgia motor vehicle accidents. We accept 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. If you have been injured in a motor vehicle accident in Georgia, we strongly urge you to call a qualified personal injury attorney today.

After an accident, you only have a limited amount of time before the statute of limitations for your civil case expires, leaving you with no means to recover compensation for your injuries and damages. If you have questions or you would like to schedule a free consultation regarding your personal injury claim, please call us today at 404-622-5337.

Prevalence of Car Accidents Occurring in Metro Atlanta

If you listen to the radio during their daily commute or watch the local news, you already know that the metropolitan Atlanta area is notorious its dense traffic and numerous car accidents. Serious accidents occur almost every day, many of which result in serious personal injuries. The McAleer Law Firm team puts its superior legal experience into action in handling our clients’ auto accident cases. 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.

How common are motor vehicle injuries and deaths in the U.S.? Here are some recent nationwide statistics from the National Highway Traffic Safety Administration (NHTSA):


2017
Fatal Motor Vehicle Crashes34,247
Drivers18,726
Passengers6,147
Motorcyclists5,172
Pedestrians5,977
Pedalcyclists783

Critical Points Regarding Motor Vehicle Accidents and Georgia Driving Laws

If you or a loved one has been injured in a car crash in the metropolitan Atlanta area or anywhere in 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. 

Remember, in some cases, the driver of the at-fautl vehicle may not be solely at fault for the accident. 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.

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 working 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.

Client Testimonials
★★★★★
"I went to Charles after I was hit in a car accident last year. He, and especially his paralegals, were very considerate and actually cared about me. They helped me BIG time..My settlement was way more than I could even imagine. They are great about keeping you in the loop and getting your case done fast." Lauren
★★★★★
“Charles handled a personal injury suit that was primarily for symptoms that were not simple to demonstrate to the jury. Throughout the case Charles was professional and well prepared. We won an excellent settlement for this type of case.” Cindy
★★★★★
“After my case was turned down by several firms, I asked Mr. McAleer to review my case. He did, and he thought he could win it. The insurance company did not offer me one dime, even at trial and after the jury was deliberating. The Gwinnett jury returned a verdict in my favor for $300,000. I was in tears. I will always be thankful to Mr. McAleer for believing in my case and in me.” R.S.