Car Accident Attorneys in Dalton, Georgia

Whenever we get behind the wheel, we try to use reasonable care and expect other drivers to do the same. But that is not always the case. Negligence on the road like texting and driving, running a red light, or driving under the influence can lead to serious accidents.  

There are thousands of fatal auto crashes on Georgia’s roads and highways each year. If they don't end in a tragic death, they often cause life-altering injuries. These injuries can leave you with high medical bills, pain and suffering, and the inability to work. It’s up to you to seek compensation from insurance companies if you’re facing these hardships. 

If you or a loved one has been injured as a result of another driver’s negligence, speak with Mitchell & Mitchell, PC. Our experienced Dalton car accident attorneys deliver high-quality legal service, whether your case involves a settlement or litigation. We represent accident victims and their families throughout Northwest Georgia.  

Common Causes of Car Accidents That May Indicate Negligence

Motor vehicle accidents happen every day, causing life-altering injuries or fatalities. Collisions can occur from any direction and on any roadway, including highways, thoroughfares, neighborhood streets, and intersections.  

Negligence refers to someone failing to use reasonable care while driving, resulting in harm to others. In a car accident case, this means the driver didn't act with caution and responsibility that an average person would have shown in similar circumstances.  

Common causes of car accidents that may indicate negligence include: 

• Distracted driving: Texting, phoning, eating, grooming, reading, navigating and adjusting the radio all have served to increase the rate of accidents in Georgia and elsewhere. 

• Drunk or drugged driving: Drivers impaired by alcohol contributed to 1,797 fatal accidents in Georgia in 2022.  

• Speeding: Also in 2022, speeding-related crashes led to 422 deaths.  

• Reckless driving: Failing to yield the right of way, making an improper lane change or running someone off the road can result in serious car crashes. 

• Bad weather: Accidents often result from drivers not slowing down or taking other cautions to account for poor visibility or hazardous road conditions due to the weather. 

• Vehicle and road defects: Vehicle defects that go unrepaired can put motorists at risk, as can roads that are poorly maintained or undergoing reconstruction. 

From our Dalton law office, our attorneys help victims of motor vehicle accidents and their families obtain the money they need to recoup their expenses and get back on their feet. 

Auto Accidents Can Cause Life-Altering Injuries

Car accidents can cause a range of serious, sometimes permanent injuries. Common ones include cuts, burns, lacerations, concussions, broken bones and muscle and ligament damage. Traumatic brain or neck injuries can result from drivers or passengers impacting dashboards, windows, and other hard objects. Internal bleeding and organ damage is also possible. 

Severe collisions and vehicle rollovers can lead to vertebrae and disk injuries and spinal cord damage, which in turn can cause nerve damage and full or partial paralysis. Loss of a body part, disfigurement or blindness may also be permanent legacies. In the worst case, the accident may result in death, either immediately or after a period of suffering. 

Getting immediate diagnosis and evaluation of your injuries is essential not only to treatment but also to determine whether another driver is liable and to what extent. If you were injured in an accident, contact our attorneys as soon as possible so we can work to preserve evidence and begin investigating your case.

Understanding Georgia's Insurance Laws

Georgia is a "fault" insurance state, which means that the driver who is determined to be responsible for the accident is also responsible for the financial damages resulting from the crash. Unlike "no-fault" states, where each driver's own insurance covers their injuries regardless of who caused the accident, Georgia allows the injured party to pursue compensation directly from the at-fault driver's insurance. 

In a fault state like Georgia, victims of car accidents have multiple avenues to seek compensation for their damages: 

1. File a claim with your own insurance: Even though Georgia is a fault state, you can initially use your own insurance to cover immediate expenses. This might be practical for minor damages or when needing quick medical payments. 

2. File a third-party claim with the at-fault driver’s insurance: This is the most common approach, as it allows you to seek compensation from the insurance company of the driver who caused the accident. 

3. File a personal injury lawsuit: If the at-fault driver's insurance is insufficient to cover your damages or if the insurance company is unwilling to offer a fair settlement, you can take legal action to pursue the full amount of compensation you deserve. 

This "fault" system requires thorough documentation and proof of the at-fault driver's negligence to succeed in a claim or lawsuit. Therefore, working with an experienced car accident attorney is crucial to navigate Georgia's insurance laws and ensure you receive the compensation necessary to cover medical expenses, lost wages, and other damages resulting from the accident. 

Your Deadline for Pursuing Compensation

In Georgia, the statute of limitations for car accident cases sets the time frame within which a lawsuit must be filed. For personal injury claims arising from car accidents, individuals have two years from the date of the accident to file a lawsuit. 

This applies to cases involving bodily injury, pain and suffering, and lost wages. If the accident resulted in wrongful death, the deceased's family also has two years from the date of death to initiate legal proceedings. For property damage claims, such as vehicle repairs or replacement, the statute of limitations is four years from the date of the accident. 

Failing to file a lawsuit within these respective time frames generally results in the forfeiture of the right to seek compensation in court. Be sure to act promptly and consult with an attorney to ensure all legal deadlines are met. 

What if You’re Partially At-Fault?

Georgia follows a modified comparative negligence rule in determining fault and awarding damages in car accident cases. Under this system, an injured party can still recover compensation even if they are partially at fault for the accident. However, their compensation will be reduced by their percentage of fault in the accident. 

For instance, if a court finds that you were 20% at fault for the accident and the total damages amount to $100,000, your compensation would be reduced by 20%, leaving you entitled to $80,000. Importantly, Georgia's modified comparative negligence rule imposes a threshold: if you are found to be 50% or more at fault, you will be barred from recovering any compensation. 

This makes it essential to gather sufficient evidence to support your claim and to mitigate any allegations of your own negligence. Working with a knowledgeable car accident lawyer can help you effectively present your case to maximize your potential recovery. 

Why Partner With Us?

After obtaining medical treatment for personal injuries, speak with a skilled attorney. Don’t give any statements to insurance companies or admit any degree of the fault before you seek legal assistance. Give your lawyer a complete account of the accident. 

With any auto accident case, you need a Dalton attorney who delivers the following: 

• Complete investigations: Our lawyers thoroughly examine the details of your motor vehicle crash, using what we discover to determine who was at fault. We then seek damages from responsible parties and their insurance companies. 

• An aggressive approach to insurance companies: The job of insurance companies is to prevent injured people from receiving monetary damages to which they may be entitled. We’re not afraid to battle with insurers to make sure your injury settlement is fair and covers your expenses. 

• Maximized recovery: Our firm is committed to earning you the compensation you need to make a full physical, mental and emotional recovery. You shouldn’t have to suffer the consequences for someone else’s poor driving or negligence. 

Our dedicated personal injury attorneys can help reduce the hardship of high medical bills, pain and suffering, and lost wages from the inability to work.