Motor Vehicle Accidents Center

Motor Vehicle Accidents and the Law

Most legal claims arising from motor vehicle accidents are typically governed by negligence. People who operate motor vehicles must exercise "reasonable care under the circumstances." That means if a person driving a vehicle fails to use reasonable care they are driving negligently. A person who negligently operates a vehicle may be required to pay for any damages they cause another person or person's property because of their negligence. The injured party, the plaintiff, bears the burden of proving that the negligent driver, the defendant, was in fact negligent and that the defendant's negligence caused the plaintiff's injuries.

Motor Vehicle Statutory Violations

The Motor Vehicle laws for the state of Georgia can be found in Title 40 of the Official Code of Georgia. Specifically, Title 40 Chapter 6 provides the Uniform Rules of the Road of Georgia. A violation of any of these statutes generally causes a presumption of negligence as a matter of law. Thus, "fault" in an accident case may be established merely by citing a statute that has been violated. For example, if a driver runs a red light they are violating O.C.G.A. 40-6-20 which requires drivers to obey traffic signals.

The First Steps to Take after a Motor Vehicle Accident

Would you know what to do if you were involved in a motor vehicle accident? When car accidents happen people may be seriously injured and emotions may run high. There are, however, important things that need to be taken care of at the scene and soon thereafter. Following is a list of things that should be done when a motor vehicle accident occurs:

• Stay at the Scene. You should never leave the scene of an accident until it is appropriate to do so. If a driver leaves the scene of an accident and someone was seriously injured, that driver may face criminal charges for a "hit-and-run".
• Check on All Drivers and Passengers. Check to make sure that everyone involved in the accident is okay, and get medical attention for anyone who may need it.
• Call the Police. You should call the police to have an officer come to the scene of the accident and file a police report.
• Exchange Information. You should talk to the drivers of any other vehicles involved in the accident. Get their names, phone numbers, addresses, drivers' license numbers, license plate numbers, and insurance information.
• Talk to Witnesses. Ask any witness what they saw and get their names, telephone numbers, and addresses. Write down what the witnesses tell you.
• Inform Your Insurance Company. Inform your insurance company that you have been involved in an accident as soon as possible. Cooperate with your insurance company and tell the the truth about what happened and the extent of your injuries.
• Keep Track of Your Medical Treatment. Make note of any doctors, physical therapists, chiropractors, or other medical professionals that you receive treatment from and note each medical provider that made a referral to other medical professionals. Also try to keep an itemized record of your expenses and bills for medical treatment.
• Take Pictures. Take photographs of any damages to your vehicle as soon as possible after the accident. Also take photographs of injuries that you sustained from the accident.
• Use Caution in Discussing the Accident. Do not talk to anyone about the accident other than your attorney, your insurance company, and the police. Do not talk to a representative of another insurance company under any circumstances without knowledge of your attorney. If a representative from another insurance company should call you, be polite but them to call your attorney to arrange an interview. You should also get the representatives name and number, and then give that information to your attorney.

Types of Damages that May Be Recoverable

Insurance companies will generally pay for the following types of damages:

Medical Expenses: Medical expenses are expenses that are incurred for treating an injury. Examples of medical expenses include doctor's visits, hospital expenses, emergency room expenses, physical therapy, fees for chiropractic care, and expenses for any medical device, such as a brace or crutches, that may be needed for your recovery.

Future Medical Expenses: Future medical expenses are coverable if the injured party can show that she is likely to need continued medical care as a result of the accident. The amount of future medical damages may be determined by the advice and opinions of your doctors and other medical specialists that you have seen for treatment.

Pain and Suffering: Pain and suffering damages may be granted for physical pain and suffering resulting from an accident. A jury will determine the amount of pain and suffering damages to be awarded a plaintiff by looking at the nature of the injury, the severity of the pain, and how long the plaintiff is likely to be in pain.

Mental Anguish: Mental anguish damages are recoverable for any type of mental or emotional distress suffered as a result from your accident or injury. Mental anguish can include apprehension, fright, anxiety, nervousness, worry, grief, and shock. If the injured party has been disfigured as a result of the accident, mental anguish damages can be recovered for this type of emotional injury.

Lost Wages: You may recover the amount of money you would have earned between the time of injury to the time of judgement or settlement had you not been injured.

Loss of Earning Capacity: You may recover damages for loss of earning capacity if you can show that your ability to earn money in the future has been impaired. Past earnings will be used to help a jury determine an appropriate damage award.

Loss of Consortium: Loss of consortium relates to the loss of benefits of married life when ones spouse is injured. The uninjured spouse makes the claim and only has a chance of recovering if the injured spouse succeeds in recovering damages. Married life benefits include companionship, affection, comfort, solace, help, and sexual relations.

Property Damage: This is recovery of the value of the property that was damaged.

Motor Vehicle Accidents Resources:

• GA Department of Public Safety
  http://dps.georgia.gov
• U.S. Department of Transportation
  http://www.dot.gov
• Insurance Information Institute
  http://www.iii.org
• Insurance Institute of Highway Safety
  http://www.ihs.org
• National Highway Traffic Safety Administration
  http://www.nhtsa.gov
• National Safety Council
  http://www.nsc.org
• National Transportation Safety Bond
  http://www.ntsb.gov