broken front end of a crashed vehicle

Duluth Car Accident Attorneys

Car Accident Attorneys in Duluth, Georgia

A serious car crash can cause horrific injuries, emotional distress, astronomical medical bills, and wrongful death. Car accidents in Duluth, Georgia can result in long-term injuries, temporary or permanent loss of mobility, disability, or even death. Some of the more serious injuries in car crashes can include traumatic brain injuries (TBI), spinal cord injuries and paralysis, neck and back injuries, fractures, or internal organ damage. The experienced Duluth car accident attorneys at Hong & Sessions Law, LLC, understand the issues car accident victims are facing and can be by your side every step of the way in the fight for justice and compensation.

According to the Georgia Department of Transportation (GDOT), there were 402,366 car accidents in Georgia in 2018 of which 1,428 were fatal crashes. Motor vehicle crashes in Georgia in the same year resulted in 142,643 injuries. Behind these injury and fatality figures are individuals, each with their own experience which can include the loss of a loved one, severe emotional trauma, debilitating physical pain, and financial hardship.

If you are the victim of a car accident caused by a careless or reckless driver in Duluth, Georgia, you may be able to hold them legally responsible for your injuries, medical expenses, and other damages. Unfortunately, no amount of compensation can actually restore your health, or bring back your loved one if they passed away due to an accident.  However, if a negligent driver caused your accident, you could pursue compensation for your medical expenses, property damage, and other losses.

We understand that the thought of filing a lawsuit after having experienced a serious car accident can be daunting. Contact our Duluth car accident attorneys now for a free consultation and free case evaluation at (678) 691-3305. We know how to put Georgia law to work for you. If you’re looking for personal injury lawyers that are willing to take a stand pursue the recovery that you deserve an a car wreck, call us today.

Duluth, Georgia Accident and Traffic Statistics

According to City Data, 2017 traffic accident figures for Duluth, Georgia show that there were six fatal accidents in the city, reflecting an increase from the previous three years. Two of the fatal accidents involved drunk drivers. Gwinnett county’s most dangerous intersections in and near Duluth include:

  • Peachtree Industrial Boulevard and Suwanee Dam Road;
  • Lawrenceville-Suwanee Road and Satellite Boulevard;
  • Peachtree Industrial Boulevard and Moore Road;
  • I-85 South exit ramp and Lawrenceville-Suwanee Road.
  • Duluth Highway and Satellite Boulevard
  • Pleasant Hill Road and Satellite Boulevard

While these may be the most dangerous intersections near Duluth, if you experienced an auto accident in metro-Atlanta, Gwinnett County, or anywhere throughout Georgia, contacting an experienced car accident lawyer can help ensure your legal rights remain protected. The personal injury attorneys at Hong & Sessions can help you now.

Types of Car Accidents in Duluth, Georgia

While accidents can happen practically anywhere, they can be particularly common at busy intersections and on crowded highways in the Duluth area. Some of the most common types of car accidents can include:

Rear-End Collisions

Rear-end collisions are the classic “fender-benders” that are common on the roadways. However, rear-end accidents can also cause significant injuries, especially if they happen at high speed on highways or when a commercial truck slams into the back of a passenger vehicle. Reasons for rear-end collisions can include inattention, following too closely, drunk driving, speeding, driving while drowsy, and other negligent behavior. It is important to note that the driver in the back is not always at fault for a rear-end collision.

Side-Impact Collisions

Side-impact collisions, which include T-bone accidents and side-swipe crashes, can occur in a number of circumstances, for example, due to:

  • An improper left turn
  • Improper lane changes
  • Ignoring traffic signs and signals
  • Failing to yield at intersections
  • Misjudging distance and speed of other cars

Side-impact collisions can cause extensive damage to cars and serious injuries to passenger vehicle occupants due to the fact that the sides of vehicles often offer less protection than the front and back of vehicles.

Single-Car Accidents

Single-car accidents involve only one vehicle and typically occur when a driver loses control over their car, hits an object in the road, or runs a car off the road. Driver fatigue and falling asleep at the wheel can play a role in single-car accidents. Other reasons for single-car accidents can include inclement weather or road construction. In most cases, the driver of the car in a single-car accident is at-fault for their accident. However, if someone else caused your single-vehicle crash, for example by running you off the road, they could potentially be liable for your damages and losses..

Head-On Collisions

Head-on collisions are relatively uncommon when compared to other types of accidents. However, head-on crashes tend to be serious accidents with a high percentage of fatalities. According to figures collected by the Insurance Information Institute (III), head-on crashes made up more than 10 percent of all car accident fatalities in 2017. In head-on collisions, the at-fault driver is typically going the wrong way or driving in the wrong lane due to improperly passing another vehicle.

Rollover Accidents

A rollover accident happens when a car is turned on its roof during a crash. Rollovers can be more common with vehicles such as trucks and SUVs due to their higher center of gravity. Rollover crashes can cause devastating and fatal injuries. According to Safercar.gov, nearly half of all rollover crashes involve alcohol and around 40 percent involve excessive speeding.

How Is Fault Determined in a Car Accident?

Potentially, there can be many reasons why other motorists are responsible for your damages and expenses after a motor vehicle accident. While a small percentage of accidents happen due to inclement weather conditions, damaged roads, or vehicle defects, the majority of accidents are due to human error.

According to the National Highway Traffic Safety Administration (NHTSA), around 94 percent of accidents occur due to a driver-related reason, which can include:

  • Driving while intoxicated
  • Distracted driving
  • Speeding
  • Falling asleep at the wheel or driving while drowsy
  • Driving generally recklessly

Driving too fast is a factor in more than one-third of all motor vehicle fatalities and therefore the number one reason for accidents in the United States, according to the NHTSA.

If you suffered serious injuries or a loved one died in an accident with a speeding, DUI (drunk driving), racing, or reckless driver, you have the legal right to receive compensation. However, Georgia personal injury law requires that we establish fault of the other driver in order for you to recover for your injuries. We have years of experience successfully prosecuting these cases and helping our clients obtain the recovery they deserve in personal injury cases.

Contact an experienced Duluth car accident lawyer that knows Georgia personal injury law today to determine whether you have a claim and could recover compensation. Do not provide an insurance adjuster with a statement regarding your car accident until you have experienced legal representation on your side.

Georgia Is an At-Fault State

When it comes to determining responsibility in a car accident, it is important to note that Georgia is an at-fault state. In an at-fault state, the individual responsible for causing an accident is also the one who will be generally responsible for a victim’s financial losses, such as medical bills, income losses, and property damage. Normally, the at-fault driver’s insurance company should pay for the damages of the victim.

However, insurers sometimes do not offer adequate settlements or deny a claim altogether by arguing that the victim has some fault in an accident. According to Georgia Code Section 51-12-33, a car accident victim may not be eligible for compensation if they are deemed to be 50 percent or more at fault for an accident. Not receiving a settlement from an insurer can be frustrating for victims who were hoping and waiting for reimbursement of their medical bills and other expenses. It is important that a victim understands that they should not avoid attempting to file for a claim if they believe they have partial responsibility for the car accident.

When an insurance company denies your claim, your only hope for recovering any compensation may be filing a personal injury lawsuit against the at-fault driver. However, you will need to prove the fault of the other driver. While this can be easy in a clear-cut case, such as a rear-end accident caused by an intoxicated driver, in many cases proving liability is far more challenging. Having an experienced Duluth car accident lawyer by your side can help to establish and prove fault to receive the compensation you deserve.

Proving Fault in a Personal Injury Lawsuit

Your Duluth car accident attorney has the experienced to understand how to prove car accident negligence and can work right away on gathering the evidence required for proving another driver’s fault through an independent investigation. An attorney will focus on building a comprehensive case against the other driver by proving the following elements of a car accident claim:

  • The at-fault driver has a duty of care to other drivers to operate a vehicle safely
  • They acted negligently and breached the duty of care owed to other drivers
  • The breach of duty directly caused your accident and injuries
  • You have damages such as medical bills and property damage

 

Proving negligence and fault will require compelling evidence that holds up in a court of law. An experienced car accident attorney can help build a strong case against an at-fault driver.

Proving Damages

As well as proving fault, a victim will also have to offer proof for your damages in a lawsuit. Evidence for your financial losses and other damages can include:

  • Medical statements and bills
  • Receipts for over-the-counter and prescription medication
  • Pay stubs as evidence for lost wages
  • Receipts for car repair or purchase of a new vehicle
  • Rental car receipts
  • Evidence for miscellaneous out-of-pocket expenses

Your car accident attorney can help with evaluating your damages and collecting the necessary proof. Your lawyer can also estimate any future damages you might be facing, such as future medical treatments, upcoming rehabilitative treatments, and future losses of income due to an inability to return to work resulting from your injuries. Knowing what your claim is worth can be crucial in fighting for an adequate settlement as it can protect you from leaving any money on the table in settlement negotiations.

How Much is My Car Accident Worth?

Since every car accident claim is unique, it can be next to impossible to determine an average settlement amount, or articulate exactly what your claim is worth. Generally, in determining what a car accident claim is worth, several factors will impact the total amount of compensation, including the amount of property damage and the extent of a victim’s injuries. Experienced Duluth car accident attorneys will also look at the permanence of any injuries, and whether they could prevent a victim from returning to work, or will require life-long costly medical assistance. A car accident lawyer will also calculate and estimate the extent of past, present, and future wage losses a victim may be facing due to their injuries. Finally, an attorney will determine the value of any so-called “non-economic” damages such as pain and suffering.

Compensation You Could Receive From Your Car Accident

While it is challenging to come up with an exact figure or calculation without knowing the circumstances of your accident, car accident victims can potentially receive a number of economic damages with a car accident claim, including but not limited to:

  • Medical bills and future medical expenses
  • Costs for medical devices and accessories
  • Repair or replacement of the vehicle
  • Cost for home and car modifications
  • Costs for a home health aide
  • Lost income and future lost income
  • Out-of-pocket expenses

Victims could also be entitled to additional or other economic damages. An experienced car accident lawyer can advise you on what could be due to you. You deserve to know your rights in a car accident case. Individuals that suffered extensive and perhaps life-changing injuries may also recover considerable non-economic damages, which can include awards for:

  • Physical pain
  • Emotional trauma
  • Loss of a limb or a sense
  • Disability
  • Loss of life enjoyment
  • Scarring and disfigurement

If you experienced a traumatic car accident, truck accident, motorcycle accident, or tractor trailer accident that was someone else’s fault, having all the pain, emotional distress, and expenses, can seem unfair and upsetting. However, when a negligent driver caused your injuries and financial losses, you have the right to seek justice and damages.

You do not have to struggle alone when it comes to negotiating with insurance companies who want to manipulate you into accepting a low settlement offer or trying to file a lawsuit on your own. The experienced and dedicated team at Hong & Sessions Law Firm, LLC can be here for you during this difficult and challenging time. We will work tirelessly to protect your legal rights and fight for the compensation you and your family deserve.

When Should Duluth Car Accident Attorneys File a Lawsuit?

It can be in your best interests to get legal help and advice as soon as you can after a car accident happened as there will be a number of factors to consider when determining whether to file a lawsuit and when to file. Dedicated car accident attorneys can protect your rights and guide you through any legal actions. There can be many reasons for filing a lawsuit, including:

  • Your claim is worth more than the insurance is prepared to offer
  • The insurance has denied your claim completely
  • Your car accident lawyer advises you to litigate after negotiation with the insurance company

In the end, whether you choose to litigate or not will most likely boil down to finances. If a settlement offer from an insurance company is inadequate to cover all your damages, including non-economic damages such as pain and suffering, and future expected medical bills or future loss of wages, you could be better off by seeking justice in court.

Timing of a Lawsuit

Experienced Duluth car accident attorneys can advise you on the perfect timing for filing your lawsuit. The timing of a lawsuit can be a complex legal issue. On one hand, it can pay off to wait with a lawsuit until the extent of your injuries is clear and the permanence of any disabilities apparent. This will ensure that your doctor can offer an opinion and recommendation regarding any future treatments you will likely need. Your attorney can then calculate your future damages accurately. Filing a lawsuit too soon, before the full extent and long-term effects of your injuries can be determined, could leave you out of pocket.

However, you also have to carefully observe Georgia state laws. If you file your lawsuit too late, you could be barred from recovering compensation. According to Georgia Code section 9-3-33, personal injury claims should generally be filed within two years of when the injury occurred. Merely setting up an insurance claim is not enough to preserve your claim.

Knowing when to file a lawsuit can be confusing and stressful. Your best chance for recovering an adequate settlement can be to contact a car accident lawyer and follow their advice. Hong & Sessions Law, LLC, can guide you through the procedures and steps required for filing a lawsuit for your ideal timeframe.

The Duluth Car Accident Lawyers at Hong and Sessions, LLC Can Help You

Accident victims often struggle with finding the legal knowledge and energy required to fight with insurance companies in an effort to recover an adequate settlement. Unfortunately, insurance companies work in their own best interests and will use any advantage they can get to deny your claim or severely reduce your settlement. However, if a negligent or careless driver causes your car crash, you have the right to recover adequate compensation for your injuries and losses under the law. You deserve to have an injury law firm and legal team on your side that can help you understand the process and work to move your injury case forward.

At Hong & Sessions Law, LLC, we do not shy away from tough cases and can put the law to work for our clients, fighting for maximum possible recovery in the shortest time possible. Litigating complex car accident claims requires experience, dedication, and tenacity. We can progress your claim and help you fight for your rights in several ways, including negotiating with insurance companies, gathering the necessary evidence to prove your claim, and representing you aggressively in court. If we take your case, you do not have to worry about having to pay upfront attorney’s fees as we work on a contingency basis and only get paid if and when we win your case. Contact an experienced Duluth car accident lawyers at Hong & Sessions, LLC today at (678) 691-3305 and schedule a free consultation with one of our dedicated team members.

Disclaimer: This website is intended for informational purposes only. Nothing presented here is intended to create an attorney-client relationship, nor does the information presented here constitute legal advice. The Duluth personal injury lawyers at Hong & Sessions law offices are licensed to practice law in the State of Georgia. Our office is located 3296 Summit Ridge Pkwy., Ste. 220, Duluth, GA 30096

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