Posted on Sunday, September 1st, 2024 at 9:00 am
If you are a passenger in a car accident in Atlanta and you sustained injuries, you probably have questions about who pays for your injuries. Georgia law says whoever caused the collision is responsible for your losses, but how do you determine who to sue? Do you see the driver of your car, the other driver, or another party like the auto manufacturer? What happens if multiple people share the blame for your injuries? And how do you make sure you get fair compensation?
The Atlanta car accident lawyers at Jonathan R. Brockman, P.C. have the answers you’re looking for. Keep reading to learn who can sue if you sustained injuries as a passenger in a car accident.
How Liability Works in Georgia Car Accident Claims
Unlike its neighbor state, Florida, Georgia is an at-fault auto insurance state. This means the party who caused a collision is legally responsible for paying for any losses from the crash. Additionally, their insurance company must cover any losses the injured drivers or passengers sustain. If an injured driver’s or passenger’s losses exceed the liable party’s insurance coverage, they can sue the liable driver directly.
Potentially Liable Parties for an Atlanta Car Accident
If you suffered injuries as a passenger in an Atlanta car accident, the potentially liable parties include:
- The Driver of Your Car: Whoever was driving your car might be liable if they were speeding, distracted, or otherwise negligent when the accident happened.
- Other Driver(s) Involved in the Crash: If another driver caused or contributed to the crash, they could be responsible for your injuries.
- Car Manufacturer: The car’s manufacturer could be liable if a vehicle defect, like faulty brakes, caused the accident.
- Government Entity: A government entity might be liable if poor road conditions, such as potholes or lack of signs, led to the crash.
- Employer of a Driver: If the at-fault driver was working when the crash happened, their employer might be partly responsible for your injuries.
- Vehicle Owner: If whoever was driving your car didn’t own it, the owner might be liable, especially if they knew the driver was unfit.
- Bar or Restaurant: If the at-fault driver was intoxicated, the establishment that served them alcohol could be liable under Georgia’s dram shop laws. Holding alcohol vendors liable for a collision requires you to prove the driver was visibly intoxicated when they were served.
- Auto Repair Shop: The repair shop might be liable if faulty repairs contributed to the accident.
What If Multiple Parties Share Blame for the Crash?
If multiple parties played a role in a collision, you’ll have to sue each liable party to recover full compensation. How much compensation each party must pay depends on their degree of fault for the crash. A car accident attorney can help you identify all the liable parties so you can seek full compensation.
Potential Compensation for Passengers Injured in Car Accidents
As an injured passenger, you can pursue compensation for any losses you sustained in a car crash. An experienced attorney can help you pursue fair compensation, including money for:
- Past and future medical expenses
- Lost income
- Reduced future earning capacity
- Pain and suffering
- Diminished quality of life
- Damaged personal property
What To Do if You Were Injured as a Passenger in a Collision
Your actions after a car accident can significantly impact a future legal case and your potential compensation. Here’s what to do to protect your rights:
- Follow Up on Medical Care: Continue any prescribed treatments and attend follow-up appointments to protect your health and document your injuries.
- Report the Accident: Notify your insurance company about the accident, even though you weren’t driving. They may still need this information.
- Gather Evidence: Collect any photos, witness contact information, or medical records related to the accident to support your claim.
- Consult a Lawyer: Talk to a personal injury lawyer to understand your legal options and determine who may be liable for your injuries.
- Avoid Speaking to Insurers: Don’t talk to the fault drivers’ insurance companies without legal advice. They might use your statements against you.
- Keep Records: Document your medical expenses, lost wages, and other costs related to your injuries to help with your claim.
Deadline to File a Car Accident Lawsuit in Georgia
Georgia law says you typically have two years after a car accident to file a lawsuit. However, we recommend you speak to a lawyer immediately. They can gather critical evidence from the crash scene before anything happens to it. An attorney can help you recover the money you need quickly while protecting your rights.
Jonathan R. Brockman, P.C. has extensive experience with car accident cases and proven results to understand your need for swift justice after a crash. Call (770) 205-8827 now or complete our contact form for a free consultation. Ask us anything about your case.
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