If you suffered injuries in a car accident and want to hold the speeding driver liable for their reckless actions, contact the Fayetteville car accident lawyers of Jonathan R. Brockman, P.C. today. We’ve been representing clients like you for 30 years and are ready to fight for the justice you rightfully deserve. Someone else caused your injuries and should suffer the consequences of their poor decisions. We can help you file an insurance claim or lawsuit and advocate for your rights to the maximum compensation available.
According to the National Highway Traffic Safety Administration, 9,378 people died in motor vehicle crashes involving speeding in 2018. Additionally, speeding has been a factor in approximately one-third of all traffic-related fatalities in a 20-year period. Drivers traveling at excessive speeds don’t have the ability to operate their vehicles safely. They’re unable to maneuver away from stopped traffic or avoid a road hazard. Driving that way is irresponsible and puts other people at risk of serious harm.
To find out your legal options after a speeding driver causes your injuries, call Jonathan R. Brockman, P.C. for a free consultation with one of our Fayetteville speeding accident attorneys at 770-205-2231.
Car Accidents Involving Speeding Typically Lead to Severe Injuries
Driving above the speed limit reduces the amount of stopping distance between two cars. This is the amount of time it takes to come to a complete stop. A vehicle traveling at 20 miles per hour requires at least a 40-foot stopping distance. If someone’s going 70 miles per hour, they would need at least 315 feet. That’s a significant difference. Speeding shortens the space between vehicles traveling in the same lane. If traffic comes to a standstill or there’s an emergency, the driver behind likely won’t have enough time to avoid a collision.
Accidents at high rates of speed often lead to severe injuries and death. The body isn’t able to handle the violent momentum it experiences when two cars collide. You could get thrown around like a ragdoll, resulting in debilitating spinal cord damage, head trauma, and broken bones. The most common injuries associated with speeding accidents include:
- Concussion
- Whiplash
- Traumatic brain injury
- Spinal cord injuries
- Paralysis
- Psychological and emotional damage
- Head and neck injuries
- Crush injuries
- Soft tissue injuries
- Internal bleed and organ damage
- Cuts and burns
- Broken bones
- Facial lacerations or disfigurement
- Disability
At Jonathan R. Brockman, P.C., we know you’ve been suffering because of injuries you got in the car crash and might require ongoing medical treatment to heal. If you become physically or mentally disabled, you can’t perform your job duties and may end up losing your source of income. This can cause significant stress and put a strain on your finances.
You shouldn’t have to face the repercussions of someone else’s negligence. We can help you hold the other motorist liable for the damage they caused and seek the compensation you need to heal your injuries and move forward with your life.
Compensation Available in An Auto Insurance Claim
You might be entitled to compensation from the at-fault driver’s auto insurance company. Georgia follows a traditional fault system, meaning the person who causes a car accident becomes financially responsible for the injured party’s losses. State law requires all drivers to carry liability coverage with $25,000 limits for bodily injury and $25,000 in property damage. These limits could compensate for the expenses and physical or mental suffering associated with the crash.
Jonathan R. Brockman, P.C. can request a copy of the at-fault driver’s insurance policy to determine the available coverage and whether it’s sufficient to compensate for the past and future losses you incurred, such as:
- Medical bills
- Property damage
- Inconvenience
- Loss of consortium or companionship (for losses suffered by a spouse)
- Lost wages
- Lost earning capacity
- Pain and suffering
- Out of pocket expenses
- Emotional distress
Although it’s a legal requirement to purchase liability insurance, some drivers don’t. If you discover the negligent driver doesn’t have coverage, you could file a claim with your auto insurance company. Uninsured motorist (UM) is optional coverage in Georgia that provides compensation to an accident victim if the at-fault party doesn’t have liability insurance. Your insurance company should have offered it to you when you bought auto insurance. If you choose to keep it on your policy, you could file a claim for compensation up to the limit you selected. The losses that could be eligible for compensation include:
- Property damage
- Pain and suffering
- Medical bills
- Out of pocket expenses
- Lost wages
- Lost earning capacity
You might also access compensation for losses that the other driver’s liability policy doesn’t cover if their limits aren’t high enough by filing a claim with your underinsured motorist insurance coverage.
Not all insurance companies provide coverage for all of these losses. Your Fayetteville speeding accident attorney from Jonathan R. Brockman, P.C. can review your policy to determine the available coverage and whether it’s enough to compensate you appropriately.
Filing a Lawsuit Against the Driver for Compensation
There are times when insurance companies deny claims or offer a lowball settlement and refuse to negotiate for a higher amount. If that happens, Jonathan R. Brockman, P.C. can file a lawsuit against the other motorist to recover the maximum available compensation you need and deserve. There is a strict timeframe for initiating legal action against another person. Georgia has a two-year statute of limitations, meaning you would have two years from the crash date to sue, or you could lose your right to seek compensation in the courts on this matter.
One particular statute you should be aware of is modified comparative negligence. This could significantly diminish your total losses if a jury finds your actions contributed to the accident. Although the other driver was speeding, if the jury assigns partial blame to you, they can reduce the compensation you’re entitled to receive by the percentage of shared fault.
To clarify, let’s say you incurred $20,000 in total losses from the car crash. The jury finds the other motorist was 75% to blame for speeding, but you were 25% at fault for texting while driving. That means you could only seek up to $15,000 in compensation for the injuries you sustained. If you’re 50% or more responsible for the accident, you can’t recover any amount of compensation in a lawsuit.
Georgia Laws Associated With Wrongful Death Cases
Losing someone in a catastrophic accident can be traumatic and cause severe stress as you’re grieving and determining your options to pursue legal action. You shouldn’t be forced to face the responsibility alone. Jonathan R. Brockman, P.C. can take over your case and file a wrongful death lawsuit on your behalf so you can focus on putting this devastating incident behind you and moving forward with your life.
Wrongful death is the reckless, negligent, intentional, or criminal actions of one person that cause another person’s death. State law only allows specific individuals to initiate a wrongful death claim based on availability. They are:
- Surviving spouse
- If the surviving spouse shares a minor child with the deceased, they must represent their child’s interests during the lawsuit
- Surviving parents
If there isn’t a surviving spouse or parent, the personal representative of the deceased’s estate can pursue a case. The estate must hold any compensation the representative receives for the next of kin.
Two types of monetary losses are available in a wrongful death lawsuit: the intangible value of the deceased’s life and financial losses associated with their death. They include:
- Funeral and burial expenses
- Lost wages and benefits the deceased would likely earn if they survived the crash
- Loss of companionship, care, and other intangibles the deceased provided to family members
- Medical costs associated with the fatal injury
- Pain and suffering the deceased experienced right before death
The statute of limitations for bringing a wrongful death case to civil court is two years. The timeframe begins on the date your loved one died. It might be possible to pause the clock, allowing additional time to prepare your case if there’s a pending criminal case against the at-fault driver. Once that case resolves, the clock would begin again, and you could file your lawsuit.
Contact Jonathan R. Brockman, P.C. for a Free Consultation
The Fayetteville speeding accident attorneys of Jonathan R. Brockman, P.C. are available 24/7 to take your call and discuss your case. We believe in providing personalized, one-on-one attention to each client who hires us. You can depend on our legal team to provide ongoing guidance and support until we resolve your case. You will be our top priority as we’re pursuing the maximum financial award you need to compensate for your losses.
Our award-winning law firm has been recognized for our hard work and dedication to accident victims in Georgia. We hold a 10.0 rating from Avvo and an AV Preeminent rating from Martindale-Hubbell. We’ve also received awards and accolades from the Million Dollar Advocates Forum, Super Lawyers, and the National Trial Lawyers Top 100 Lawyers. We put our experience and skills to excellent use while handling personal injury claims and lawsuits.
If you were in a car accident due to a speeding driver and sustained injuries, do not hesitate to contact Jonathan R. Brockman, P.C. at 770-205-2231. The sooner you call, the sooner our Fayetteville speeding accident attorneys can begin working on your case and fight for the justice you deserve.