Unless the weather is severe, few people go online and check road and traffic data before getting behind the wheel. They may be entirely unaware of any hazards on the road or unexpected congestion. In addition to the thousands of drivers, roadways are filled with bicyclists and people on motorcycles. The sheer volume of traffic alone will ensure the inevitable mishap.
Staying calm is one of the most important things to do if you are in a car accident, especially if the other party decides to sue. Being named in a lawsuit can be scary and have serious implications.
Here is a typical scenario: A year ago, a driver gets into a car accident. That driver is found to be at fault. At the time of the incident, the at-fault driver’s insurance provider paid the claim. Recently however, another lawsuit has been filed.
In a situation similar to this, the first thing many people do is panic. But if you have a sound strategy and work with a personal injury attorney in Atlanta, you will be able to reduce your legal liabilities to virtually nothing at all.
Determine if You Are Truly At Fault
Under several circumstances, the determination of who is at fault in a car accident can be made simply by reviewing the property damage and the environment in which the incident occurred. In other situations, it may not be so simple.
Establishing negligence or fault is a complicated matter with many facets. The easiest consideration is whether either vehicle was stopped or parked. Another consideration when determining who is at fault is the condition of the road at the time of the accident. Heavy rain, fog or slick roads can play a part.
In some states, the mere act of rear-ending another vehicle is an automatic fault. The rationale is that, if a person was maintaining the proper following distance, they would have time to stop.
To determine who is at fault in an accident involves a thorough examination of the contributing factors and their causes. But some mistakes on the road are always a fault, such as failing to yield to vehicles that have the right of way.
What to Do If You Are Being Sued
After you realize you are being sued, contact your auto insurance provider. If you have a different provider than the one since the accident, contact the company who was responsible for the original claim. Your original coverage should still be valid.
Next, make sure the claim falls within the statute of limitations for Georgia, which is two years after the accident.
To ensure you don’t pay any additional amount beyond what your policy covers, it’s best to speak to a lawyer about the matter. For the most part, the insurance policy of the driver at-fault should be sufficient enough to cover the costs any injuries involved and related penalties. If this is not the case, you will typically be notified in a very timely manner so you can create a strategy to raise the additional funds.
A personal injury attorney in Atlanta will be able to assess the situation, help you get proper medical treatment, evaluate medical evidence, and help you calculate your losses so you can recover the maximum amount of damages to which you are entitled.