After suffering injuries in an auto accident that was caused by the carelessness and negligence of another driver, you need to take the following steps to preserve and protect your claim or lawsuit for damages, both at the scene of the occurrence and the days and weeks following it.
Make an Immediate Assessment:
Remain calm and make an immediate assessment of the aftermath. If anybody at or near the accident scene has been injured, call 911 for immediate help. Any failure by you to stop and render aid at the scene is a misdemeanor under Georgia law, pursuant to OCGA Sect. 40-6-270 (c), even if there are no visible signs of injuries to a victim of the crash. This includes moving vehicles from the scene to a safe location in the event that they pose the hazard of a secondary crash to other vehicles on the roadway. In all other cases, the vehicles should be left where they came to rest pending an investigation by police. Injured drivers or occupants should be left inside of the vehicles and seat belted until such time as trained first responders arrive and remove them.
The Four Duties Incumbent Upon Drivers:
If a crash occurs, four duties arise that are incumbent upon drivers. Those duties follow:
- Provide their name, address and vehicle registration number of the vehicle they were driving.
- Provide their drivers license to any occupants of the other vehicle is requested.
- Provide reasonable aid and assistance to an injured victim, including but not limited to transporting or arranging transport for the injured victim to a place where he or she can obtain medical care and treatment for the injuries that they suffered.
- Make every reasonable effort to contact first responders should a victim be injured or appear to be unconscious or dead.
Don’t Give an Apology or be Confrontational:
Never confront or anger anybody else who was involved in the crash. Don’t say you’re sorry, even if the crash wasn’t your fault. That apology can be used against you. Conversation should be kept to a bare minimum. Names and addresses of drivers or others claiming injuries can be obtained. Who might be at fault for your accident should only be discussed with your attorney or in your court testimony.
Comparative Negligence:
Any negligence for the crash that might be attributable to you as a driver can be taken into account by a judge or jury. Georgia is what’s known as a modified comparative negligence state, meaning that a person might still recover a percentage of their damages, so long as he or she is determined to be less than 50% at fault for the accident. Anything above 50% results in a verdict for the defendant.
The Statute of Limitations:
A person claiming injury in a car accident that occurred anywhere in Georgia generally has two years from the date of the accident to file his or her personal injury lawsuit. This is known as the statute of limitations. Some exceptions to the statute exist, so it’s best to speak with a personal injury lawyer if you believe that you might fit into one of them. You need not settle your case within two years, but it must be filed within that time.
Never speak with an opposing insurance company or its adjuster or attorney after being injured in an accident. You could unknowingly harm your own case. Speak with a local attorney instead.
The highest rated personal injury attorney in Gainesville Georgia is Weaver Law Firm Injury Attorneys.