Each year, highway accidents lead to devastating injuries and tragic deaths. Unfortunately, this happens in the state of Georgia and throughout the United States. The sheer speeds at which vehicles are traveling greatly increase the potential for disaster. At Miller Legal Services, we understand how difficult it can be to deal with a highway wreck. Our car accident lawyers are dedicated to helping victims in Marietta and the surrounding communities try to hold negligent parties responsible for the harm that they cause. We can meticulously gather the facts of your case and seek the compensation you deserve for your injuries.Pursuing Compensation after a Highway Accident
Car wrecks on highways can happen for a number of reasons, such as excessive speeding, drunk driving, disobeying traffic laws, sudden lane changes, or tailgating. Most of these behaviors are the result of careless conduct that could have been avoided. If you have been hurt due to someone else’s carelessness, you can usually take legal action against the at-fault party.
Typically, an injured victim can file a negligence lawsuit. Negligence is the failure to exercise reasonable care in one’s actions. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. Therefore, what is considered “reasonable” will be assessed based on the context of the situation. For example, a driver who fails to check his or her blind spot and causes an accident while changing lanes on a highway would likely be deemed negligent. So would someone who speeds 30 miles per hour over the speed limit and fails to brake in time to avoid a wreck.
In order to prevail on a negligence claim, the victim has to prove the following elements:
- The defendant owed the victim a duty to exercise reasonable care;
- The defendant breached that duty by violating a traffic law or engaging in another type of careless conduct;
- The defendant’s breach caused the accident; and
- The victim incurred quantifiable damages as a result.
Highway accidents often involve multiple parties, which can make determining and apportioning liability relatively complicated.
Once an injured individual establishes negligence, he or she can potentially seek compensation for medical bills, the costs of future treatment, lost income and benefits, pain and suffering, property damage, and any other expenses stemming from the accident. A victim can receive money in installments over time or as a lump sum amount.
An injured person only has a limited time to file a negligence lawsuit, known as the statute of limitations. Under Georgia law, a car accident case generally must be filed no later than two years from the date that the wreck happened. Failure to file within this time could mean losing your right to take legal action altogether.Knowledgeable Legal Guidance for Injured Individuals in the Marietta Area
At Miller Legal Services, our experienced injury attorneys have helped many accident victims in the Marietta area pursue the compensation they deserve after a car wreck. While no amount of money can undo the harm you have suffered, the compensation can help ease the burden of the sudden expenses that may pile up after such an accident. Filing a personal injury claim can be a daunting process, but there is no need to face it alone. We will make the process as seamless as possible for you. Our firm proudly serves injured individuals throughout Georgia, including in Roswell and Smyrna. To learn more, call us at 770-284-3727 or contact us online for a free consultation.