The State of Georgia takes the act of running a red light seriously, especially if a car collision occurred. The law considers drivers negligent when they break laws. Negligent drivers are liable to pay for damages they caused.
A Smyrna red light accident lawyer can help you seek compensation for injuries and property damage. Calling Bader Scott Injury Lawyers before contacting the insurance company could save you from making a mistake.
Insurance representatives are particular about wording. You do not want to admit to any amount of fault on your part. How much you contributed to the accident can influence your claim and award amount.
Even if the negligent driver was uninsured or underinsured, you may be concerned about who will pay for your medical bills and vehicle repair costs. Call (404) 888-8888 to speak with the team at Bader Scott Injury Lawyers about your car accident.
Liability and Comparative Negligence
A driver who causes an accident by running a red light puts everyone at risk for injury. All Georgia drivers have a duty to care for others by reducing road-related dangers. The law can hold reckless drivers responsible for paying for damages.
In an at-fault state like Georgia, the law makes the person who caused the accident financially responsible. Meaning they will need to pay for damages and losses that occurred.
Georgia determines fault through a comparative negligence model, as stated in O.C.G.A. § 51-12-33. Comparative means how much each party is responsible for causing damages. Negligence means failure to do something properly, such as stop at a traffic light.
All parties involved in a collision will receive a liability percentage from zero to a hundred. If there are two drivers involved in the accident, for example, one could be 75 percent liable, and the other would be 25 percent.
Other factors that can cause a driver to run a red light could include:
- Inclement weather
- Traffic light malfunction
- Not being able to see the light
- Not noticing the light
- Confusion about which traffic light to follow
In most cases, running a red light was not the only law the driver broke. Speeding, distracted driving, and driving under the influence of drugs and alcohol are all common co-occurring offenses. These connected actions can also cause property damage and personal injuries to be more severe.
A Smyrna red light accident lawyer can review your case and help you file a claim with the insurance company or file a lawsuit against the driver. Contact Bader Scott Injury Lawyers for more information on how to handle seeking compensation from the liable driver.
For a free legal consultation with a red light accidents lawyer serving Smyrna, call (404) 888-8888
Insurance Companies and Recoverable Damages
All drivers must have vehicle insurance that meets the state’s requirements. Georgia set a minimum, and drivers must have at least that amount of coverage or more. According to the Office of Insurance and Safety Fire Commission (OCI), the minimum insurance coverage each Georgia driver needs is:
- $25,000 for injuries of one person
- $50,000 for injuries of two or more people
- $25,000 for property damage
These minimum requirements are in place so that there is coverage in case of an accident. Insurance companies will cover the costs of accident-related expenses. However, insurance companies will only pay up to the policy’s limit.
Most car insurance policies will pay:
- Medical bills and health care expenses, such as emergency care, surgeries, treatment, therapy, and medications
- Property damage, including vehicle repairs and replacements
- Lost wages from missing work because of injuries
- Pain and suffering compensation for physical and emotional anguish
Most policies also have coverage if uninsured or underinsured drivers hit policyholders. Drivers are underinsured when the cost of damages is more than their car insurance policy. Drivers with only minimum coverage may fall into this group.
When the damages are more expensive than the other driver’s insurance coverage, your insurance may need to cover the excess. Most insurance policies include Uninsured Motorist coverage unless you explicitly write that you do not want the coverage.
However, insurance companies—even yours—do not want to pay out claims. Insurance adjusters may try to say you are more at fault. Bader Scott Injury Lawyers can speak on your behalf and fight for the compensation you deserve.
You may need to sue to get financial awards from the driver who ran the red light. One of our team members can go over your legal options.
Smyrna Red Light Accident Lawyer Near Me (404) 888-8888
Red Light Accident Lawsuit
You have two years to file a lawsuit for personal injury or wrongful death compensation. To file a lawsuit, you must have experienced losses and be less than 50 percent liable for the accident.
Many lawsuits end in settlements, as they are less costly and timely than court cases. Settlements are a lump-sum payment to drop the case against the defendant. The settlement amount is one that both parties agree to, and it might be the original amount you requested.
Evidence can strengthen your claim and is beneficial when demanding a settlement or lawsuit award. Your legal team will need to establish that the driver who ran the red light was negligent and caused you or your family harm.
Some types of evidence that can help in red light lawsuits include the following:
- Pictures and videos of before, during, and after the accident
- Police reports
- Insurance adjusters assessment notes
- Medical records detailing your injuries
Call Bader Scott Injury Lawyers For a Free Consultation
The team at Bader Scott Injury Lawyers can investigate your case and gather the necessary evidence. A Smyrna red light accident lawyer can also present the evidence in a way that backs your claim for compensation.
Call Bader Scott Injury Lawyers at (404) 888-8888 for more information about red light car accidents and seeking reimbursement for your losses.