Yes, you can sue someone personally after a car accident. However, in order to file a lawsuit against another individual, you will need to prove that they are responsible for the harm you suffered.
You will need to establish:
- Duty of care. Everyone has an obligation to drive safely on public roads.
- Breach of duty of care. The other party did not uphold this obligation.
- Causation. The other party caused your collision.
- Damages. You have incurred monetary losses as a result of your car accident.
If you were involved in a collision, you know firsthand how it can affect your life. It could be a good idea to discuss your case with an Atlanta car accident lawyer if you have questions regarding your situation. They can also help you with the process of recovering compensation for your losses.
You May Not Need to File a Lawsuit
You will probably not need to sue someone personally after a car accident. This is because most car accident cases are resolved through insurance negotiations. If the other party has insurance coverage, you could file a claim and recover compensation through this method.
By resolving your case through an insurance settlement, you can avoid:
- Undergoing the lengthy litigation process
- Making in-court appearances
- The costs associated with filing a lawsuit
All lawsuits in Atlanta must also adhere to the state’s statute of limitations. OCGA §9-3-33 says that you have two years from the date of your collision to file a lawsuit. Failure to do so could jeopardize your case.
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Potential Causes of Your Motor Vehicle Accident
If you cannot resolve your case through an insurance claim, to sue someone personally after a car accident, you will need to prove how the collision happened. You will also need to prove how another party’s negligence resulted in your losses.
Some potential causes of your car accident may include:
- Speeding. If another driver was traveling above the legal speed limit at the time of your accident, this could have been a contributor to your crash. Speeding decreases reaction time and makes it difficult to manage a vehicle on the road.
- Drunk driving. Driving while intoxicated is illegal in Georgia. If another party’s drunkenness caused your accident, you can sue them.
- Distracted driving. Using a cell phone, talking to passengers, or even looking away from the roadway can lead to accidents. If another party was distracted and this led to your accident, you could recover compensation.
- Driver error. Every driver makes mistakes, and sometimes, these errors lead to accidents. Inexperience and poor decision-making are sometimes contributing factors, too.
- Tailgating. All motorists must maintain a safe following distance from the vehicles in front of them. By failing to do so, they increase the risk of causing rear-end collisions.
- Failing to obey traffic signals. Traffic lights exist to regulate the flow of traffic. When a motorist does not heed these signals, they can cause a crash.
These causes (and many others) lead to a high number of accidents each year.
Pursuing Compensation via a Car Accident Lawsuit
If you sue someone personally after a car accident, you may be doing so to recoup a number of damages. Through your personal injury case, you could claim damages for pain and suffering. You could also receive reimbursement for the property damage costs, medical expenses, and lost wages related to your accident.
The details surrounding every car accident are unique. Depending on your case, you could recover compensation for loss of consortium, loss of parental guidance, and loss of household benefits. Speaking with a car accident attorney in Atlanta could be beneficial in helping you determine whether a lawsuit could resolve your case.
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Explore Your Legal Options
Being the victim of a car accident can affect your life in countless ways. If you were injured in a collision caused by another party, you can sue someone personally after your accident. Initiating legal action can serve your interests in a number of ways. Primarily, filing an insurance claim or lawsuit could help you secure financial recovery for your accident-related losses.
Your lawyer can help you recover compensation by:
- Collecting evidence of negligence
- Determining liability
- Interviewing witnesses and third-party field experts
- Estimating the cost of your collision-related expenses
- Demonstrating how your accident happened and who was responsible
- Negotiating a settlement with the liable insurer
- Filing a lawsuit, if necessary
We handle all the legal aspects of your case so you can focus on healing from your injuries.
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Call Bader Scott Injury Lawyers Today
If you are interested in exploring your legal options, Bader Scott Injury Lawyers is available to discuss your case.
Call (404) 888-8888 today, and a team member will answer your questions during a free consultation. We can help you determine your legal options.
Call or text (404) 888-8888 or complete a Free Case Evaluation form