Car Accidents

Recover the Full Compensation You Deserve with a Decatur Car Accident Lawyer

Experiencing an injury in a car accident can put the brakes on both your personal and professional life and lead to significant costs. When you have experienced costly injuries in a car accident caused by someone or something else, you could be entitled to compensation from the at-fault party. Determining fault and collecting your damages is a complex process that is best supported by working with a knowledgeable car accident lawyer with extensive experience representing clients injured in different types of personal injury cases, including car accident cases.

To pursue maximum compensation for the costs and damages associated with your car accident, reach out to a Decatur car accident lawyer with Michael M. Day Law Firm, LLC. Our firm has helped thousands of injured clients recover more than $65,000,000 in compensation, and we are ready to put our experience to work for you.

Understanding Car Accidents

A car accident is generally just that – an accident – however, there are oftentimes causes that can be attributed to one or more of the parties involved in the incident. No driver intends to hit another, however decisions that they make and behaviors that they decide to engage in can increase the risk of an accident. That can include reckless driving such as speeding, failing to pay attention to other drivers when on a cellphone known as distracted driving, or making the illegal decision to get behind the wheel after having had intoxicating substances. 

Despite the fact that car accidents can be caused by a broad variety of sources, some of the most common on the road today are: 

• Distracted driving – anytime that a driver is visually, mentally, or manually impaired while driving, they are engaging in distracted driving, which is generally illegal. The most common form of distracted driving is using a phone while driving, and texting while driving is illegal and the use of devices without hands-free help can also result in liability for accidents. 
• Drunk and/or intoxicated driving – anytime that a driver makes the decision to get behind the wheel while knowingly drunk or intoxicated, they will be liable for any damages that result from an accident that they cause. When a driver breaks the law, whether by driving drunk, running a red light, or speeding, they will be liable for accidents that their breach of the law and their duty to other drivers caused. 
• Drowsy driving – drivers have a responsibility to be adequately responsive and functioning when they are driving, and when a driver is fatigued or drowsy and causes an accident, they will be liable. If you were hit by a commercial driver or a truck, drowsy driving is a cause that your car accident lawyer will explore, as companies that work their drivers into fatigue can be liable for the damages caused in resulting accidents. 
• Vehicle and/or equipment malfunctions – Aside from a driver being responsible, another common cause of motor vehicle collisions is the malfunction of equipment such as brakes or engines that lead to vehicle errors. If a truck’s brakes experience a malfunction and a crash results, the manufacturer of the defective equipment may be liable for the damages that result. 

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• Pay $0 unless we’re successful
• Get 1-on-1 personal support
• Talk directly with Attorney Day

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The broad variety of causes of car accidents are helpful to understand how parties may be liable for the damages, and following is a consideration of the types of car accidents that can result. Identifying the liable party, measuring your complete damages now and into the future, and effectively recovering them is the central role of your car accident lawyer from Michael M. Day Law Firm, LLC. 

Types of Car Accidents

There are a broad variety of ways in which motor vehicles can be involved in accidents, with the cause of these accidents generally impacting the parties that are liable, and the damages that are available to you and your family if you are injured. 

Some of the most common types of car accidents include: 

• Rear-end Collisions – If your vehicle was hit in the back by another driver, you have been the victim of a rear-end collision, which can lead to neck and back injuries, amongst others. Some of the most common causes of rear-end collisions are distracted driving and malfunctioning brakes due to defective equipment or improper maintenance. 
• T-bone Accidents – When another vehicle strikes yours from the side, like a capital letter “T,” you have been involved in a T-bone accident. If you or a loved one has experienced life-altering, long-term injuries because another driver ran a red light, t-boned you while drunk or distracted, or some other reason, you may have a claim for coverage on your damages, and your car accident attorney from Michael M. Day Law Firm, LLC can help. 
• Head-on Collisions – When another vehicle hits you head on, the injuries and property damage that result can be severe. If another driver went over the median or center line and drifted into your lane, or an equipment malfunction caused them to suddenly move in front of you, they may be responsible for the outcome. 
• Hit and Run Incidents – When an accident occurs, the drivers involved have a responsibility to remain present to exchange information about the accident and allow law enforcement and emergency personnel to assess the situation. If a driver ran from the scene of an accident, they may face criminal charges while also being responsible for the damages that they caused. 
• Motorcycle Accidents – Drivers have a responsibility to watch out for motorcycles on the road, and when motorcycle accidents do happen the injuries experienced by the motorcyclist can be severe. If you or a loved one has experienced significant injury, or if you have lost a loved one to a motorcycle accident, you may have a claim, and a lawyer with extensive experience on motorcycle accidents from Michael M. Day Law Firm, LLC can help. 
• Uber Accidents – If you find yourself involved in a collision while using Uber services, particularly if your vehicle is struck from behind, it’s classified as a rideshare rear-end collision. If you’ve been the victim of a rideshare rear-end collision, seeking compensation for your damages may be crucial, and a skilled attorney can guide you through the legal process.
• Lyft Accidents – Whether your Lyft car accident was because the other driver ran a red light, was intoxicated, or distracted, you may have a claim for coverage on your damages. A car accident lawyer from Michael M. Day Law Firm, LLC can assist you in navigating the complexities of Lyft accidents, helping you pursue the compensation you deserve for your injuries and losses.

The unique facts and circumstances of the accident you were involved in will determine the liable parties, and who will be responsible for covering medical costs, lost wages, lost earnings potential, pain and suffering, and more. It is helpful to work with an experienced Decatur car accident lawyer when you have experienced long-term, life-altering injuries in a car accident, as your settlement can determine your financial stability for years to come. We know how to make the most of your damages to ensure that you and your family are fully covered for all costs linked to the accident.

Georgia Traffic Accident Statistics

The roads in Georgia are the site of a great many accidents and fatalities each year. The Georgia Department of Public Health tracks motor vehicle crashes (MVCs) which include traffic and non-traffic cases. In 2017, traffic deaths were the leading cause of injury deaths for Georgians aged 5-24 years of age and those aged 55-64. Georgia had the 4th highest rate of traffic fatalities at 1,540 of the 50 United States in 2017, even though the state holds the 8th largest population in the US.

Common Causes of At-Fault Car Accidents

You can only collect compensation for damages that you can prove, and you can only collect damages when you can prove that someone or something else was the cause of the car accident. Proving that someone or something else is liable for your damages requires that the facts and circumstances of your accident prove that the other party was negligent. Negligence is when a duty or responsibility owed to you is breached, and that breach causes an accident that leads to costly injury to you.

Drivers will be at-fault and liable for related damages when they engage in the following common causes of car accidents:

• Drunk driving
• Distracted driving
• Drowsy or fatigued driving
• Speeding
• Reckless or aggressive driving

Your experienced car accident lawyer will apply the facts of your accident and other evidence they collect on your behalf to prove the negligence of the other party. Once negligence is proven, the next step is measuring the damages linked to your injuries by collecting medical and occupational expert opinions.

Immediate Steps to Take After a Car Accident

If you have never been in a car accident before, the first one you go through may be a shocking experience. The jolt of realizing that you may have just been killed can be further complicated by damage not only to your vehicle, but to your person as well. Motor vehicle crashes are a leading cause of long-term, life-altering injuries, including traumatic brain injuries (TBIs), neck and back injuries, and more.

Knowing what to do following your car accident will support your eventual claim to recover compensation for the associated costs, with the process beginning with a consideration of your safety and that of all passengers first in your vehicle, then all other vehicles involved in the crash. 

Safety First: Contact Emergency Medical Services and Law Enforcement

Immediately following an accident, the adrenaline can lead to shock, which can result in injuries being overlooked. It is important to immediately contact emergency medical services and law enforcement if you have been in a crash. Emergency medical personnel will assess the condition of those involved in the accident, and the police will create a report, and assist with the exchange of information and insurance documentation among the involved drivers. 

Connect with a Decatur Car Accident Lawyer 

Most car accident claims proceed through the following process, which we’ll manage fully. For those parts that require your participation like medical assessments, we provide you with help and support in scheduling, and anything else ranging from drafting to negotiations with the insurance company we cover in full. 

The claims process is as follows:

1. Gathering evidence to determine the liability of the at-fault party 
2. Collecting evidence to accurately measure your present and future medical and occupational costs 
3. Drafting your claim for complete, comprehensive damages 
4. Submitting your claim to the liable party, often an insurance company  
5. Negotiating a fair and complete settlement to your claim with the insurance company and their team of attorneys  
6. If your claim is denied, an appeal may be possible  
7. When an appeal is not viable, the only option is to take the responsible party to court 

Following a serious injury in a car accident, the last thing you expect to have to do is learn negligence law, how it applies to your accident, and to then move through the insurance claims process while applying negligence to your situation. Your Decatur car accident lawyer from Michael M. Day Law Firm, LLC provides a free consultation to determine if your case is a fit with our firm, and if so, we only get paid if we win. 

We cover the full timeline on your behalf from the time we take your case to the time you are paid your damages. The process of accurately measuring then collecting the damages you are entitled to is complex, but with an experienced attorney by your side it is just a matter of time and processing before you receive what you deserve.

Should You Hire an Attorney for Your Car Accident Case? 

When another party caused the accident, you’ll generally be recovering compensation from their insurance company. The insurance company works for profit, not for you, and they make more profits by decreasing costs, like settlements paid to injured persons. Hiring an attorney for your car accident case ensures that you are able to collect the full compensation that you are entitled to. Your Decatur car accident attorney steps into your shoes and handles all negotiations with the insurance company on your behalf, recovering the full amount you are entitled to. 

Proving Negligence After a Car Accident

If your own actions have led to a car accident, you’ll generally turn to your own insurance companies for coverage, whether your automotive insurance for damage to your vehicle and medical insurance to cover your medical bills. Lost wages and earnings in such a situation may ultimately be your responsibility. However, when your accident was caused by the negligence of another party, then you have a claim to collect compensation for your damages from the negligent party. 

To prove negligence following your car accident, your experienced car accident attorney must prove the following elements to the insurance company, or the court if the insurance company of the liable party refuses to pay: 

• Duty – the first element of negligence is duty, which means that the other party involved in the accident must have owed you some duty. When it comes to car accidents, all drivers have a duty to drive within the rules of the road, with a sober, attentive, and rested mind and body. 
• Breach – the duty that is owed to you by the other party must be breached. For example, drunk driving is illegal and roads have speed limits, and if a drunk driver was speeding and hit you, they could be liable for the damages that result for either reason, so long as the following two elements also apply. 
• Causation – it is necessary that the breach of duty was the cause of the accident that led to your injuries, meaning because of the speeding or drunk driving of the other driver, the accident happened which caused the next and final element. 
• Damages – for negligence to have occurred, the breach of duty that caused injury must have resulted in damages. If there are no damages, there is nothing for you to recover, and when it comes to motor vehicle collisions, damages include your medical bills, damage to your vehicle, lost wages while recovering, any long-term impact on your ability to earn, and potentially damages for pain and suffering. 

Damages from Your Car Accident Are Economic and Non-Economic

When you are injured in a car accident, the purpose of pursuing compensation is to cover all financial costs related to your accident as well as to compensate you for non-financial damages. These are termed economic and non-economic damages, and whether you are awarded them and in what amount you receive depends upon how the law applies to the unique facts and circumstances of your case.

Economic damages are those with a set amount that can be proven with evidence, such as receipts or expert opinions. This includes:

• Short-term medical bills
• Long-term medical bills
• Lost wages after the accident
• Lost work benefits like sick time or vacation time after the accident
• Lost earnings ability due to disability resulting from the accident

Non-economic damages include:

• Pain and suffering
• Loss of enjoyment in life due to injury and/or disability resulting from the accident
• Loss of consortium on behalf of a surviving family member if a loved one was lost in a car accident

Accurately measuring your damages requires the input of medical and occupational experts to calculate the short and long-term costs linked to your injury.

You Can Only Collect Damages Supported by Evidence

While it would be ideal if you automatically received the full amount in compensation that you are entitled to following your motor vehicle accident, this is not the case. Instead, you must first gather evidence to completely and accurately measure the damages associated with your accident. One of the benefits of working with a local car accident lawyer is their local network of experts that help you obtain the evidence needed to fully measure your claim.

Future medical costs are measured by medical experts who review your injuries and calculate the amount and cost of medical care they will require for the remainder of your life. An occupational expert takes the medical information and applies it to your work life, measuring the impact of your injuries on the amount of money that you can earn in the future. Non-economic damages are more difficult to determine a set number for, but your experienced Decatur car accident lawyer will look to past cases and prior negotiations to identify an amount that is fair and is best pursued in settlement negotiations or the courtroom.

Insurance and Car Accidents: What You Need to Know

When a car accident happens and damage occurs, it becomes an issue of liability, with insurance companies generally covering costs associated with their liable insured drivers. For example, if you are hit by an Amazon truck that pulled a wide turn into your lane, the insurance company behind the Amazon truck will be liable for the resulting damages. 

How do you get the Amazon insurance company to pay for the damages associated with your accident? This is the first essential question to ask following your car accident, after the safety and security of everyone involved has been ensured. To begin, it is helpful to gather evidence from the scene of the accident, as videos of the vehicles before they are moved can be helpful in determining liability later on. 

Insurance Companies Conduct Accident Reconstruction Analyses to Fight Your Claim

To determine liability, you need to effectively present facts that prove that the liable party was the cause of the accident. For example, if you were rear-ended by another vehicle, their insurance company may try to assign liability to you by claiming that you stopped short. You’ll need to prove that the vehicle behind you failed to stop effectively, causing the collision. The insurance company applies their experience to avoid liability in an effort at reducing or denying as many claims as possible. 

The Insurance Company Works for Profit, Not for You

It is essential to understand that insurance companies generate revenue by collecting premiums from the parties they insure, and their primary costs are payments made to injured claimants like you. To increase profits, insurance companies will do whatever they can to avoid liability in order to reduce their costs. 

This means that the attorneys and claim analysts of the insurance company apply the full breadth and depth of their experience against you and your claim. Incomplete coverage for your damages leaves you and your family to cover the costs associated with your accident out of your own finances. This can be financially debilitating in the long-run, and can be avoided through an effective claim or case for your rightful damages. 

A complete settlement for your car accident includes coverage for your short-term medical care as well as any long-term treatments or other services you require. It also includes any lost wages during recovery, and any difference in your earnings potential due to the long-term symptoms of your injuries. In some instances, damages for pain and suffering may also be available, and your experienced Decatur car accident lawyer from Michael M. Day Law Firm, LLC will carefully review all angles of the accident to build the best possible claim on your behalf. 

Your Car Accident Attorney Handles All Communications and Negotiations

The insurance company is not sensitive to your financial position, but your Decatur car accident attorney is. We only take cases that fit with our firm, and we only get paid if we win, out of an agreed upon percentage of the earnings we generate. Our motivation is exactly the opposite of the insurance company, in that our goal is to make the most of your settlement or case. 

Insurance Claims Process

As mentioned, the insurance company of the responsible party will generally be responsible for the damages that you are seeking in your claim. Submitting a claim to the insurance company can be a complex and confusing process, and requires that you provide sufficient evidence of all your damages, and then successfully negotiate a settlement. When a claim is improperly denied, or too low an amount is offered, taking the insurance company to court may be necessary. 

Filing an Insurance Claim

The filing of an insurance claim requires that you do the following: 

• Identify the appropriate insurance company of the at-fault party
• Gather evidence from medical and occupational experts, evidence from the scene, witness statements, police statements, and anything else to help prove the negligence of the opposing party 
• Draft your claim onto the appropriate forms, including evidence in such a way that the insurance company’s lawyers will recognize its strength and offer you a fair settlement

Dealing with the Other Party’s Insurance

Your Decatur car accident lawyer handles all dealings and negotiations with the other party’s insurance company on your behalf. The insurance company has a team of attorneys working for them, and without your own working on your accident claim, it is difficult to recover a fair and complete amount.

The Most Common Injuries from Car Accidents

The human body is not meant to move at speeds over 60 miles per hour, and when a person is in a car that experiences a collision or other motor vehicle crash, their body can experience serious harm.

Traumatic Brain Injury

Motor vehicle accidents are one of the leading causes of traumatic brain injury, or TBI, which can forever change your brain chemistry. Changes in brain chemistry can impact your ability to work, change your personality, cause an increase in irritability, and ultimately impact your ability to enjoy life.

A traumatic brain injury is caused by a bump, blow, or penetrating wound to the head. The injury is internal and can take time to emerge. Without immediate medical attention, symptoms can worsen. If you have been in a car accident, it is essential to seek out immediate medical attention to ensure that you do not have internal injuries. After you have received emergency medical care, it is time to reach out to a Decatur car accident lawyer.

Spinal Cord Injury

Serious car crashes can impact the spine, which can lead to partial or complete paralysis and a number of other significant health issues. The National Institute of Health recently concluded through research that “the chance of sustaining serious spine and associated multiple injuries in car accidents is quite high.” These injuries can require lifelong medical care that will require evidence to accurately measure and collect your damages.

Neck and Back Injuries

Neck and back injuries are common outcomes in car accidents, with the back-and-forth momentum often leading to whiplash. Whiplash is damage to the soft tissues and muscles of your neck and can lead to lasting discomfort and issues with mobility. It may at first emerge as a sore neck or headache, but neck and back injuries can result in ongoing pain. Ongoing pain often demands pain management efforts and can impact your ability to work. Determining the extent of your neck and back injuries is essential, and your Decatur car accident lawyer will ensure they are ascertained, and proper compensation is sought.

Getting Medical Care After a Car Accident

One of the most substantial costs associated with your car accident is oftentimes the medical care linked to the life-altering, long-term injuries that result from serious car accidents. It is essential to ensure that not only your immediate emergency medical care after the accident is covered, but also your long-term medical costs. That is one of the key roles that your Decatur car accident attorney plays if we work with you on your claim. 

Emergency Medical Care and Other Treatments May Be Covered 

Minor accidents that result in property damage alone are generally resolved through the insurance companies of the drivers involved independently. If you are in a minor fender-bender, you’ll exchange information with the opposing driver and contact your own insurance company, and be directed from there. However, when serious injuries have occurred and emergency medical care is needed, that care in addition to any related care is the responsibility of the party liable for the accident. 

Long-Term Care, Rehabilitation, Medications, and Counseling May Be Covered 

Motor vehicle accidents are a leading cause of traumatic brain injury, TBI, as well as a variety of injuries to the neck, back, and spinal cord. When a motor vehicle is brought to a sudden halt from high speeds due to a collision, the soft tissues and bones of the human body are impacted. Whiplash occurs when your neck is whipped in one direction or another, which can cause serious injury to the soft tissues of the neck, resulting in long-term pain and in some instances multiple surgeries. 

Any treatment that the injuries from your car accident require should be covered within the context of your comprehensive insurance settlement. If a back injury requires surgery and ongoing pain medication and rehabilitation in the long-term, those costs should be an aspect of your settlement. It is essential to understand that you can only collect compensation that you can prove with evidence, and the responsible party’s insurance company is not going to give you anything that you cannot prove in such a way that the courts would accept the evidence behind it. 

Calculating the Long-Term Costs of Your Injuries Requires Expert Input 

How much will a back injury from a Decatur motor vehicle accident cost in the next year? What will the treatments, medications, rehabilitation sessions, or additional surgeries throughout your entire life linked to your back injury lead to? These are questions that you are not expected to know, but the liable party’s insurance company will require that you prove them in order to collect related compensation.

Medical experts familiar with the insurance process are needed to assess your current condition, and to calculate out what treatments you’ll need in the future and their associated costs. These types of experts can be difficult to find, but Michael M. Day Law Firm, LLC has a network of local medical and occupational experts to put to work on your car accident claim. Occupational experts assess your medical review to determine how your injuries will impact your ability to work, and these are all factored into the claim that we’ll pursue on your behalf.

When Should I Hire an Attorney for a Car Accident?

You should connect with an experienced lawyer from Michael M. Day Law Firm, LLC as soon as possible after you have received emergency medical care. We can help with the rest and help schedule appointments with experts to build your claim if we are able to take your case. 

About The Legal Process for Car Accident Settlements

When settling isn’t possible, suing the responsible party in court is necessary. This adds further complexity as your evidence must be submitted in accordance with the rules of the court, and your filings must follow a specific process. Working with a knowledgeable attorney helps to remove the guesswork and difficulties associated with trying to learn how to practice the law while filing a case to recover damages for your car accident.

Reach Out to a Car Accident Lawyer for Help on Your Claim

Connecting with a local, experienced Decatur car accident lawyer from Michael M. Day Law Firm, LLC will ensure that your claim is built correctly from the ground up. We offer free consultations and only get paid if we win. Our firm has recovered over $65 Million for our clients, and we have a 99% success rate. To learn more, reach out now by scheduling a consultation or calling us at (678) 256-2869. 

GET THE COMPENSATION YOUR DESERVE

Why choose Michael M. Day Law?

• Pay $0 unless we’re successful
• Get 1-on-1 personal support
• Talk directly with Attorney Day

free case evaluation