Common Causes of Car Accidents in Marietta
Car accidents happen for many reasons, but negligence is often the primary cause. Whether it’s a distracted driver, a motorist ignoring traffic laws, or a defective vehicle, most accidents are preventable. Some of the most common causes of car accidents in Marietta include:
- Distracted Driving: Texting, talking on the phone, or even eating behind the wheel can lead to severe accidents. In fact, distracted driving is one of the leading causes of collisions in Georgia, with over 54% of all crashes involving at least one distracted motorist.
- Speeding: Driving above the speed limit or too fast for conditions increases the likelihood of losing control, especially on slick or congested roads like Cobb Parkway or Barrett Parkway.
- Driving Under the Influence (DUI): Alcohol or drug impairment slows reaction times and impairs judgment, making DUI one of the most dangerous behaviors on the road. Marietta sees many alcohol-related accidents, especially during weekends and holidays.
- Reckless Driving: Tailgating, weaving between lanes, and other aggressive driving behaviors are common on Marietta’s busy roads, creating hazardous conditions for everyone on the road.
- Failure to Yield: Intersection accidents often happen when drivers fail to yield at stop signs or traffic lights, a frequent issue at busy intersections like Roswell Road or Delk Road.
- Defective Vehicles or Parts Occasionally, accidents are caused by malfunctioning brakes, airbags, or other vehicle components. In such cases, the manufacturer or distributor may be liable for the defect.
Our team at Morrison & Hughes has extensive experience handling all types of car accidents, including single-vehicle crashes, multi-car pileups, and work-related accidents. Whether your accident was caused by distracted driving, defective vehicle parts, or other factors, we have the skills and resources to thoroughly investigate and build a strong case on your behalf.
Liability in Car Accident Lawsuits
Determining liability is key in car accident cases, as it establishes who is responsible for paying damages. Liability refers to a party’s legal responsibility for the harm caused in an accident. In Georgia, fault is determined by a legal standard known as negligence, which requires proving the following elements:
- Duty of Care: All drivers are legally obligated to follow traffic laws and operate their vehicles safely.
- Breach of Duty: The at-fault party failed to meet this duty by acting negligently (e.g., speeding, running a red light).
- Causation: This breach of duty directly caused the accident and your injuries.
- Damages: You suffered losses due to the accident, such as medical bills, lost wages, or pain and suffering.
In Marietta car accident cases, several parties could potentially be liable:
- The At-Fault Driver: The driver who caused the accident by speeding, running a red light, or driving distracted is typically the first party considered for liability.
- Employers: If the accident involves a commercial vehicle, such as a commercial truck, the employer may be responsible for their driver’s negligence.
- Vehicle Manufacturers: In cases involving defective vehicles or car parts, the manufacturer or distributor could be liable for the accident under product liability laws.
- Government Entities: If hazardous road conditions, such as improper signage or poorly maintained roads, contributed to the crash, a government entity may share in the liability. However, suing a government entity has specific notice and filing requirements that make these cases more complex.
Proving liability requires gathering compelling evidence, such as traffic camera footage, police reports, witness statements, and expert testimony. At Morrison & Hughes, our legal team thoroughly investigates every aspect of your case to build a strong claim for compensation.
Compensation in Marietta Car Accident Cases
The aftermath of a car accident can be financially devastating. Through a personal injury claim, victims may be entitled to recover compensation for a variety of losses, including:
- Medical Expenses: This includes both past and future medical bills, covering hospital stays, surgeries, rehabilitation, medications, and any ongoing care required for injuries sustained in the accident.
- Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for the income you’ve lost. Additionally, if the injuries affect your long-term earning capacity, you may recover damages for diminished earning potential.
- Pain and Suffering: These non-economic damages compensate you for the physical pain and emotional distress caused by the accident. This can include anxiety, depression, and a general loss of enjoyment of life.
- Punitive Damages: In cases involving extreme negligence, such as drunk driving, the court may award punitive damages to punish the at-fault party and deter similar conduct in the future.
Our goal is to secure maximum compensation for you, so you can focus on your recovery without the financial stress of mounting bills. We’re committed to fighting for every dollar you deserve.
How Much Time Do I Have to File a Car Accident Lawsuit in Marietta?
In Georgia, the statute of limitations for filing a car accident lawsuit is generally two years from the date of the accident Failing to file within this timeframe can prevent you from recovering any compensation. However, certain exceptions may either shorten or extend this deadline:
- Shortened Deadlines: If your claim involves a government entity, such as if you were injured by a city vehicle or due to hazardous road conditions, you must file a notice of claim within six months to one year, depending on the entity involved.
- Extended Deadlines: In some cases, such as accidents involving minors or when injuries are not immediately apparent, the statute of limitations may be extended.
It’s crucial to act quickly after an accident, not only to meet legal deadlines but also to preserve evidence and strengthen your case. The sooner you contact us, the sooner we can start building your claim.
Request a FREE Consultation: (770) 285-8881
Morrison & Hughes has earned a reputation for providing compassionate, client-focused representation to individuals who’ve suffered due to the negligence of others. If you or someone you love was injured anywhere in Cobb County or the surrounding areas, our Marietta car accident attorneys can help.
Call (770) 285-8881 or contact us online to request a FREE review of your case.
Our FAQ
Frequently Asked Questions
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 770-285-8881 today!
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What If I Was Injured in a Car Accident While on the Job?
If you were injured in a car accident while performing job-related duties, you may be entitled to workers' compensation benefits. Workers' comp can help cover medical expenses and lost wages, regardless of who was at fault for the accident. In some cases, you may also have the option to pursue a third-party personal injury claim against the at-fault driver or other responsible parties. This could provide additional compensation for damages not covered by workers' comp, such as pain and suffering.
Our firm handles both workers' compensation and personal injury cases, giving you the advantage of having a legal team that understands both systems. We can help evaluate your options and discuss how we can help.
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Can I Still Recover Damages if I Was Partially at Fault for an Accident?
Yes, under Georgia’s modified comparative negligence rule, you can still recover compensation as long as you were less than 50% at fault for the accident. However, your compensation will be reduced in proportion to your percentage of fault. For example, if you were 20% at fault, your total recovery would be reduced by 20%. This is why it’s crucial to have an experienced attorney on your side to minimize your level of fault and maximize your compensation.
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How Long Will My Car Accident Case Take?
The timeline for a car accident case varies depending on several factors, including the complexity of the accident, the severity of injuries, and whether the insurance company is willing to negotiate fairly. Here’s a general breakdown:
- Initial Investigation: This can take several weeks to a few months, depending on how quickly evidence is collected.
- Negotiations: If liability is clear and the injuries are well-documented, settlement negotiations may only take a few months. However, if the insurance company disputes liability or the extent of your injuries, the process could take longer.
- Litigation: If a fair settlement cannot be reached, your case may proceed to trial, which could take over a year, depending on the court’s schedule. However, many cases settle before reaching this stage.
We work efficiently while ensuring that we pursue the full value of your case. We will keep you informed at every stage and make sure you know what to expect.
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What Should I Do If the Other Driver Was Uninsured or Underinsured?
If the other driver lacks insurance or has insufficient coverage, there are still several ways you may be able to recover compensation:
- Uninsured/Underinsured Motorist (UM/UIM) Coverage: If you have UM/UIM coverage as part of your own auto insurance policy, you can file a claim with your insurer to cover the damages the at-fault driver should have been responsible for.
- Personal Injury Lawsuit: In some cases, you may be able to sue the at-fault driver personally for damages. However, this option is often limited if the driver has few assets to cover your losses.
- Other Liable Parties Other parties, such as a vehicle manufacturer (if a defective part contributed to the accident) or a government entity (if dangerous road conditions were a factor), may also share liability. We will explore all available options to maximize your compensation.
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How Can a Lawyer Help Me After a Car Accident?
Dealing with the aftermath of a car accident can be overwhelming, especially when managing injuries, medical bills, and insurance adjusters who may not prioritize your best interests. A lawyer can assist by:
- Investigating the accident: We gather and preserve evidence, including police reports, medical records, witness statements, and any available video footage.
- Dealing with insurance companies: Insurance adjusters are trained to minimize payouts, but an experienced lawyer will negotiate on your behalf to pursue the maximum compensation for your claim.
- Assessing damages: We ensure that all your losses, including future medical expenses, lost earning capacity, and non-economic damages like pain and suffering, are fully accounted for in your compensation demand.
- Managing paperwork: Car accident cases involve extensive documentation, and missing deadlines or submitting incomplete forms can harm your case. A lawyer handles all legal paperwork to ensure compliance with Georgia law.
- Representing you in court: While many cases settle outside of court, if the insurance company won’t offer a fair settlement, we are prepared to take your case to trial and fight for the compensation you deserve.
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