Injury accidents happen every day, and they can occur in the blink of an eye. If you or a loved one was injured due to someone else’s negligence, you may be experiencing a range of emotions and may be unsure of your next steps. Speaking with a knowledgeable personal injury accident lawyer can help you understand and evaluate your options.
Van Sant Law is dedicated to helping injury accident victims obtain the full amount of compensation they are entitled to receive under Georgia law. When you choose to work with our firm, you can be confident your injury accident claim is in capable, compassionate hands. Your automobile accident injury lawyer will fight for your rights, so you can put the accident behind you and move on to the next chapter of your life.
Our firm handles the following types of cases:
- Car accident
- Motorcycle accident
- Bicycle accident
- Work-related injury
- Defective Products
- Medical malpractice
- Dangerous drugs
- Nursing home abuse
- Animal and dog attacks
- Premises liability
- Wrongful death
Georgia Car Accident Laws
Georgia is an “at-fault” or “tort” state for auto insurance. This means the person who caused the accident is responsible for paying for the resulting damages. Victims can file a claim:
- With their own insurance company (if they have coverage like MedPay or collision)
- With the at-fault driver’s insurance company
- Through a personal injury lawsuit
Any car accident in Georgia that results in injury, death, or property damage exceeding $500 must be reported to the police.
Georgia drivers must carry at least:
- $25,000 in bodily injury liability per person
- $50,000 in bodily injury liability per accident
- $25,000 in property damage liability
If the at-fault driver is uninsured or underinsured, your own uninsured/underinsured motorist (UM/UIM) coverage can help cover your losses.
Common Causes of Car Accidents
Car accidents can happen in a variety of ways, often due to negligent or reckless behavior. Some of the most common causes we see in Smyrna, GA include:
- Distracted Driving – Texting, talking on the phone, or using a GPS while driving
- Speeding – Driving over the posted speed limit or too fast for road conditions
- Driving Under the Influence – Alcohol and drugs impair reaction times and judgment
- Reckless Driving – Aggressive maneuvers, tailgating, or ignoring traffic signals
- Fatigued Driving – Especially common among truck drivers or late-night drivers
- Poor Road Conditions – Potholes, missing signs, and lack of proper maintenance
- Weather-Related Accidents – Rain, fog, or ice increasing the risk of losing control
Identifying the exact cause of your accident is critical to building a strong case and holding the correct party accountable.
Common Types of Damages in a Personal Injury Lawsuit
Victims of personal injury accidents are often entitled to recover several types of damages, including:
- Medical Expenses – Hospital stays, surgeries, medications, physical therapy, and ongoing treatment
- Lost Wages – Income lost due to being unable to work during recovery
- Loss of Earning Capacity – If your injury limits your ability to work in the future
- Pain and Suffering – Physical pain and emotional trauma from the injury
- Property Damage – Repairs or replacement of your vehicle or other personal property
- Loss of Consortium – For impact on relationships with a spouse or family
- Punitive Damages – In cases of extreme recklessness or intentional harm
At Van Sant Law, we work with medical professionals, economists, and accident reconstructionists to calculate the full value of your claim and fight for what you’re owed.
Georgia Personal Injury Laws
Personal injury laws in Georgia are designed to allow victims of negligence or wrongful acts to pursue compensation from the at-fault parties. Under Georgia law, personal injury cases are based on the legal theory of negligence. This means that to successfully bring a claim, the injured party (plaintiff) must prove:
- The defendant owed them a duty of care
- The defendant breached that duty
- The breach directly caused the injury
- The injury resulted in damages
In Georgia, the statute of limitations for most personal injury claims is two years from the date of the injury. Failing to file a lawsuit within this timeframe can result in your case being dismissed.
The state follows a modified comparative fault system. If you are partially at fault for your injuries, your compensation may be reduced by your percentage of fault. However, if you are found to be 50% or more at fault, you are barred from recovering damages.
Cobb County’s Dangerous Paths: A Closer Look
Accidents can occur on any stretch of roadway, but Cobb County unfortunately holds the dubious distinction of having some of Georgia’s deadliest stretches of highway. Studies of data from the federal Fatality Analysis Reporting System identified a nearly 4.5-mile stretch of South Cobb Drive, a 1.07-mile section of I-75 in Kennesaw, and a span of I-20 in Atlanta as having the highest numbers of fatality crashes in the state.
Whether they result in fatalities, significant injuries, or more minor damage, there is no question that highway accidents can cause long-lasting physical and emotional trauma for victims and their loved ones. The car and trucking accident attorneys at Van Sant Law understand this and are here to help.
