Highway accidents often happen fast and without warning. Because these crashes typically occur at higher speeds, the impact is often more severe and the recovery more complicated. You may endure serious injuries that affect every phase of your life.
Your recovery could take weeks or months. You might not be able to work or care for the family that depends on you. You should not suffer financially for another person’s negligence. Our highway accident lawyers in Atlanta will help you file a claim and recover the compensation you deserve.
At Van Sant Law, we have recovered hundreds of millions of dollars in settlements and awards for our clients. Learn more about how our car accident lawyers in Atlanta will fight for you when you call to schedule a free case evaluation.
How We Handle the Insurance Company
Founding attorney David M. Van Sant brings a unique perspective that comes from years of defending the very companies that now face claims from injured victims. He worked directly with insurance providers that offered coverage to trucking operations.
He defended claims involving some of the largest motor carriers in the world. Today, that experience benefits injury victims across Georgia. He has seen how trucking companies and insurance carriers investigate claims, evaluate risk, and work to limit their financial exposure.
David understands the strategies insurance companies use during the claims process and how to fight back. Our Atlanta personal injury lawyers help injured people level the playing field. We build strong cases and pursue the compensation you deserve.
High-Crash Highway Corridors in Atlanta
In the Atlanta area, I-285, I-75/85 (the Downtown Connector), and I-20 are widely recognized as the highway corridors with the highest volume of Atlanta crashes, per GDOT data. This is largely due to merging traffic, high speeds, and heavy commercial truck volume.
The interchanges on I-285 and the place where I-75/85 split near downtown are frequently the site of collisions involving more than one vehicle, and the section of I-20 running through DeKalb and Fulton counties has a high number of sideswipe and rear-end crashes.
The frequent changes in speed and continual lane changes in these corridors make it more difficult to identify fault, which is why it is important to carry out early evidence collection on these particular routes.
The First 72 Hours After a Highway Accident
Crash victims are often transported to Grady Memorial Hospital or Piedmont Metro Atlanta Hospital. Whether critical evidence survives is determined within the first 72 hours; event data recorders, commonly known as black boxes, contain speed and braking data that is overwritten by many of the vehicle’s systems within a few days.
Our highway accident attorneys in Atlanta send preservation letters to at-fault drivers and trucking companies immediately. We request the Georgia Department of Transportation (GDOT) incident report and any Georgia State Patrol SR-13 report as soon as they become available.
Insurance hold letters are also sent within this window, requiring insurers to preserve claim files, adjuster notes, and recorded statements that could otherwise be altered or discarded.
Establishing Fault and Speed in Highway Crashes
In Georgia, all drivers are required to drive safely. As stated in O.C.G.A. § 40-6-180, drivers should travel at speeds appropriate to the conditions and must not go over the posted speed limits; failure to do so may show that the driver was negligent.
On highways with speed limits of 65 or 70 mph, data from a vehicle’s black box can show if a driver violated the law. This typically includes information such as speed and braking during a crash.
Reports from the Georgia Department of Transportation note the crash location, weather, and road conditions. These reports support the black box data and help explain how the crash happened. Our team may rely on this evidence as the basis of your claim.
Police Reports and Investigation Procedures
The agency that responds to a crash on an Atlanta highway depends on where it happened. The Atlanta Police Department investigates crashes on city streets, while the Georgia State Patrol handles crashes on major interstates.
Investigations are recorded in Georgia’s crash report, called an SR-13. This report gives a detailed account of the crash as seen by the investigating officer. It explains how the officer thinks the collision happened and includes information collected at the scene.
The crash report can provide an important starting point for an insurance claim or lawsuit, but it does not necessarily establish exactly what happened. Obtaining the report promptly allows our Atlanta highway accident lawyers to compare it with other available evidence.
Compensation You Can Recover After a Highway Crash in Atlanta
A highway accident can affect much more than your car. Medical bills, time away from work, ongoing treatment, and other recovery-related expenses can start piling up before you know it. If someone else was responsible for the crash, you may be able to seek compensation for the impact it has had on your life.
- Medical expenses: You can seek compensation for the medical treatment you received because of your accident-related injuries.
- Future medical care: Compensation may also cover medical care that you are expected to need in the future because of your injuries.
- Lost wages: If your injuries kept you from working, you may be entitled to compensation for the income you lost.
- Loss of future earning capacity: If your injuries affect your ability to earn income in the future, you can seek compensation for that loss.
- Pain and suffering: Compensation may be available for the physical pain you have experienced as a result of your injuries.
- Emotional distress: You may also receive compensation for the emotional impact the accident has had on you.
- Rehabilitation and therapy costs: The costs of treatment needed to help you recover from your injuries may also be included in your compensation.
- Loss of enjoyment of life: If your injuries make it harder for you to enjoy your everyday life, you may be entitled to compensation for that loss.
Our Atlanta highway accident lawyers don’t stop at the most obvious at-fault driver. We take a closer look at every detail of the crash to determine whether other parties may also share responsibility, such as additional drivers.
Georgia Uses a Fault-Based System for Car Accident Claims
Georgia car accident laws state that the driver who caused the crash is usually the one held responsible for the damage. That means you can typically file a claim with that driver’s insurance company to recover compensation for the injuries and losses you’ve experienced.
Because compensation is tied directly to fault, the strength of the evidence can have a major impact on the outcome of a claim. A well-supported case can make it easier to establish responsibility and determine how a car crash happened in Georgia.
Insurance Coverage and Bad Faith Claims
In Georgia, many drivers at fault in accidents only have the minimum amount of insurance required by law. To protect injured drivers, Georgia law (O.C.G.A. § 33-7-11) requires that uninsured and underinsured motorist coverage be offered unless the driver chooses to reject it in writing.
Sometimes, when medical costs from treatment are tied to a settlement, insurance companies may delay or undervalue claims. If these delays are unreasonable, our highway accident attorneys in Atlanta can help you pursue a bad faith claim.
Keeping track of every communication with the insurance company and any missed deadlines can strengthen your case for bad faith and pressure the insurance company to pay a fair amount sooner.
Filing a Highway Accident Lawsuit in Fulton County State Court
If you have a highway accident in Fulton County, your lawsuit may begin in Fulton County State Court. However, if the at-fault driver lives in another county, it may be handled in that county.
Preparing and Filing the Complaint
To begin a lawsuit, you must file a complaint. It identifies the parties, describes how the crash occurred, and specifies the damages you’re seeking. In Fulton County, civil cases must be filed through Georgia’s Odyssey eFileGA system, along with the required filing fee.
Serving the Defendant
When you have filed your complaint, you have to formally serve the defendant with the complaint and the summons; this is generally carried out by the Fulton County Sheriff’s Office or by a licensed process server. It is important to serve the defendant soon after filing since long delays may result in the case being dismissed.
The Defendant’s Response and Discovery
When the case has been served, the defendant has 30 days in which to respond; thereafter, both sides go into the discovery stage, during which they exchange information concerning the crash and the injuries. This information can include medical records and depositions from the parties involved.
Motions, Mediation, and Trial
Both sides can file motions before the trial. This may include requests for evidence or motions for summary judgment. The court might suggest mediation, which gives both sides a chance to settle the case. If mediation fails, our highway accident attorneys in Atlanta will represent you in court.
Time Limits for Car Accident Claims
Georgia law limits how long you have to take legal action after an accident. In most personal injury cases, according to Ga. Code § 9-3-33, you have two years to file a lawsuit against the person or party responsible for your injuries.
If that deadline passes, you will lose the chance to pursue full compensation. Although some exceptions can affect the filing deadline, they are limited and depend on the specific facts of the case. After reviewing your situation, our highway accident attorneys in Atlanta can determine the deadlines that apply.
Getting started early will help ensure that these key details are kept safe and will lead to a more solid basis for your case. Your medical care is most important. After that is taken care of, reach out to our team as soon as possible.
Why are Highway Accident Cases Difficult?
Highway crashes often happen at high speeds, which can lead to serious injuries and make it hard to understand how the crash occurred. At these speeds, multiple vehicles can be involved, drivers may change lanes quickly, and one impact can cause a chain reaction.
This complexity makes it tough to determine who is at fault. That’s why details like skid marks, vehicle damage, and witness statements need careful examination.
Another challenge is dealing with insurance adjusters. When injuries are serious, insurers investigate more thoroughly and might try to lower or dispute the claim’s value. They may also argue about who is responsible or if multiple drivers share the blame. Our skilled highway accident lawyers in Atlanta will defend your rights.
A Van Sant Law Highway Case
A Van Sant Law client suffered serious injuries in a car accident on a Georgia highway. After the evidence was presented to the insurer, the client recovered $630,000 in compensation for medical costs, lost income, and long-term care.
“Highway crashes happen at speed. The injuries are severe, and the evidence disappears fast; we have investigators on scene within hours,” said David M. Van Sant, Founding Attorney at Van Sant Law.
Work With Our Highway Accident Attorneys in Atlanta
After a serious highway accident, insurance companies may not pay a fair amount unless you have the right evidence. Sometimes, it seems like they care more about their profits than your recovery.
Our highway accident attorneys in Atlanta are on your side when the insurance company isn’t. We will handle your claim, investigate the accident, and seek maximum compensation from every potential party that played a role in your crash.
Our team at Van Sant Law has decades of combined legal experience. Make the Right Call today and schedule your free case evaluation. We never settle a case unless the client is happy with the result; that is the Van Sant Law client satisfaction guarantee.
