A crash at an intersection can leave you dealing with injuries, vehicle damage, missed work, and two very different accounts of what happened. Red-light, stop-sign, and left-turn collisions often become fault disputes quickly.
An Atlanta car accident lawyer at Van Sant Law can investigate the collision, preserve evidence, and handle the insurance claim while you focus on treatment. Van Sant Law has represented injured people in Georgia since 2008.
An intersection accident lawyer in Atlanta can determine which traffic rules apply and what evidence may help establish who had the right of way. We offer free consultations and handle personal injury cases on a contingency fee basis.
Why Atlanta Intersection Accidents Often Become Fault Disputes
Intersection accidents can be difficult to piece together because drivers may remember the same few seconds very differently.
An Atlanta personal injury lawyer can compare those accounts with witness statements, traffic signals, skid marks, vehicle damage, accident reports, and any available video. Accident reconstruction may also help when speed or vehicle movement is disputed.
That evidence can be particularly useful after side-impact collisions and failure-to-yield accidents, where the position of each vehicle before impact may matter as much as the damage afterward.
What Georgia Law Says About Right of Way at Intersections
Georgia traffic law uses different rules depending on how the vehicles approached the intersection.
Uncontrolled Intersections
Under O.C.G.A. § 40-6-70, when two vehicles approach an uncontrolled intersection at approximately the same time, the driver on the left generally must yield to the vehicle on the right.
The section also addresses certain situations involving dark or flashing traffic signals.
Left-Turn Accidents
O.C.G.A. § 40-6-71 requires a driver turning left to yield to oncoming traffic that is already within the intersection or close enough to create an immediate hazard.
A left-turn crash can therefore depend on speed, distance, signal timing, and when each driver entered the intersection.
Stop Signs and Yield Signs
Stop signs and yield signs are covered by O.C.G.A. § 40-6-72. A driver approaching a stop sign must stop at the marked stop line or, when there is no line, before entering the crosswalk or roadway.
A traffic citation may support part of the evidence, but it does not automatically settle every issue in a civil personal injury case.
What Causes Intersection Crashes in Atlanta?
Many crashes begin with a simple driving error. A motorist may look at a phone, misjudge a gap in traffic, roll through a stop sign, or turn left before an approaching vehicle has cleared the intersection.
Other causes include impaired driving, speeding through yellow lights, texting while driving, and failure to yield. An Atlanta distracted driving accident lawyer may also investigate phone use when distraction is suspected.
Hit-and-run accidents can add another complication because the driver may need to be identified before the insurance claim can move forward.
Where Can Evidence Come From After an Atlanta Intersection Crash?
Busy corridors around Peachtree Street and Piedmont Avenue can involve heavy traffic, pedestrians, turning vehicles, and closely spaced traffic signals.
GDOT has also documented high crash frequencies around major I-285 interchange corridors. Its I-285/SR 400 study recorded frequent crashes during morning and afternoon peak periods.
That does not prove fault in an individual collision. For an Atlanta intersection collision lawyer, the important evidence is what happened at that particular intersection and at that particular time.
What Happens During the First 72 Hours of a Claim?
On the first day, we can identify evidence that may disappear quickly. Nearby businesses, traffic systems, dashcams, and other cameras may hold footage, so preservation letters can be sent where appropriate before recordings are overwritten.
During the next day or two, we can identify insurance carriers and send notice or evidence-hold letters. We may also begin collecting witness information, photographs, medical records, accident reports, and information about vehicle damage.
If Atlanta Police responded, the officer-created accident report can be obtained through the APD Central Records Unit. An SR-13 is different: it is a personal accident report used when an officer does not prepare the crash report rather than an APD investigation form.
What Injuries Can an Intersection Accident Cause?
Side-impact collisions can cause serious injuries because much of the force may reach the driver or passenger compartment.
Injuries can include broken bones, soft-tissue damage, internal organ damage, spinal cord injuries, or a traumatic brain injury. An Atlanta brain injury lawyer can review a claim when head trauma causes continuing cognitive or physical problems.
After a serious crash, treatment may begin at Grady Memorial Hospital or Piedmont Atlanta Hospital before continuing with specialists, rehabilitation, or other medical care.
How Can Treatment Costs and Medical Liens Affect Your Settlement?
Medical bills help document part of the financial effect of the accident, but the amount shown on a bill is not always the amount ultimately paid from a settlement.
Georgia law allows qualifying hospitals, physician practices, and certain other healthcare providers to assert a medical lien against a personal injury claim for reasonable treatment charges. Those liens may need to be identified and addressed when the case resolves.
We review bills, insurance payments, medical records, and asserted liens so you can understand what may remain after a settlement rather than focusing only on the gross amount.
What Compensation Can You Pursue?
The value of a personal injury case depends on the injuries, available insurance coverage, evidence of fault, and how the collision has affected you.
Damages may include medical bills, lost wages, future treatment, reduced earning capacity, pain and suffering, and property damage. Permanent disability or continuing medical needs can also affect the claim.
If the responsible driver has little or no insurance, uninsured or underinsured motorist coverage may provide another source of compensation depending on the policies involved.
What if an Insurance Company Acts in Bad Faith?
Not every disagreement with an insurance company amounts to bad faith. Georgia’s bad-faith insurance statute can apply in certain disputes between an insured person and their own insurer over a covered loss.
Under O.C.G.A. § 33-4-6, additional penalties and legal fees may be available when an insurer refuses in bad faith to pay a covered loss after the required demand and waiting period.
A claim against another driver’s liability insurer is different, so the available legal options depend on which insurance company is involved and what actually happened.
How Long Do You Have to File an Intersection Accident Lawsuit?
Georgia generally gives you two years to file a lawsuit for personal injuries under O.C.G.A. § 9-3-33. Exceptions and other deadlines can apply depending on the parties involved, which is why we recommend reaching out to our team right away.
An intersection crash lawyer in Atlanta can check the applicable deadline while also working to preserve footage, witness accounts, and other evidence before it disappears.
How Do You File an Intersection Accident Case in Fulton County?
When Fulton County is the correct venue, its State Court handles civil cases that are not reserved exclusively for Superior Court.
The State Court of Fulton County Civil Division accepts civil cases through its electronic filing system and provides filing and service forms. Filing the complaint is only part of the process because the defendant must also be properly served.
An accident happening in Atlanta does not automatically mean every lawsuit belongs in Fulton County. Venue depends on the defendants and other facts of the case.
What if a Government Vehicle Was Involved?
Government claims can have additional deadlines before a lawsuit is filed. For claims against a city such as Atlanta, O.C.G.A. § 36-33-5 generally requires written ante litem notice within six months.
The notice must identify matters including the time, place, extent of the injury, alleged negligence, and amount sought. Claims against the State of Georgia follow a different statute, with the Georgia Tort Claims Act generally requiring written notice within 12 months.
Van Sant Law’s Results in Intersection-Type Cases
We have helped numerous clients hurt in car crashes, including intersection collisions. Our firm’s results include a $1.32 million recovery for a man involved in a T-bone collision, an $850,000 T-bone settlement involving neck injuries, and a $150,000 result where the at-fault driver failed to yield.
Past results do not guarantee the outcome of another case. Your recovery will depend on your injuries, evidence, insurance coverage, and other circumstances.
Intersection cases can turn on a few seconds of video. Our team at Van Sant Law moves quickly to identify cameras and preserve footage before it is overwritten.
Talk to an Intersection Accident Attorney in Atlanta
An intersection crash can leave you dealing with treatment, an insurance claim, vehicle repairs, and an argument about who had the right of way.
Van Sant Law can investigate the collision, preserve available evidence, document your losses, and explain your legal options. Contact us for a free consultation with an intersection accident lawyer in Atlanta.
We never settle a case unless the client is happy with the result; that is the Van Sant Law client satisfaction guarantee.
