Van Sant Law LLC Home
Car Accidents
“ After my son was injured in a serious motor vehicle accident, I contacted Mr. Van Sant to help me with his case. I could feel the compassion he had for my son and never doubted his dedication to making sure we obtained the best possible outcome. ”
(Larry J. – car accident client)
If you or a loved one was injured in a car accident, you probably already know how overwhelming the aftermath can be. While you should be focusing on recovering from your injuries, you find yourself instead having to deal with insurance companies, auto manufacturers, and the responsible party. Van Sant Law, led by David M. Van Sant, is a local car accident lawyer serving Atlanta-area residents. As a nationally recognized trial attorney who is acknowledged as part of the elite Georgia “Super Lawyers” list and is a certified life member of the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum, Mr. Van Sant has deep experience and a track record of success. Since 2003, our firm has helped countless accident victims face post-accident challenges.
A lawsuit for personal injuries due to a car accident is not only about the damages that are awarded. It also has to do with determining whose negligence caused the accident and holding them responsible for their actions. According to the National Highway Traffic Safety Administration, the most common causes of car accidents are distracted drivers, driver fatigue, drunk driving, speeding, aggressive driving and the weather. The vast majority of these accidents could have been prevented if the individuals involved had not been negligent drivers. The unfortunate results for victims, all too frequently, are medical bills both now and in the future, as well as lost wages. As experienced automobile accident lawyers, we work hard to correct this injustice for you.
Our Experienced Atlanta Car Accident AttorneysOur experienced Atlanta car crash lawyers are here for you. They can help you with every step of the claims procedure. They will also help you to understand what you need to do next. This will give you the reassurance that you need to keep going with your claim. It will also ensure that you do not feel alone, and we believe that this is important.
We understand that a car accident can leave you with more than psychological injuries. An accident can leave you with a lot of feelings that can be hard to deal with. We are here to help you with any pain and suffering, ensuring that you get the support you need at this difficult time. While we cannot offer you any counseling, we can make the claim process a much easier one.
Causes of Car Accidents in Atlanta and Throughout GeorgiaIf you were involved in a car accident, there are probably many questions going through your mind. One of the most important questions that will have to be answered is that of who is responsible for the accident. Determining who is liable will have a direct correlation with determining who is financially responsible for any property damage or bodily injuries that were caused. One of the leading causes of car accidents in Georgia and around the country is distracted drivers. This could be due to talking on a cell phone, texting, talking to a passenger in the car, eating, putting on makeup, or anything else that causes the driver to take their eyes off of the road for even a couple seconds. Another common cause is drunk driving. If it can be proven that an individual was under the influence of alcohol, they could be held criminally and civilly liable.
Another cause that could have nothing to do with the driver is defective auto parts. When the car itself has an issue, it could cause the driver to lose control of the vehicle and crash. Manufacturers of car parts have the responsibility to ensure that the products they are making are safe. If they are not, the consequences can be fatal. Unfortunately, some manufacturers have begun to place profits above the safety of their customers. When this is the case, they need to be held responsible for what they have done. A defective seatbelt, a tire blowout, or an airbag malfunction could all have devastating consequences for the passengers and driver. If you were injured because an auto product was defective, please do not hesitate to get in touch with a car damage lawyer on our team so that we can fight to get you justice and maximum compensation.
Were You the Victim of an Atlanta Car Accident?We investigate to find the true cause of the accident and to get this properly documented. Meanwhile, all of the insurance coverage involved gets thoroughly reviewed and assessed towards ensuring you are fully compensated for any property damage and injuries. For years, we worked for insurance companies and know the tricks they use to try to avoid full and prompt payment of claims for compensation. They don’t want you to hire us to work on your behalf.
Our firm conducts itself on the principle that each client is an individual, not just a case, deserving of full compensation for their injuries. If you need an attorney near you for a car wreck, our philosophy is simple and straightforward: We work on the basis that if you aren’t properly compensated, we won’t charge you for our services. You may be entitled to receive payments for vehicle damage, medical costs, income lost while not working and, in some cases, damages for your emotional distress.
Car Accident Settlement Offers
We can also refuse settlement offers that we deem to be far too low. This is a good thing because we know all too well that insurance companies like to offer claimants a low sum. They will do this automatically and if you accept the offer, you cannot change your mind at a later date.
This is just one of the reasons why we think our legal services will be invaluable to your claim. When we have taken a look at all of the evidence and details of your case, we will calculate a fair figure. This figure will take the following into account:
- Any injuries you have suffered
- Any medical treatment you have had
- Your medical bills
- If you need any further treatment
- How your injuries have impacted your life
- If your car needed to be repaired
- If your car needs to be scrapped
- Any pain & suffering you have experienced as a result of the accident
- Any embarrassment you have suffered from as a result of the accident
- Loss of earnings both present and potential future earnings
- The time it has taken for your claim to be heard
We will calculate all of the above and more to identify solutions designed to help you receive a fair settlement. We think you should be compensated for all the distress and pain you have suffered.
Contact Our Atlanta Car Accident Attorneys Today – Serving Metro Atlanta and All of Georgia!
If you were the victim of a traumatic auto accident, you should get in touch with our team as soon as possible to schedule a consultation with a motor vehicle collision lawyer. The amount of time you have to file a claim is limited by the statute of limitations in Georgia. Over the years, we have been able to secure millions of dollars in compensation for our clients, earning ourselves a place in the Multi-Million Dollar Advocates Forum®. Atlanta car accident lawyer David Van Sant has been named a member of the Top 40 Under 40 by the National Trial Lawyers Association and was selected as a Super Lawyers® Rising Star℠. We have a 10.0 rating from Avvo and are an accredited business with the Better Business Bureau. In short, we have been recognized as being among the best car accident lawyers in the state!
If you have more questions about your specific case, you can contact any one of our offices at any time – we have multiple locations throughout Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, Sandy Springs, and Gainesville. No matter how complex your case appears to be, you will have peace of mind knowing that we are on your side. Contact our Atlanta car accident lawyers for a free case evaluation in your area today!
FAQWhat Should I Do if I Have Been in a Car Accident?
In the moments following a car crash, you may be hurt, confused, and scared. Sometimes, common sense goes out the window and panic sets in. Although it may be difficult to think clearly in the aftermath, here are some reminders of what you should do:
- Stop your vehicle and safely pull over to a spot off to the side of the road.
- Call law enforcement and immediately report the accident.
- Scan yourself for visible injuries; and if at all possible, provide assistance to anyone who may be injured – but only if you can do so safely.
- Turn on your hazard safety lights.
- After things have calmed down, collect the other involved drivers’ names, addresses, license plate numbers, and insurance information; provide yours, as well. If anything seems shady or you are in any way afraid for your safety, remain secure in your vehicle until law enforcement arrives and provide the information directly to the officers.
- If, for whatever reason, law enforcement is not called to the scene of the accident, you absolutely should complete a Personal Report of Accident. This form is for your own personal use and is a place to record as much information about the accident as possible immediately after the accident happens and while details are fresh in your memory. This completed form may help you at a later date if liability for the accident is an issue. It also provides helpful information for your Atlanta car accident law firm at Van Sant Law, LLC will help you evaluate this information.
What Evidence Should I Gather at the Scene of the Accident?
If you have your cell phone, use the camera to take pictures of everything you can at the scene of the accident, including all angles of your vehicle and the other vehicles involved in the crash. You should also take photos of any skid marks and any broken vehicle pieces that may be strewn about. If possible, you should get names, numbers, and addresses of any witnesses to the accident. Try to get their recollections and observations.
In any vehicle or tire case, it is important that you speak to the responding officers and let them know that you wish to have the tire(s) and vehicle preserved by an investigator. They will help you deal with the insurance company in an appropriate way. The goal is to not let the insurance company remove the evidence before it is recorded properly.
Collecting and preserving evidence from a car wreck will help you and your legal team evaluate and pursue any legal claims that may arise. For example, it might be necessary to hire an accident reconstructionist or other experts to recreate and analyze the crash to help determine liability. The more evidence you have, the better.
My Teenager Just Got Her License. What Advice Can I Impress Upon Her About How to Avoid Car Crashes?
At Van Sant Law, we provide many helpful pieces of advice to drivers about how to stay safe on the roads. And this advice is particularly helpful to young, inexperienced drivers. Here are some very good tips to reiterate to the new drivers in your house:
- Ensure the vehicle is maintained properly. Chances are that you are going to have to help your new driver with this ongoing task. Like all vehicles, the one your child drives should be maintained properly and regularly. If your new driver “accidentally” backs over the mailbox or into a pole, encourage him or her to tell you, no matter what! It is important to always inspect a vehicle after any fender-bender to ensure that it is safe. Remind your child to check for flashing lights on the dashboard, as that typically means maintenance is needed. Also, inspect any odd sounds as soon as possible.
- Be aware of and follow the rules of the road. This piece of advice is pretty self-explanatory, but it is always a good idea to remind your new driver to pay attention.
- Avoid aggressive drivers and tailgating. Remind your new driver that he or she will come across aggressive drivers on the road. Getting caught up in a road rage incident is not worth it. Moreover, advise your child that tailgating is always dangerous and can lead to very serious car accidents.
- Avoid distractions. This may be the most important piece of advice that you can impart to your new driver. In addition to drilling it into his or her head that distracted driving – especially texting while driving – is a surefire way to get into an accident that can result in instant tragedy, it is critical to provide a good example to our children. Actions really do speak louder than words. Remind your new driver to stay focused on the road by avoiding phone use, programming the GPS, or adjusting the stereo. This is crucial for safety, even if the vehicle has features such as Tesla's Autopilot, as distractions can still pose risks.
Why Should I Hire an Atlanta Car Accident Lawyer, and How Much Does It Cost to Speak With a Law Firm About My Options After Being Injured?
There are many benefits to hiring an Atlanta car accident attorney at Van Sant Law, LLC, to assist you with every step of the process following a car crash. And, you have nothing to lose by meeting with our Atlanta car accident lawyers and legal team to discuss your case. Our consultations are free. Contact our firm today to schedule a complimentary consultation to discuss how we can help you get the compensation you deserve.
Do I Really Need to Hire a Car Accident Lawyer?
Hiring an attorney after a car accident may feel uncomfortable. However, the results could be well worth it. There are several reasons for this. Your car accident lawyer will be a fierce advocate for you, helping you fight for the compensation you deserve.
While the insurance company may propose a settlement, it is in their best interest to offer you less than what your claim is worth. That means you could be short-changing yourself in the short and long run.
Statistically, accident victims who retain personal injury attorneys obtain more compensation than those who choose to work directly with the responsible parties or their insurance companies, even after factoring in attorneys’ fees. Remember that your Van Sant Law attorney is only paid if she or he obtains a settlement or verdict in your favor, so you are not responsible for any out-of-pocket costs. Whether your accident involved a Ford, Toyota, Chevrolet, or any other vehicle, our dedicated legal team is here to ensure your interests are fiercely advocated for throughout the process.
Is There a Time Limit for Filing a Car Accident Claim in Georgia?
Yes! After being injured in a car accident, it is understandable that you may not feel like hiring an attorney immediately. However, there is a danger in waiting too long to seek legal representation. Claims for compensation related to injuries sustained in a motor vehicle accident in Georgia are governed by the applicable statute of limitations. Put simply, if you wait too long to file an auto accident claim, you might not be entitled to anything because too much time has elapsed.
Under Georgia law, the statute of limitations for auto accident claims is two years from the date of the accident. In some cases, shorter timeframes may apply, such as when the responsible party was driving a vehicle for a government entity (municipality, county, state, etc.) Contacting an attorney as soon as possible after an injury accident can help ensure you meet all applicable filing deadlines for your claim.
Is There an Average Settlement Amount for Georgia Car Accidents?
Accident settlements in Georgia are based on the facts and circumstances of the underlying accidents. In general, accidents involving severe injuries may result in settlements of $50,000 to $200,000 or more, while more minor injuries and property damage claims may settle for between $2,500 and $25,000.
If Someone Else Was Driving My Car and Caused an Accident, Can I Be Sued?
It is possible you could be the target of a lawsuit if an accident victim believes you should not have entrusted your vehicle to the person who ultimately caused the car accident. If you are concerned about your legal exposure, talk to an experienced attorney to explore your rights and options.
Can I Claim Damages for Emotional Distress or Anxiety Resulting From an Accident?
Your attorney will help you determine what types of damages you might be able to claim based on your situation. It is often possible for car accident victims to obtain compensation for anxiety or other types of emotional distress.
I Suffered Whiplash in a Car Accident. Is That Compensable?
If another driver’s negligent actions caused an accident which resulted in whiplash, you will likely be able to file a claim for compensation. Talk to an experienced accident attorney to learn more.
Is Pursuing a Small Claims Court Action an Option After a Car Accident?
While it is often possible to pursue legal remedies through small claims court rather than working with a personal injury lawyer, car accident victims may find that the amount of compensation they can claim in small claims court is not nearly enough to compensate them for their damages.
If I Win an Accident Settlement Award, How Will I Be Paid?
If the at-fault driver or other responsible party had auto insurance, the settlement amount will likely come directly from the insurance company. This is the case with the majority of motor vehicle accident settlements. The best auto accident lawyers work to ensure any negotiated settlement is fair and is designed to compensate accident victims for both direct and indirect losses.
What Is a Car Accident Settlement?
A settlement in a car accident claim is a legal agreement between the victim and the responsible party to settle their dispute outside of court. The amount of the settlement should be sufficient to compensate the victim for medical expenses, damage to personal property, and other losses.
Will I Receive the Full Amount of My Car Accident Settlement?
While accident victims typically receive the majority share of the settlement amount, their attorneys also receive a percentage of the total amount as compensation for their legal services and expenses. Your attorney should explain the division of any settlement amount when you begin working with him or her.
Can I Receive Compensation for Pain and Suffering After a Car Accident?
Yes, it is possible to obtain damages based on pain and suffering. Talk to your lawyer about your situation, as the amount of these damages will depend on the nature and severity of your injuries and the recovery time associated with those injuries, as well as the extent to which your injuries are impacting your day-to-day life.
What Are the Time Limits for Filing a Car Accident Lawsuit?
In general, car accident victims have up to two years from the date of the accident to file a lawsuit, although shorter time frames (also called “statutes of limitations”) apply in some situations. Talk to an attorney as soon as you feel up to doing so, in order to explore your options and protect your right to sue.
How Long Will It Take to Resolve My Car Accident Claim?
Ultimately, every car accident claim is different. In some situations, the parties are able to negotiate settlements within a matter of months. In other cases, negotiations may take more time, or it may be necessary to pursue litigation in court. Sometimes, it can take years to resolve car accident claims.
If My Claim Settles, When Can I Expect to Receive a Check?
If your claim settled, congratulations! It can take some time to receive the settlement proceeds. This can mean weeks or even months in some cases, depending on the amount of damages being paid and the complexity of the underlying claim. Rest assured that your attorney will stay on top of the claim for you and will work to ensure you receive the proceeds you are owed.
My Back Was Injured in a Car Accident. How Much Compensation Can I Collect?
It is common for car accident victims to want to know ahead of time exactly what they could receive for their injuries. The value of any personal injury claim depends on the facts and circumstances, as well as the extent of the victim’s injuries and the extent to which those injuries impact daily life. Talk to an experienced attorney who can help you estimate the value of your claim, so you can make more informed decisions about how to proceed.
Am I Entitled to Compensation if a Loved One Was Killed in a Car Accident?
Losing a loved one in a car accident can be devastating; talk to an attorney about your situation. Wrongful death compensation may be available to you. The amount will depend on your relationship to the victim, your financial dependence on him or her, and age and estimated lifetime earning capacity at the time of death.
Is It Possible to Increase the Amount of Compensation I’m Entitled to in a Settlement?
The best way to maximize the amount of compensation you might receive after a car accident is to work with an attorney who will advocate for you and fight for you to receive the full amount to which you are entitled. Your lawyer will work hard to gather evidence of your injuries, property damage, and other expenses related to the accident, and will use this documentation to support your claim.
What Does “Bodily Injury” Mean?
If you or someone else in your vehicle was physically harmed as a result of a car accident, then the injured party suffered bodily injuries. Bodily injuries can range from relatively minor injuries such as cuts, bruises, or broken bones, to more major injuries like a traumatic brain injury.
Do I Need to File a Lawsuit After a Car Accident?
You always have the right to work directly with the responsible party’s insurance company to settle a car accident claim. Sometimes, such as in situations where your car was damaged but you were not physically harmed, this can be the best way to proceed. However, if you were injured, it may be more advantageous to work with a personal injury lawyer who can fight for your rights and refuse to accept a settlement that does not reflect your actual damages. Talk to a lawyer to understand your options before making a decision about how to proceed.
What Expenses Are Compensable in an Auto Accident Claim?
You may be entitled to compensation for a variety of expenses related to your car accident. Medical bills, payment for lost wages, property damage expenses, and damages designed to compensate you for pain and suffering can all be included in a claim. Your attorney will help you gather evidence of all related expenses to support your case.
My Car Was “Rear-Ended.” What Kind of Settlement Will I Receive?
Rear-end collisions can result in minor damage to significant property damage and devastating injuries. Your attorney will work closely with you to understand what happened and should be able to provide an idea of what your claim is worth so you can decide how to proceed.
If I Am Successful in My Car Accident Claim, Who Pays the Damages?
If the at-fault party had adequate auto insurance coverage at the time of the accident, his or her insurance company will likely be responsible. In some cases, though, it may be necessary to take legal action to obtain compensation for your injuries and property damage.
How Much Compensation Can You Expect to Obtain for Your Claim?
The amount of money your car accident case is worth will depend on several factors. Your attorney will work closely with you to identify your economic damages and non-economic damages.
Any expenses you incur because of the accident are categorized as “economic” damages. These include costs such as:
- Repairing or replacing your vehicle
- Medical expenses (those you incurred immediately after the accident as well as expenses you are expected to face in the future as a result)
- Lost wages if you are unable to work for some time or have to work a modified schedule while you recover from your injuries
- The potential loss of future earnings due to your injuries
- Costs related to modifying your home for accessibility
Victims of car accidents often have what can be referred to as “non-economic” damages. These are not as easily quantifiable as economic damages but are just as (if not more) important.
For example, your attorney may fight for compensation for your pain and suffering, including physical, mental and emotional harm related to the accident. This category of damages also includes loss of enjoyment of life, loss of consortium with your spouse and more. Your attorney will work closely with you to quantify your injuries and the damages you are entitled to receive under Georgia law.
Are There Things I Should Keep in My Car in Case an Accident Occurs?
It may be helpful to keep the following items on your person or in your vehicle, so you have them in the event of an accident:
- Your valid driver’s license, proving your eligibility to drive
- Car insurance card, showing you have coverage
- Motor vehicle registration to demonstrate ownership
- Flares, cones, or other emergency tools which could make your vehicle more visible in the event of a crash
- Paper and pen, to document the scene and record contact information from the other driver and any witnesses to the accident
Can I Still Recover Damages if I Was Partially at Fault?
In Georgia, accident victims who are 50% or more responsible for the crash cannot recover damages. If you are found to be less than 50% responsible, the state’s modified comparative negligence rule says that the amount of compensation you can recover is reduced in direct proportion to the percentage of fault you bear. So, if you are 25% at fault for the accident, your potential compensation would be reduced by 25%.
Your local car accident lawyer will play a key role in gathering evidence to demonstrate the other party’s fault and will work toward helping you obtain the best possible settlement amount.
