100 Deadliest Days of Summer

100 Deadly Days of Summer

During memorial day weekend, road travel increases, meaning people are likely to get into an accident. Click here to learn more about Atlanta attorneys. 

Despite the pandemic, there were a higher number of traffic fatalities or wrongful death claims attributed to car crashes in 2020 than in 2019. This is especially alarming when you consider there was 40-50% less traffic on the road. The number one problem was speeding in the triple digits.  Also, we are finding that incidents of road rage and aggressive driving are on the rise.  Many people are dealing with insurmountable stress and frustration which leads to risking driving behavior as well.  

Atlanta attorneys know that the warm weather months are some of the deadliest on the road. This is due to the addition of vacationers and holiday traffic. On a national level, the months of May-October average more than 3,000 deaths per month. 

We are going to share with you how an auto accident attorney in Atlanta can assist you if you suffer personal injuries as the result of an accident. 

Common Atlanta Car Accidents 

With six interstate highways moving traffic through Atlanta, the capital city is a major transportation hub. When you consider that Hartsfield-Jackson Atlanta International Airport is the second busiest airport in the nation, it is easy to understand why this area is prone to car accidents. Here are the most common accidents in the Atlanta, Georgia area. 

Rear-End Collision 

This is often the result of the rear vehicle not paying attention or following too close. The driver is unable to react with sufficient time to bring their vehicle to a safe stop and it collides with the one in front of it. This type of collision often causes the driver and/or passengers of the front vehicle to sustain head and neck injuries, including whiplash.   

These accidents may also happen if the driver of a vehicle cuts in front of a semi-truck, not allowing sufficient time for the larger vehicle to stop. Truck accidents often result in death or serious injury. If there is dash-cam footage to confirm the vehicle made an unsafe move, they may be comparatively liable for the accident. 

Head-On Collision 

In this accident the front of two vehicles driving in opposite directions crash. This often happens when one of the drivers is under the influence of drugs or alcohol. Other causes include a driver going the wrong direction on a one-way street, or for some reason losing control of their vehicle and veering into the oncoming lane. 

Head-on collisions are often deadly or result in serious injury to the drivers and passengers of both vehicles. The impact of the vehicles may result in one or both drivers suffering a traumatic brain injury. 

Sideswipe Accidents 

Sideswipes often happen when two vehicles are driving down the expressway. Both cars or trucks try to move into a center lane, one from the left, one from the right. If the drivers are not alert a collision will result. 

Sideswipe accidents also happen when one vehicle is passing another and gets too close. The potential for sideswipe accidents is evident as vehicles merge onto an expressway. 

A merging car needs to adjust their speed and time their entry so they merge into traffic. If the merging driver fails to pay attention and simply moves into the traffic lane, they risk sideswiping a vehicle that is in that lane. 

Rollover Accidents 

A rollover may kill the driver and passengers of the vehicle. This type of collision occurs when a driver loses control on slippery roads or a top-heavy vehicle takes a curve too fast. It can also be the result of an impact with another vehicle, forcing a vehicle out of control, resulting in a rollover. 

Rollover injuries may be minor, catastrophic, or result in death. 

Side Impact Collision 

A side-impact collision happens when the front of one car strikes the side of another. This often occurs at intersections and is one of the most serious types of accident. A driver may run a red light or stop sign, or a car may pull out into traffic when there is not sufficient time. 

The collision often causes severe injuries to death when the impact occurs into a door where a driver or passenger is sitting. Your car accident attorney in Atlanta will investigate which vehicle is at fault in this type of collision. 

Multiple Car Collision 

Accidents of this magnitude happen due to low visibility because of weather conditions, unsafe speeds on the roadway, or tailgating. This is a more complex accident and your personal injury attorney will review all the records to determine which car was initially at fault, and each additional car’s involvement to determine liability. There may be several plaintiffs and several defendants from this type of accident. 

Single Car Accidents 

Even though there is no other automobile, passengers may suffer injuries. If the passenger’s injuries result in medical bills, loss of wages, and pain and suffering they need to consult with a personal injury attorney who specializes in vehicle accidents. If the accident is due to the driver’s negligence, passengers may file a lawsuit for compensation. 

Steps to Take After an Accident 

When an accident happens, your adrenaline is pumping and you may not recognize the seriousness of your injuries. This is because in the chaos of the moment your mind is not registering your pain. For this reason do not tell anyone, including witnesses, police, or paramedics that you are okay. 

If you suffer injuries at the accident scene, allow the paramedics to check you out and transport you for additional treatment. If you do not think you have any injuries, simply tell those who ask that you will seek medical attention on your own.  It is important when filing a lawsuit that you obtain medical attention as quickly as possible following an accident. 

If possible, take photographs of the accident scene including placement of the vehicles and their damage. Obtain the names and contact information of any witnesses. This information, along with copies of the police report, medical records, and medical bills will assist your car accident attorney when negotiating with insurance companies. 

As soon after the accident as possible contact an accident attorney. During your consultation, they will give you their legal opinion of your situation. Once hired, they will gather additional evidence and begin negotiations attempting to resolve your case outside of the court system. 

In Georgia, personal injury cases including those from car accidents must file a complaint within two (2) years of the date of the accident. Your attorney will make sure they file a lawsuit within this timeframe. If you miss this deadline you lose your ability to claim compensation due you. 

Filing a Lawsuit 

If your personal injury attorney is unable to negotiate a settlement they will file a lawsuit prior to the expiration of the state’s Statute of Limitations. Civil lawsuits are lengthy, time-consuming, and must comport with the Rules of Civil Procedure. 

1. Summons and Complaint

A summons is a form that informs the defendant they are being sued. The complaint spells out the allegations in one sentence numbered paragraphs. 

The complaint lists the elements of negligence and how the defendant’s behavior makes them liable for your injuries. The final portion of the complaint lists the prayers for relief. These include your belief that the other driver is liable and lists the compensation you are requesting. 

2. Answer and Counter Complaint

After filing the complaint, it must be served on the defendant. The defendant has 30 days to file a written response. If they believe you to be comparatively negligent for the accident, they may file a counter-complaint. 

If the defendant files a counter-complaint, your attorney will prepare an answer. Answers to complaints must be in proper format and parties must answer each numbered paragraph with either “admit as true” or “deny as untrue.” If the party denies an allegation they must state the reason for the denial. 

3. Discovery

This is an exchange of evidence and demands for documentation. These requests are made in a formal process. 

Request for Production of Documents—this may be photos, insurance declarations, medical records, or anything that pertains to the accident or injuries 

Interrogatories—these are questions presented in writing and must be answered in writing under oath 

Requests for Admission—statements one party makes about the incident or other party and they must be answered or are deemed true 

Depositions—this is verbal testimony done outside the courtroom in front of a court recorder, to gain further information that may be useful for negotiations or trial. 

Discovery generally takes longer than any other portion of a civil trial. Due to the backlog created by COVID-19 shutdowns, many personal injury cases are incurring delays in the legal system. 

4. Mediation or Case Evaluation

Mediation is a process where the parties attempt to reach a settlement by using a third-party mediator to help them negotiate a resolution. If the parties reach a settlement it becomes a court order. 

Case Evaluation is similar to mediation, except there is often a panel of attorneys. The attorneys review all information presented by the parties and issue a recommendation for settlement. If the parties agree to the recommendation of the case evaluators it goes into an order. 

If parties are unable to settle, the matter will proceed to trial. 

5. Trial Preparations and Trial

If the matter proceeds to trial your attorney in Atlanta, Georgia will prepare for trial. They will interview witnesses, prepare and file witness lists, evidence lists, and subpoena witnesses. They will prepare jury instructions and will participate in jury selection. 

On the day of trial, the attorney will present your position, question witnesses, and cross-examine the defendant’s witnesses. 

Schedule a Woodstock, GA Attorney Consultation 

If you or a loved one are suffering injuries caused by the negligence of another driver, contact the Law Offices of Kyle E. Koester, LLC. Our Atlanta attorneys specialize in personal injuries from car accidents, truck accidents, and traumatic brain injuries (TBI). 

Don’t wait until it is too late. Call us now at (770) 744-5250 to schedule a consultation.