What are Some of the Defenses that the Other Driver May Raise in Your Atlanta Car Accident Lawsuit?

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If you’ve ever been involved in a car accident in Atlanta, then you know that very rarely is anyone ever 100% at fault. Even if the other driver primarily caused the crash, it’s not hard to find little things that the victim may have done wrong during the incident. Your Atlanta car accident lawyer is well aware of this. For example, they may have been driving a bit too fast. Or they could have been texting or playing with their cell phone at the time of the impact.

This is why it’s so important that you call the police as soon as possible after your accident. They’ll come out and do a thorough investigation of the accident scene. They’ll also talk to everyone at the scene and get their version of what happened. When they’re all done, they’ll provide you with a copy of the police report. This is important because it will help your Atlanta car accident lawyer prove that the other driver was at fault.

You also want to make sure you go to the hospital after the crash. Even if you don’t think you’re injured, it’s important that you get checked out. You could have internal injuries. These can be very dangerous and can even prove fatal. The other reason you need to get medical attention is that your Atlanta car accident lawyer is going to need proof that you were injured.

The third thing you need to do after your car crash is call a seasoned injury attorney in Atlanta, Georgia. They can help ensure that you get the compensation you deserve.

The Other Driver Will Likely Have an Attorney Representing Them

We always recommend that car accident victims contact our office as soon as possible after their crash. This is because there’s a good chance that the other driver will have a lawyer representing them. Even if they don’t hire their own attorney, their insurance company is required to defend them. This means that, if you don’t have a lawyer, you’ll be at a serious disadvantage.

You can’t just assume that the other driver’s insurance company will pay your claim. They’ll do what they can to show that you were at fault. Or, they’ll claim that you weren’t really injured. Some of the reasons they may deny your claim include the following:

  • The policy wasn’t valid
  • You were intoxicated at the time of the accident
  • They do not believe you were actually injured
  • Your claim is large, and they think they can settle for less down the road
  • They believe you were at fault

If the policy wasn’t valid, there’s nothing your Atlanta car accident lawyer can do to help you. No insurance company is going to pay a claim on an invalid policy. But, for any of the other reasons, they can try to negotiate payment of your claim. If this isn’t possible, they’ll have no choice but to file suit on your behalf.

The Defendant May Claim You Were at Fault

One of the first things the defendant will do is argue that you were at fault. And, this may be partly true. Often, the accident victim may be found to be partially at fault. The good news is that, in Georgia, even if you’re partly at fault, you can recover damages. That is because Georgia follows a pure comparative negligence rule. This means that your damages will be reduced by your percentage of fault. This is true no matter how much of the accident may have been your fault.

So, if your total claim is for $100,000 and the court finds that you were 30% at fault, your judgment will be reduced by $30,000. Your Atlanta car accident attorney is aware of this rule. They will use this when trying to negotiate a settlement of your lawsuit.

The Other Driver’s Lawyer Will Argue that Something Other than the Accident Caused Your Injuries

One of the reasons your Atlanta car accident lawyer recommends that you go to the hospital immediately after your accident is to protect you. If you wait too long to get treatment, the defendant’s attorney will argue that something other than the car accident caused your injuries. They may allege that you were involved in a separate crash. Or, they may argue that you got hurt in some other way.

Rather than risk losing your right to compensation, it’s a good idea to schedule your free initial consultation with our office right away. You need a seasoned car accident lawyer in Atlanta to handle your case right from the start.