Who Is Responsible for a Rear-End Accident in Georgia?

A side view of the smashed frontend of a silver car rearending a black car.

The rear driver typically bears responsibility for a rear-end collision in Georgia, but liability isn’t always automatic. The front driver may share responsibility if they brake-checked, reversed, or failed to signal.

At Williams Elleby Howard & Easter, we examine dashcam footage, traffic citations, and witness accounts to prove who violated Georgia’s following-distance and negligence rules, then fight for fair compensation when another driver’s carelessness leaves you injured.

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Key Takeaways for Rear-End Collision Responsibility in Georgia

  • Rear drivers must maintain a safe following distance under O.C.G.A. § 40-6-49, and a violation often establishes fault, but officers don’t always cite the statute at the scene.
  • Georgia’s 50 percent comparative negligence rule (O.C.G.A. § 51-12-33) bars recovery if you’re 50 percent or more at fault, and reduces your compensation by any fault percentage below that threshold.
  • Front drivers may bear partial or full liability for brake-checking, reversing at a stoplight, driving without taillights, or making sudden lane changes without signaling.
  • Dashcam video, skid-mark analysis, and traffic-camera stills matter more than police-report narratives, which sometimes reflect incomplete scene investigations.
  • Chain-reaction crashes distribute fault across multiple drivers, and Georgia’s comparative fault rules let you pursue compensation from all responsible drivers as long as you aren’t more than 50% at fault.

Is the Rear Driver Always at Fault in a Georgia Rear-End Collision?

Not necessarily. While Georgia’s traffic code presumes the rear driver violated the safe-following-distance rule, that presumption collapses when evidence shows the front driver acted negligently. Even if a Kennesaw officer writes a citation under O.C.G.A. § 40-6-49 (“following too closely”), that ticket alone doesn’t eliminate the front driver’s potential fault.

Courts examine what each driver did in the seconds leading up to impact. Actions that may shift liability to the front driver include:

  • Brake-checking: Sudden, unexpected braking without cause may make the front driver responsible for creating the collision.
  • Reversing at intersections: Backing up at a red light to correct a missed turn converts the front driver into the striking vehicle.
  • Equipment failures: O.C.G.A. § 40-8-23 mandates working stop lamps, and violation of an equipment statute often creates negligence per se.
  • Unsafe lane changes: Cutting into another lane without signaling or leaving inadequate space for following traffic.

Georgia law requires operational safety equipment, and violation of these equipment statutes can create negligence that shifts fault.

Who’s Responsible for a Three-Car Chain-Reaction Rear-End Crash?

Multi rear ended car accident Chain-reaction collisions distribute fault across every driver whose negligence contributed to the pileup. Georgia law treats each impact as a separate negligence question.

Picture a common Barrett Parkway scenario:

Three cars travel in the same lane. The first car stops for a pedestrian in the crosswalk. The second car attempts to safely stop behind the first. The third car, following too closely, slams into the second car and pushes it forward into the first car.

The third driver clearly violated Georgia’s following-distance rule and bears primary responsibility. But there are several situations where the middle driver may share fault:

  • Tailgating the front car: If the second driver was following so closely that they would have rear-ended the first car anyway, even without being hit from behind.
  • Failing to maintain a safe buffer: When the second driver left insufficient space to absorb impact without being pushed into the vehicle ahead.
  • Contributing to the initial collision: If the second driver was distracted, speeding, or already braking late before the third car’s impact.
  • Stopping suddenly without cause: When the second driver created the dangerous situation by braking unexpectedly in flowing traffic.

Joint and Several Liability in Multi-Car Crashes

Georgia follows a shared liability rule in cases involving chain reactions. When multiple defendants share responsibility for your injuries, you may pursue compensation from any defendant as long as you aren’t 50% or more responsible for causing the crash.

This is particularly crucial when one or a few drivers carry adequate insurance while another is underinsured or uninsured. This means you’re not stuck trying to collect small fractions from each party.

Insurers may use chain reactions by spreading blame across multiple parties to reduce their own exposure. Our car accident attorneys reconstruct the sequence using accident scene photos that show final rest positions, paint transfer patterns on bumpers, and crush-depth measurements.

How Does Georgia’s Modified Comparative Negligence Rule Affect Rear-End Claims?

Damages & Claim written on wood blocks O.C.G.A. § 51-12-33 bars any recovery if a jury finds you 50 percent or more responsible for your own injuries. Any fault percentage below 50 percent reduces your award by that same percentage but still allows recovery.

Rear-end disputes turn on these percentage splits. Insurers may not deny liability entirely, but instead argue you contributed to the collision. Any fault assigned to you reduces your compensation proportionally, and reaching the 50 percent threshold eliminates it entirely.

What Damages Can You Recover After a Rear-End Collision in Georgia?

Georgia law categorizes rear-end collision damages into economic losses with clear dollar values and non-economic harm, which compensation attempts to address. The at-fault driver’s liability insurance covers both categories up to policy limits, and your own uninsured-motorist coverage may fill gaps when the rear driver lacks adequate insurance.

Recoverable damages in Georgia rear-end cases include:

  • Medical expenses: Cost of emergency-room visits at hospitals like Wellstar Kennestone, diagnostic imaging, orthopedic consultations, physical therapy, prescription medications, and future medical care when injuries require ongoing treatment or surgical intervention.
  • Lost wages and earning capacity: Wages lost while attending medical appointments or recovering from injuries, future lost earnings when permanent limitations prevent you from returning to your previous work.
  • Property damage: Vehicle-repair costs, replacement value for totaled cars, diminished value after repairs, and rental-car expenses during the repair period.
  • Pain and suffering: Physical pain, emotional distress, diminished quality of life, anxiety about driving, chronic discomfort that disrupts sleep or daily activities, and loss of enjoyment from hobbies or family time you can no longer pursue. Georgia doesn’t cap these damages in ordinary negligence cases.
  • Punitive damages (in extreme and rare cases): O.C.G.A. § 51-12-5.1 authorizes punitive awards when the rear driver acted with willful misconduct, such as drunk driving, intentional brake-checking during road rage, or texting through multiple red lights. These damages punish the defendant rather than compensate for your losses and are typically capped at $250,000 unless alcohol or drugs are involved.

Treatment records must connect your injuries to the collision. Gaps between the accident date and your first medical visit give insurers room to argue your injuries stemmed from something other than the rear-end impact.

What Evidence Proves Fault After a Rear-End Collision in Kennesaw?

Proving fault after a rear-end collision requires more than the police report’s “Driver 2 following too closely” notation. Building a strong case means preserving multiple forms of evidence before they disappear.

Traffic Citations

A citation creates a rebuttable presumption of negligence fi the at-fault driver pleads guilty to the citation. At Williams Elleby Howard & Easter, our lawyers may request the officer’s narrative, body-camera video, and any field sobriety or distraction notations to confirm what the ticket omits.

Dashcam and Traffic Camera Footage

Dashcam video timestamps the front driver’s brake activation, the rear driver’s reaction time, and any lane weaving or phone use. In some situations, traffic camera footage can also be requested and preserved.

Skid Marks

Skid-mark length, measured from the first rubber deposit to the final rest, can reveal braking distance and approximate speed.

Event Data Recorders

Modern vehicles log throttle position, brake application, and pre-crash speed in an event data recorder. Our rear-end crash lawyers send preservation letters, demanding that the data be preserved before repairs or salvage sales erase it.

What to Do After a Rear-End Collision in Kennesaw

Once you’re home from the crash scene and have received initial medical care, the steps you take in the following days directly affect your ability to prove fault and recover fair compensation.

Get Medical Care

If you have not already, and even if you feel “ok,” visit an emergency room or urgent-care clinic as soon as possible. Tell the intake nurse and treating physician about every area of pain and every symptom. Follow discharge instructions, fill prescriptions, and attend follow-up appointments.

Gaps in treatment give insurers ammunition to argue your injuries weren’t serious.

Handle Insurance Carefully

Notify your own insurer within the policy’s reporting window. The at-fault driver’s adjuster may call asking for a recorded statement—decline politely. Georgia law doesn’t require you to provide statements to the other driver’s insurer, and anything you say can be used against you later.

Preserve Evidence

Write down everything you remember about the collision while details remain fresh, like weather, road conditions, traffic volume, the rear driver’s speed, and when you first saw them in your mirror.

Evidence & Magnifying Glass Keep every document:

  • The police report,
  • Medical bills and records
  • Prescription receipts
  • Wage-loss letters from your employer
  • Repair estimates
  • Rental-car invoices

Our attorneys can help gather and preserve this information on your behalf.

Consult a Lawyer Early

Even seemingly minor rear-end collisions turn complicated when insurers dispute liability, question injury causation, or offer settlements that don’t cover your actual losses. Soft-tissue injuries that feel manageable in week one sometimes require months of treatment, and early settlement offers rarely include compensation for future medical care.

Williams Elleby Howard & Easter offers free consultations to review your crash, explain Georgia’s fault rules, and outline your options without any obligation. We handle rear-end collision cases throughout Cobb County on a contingency fee basis. Our attorneys are only paid when you are.

Legal representation helps preserve evidence before it disappears, prevents you from making statements that hurt your claim, and signals to the defense that you’re serious about fair compensation rather than accepting the first lowball offer.

Call now to schedule your free consultation: (404) 389-1035.

Fighting the Insurance Company After a Rear-End Crash

Insurance carriers may defend rear-end claims by shifting blame, minimizing the severity of injuries, or using delays. Even when their driver admits texting or following too closely, insurers reopen liability with comparative-fault arguments.

Liability Denials and Comparative Fault

Carriers may reopen fault questions by claiming you stopped abruptly, changed lanes unsafely, or drove with malfunctioning brake lights. We respond by pulling traffic-camera footage, downloading event-data recorders, interviewing passengers or nearby drivers, and building a strong case independent of the traffic citation.

Medical-Bill Disputes and Causation Challenges

Carriers may delay payments by questioning whether injuries stemmed from the collision or pre-existing conditions, prior whiplash, or aging-related neck stiffness. They might hire doctors who review records without examining you and falsely suggest injuries existed before the crash.

We counter with biomechanical evidence and treatment records showing you had no complaints before the collision or that the collision made any pre-existing conditions worse.

Settlement Pressure and Low Initial Offers

Adjusters may make early offers before you finish treatment, knowing that unpaid medical bills create pressure. These initial settlements rarely reflect the full scope of your injuries, particularly when ligament damage or concussion symptoms worsen over time.

Our car accident attorneys respond to low offers by documenting ongoing treatment needs, securing expert opinions on future medical care, and preparing demand packages that force insurers to evaluate the real litigation risk. Trial readiness and a firm with a strong record can help encourage insurers to settle fairly.

Frequently Asked Questions About Rear-End Accident Responsibility in Georgia

Brake-checking allegations require proof. Dashcam video, traffic conditions (stopped cars ahead, red lights, pedestrians crossing), and witness accounts showing no hazard ahead of you rebut the claim.

Police reports influence settlement talks but don’t bind juries. We challenge inaccurate reports with independent evidence, such as skid marks, traffic camera video, event data recorder downloads, and correct errors through amended reports or trial testimony.

Your own uninsured-motorist (UM) and underinsured-motorist (UIM) coverage steps in when the at-fault driver has no insurance or inadequate limits. If they carried Georgia’s $25,000 minimum but your injuries justify $100,000, your UIM policy may cover the gap up to your purchased limits.

Admission at the scene doesn’t guarantee the insurer will pay fairly. Adjusters may offer small settlements on admitted-liability claims quickly, but these offers rarely reflect the true extent of your damages. Legal representation protects you from undervaluation, preserves evidence before it disappears, and converts an opening offer into a demand backed by trial readiness.

O.C.G.A. § 9-3-33 generally gives you just two years from the collision date to file a personal-injury lawsuit. Missing that deadline could mean losing your right to secure compensation, no matter how severe your injuries or how clear the other driver’s fault.

Evidence of distracted driving, such as texting or phone use, strongly supports a finding of fault against the rear driver. The law considers this inattention a breach of the duty to maintain a lookout and follow safely.

Protect Your Rights After a Georgia Rear-End Collision

A headshot of a male professional wearing a navy blue suit, white shirt and shiny blue tie.
Joel Williams, Car Accident Lawyer

Who is at fault and who should pay in a rear-end accident is not always an open-and-shut case. Rear-end crashes along Kennesaw’s busiest corridors turn into fault disputes when insurers see room to deny or delay.

Williams Elleby Howard & Easter handles rear-end collision claims throughout Cobb County. We send spoliation letters to preserve traffic-camera footage, download event-data recorders before repairs erase them, and reconstruct crash dynamics when police reports leave gaps.

Injured in a rear-end collision in Kennesaw or Cobb County? Call (404) 389-1035 or visit our contact page for your free consultation.

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7 Ways to Maximize Your Back Injury Settlement and Increase Compensation

Dollar Bag & Judge's Gavel. Concept of Maximizing Settlement & Compensation

Back injuries are among the most life-altering consequences of serious accidents. Motor vehicle crashes, slip and fall accidents, workplace incidents, and other traumatic events can damage the spine, muscles, or discs. These injuries often disrupt your ability to work, sleep, or carry out everyday tasks. If someone else caused your injury, you may be eligible to pursue financial compensation. But getting the highest possible settlement doesn’t happen automatically.

To maximize your back injury settlement and increase compensation, you’ll need a clear strategy backed by documentation, legal guidance, and consistent medical care. Insurance companies assess every detail. A missed appointment, vague medical records, or early acceptance of an offer could cost you thousands.

Every action you take, from the first medical visit to the final negotiation, can influence the value of your back injury claim.

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Key Takeaways for Maximizing Back Injury Settlements

  • Detailed documentation of medical treatment, lost wages, and pain levels strengthens your claim.
  • Never accept an insurance company’s initial settlement offer. It’s most likely that it will be less than what you actually need.
  • Avoid discussing your injury on social media, as it may be used to reduce or deny compensation.
  • Specialized care and compliance with treatment plans signal the seriousness of your injury.
  • Legal representation can significantly increase your chances of securing a higher payout.
  • The right lawyer can help document your losses, negotiate assertively, and handle insurers on your behalf.

1. Talk to a Personal Injury Lawyer Early in the Process

Insurance companies often move quickly to protect their interests. They may call within days to ask questions, request statements, or offer a fast settlement. These early interactions can be risky without legal guidance.

Hiring a personal injury lawyer early can protect your rights and strengthen your claim from the start. Attorneys understand the strategies insurers use to reduce payouts. They can also help gather the evidence needed to support your injury, calculate full damages, and guide you through the legal process.

A lawyer can help you:

  • Determine the full value of your case based on medical bills, future care needs, and non-economic damages
  • Identify all parties that may share liability for your injury
  • Build a comprehensive case file to support your claim
  • Negotiate assertively with insurers who downplay your injury

Legal guidance is not about creating conflict. It’s about protecting your future. Without it, important aspects of your case may be missed or undervalued.

2. Never Miss Medical Appointments or Delay Treatment

Insurers closely examine your medical history to assess how serious your injury is. Gaps in care, skipped appointments, or delays in seeking treatment can be used to argue that your injury isn’t as severe as claimed or wasn’t caused by the accident at all.

Staying consistent with your treatment plan also shows that you’re taking your recovery seriously. This not only supports your claim but may also speed up your healing process.

If you’re unable to attend an appointment, reschedule it right away and keep a record of why it was missed. Don’t stop treatment because you feel slightly better. Many back injuries worsen without ongoing care.

3. Seek Treatment From a Back Injury Specialist

General practitioners are often the first step after an injury, but they may not have the expertise to fully assess spinal damage. Specialists such as orthopedic surgeons, neurologists, or pain management physicians can offer more precise diagnoses and treatment plans.

Their input can carry more weight with insurers and courts, especially in cases involving:

  • Herniated or bulging discs
  • Lumbar or cervical spine injuries
  • Chronic nerve pain or numbness
  • Surgical interventions or long-term rehabilitation

Specialist records often contain detailed notes on range of motion, pain levels, diagnostic test results (like MRIs), and treatment progress. These details can support a claim far more effectively than less precise, generalized notes about your condition.

4. Document Your Recovery and Losses in Real Time

Pain and recovery are deeply personal experiences, and your claim should reflect that. Keeping a written or video journal about your recovery can help paint a fuller picture of how your injury affects your daily life. This personal account may be used to support non-economic damages such as pain and suffering.

Consider documenting:

  • Daily pain levels and sleep disruptions
  • Physical limitations and mobility changes
  • Missed events or hobbies due to discomfort
  • Emotional distress or anxiety related to your condition
  • How your injury affects your relationships and work

Back injury claims often hinge on how the injury affects your ability to live a full life. Your words, observations, and thoughts can be powerful supporting evidence.

5. Keep Thorough Records of Every Expense and Impact

Insurance companies require proof of every dollar claimed. If you’re seeking compensation for lost wages, medical bills, or even parking fees for doctor visits, you’ll need detailed documentation.

Keep records of: RECORD KEEPING - words on note paper against the background of a calculator and paper clips

  • All medical bills, prescriptions, imaging tests, and physical therapy
  • Travel costs to and from appointments
  • Lost wages or reduced hours at work
  • Disability accommodations, such as home modifications
  • Any out-of-pocket costs related to the injury

Even small expenses add up over time. Detailed records make it harder for insurers to dispute your claim or argue that costs are inflated.

Every state, including Georgia, allows back injury victims to seek both economic and non-economic damages, although some states impose caps on the amount. While economic damages reflect financial losses, non-economic damages address the physical pain and emotional toll the injury has caused. Both categories require strong documentation.

6. Avoid Speaking to Insurance Adjusters Without Legal Advice

Insurance adjusters may sound polite and helpful, but their goal is to settle your case for as little as possible. What you say during the initial calls, even casual remarks, can later be used to reduce your settlement.

Insurance adjusters often ask seemingly harmless questions to minimize your claim. They might bring up your current symptoms, ask whether you’ve returned to work, or dig into your medical history. When you answer casually or without legal guidance, you risk giving them something they can use to reduce or deny your compensation.

Even an innocent “I’m feeling okay” could be used to downplay your injury. Adjusters may also ask for a recorded statement or pressure you to accept an early offer.

If you’re asked to speak to an adjuster:

  • Decline to give a recorded statement without your lawyer present
  • Don’t guess or speculate. Only state facts
  • Avoid downplaying your symptoms out of politeness
  • Never accept a first offer without reviewing it with your attorney

Once you accept a settlement, you typically waive your right to any future compensation, even if your injury worsens later. This is why legal advice is essential before negotiating or signing anything.

7. Stay Off Social Media Until Your Claim Is Resolved

Social media can jeopardize a personal injury claim more than most people realize. Defense attorneys and insurance investigators routinely monitor platforms like Facebook, Instagram, and TikTok, looking for posts they can use to discredit injury claims.

No matter how innocent, a single photo or video could be used out of context to suggest you’re not as injured as you claim.

Types of posts to avoid:

  • Photos showing you active or smiling at events
  • Status updates about your recovery or medical visits
  • Comments from friends about your condition
  • “Check-ins” or location tags that imply mobility

Even private accounts aren’t immune. If you’re filing a back injury claim, consider staying off social media entirely until your case concludes. What might seem like a harmless post could end up costing you a portion of your settlement.

What Affects the Value of a Back Injury Settlement?

The value of a back injury claim depends on multiple factors, not just how badly you’re hurt, but also how well you can prove it. Insurance companies look at the physical and financial impact of the injury and the strength of the evidence you provide.

Common factors that influence settlement amounts include:

  • Severity of the injury: Claims involving herniated discs, spinal fractures, or surgery generally result in higher compensation than soft tissue strains.
  • Length of recovery: The longer it takes to recover, the more your claim may be worth due to extended medical care and lost wages.
  • Impact on daily life: Loss of mobility, career changes, or the inability to enjoy daily activities often increase non-economic damages.
  • Strength of medical evidence: Detailed records, specialist evaluations, and imaging results all add credibility to your claim.
  • Liability and comparative fault: If the other party clearly caused the accident, the claim is stronger. But if you’re partially responsible, your compensation may be reduced.

In states like Georgia, the modified comparative negligence rule applies. This means you can still pursue compensation if you were less than 50% at fault, but your award may be reduced by your percentage of blame.

A knowledgeable attorney can help you evaluate how each of these elements applies to your case and build a claim that reflects the full impact of your injury.

How to Handle Pre-Existing Back Conditions During a Claim

Many back injury claimants already had some form of spinal issue before the accident. Whether it was a mild bulging disc, past back surgery, or chronic pain, insurance companies often use this against you.

But a pre-existing condition doesn’t disqualify your claim. In fact, if an accident aggravated or worsened a prior injury, you can still recover compensation for the new harm caused.

Here’s how to protect your claim if you had a prior back injury:

  • Be honest with your doctors: Concealing a prior condition can damage your credibility and harm your case. Transparency builds trust.
  • Compare old and new medical records: Showing the difference between your current limitations and your previous baseline helps demonstrate how the accident changed things.
  • Document new symptoms: Keep a record of pain flare-ups, mobility issues, or new treatments you didn’t need before.
  • Let your attorney explain the aggravation: A skilled lawyer can present your medical history in a way that strengthens your case rather than weakens it.

Courts recognize that people with pre-existing conditions are still entitled to compensation if an accident makes their condition worse. This is especially true when the evidence clearly shows a change in function, pain level, or quality of life after the injury.

How Long Does a Back Injury Settlement Take?

Clock, Gavel and Book One of the most common questions after a serious injury is, “How long will it take to get paid?” While it’s a fair concern, there’s no one-size-fits-all answer. The timeline depends on the nature of the injury, how long recovery takes, the complexity of the case, and whether a lawsuit is filed.

Some of the factors that influence settlement timelines are:

  • Medical treatment timeline: Settlement discussions typically begin after you’ve reached maximum medical improvement (MMI). This helps ensure your compensation accounts for all future care needs.
  • Severity and complexity: More serious injuries often require longer treatment, more documentation, and deeper investigation.
  • Disputed liability: If the other party denies responsibility or multiple parties are involved, resolving those issues can extend the process.
  • Insurance company tactics: Some insurers stall to pressure victims into accepting lower offers. An attorney can help keep the process moving.
  • Willingness to negotiate: Accepting a low offer may speed things up, but it often results in less compensation than you deserve.

If you’re worried about time, speak with an attorney. They can give you a personalized overview of your case and explain what steps can be taken to keep things on track without rushing to settle for less than your claim is worth.

The key is patience and preparation. A quick resolution may provide relief in the short term, but thorough legal preparation can lead to a much higher long-term payout. You never want to find yourself ten years from now struggling with accident-related injuries and losses you never expected.

FAQs for How to Maximize a Back Injury Settlement

The amount varies based on your medical costs, pain levels, lost wages, and long-term impact. Claims involving spinal damage, surgery, or long-term disability tend to result in higher settlements.

You can still file a claim. If the accident made your condition worse, you’re eligible to seek compensation for the aggravation. Be honest with your doctor and attorney so they can document the change accurately.

Yes, if your doctor expects you’ll need ongoing treatment, physical therapy, or pain management, those future costs should be factored into your settlement. Medical expert input helps project those future needs.

No. Initial offers are usually lower than what your claim is worth. Once you accept an offer, you typically waive the right to seek additional compensation—even if your condition worsens later.

At Williams Elleby Howard & Easter, we handle personal injury cases on a contingency fee basis. You won’t pay anything up front, and you owe no legal fees unless we recover compensation for you. Our fee comes from a percentage of the final settlement or court award—never out of your pocket.

Trusted Legal Help for Back Injury Claims in Kennesaw, Georgia

A headshot of a male professional wearing a navy blue suit, white shirt and shiny blue tie.
Joel Williams, Personal Injury Lawyer

When you’re dealing with a serious back injury, the choices you make now can affect your health and finances for years. We know these injuries aren’t just about medical bills—they change the way you work, move, and live your life.

If you want to increase back injury compensation or pursue the strongest possible settlement, our attorneys at Williams Elleby Howard & Easter can help. Our role is to take on the legal stress so you can focus on healing. Our team will gather evidence, work with medical experts, handle the insurance company, and protect your interests every step of the way.

We have represented countless back injury clients across Georgia, including here in Kennesaw and the surrounding communities, and you can trust us to fight for you just as we have for them. Some of our recent case results include:

  • Car wreck involving nonsurgical back injuries (Clayton State Court): $1,213,399.18 jury verdict
  • Premises Liability Involving Back Injury (Kennesaw, GA) – $250,000 Recovery
  • Car wreck case involving back injury (Lumpkin Superior Court): $225,000 recovery

At Williams Elleby Howard & Easter, we fight for clients across Georgia with compassion and determination. Call (404) 389-1035 or contact us online for a free consultation. We’ll listen to your story, explain your options, and work with you to build a plan that prioritizes your recovery and your future.

Call Us. It Won’t Hurt!™

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How Much Does a Lawyer Cost for a Car Accident?

Legal fees are shown using a text and photo of dollars

When you’re recovering from a crash caused by a negligent or reckless driver, one of the first questions that crosses your mind is: How much does a lawyer cost for a car accident? You’re not alone in that concern. Most people worry about how to afford legal help, especially when you’re in financial distress with medical bills and missed paychecks.

When you work with a personal injury lawyer, you normally don’t pay anything up front. Most car accident attorneys work on a contingency fee basis, which means their payment comes from your settlement, not out of your pocket.

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Key Takeaways

  • Most car accident lawyers work on a contingency fee basis, which means you don’t pay unless you recover compensation.
  • Legal fees are usually based on a percentage of the final settlement or verdict, not hourly billing.
  • Factors such as case complexity, severity of injury, and insurance pushback can affect overall attorney costs.
  • Hiring a lawyer helps increase your compensation and generally leads to stronger case outcomes overall.
  • A good attorney helps protect your rights, values your time, and manages every legal detail so you can focus on healing.

What Is a Contingency Fee in a Car Accident Case?

A contingency fee means your lawyer only gets paid if they recover money for you. If you don’t win, you don’t owe attorney fees.

In most personal injury cases, including car accidents, this model aligns the attorney’s interests with yours. They are motivated to recover the highest possible settlement or verdict because their fee depends on the outcome.

Unlike hourly billing, there are no invoices piling up while your case progresses. Instead, the fee is deducted from your settlement once the case concludes.

In short, the benefits of contingency fee arrangements include: Contingency Fee wording with magnifying glass and money.

  • No upfront payment required
  • No hourly billing to track
  • Your lawyer is incentivized to fight for fair compensation
  • Accessible legal help regardless of income level

This fee structure levels the playing field, especially when you’re up against well-funded insurance companies.

How Do Car Accident Lawyers Charge for Their Services?

Although most personal injury attorneys use contingency fees, the exact fee structure can vary based on several factors. Understanding these details helps set clear expectations before hiring an attorney.

Factors that may influence how car accident lawyers charge:

  • Case complexity: More complicated cases involving multiple vehicles, commercial trucks, or disputed liability may require more time and resources.
  • Injury severity: Serious injuries such as spinal cord damage or traumatic brain injuries (TBIs) often involve higher stakes and longer timelines.
  • Litigation status: If your case goes to trial, your lawyer’s work increases significantly, and so might their percentage.
  • Jurisdictional rules: Some states place limits on attorney fees for certain types of personal injury cases. For example, in Georgia, the Rule of Professional Conduct 1.5 outlines how contingency fees must be fair and clearly communicated in writing.

A reputable attorney will outline all costs up front and provide a signed agreement explaining their fees and how they will be paid.

What’s Included in a Lawyer’s Fee?

Some clients worry that a contingency fee might not cover all expenses. That’s a fair concern, but many personal injury attorneys advance case-related costs on your behalf.

Common expenses your lawyer might cover:

  • Court filing fees
  • Accident reconstruction experts
  • Medical records and expert witnesses
  • Depositions and transcripts
  • Investigation and documentation costs

Once your case concludes, those costs may be reimbursed out of your settlement, but they are not usually charged up front. If you have any concerns about encountering costs you didn’t plan for, talk to your lawyer about them before reaching a formal agreement. Always confirm how expenses are handled before you sign a fee agreement.

What If I Lose My Case? Will I Still Owe Money?

In most situations, no. If your lawyer works on contingency, you won’t owe attorney’s fees if they don’t win your case. However, you should ask about case costs, which are separate from the legal fee itself.

Some firms may still request repayment of out-of-pocket expenses, like expert witness fees, even if you don’t recover compensation. Others cover all costs completely, win or lose.

Be sure to ask:

  • Are case costs included in the contingency fee?
  • Will I owe anything if we don’t win?
  • Who pays for expert witnesses and court reporters?

Clear answers to these questions can reduce anxiety and help you feel confident moving forward.

What Affects the Cost of Hiring a Car Accident Lawyer?

While many lawyers charge similar percentages, your specific case may carry unique factors that impact costs. These details don’t always raise the fee, but they can increase the resources needed to build a successful claim.

Key case factors that influence legal costs:

  • Insurance pushback: If the insurance company denies fault or undervalues your injuries, your lawyer will need to build a stronger, more detailed case.
  • Disputed liability: When fault is unclear or shared, more evidence is required to prove your claim.
  • Multiple parties involved: Crashes with more than one negligent party often increase complexity.
  • Pre-existing injuries: If you’ve had prior health issues, insurance companies may argue your new injuries aren’t accident-related.
  • High-value damages: Larger potential payouts usually invite more scrutiny and resistance from insurers.

Hiring a lawyer helps neutralize these challenges, especially when working to increase compensation or prove the long-term cost of your injuries.

Can a Lawyer Actually Help Me Get a Bigger Settlement?

Yes, and that’s one of the most important reasons to hire legal help after a crash. While no one can guarantee outcomes, research consistently shows that represented accident victims receive significantly more compensation than those who try to handle claims on their own.

A lawyer brings more than just legal knowledge. They offer:

  • Investigation tools that prove liability and strengthen your case
  • Experience negotiating with insurance companies who aim to minimize payouts
  • Documentation support to fully illustrate medical costs, pain and suffering, lost income, and future damages
  • Courtroom representation if your case goes to trial

Most importantly, a lawyer gives you time to focus on recovery while they manage every legal detail. That includes filing deadlines, responding to requests, gathering records, and handling every back-and-forth with adjusters.

Why You Shouldn’t Worry About Paying Upfront

Many injured people worry about whether they can afford a lawyer — especially after losing wages or racking up unexpected medical bills. This fear keeps some from pursuing the compensation they’re legally allowed to seek.

But with contingency fee arrangements, your ability to pay isn’t a barrier. If you hire the right attorney, they’ll fight for your best interests from start to finish and only get paid if you do.

That structure also builds trust. Your lawyer takes on the same risk as you. If the case isn’t successful, they don’t get paid. For this reason, most experienced personal injury lawyers accept cases they are confident they can successfully resolve.

So if you’re holding back because of financial fear, it may help to reframe the question. Instead of asking, “Can I afford a lawyer?” ask: “Can I afford to go without one?”

Do You Ever Pay a Lawyer by the Hour for a Car Accident?

It’s rare, but in some limited situations, car accident attorneys may offer alternative billing models. These are not the industry standard for injury cases, but they do exist.

For instance, a lawyer might offer:

  • Hourly billing: More common in non-injury civil cases, but occasionally used in unusual personal injury situations, especially if the client only needs help reviewing an insurance claim or drafting a legal document.
  • Flat fees: Generally only seen in pre-litigation services such as demand letters or consulting reviews
  • Hybrid models: A mix of upfront payment and contingency

For car accident claims, especially those involving serious injuries, contingency arrangements remain the most accessible and client-focused option. They eliminate up-front financial stress and align your lawyer’s priorities with yours.

When Might the Fee Percentage Change?

Most car accident lawyers stick with a standard contingency percentage, but that amount might shift if your case enters litigation or goes to trial.

This doesn’t mean you’ll be blindsided. Fee agreements must clearly explain if different stages of the case affect the fee percentage.

For example:

  • Cases resolved before filing a lawsuit may carry a lower fee
  • If your case requires a trial, depositions, or expert witnesses, the percentage might increase slightly

This reflects the additional time, preparation, and costs involved in going to court. These potential changes must always be disclosed in writing before you sign an agreement.

What If You’re Worried About Hidden Fees?

It’s reasonable to ask what’s included and what’s not when hiring a lawyer after a car crash. Honest fee structures are a hallmark of trustworthy legal counsel.

Before signing anything, ask about:

  • Case-related costs: Who covers expenses like filing fees and experts?
  • Deductions: How are costs deducted from the final settlement?
  • Breakdowns: Will you receive a written summary of how funds are distributed?

Most lawyers provide a detailed settlement statement showing how every dollar is allocated. Transparency is critical to maintaining your confidence throughout the process.

If anything feels vague or confusing, don’t hesitate to ask for clarification. Reputable attorneys welcome questions and will take time to explain each part of the agreement.

Will I Get More Compensation if I Use a Lawyer?

Compensation & Gavel It’s a fair question: If a lawyer takes a percentage of your settlement, will you still come out ahead?

According to multiple studies, the answer is almost always yes.

Hiring a lawyer significantly increases the likelihood that you’ll recover any compensation, and it usually boosts the final payout by a wide margin. A study by the Insurance Research Council found that car accident victims who hire legal counsel receive an average of 3.5 times more compensation than those who try to handle the claim on their own.

In another national study by Martindale-Nolo Research, people with personal injury lawyers reported an average settlement of $77,600, while those without lawyers averaged only $17,600. The same research showed that 91% of people who hired an attorney received a payout, compared to just 51% of unrepresented claimants.

Legal fees may seem intimidating, but the value a skilled attorney brings to your case goes well beyond the dollar amount:

  • They know how to build strong claims backed by evidence and expert support.
  • They manage medical billing issues, lien negotiations, and insurance delays.
  • They understand how to calculate long-term losses, not just immediate bills.
  • They protect you from lowball offers that might seem good enough at the moment but are inadequate for your future needs.

For many accident victims, trying to save money by avoiding legal fees ends up being the more expensive choice. A good lawyer’s job is to help you recover as much as possible, not only to cover your current needs but also to secure your future needs.

What Happens After You Hire a Car Accident Lawyer?

Hiring a lawyer sets the wheels in motion. Once retained, your attorney will begin gathering evidence, speaking with witnesses, and assembling your medical records. Their goal is to build a complete picture of your case and determine the value of your losses.

From there, they will:

  • Notify the insurance company that you’re represented
  • Send a demand letter detailing your injuries and requested compensation
  • Negotiate toward a fair settlement
  • Prepare for litigation if the insurer refuses to offer a reasonable resolution

Each step is guided by a strategy tailored to your case’s strengths and challenges. Most importantly, your legal team handles these steps so you don’t have to.

FAQ for How Much Does a Lawyer Cost for a Car Accident?

Each state sets its own statute of limitations. For example, Georgia gives injured individuals two years to file most personal injury claims under the Official Code of Georgia Annotated § 9-3-33. However, other states may have shorter or longer deadlines. Always act quickly to protect your rights.

Most states use some form of comparative negligence, which may allow you to recover compensation even if you were partially responsible. In Georgia, for example, the modified comparative negligence rule bars recovery if you’re 50% or more at fault, but allows partial recovery below that threshold.

Yes. If you’re not satisfied with how your case is being handled, you have the right to switch attorneys. Just be aware that your previous lawyer may still be entitled to a portion of the fee, depending on how much work they performed.

You’re not obligated to accept a settlement offer. Your attorney will provide guidance, but the final decision is yours. If you decline and proceed to trial, your attorney may renegotiate the fee based on the added work involved. Any changes must be agreed upon in writing.

A good lawyer won’t delay your claim unnecessarily. In fact, having an attorney often speeds up the process because they know how to respond to insurance company tactics and avoid common paperwork issues that lead to delays.

Get a Free Consultation With a Georgia Car Accident Lawyer Today

A headshot of a male professional wearing a navy blue suit, white shirt and shiny blue tie.
Joel Williams, Car Accident Attorney


If you’re dealing with serious injuries, lost income, or uncertainty after a car accident, it’s completely fair to wonder about the cost of legal help. The truth is, most personal injury attorneys work on a model designed to remove financial barriers. You pay nothing up front. You pay nothing if your case doesn’t result in compensation.

But you gain much more than legal representation. You gain a partner who knows how to challenge the insurance company, prove the value of your losses, and fight for compensation that reflects what you’ve endured. For serious and complex injuries, that support can make a meaningful difference in your future.

If you’re ready to learn more, reach out to the experienced attorneys at Williams Elleby Howard & Easter. We proudly serve clients across Georgia with integrity, compassion, and proven results. Call (404) 389-1035 or contact us online to schedule your free consultation. Let us help you move forward with confidence.

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How Do Car Accident Settlements Work?

Three Asian men meet with an insurance adjuster to discuss car insurance policies, reviewing premiums, deductibles, coverage, and a recent claim settlement.

The collision itself is a violent, chaotic blur. But the true fallout from a serious car accident unfolds in the days and weeks that follow. It’s a quiet crisis that takes place not at the crash scene, but at the kitchen table, where medical bills begin to pile up. It happens during sleepless nights, spent worrying about missed paychecks and an uncertain future. It echoes in the strained conversations with insurance adjusters whose questions can feel more like accusations.

For anyone experiencing this disorienting new reality, one word you’ll likely hear from a car accident lawyer is “settlement.” But what does that even mean? How does it work? Who decides what’s fair?

The legal world can feel intimidating and cold, especially when you’re at your most vulnerable. Below, we’ll explain how the settlement process can help you understand the journey ahead, step by step.

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What Exactly Is a Car Accident Settlement?

In the simplest terms, a car accident settlement is a formal, legally binding agreement that resolves your injury claim without going to trial.

When another driver’s negligence causes an accident that injures you, you have a legal right to seek compensation for your losses. This compensation is called “damages.” The settlement process is the negotiation that happens between you (or your representative) and the at-fault driver’s insurance company to determine the monetary value of those damages.

Once you and the insurance company agree on a specific dollar amount, you receive that payment. In exchange, you sign a document called a release, which legally prevents you from seeking any further compensation from the at-fault party for this specific accident.

It’s a common misconception that every personal injury case ends up in a dramatic courtroom battle. The reality is that the vast majority—well over 95%—of car accident cases are resolved through a settlement. This is generally preferred by both sides, as it avoids the time, expense, and uncertainty of a trial.

The Key Players in Your Settlement Journey

llustration showing the key parties involved in a settlement process, including lawyers, insurance adjusters, and claimants.

Understanding the settlement process is easier when you know who’s involved. You’ll likely interact with several key people, each with a very different role.

  • You (The Claimant): You are the heart of the case. You are the one who has been injured, who is experiencing the pain, and whose life has been disrupted.
  • The At-Fault Party (The Defendant): This is the person whose negligence caused the accident and your injuries. While they are legally responsible, you will likely have very little direct contact with them after the initial incident.
  • The Insurance Adjuster: This is the person you will hear from the most. The adjuster works for the at-fault driver’s insurance company. It is absolutely essential to understand their role. Their job is not to help you. Their primary responsibility is to protect their company’s bottom line by paying out as little as possible on your claim. They are trained negotiators skilled at minimizing the value of your injuries.
  • Your Attorney (Your Advocate): If you choose to hire one, your personal injury attorney is the only person in this process whose sole focus is protecting your best interests. They act as your guide, your shield, and your champion. They handle all communication with the insurance company, gather the evidence, build your case, and negotiate on your behalf to maximize your compensation.

The Car Accident Settlement Process: A Step-by-Step Guide

While every case is unique, the settlement process generally follows a predictable path. Knowing these steps can help reduce your anxiety and give you a sense of control during a time when so much feels out of your control.

Step 1: The Investigation and Evidence Gathering Phase

This is the quiet but critical period after the accident when your legal team, if you have one, works diligently behind the scenes. The goal is to collect every piece of evidence needed to prove two things:

  1. That the other party was at fault.
  2. The full extent of the damages you have suffered.

This involves:

  • Obtaining the official police report.
  • Gathering all your medical records and bills, from the initial ER visit to ongoing physical therapy, specialist appointments, and prescription costs.
  • Interviewing witnesses and getting recorded statements.
  • Collecting photos and videos from the accident scene.
  • Hiring experts if necessary, such as an accident reconstructionist to prove how the crash happened or a medical expert to explain the long-term prognosis of your injuries.
  • Documenting your lost income by getting verification from your employer.

This phase is all about building an ironclad case based on facts and documentation. It cannot be rushed. A thorough investigation is the bedrock of a strong negotiation position.

Step 2: Calculating the Full Value of Your Damages

Once the investigation is complete and, crucially, you have reached what doctors call “Maximum Medical Improvement” (MMI), the next step is to calculate the total value of your claim. MMI means your medical condition has stabilized, and your doctor has a clear understanding of your long-term prognosis. This is important because you only get one settlement; you can’t go back and ask for more money later if your injuries turn out to be worse than you thought.

Your damages are typically broken down into two main categories:

A. Economic Damages (or “Special” Damages)

These are the tangible, calculable financial losses you’ve incurred because of the accident. They have a specific dollar amount attached to them. This includes:

  • All Past and Future Medical Expenses: This covers everything from ambulance rides and hospital stays to surgeries, physical therapy, medication, and any future care you may need.
  • Past and Future Lost Wages or Income: If you missed work, you can be compensated for the income you lost. More importantly, if your injuries prevent you from returning to your old job or diminish your ability to earn a living in the future, you can seek compensation for this “loss of earning capacity.”
  • Property Damage: The cost to repair or replace your vehicle.
  • Out-of-Pocket Expenses: This includes anything you had to pay for because of the accident, like transportation to doctor’s appointments, childcare, or home modifications.

B. Non-Economic Damages (or “General” Damages)

This is the category that compensates you for the profound, non-financial ways the accident has impacted your life. These losses are harder to put a number on, but they are just as real and just as important. This is where the support of an experienced attorney is invaluable. Non-economic damages include:

  • Pain and Suffering: Compensation for the physical pain, discomfort, and emotional distress you have endured and will continue to endure.
  • Mental Anguish: This covers things like anxiety, depression, fear, insomnia, or PTSD resulting from the trauma of the crash.
  • Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, or relationships that once brought you joy, you deserve to be compensated for that loss.
  • Permanent Disfigurement or Impairment: Compensation for scarring, loss of a limb, or any permanent physical limitation.
  • Loss of Consortium: In some cases, an uninjured spouse can claim damages for the loss of companionship, support, and intimacy resulting from their partner’s injuries.

Calculating non-economic damages is complex. Insurance adjusters will try to downplay them, but a skilled attorney knows how to build a compelling narrative that demonstrates the true human cost of the accident.

Step 3: Crafting and Sending the Demand Letter

With all the evidence gathered and damages calculated, the next step is to formally initiate the settlement negotiation. This is done by sending a comprehensive “demand letter” to the at-fault party’s insurance company.

This is not just a simple letter. It is a detailed legal document that powerfully tells your story. It will:

  • Clearly state the facts of the accident, establishing why their insured driver was at fault.
  • Provide a detailed summary of your injuries, treatment, and prognosis.
  • Include an itemized list of all your economic damages, supported by bills and receipts.
  • Articulate a strong argument for your non-economic damages, explaining how the accident has impacted your daily life.
  • Conclude with a specific monetary amount—the total sum you are demanding to settle the claim.

The demand letter is the opening shot in the negotiation. A well-crafted, thorough, and persuasive demand letter sets a serious tone and shows the insurance company you are prepared to fight for what you deserve.

Step 4: The Negotiation Phase

After receiving the demand letter, the insurance adjuster will review it and respond. They will almost never accept your initial demand. Their first offer will almost certainly be a “lowball” offer—a number far below what your case is actually worth.

This is where the real negotiation begins. It’s a strategic back-and-forth process. Your attorney will reject the lowball offer and provide a counter-demand, justifying it with the evidence. The adjuster will come back with a slightly higher number. This can go on for several rounds.

During this time, patience is a virtue. Insurance adjusters often use delay tactics, hoping you’ll get frustrated and accept a lower amount just to be done with it. Having a professional advocate who understands these tactics and won’t be intimidated by them is crucial. They will handle the stressful phone calls and emails, keeping you informed while fighting for a number that is truly fair.

Step 5: Reaching an Agreement or Filing a Lawsuit

The goal of negotiation is to get the insurance company to offer a fair settlement amount that you are willing to accept. If this happens, your case moves toward its conclusion.

However, sometimes the insurance company refuses to be reasonable. They may dispute liability or drastically undervalue your injuries. If you and your attorney reach a point where you believe you cannot get a fair offer through negotiation alone, the next step is to file a personal injury lawsuit.

Filing a lawsuit does not mean your case will automatically go to trial. In fact, filing often motivates the insurance company to negotiate more seriously. The case will enter a phase called “discovery,” where both sides formally exchange information. Many cases settle during this phase or through a process called mediation, which is a structured negotiation session led by a neutral third party.

Finalizing the Settlement: The Last Steps

Settlement agreement document placed on a wooden desk beside a judge’s gavel, symbolizing the final resolution of a legal case.

Once you and the insurance company have verbally agreed on a settlement amount, there are a few final but very important steps to complete.

  1. Signing the Release Agreement: The insurance company will send a legal document called a “Settlement and Release Agreement.” This document states the agreed-upon amount and confirms that, in exchange for this payment, you are releasing them and the at-fault party from all future liability related to the accident. It is absolutely vital that you review this document carefully with your attorney before signing. Once you sign it, your case is permanently closed.
  2. Handling Liens and Bills: The settlement check is typically sent to your attorney’s office. Before you receive your portion, your attorney will use the funds to pay any outstanding bills or liens against your settlement. A “lien” is a legal right to payment. For example, your health insurance company or a hospital that treated you may have a lien for the costs they covered. A good attorney will often negotiate with these lienholders to reduce the amount you have to pay back, putting more money in your pocket.
  3. Receiving Your Net Settlement: After all liens, medical bills, and legal fees are paid from the settlement funds, your attorney will issue you a check for the remaining balance. This is the net amount you receive, tax-free, to help you rebuild your life.

Trusted Legal Support for Personal Injury Settlements

We know this is a lot of information. The journey from an accident to a final settlement check can be long, complicated, and emotionally draining. It’s a path filled with legal details and procedural hurdles, all while you are trying to focus on what truly matters: healing.

You were hurt because of someone else’s carelessness, and you shouldn’t have to fight a massive insurance corporation by yourself. You deserve an advocate who will not only handle the legal fight but will also treat you with compassion and respect.

At Williams Elleby Howard & Easter, we see our clients as an extension of our own family. We are a team of Kennesaw-based personal injury attorneys who have dedicated our careers to helping people across Georgia stand up to insurance companies and get the justice they are owed. We listen to your story, we answer your questions, and we use our experience as exceptional trial lawyers to build the strongest possible case for you. We have recovered over $100 million for our clients because we are relentless in our pursuit of what is right.

Let us take the legal burden off your shoulders so you can focus on getting your life back. If you’ve been hurt, we’re here to help. Contact us today at (404) 389-1035 or through our online form  for a free, no-obligation case consultation. We’ll listen to what happened and explain how we can help. 

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Mediation Process in Personal Injury Cases

Personal Injury lawyers shaking hands after a successful negotiation.

Understanding Mediation in Personal Injury Cases: A Path to Settlement

When pursuing a personal injury claim, the process of settling your case can take many different routes. In some instances, claims are settled before a lawsuit is even filed or shortly after a lawsuit is filed. In some cases, a settlement may not occur until just before the trial is set to begin. One of the key tools in the settlement process is mediation – a method used by attorneys in personal injury cases to help parties reach a resolution before the case goes to trial.

What is a Mediation in a Personal Injury Case? What is a Mediator?

Mediation is a structured, formal process used to resolve disputes between parties. Using a mediator is part of the overall ADR (alternative dispute resolution) process, which includes arbitration and other dispute resolution services. It is essentially a settlement conference, typically overseen by a neutral third party known as a legal mediator. Mediators are often experienced professionals, such as retired judges or lawyers who have extensive experience in the legal field in which you are mediating. For example, in the personal injury space, you can expect to have a mediator that was an insurance defense lawyer and maybe even a plaintiff’s attorney so that the parties can rely on their experience when trying to resolve the dispute. Their role is not to make binding decisions but to facilitate a productive discussion between the parties involved, helping them weigh the strengths and weaknesses of their respective cases. The goal is to encourage settlement by making both sides more aware of their options, and also their risks.

While some cases may be mediated prior to filing a lawsuit, mediation typically occurs after the lawsuit has been filed, and the discovery process has been completed so both sides are armed with the knowledge to allow them to make a sound decision on whether to resolve the case at mediation. The discovery phase of a personal injury lawsuit is when both sides exchange information about the case, including exchange documents, pictures and videos, and also taking depositions of witnesses and experts, allowing each side to understand the other’s position.

What Happens During the Mediation Process?

At the start of mediation, both parties typically participate in a general conference. In this initial meeting, both the plaintiff and defendant (and their respective lawyers) usually present the key points of their case. The plaintiff will outline the strengths of their case, as well as the weaknesses of the defendant’s case. Likewise, the defense lawyer will do the same, allowing both sides to gain a clearer understanding of each other’s arguments. The actual injured party typically does not speak during this time, nor are they required to answer any questions.

After this conference, the parties separate into their individual rooms. The mediator will then move between the rooms, discussing each side’s position, exploring offers and counteroffers, and providing insights into the risks and benefits of continuing the case versus settling. The mediator’s goal is to bridge the gap between the parties, gradually moving both toward a compromise.

The Goal of Settlement: Finding the Middle Ground

The success of a mediation ultimately hinges on whether the least amount the plaintiff is willing to accept is less than or equal to the most amount the defendant is willing to pay. To visualize this, think of buying a car. The car salesman has a price, but they know the buyer won’t pay the full price. Likewise, the buyer knows they won’t pay the sticker price but will make a lower offer. The negotiation process involves moving toward a price where both the buyer and the seller are satisfied. Similarly, in mediation, if the defendant’s maximum offer meets or exceeds the plaintiff’s minimum acceptable settlement, a resolution is reached.

However, not all cases settle during mediation. If the parties can’t agree, the case will proceed toward trial. Despite this, mediation tends to have a high success rate, largely because experienced attorneys can assess the risks involved and recommend a reasonable settlement value.

Do You Have to Testify at Mediation?

A common question clients ask before attending mediation is whether they will have to testify or make a statement. In most cases, the answer is no. While the process may vary from case to case, it is not necessary for the client to testify, and it is certainly not required. The role of the client is to make the final decision about what they are willing to accept in terms of a settlement, based on the attorney and mediator’s advice and suggestions. Most of the talking during mediation is between the client and the lawyer while the mediator is out of the room. Sometimes, the mediator will ask questions, but this is done without the other side in the room, or their lawyers, and is usually only to get a further understanding of the issues. Which leads me to my last, and final point….

Is the Mediation Confidential?

Anything that is discussed in mediation is strictly confidential. This includes what is said between the parties and any discussion with the mediator outside the presence of the other side’s attorneys. The mediator is only allowed to tell the other side what you and your lawyer allow the mediator to say. The process is confidential to encourage the parties to be open and forthright in their attempt to resolve the case without the fear of anything being said in the mediation to be used against them in court. You cannot go to trial after a failed mediation and proclaim “the defendant only offered us $5 at mediation! Can you believe that?!”

Is Mediation the Best Course of Action for Your Case?

Mediation is an effective tool in personal injury cases, providing a way to settle disputes before they reach the courtroom. It allows both parties to present their case and receive expert advice from a neutral mediator, which can guide them to a mutually agreeable settlement. However, the success of mediation ultimately depends on the willingness of both sides to compromise.

If you have been injured due to someone else’s negligence, it’s important to understand the options available to you, including the possibility to mediate your personal injury case. At Williams Elleby Howard and Easter, we offer free consultations to help guide you through your personal injury claim and determine the best course of action for your situation.

Call us today at 833-LEGALGA or visit us at gatrialattorney.com for more information.  Call Us! It Won’t Hurt ™

Georgia’s O.C.G.A. 9-11-67.1 Automobile Wreck Pre-suit Demand

Georgia’s O.C.G.A. 9-11-67.1 Pre-Suit Car Wreck Demands

Pre-Suit Demands in Auto Wreck Cases and Why They Are Important! A History on Georgia’s O.C.G.A. 9-11-67.1.

In almost every car wreck case it is important to send the at-fault insurance company a pre-suit demand. In Georgia, the law that controls pre-suit demands for car wrecks is found at O.C.G.A. § 9-11-67.1. 

This statute was first enacted in 2013 and set out the requirements needed to send a valid pre-suit demand in a car wreck case. 
Those requirements (or material terms) were as follows:

  1. State a time which such offer must be accepted, which shall not be less than 30 days
  2. The amount of the monetary payment
  3. The party or parties the claimant(s) will release if accepted
  4. The type of release, if any, the claimant(s) will provide to each releasee; and
  5. The claims to be released.

The code section also stated that the recipient could seek clarification regarding terms, liens, subrogation claims, medical bills, records, and other relevant information, and such clarification would not amount to a counteroffer.

This law was enacted in response to what were traditionally called “Holt demands.” These Holt demands were sent to insurance companies giving them typically no more than ten days to respond to a policy limits demand, along with other conditions the offeror deemed fit. Failure by the insurance companies to comply with Holt Demands would then lead to a bad faith claim against the insurance company for failing to pay the policy limits in a timely manner, and situations where insurance companies were potentially paying well above their policy limits for acting in bad faith by failing to settle per the conditions of the Holt demand. O.C.G.A. § 9-11-67.1 was enacted to bring clear rules to these demands.

Like most laws, once the initial statute was enacted there were some things that needed to be further refined. Thus, the law was amended in 2022, which modified the material terms and required clarity with what type of release was being offered (whether a full or limited release), and an itemization of what was to be provided to each releasee.

Some additional changes required:

  • The demand to include medical or other records in the offeror’s possession to allow the adjuster to evaluate the claim;
  • If a release was not provided in the demand, sending a proposed release by the adjuster was not considered a counteroffer;
  • Limiting the material terms of a demand to those listed in the code section; and
  • If payment was required by a certain day, that date could not be less than 40 days from the receipt of the offer.

The biggest impact of the 2022 amendment was confirming that the only material terms that could be included in the demand were those listed in the code section, and any other stated material term had to be agreed upon by both parties. It also allowed the recipient to provide a proposed release when accepting a demand, and that by doing so did not amount to a counteroffer.

In 2024, however, the statute was amended for a third time. Unlike the prior amendment, this amendment made some notable changes to the material terms. Specifically, the material terms were amended to include the following:

  • You must include a specific date by which such an offer must be accepted, which shall not be less than 30 days.
  • You must include a specific date by which payment shall be delivered, which shall not be more than 40 days from the offer.
  • A requirement that in order to settle the claim, the recipient shall provide the offeror a statement under oath regarding whether all liability and casualty insurance issued by the recipient that provides coverage or may provide coverage has been disclosed, along with a date in which such disclosure must be made, but not less than 40 days from receipt of the offer.

The newest amendment also clarifies that any disagreement with an immaterial term does not subject the recipient to a civil action from an alleged failure to accept an offer. However, seeking to modify any of the material terms would not be deemed a clarification.

Importantly, and as stated above, this type of demand only applies to death or injury resulting from a motor vehicle collision and must be sent prior to the filing of an answer. There are other types of demands that are sent in other personal injury cases, including premises liability, medical malpractice, and product liability cases, to name a few.

As you can see, this law has had some significant changes over the years, which is why it is important to consult with a knowledge personal injury attorney when you or a loved one has been injured in a car wreck.  In this video, Attorneys Joel Williams and Chase Elleby discuss the steps involved in settling a car wreck case to ensure you receive the compensation you deserve.

Williams, Elleby, Howard, & Easter serves clients throughout the State of Georgia. If you or a loved one suffered a personal injury as a result of a car wreck, the attorneys at Williams, Elleby, Howard, & Easter can help you understand what possible claims you may have and work to get you the compensation you deserve. To schedule a free consultation, call 833-534-2542 today.

Autonomous Vehicles and Georgia Personal Injury Law

Woman reading a magazine while riding in a self-driving car, with digital displays showing autonomous vehicle technology.

Navigating a New Legal Landscape: Self-Driving Cars and Georgia Personal Injury Law

What once seemed like a futuristic pipedream is now a reality- The Insurance Institute for Highway Safety expects there to be 3.5 million vehicles with self-driving capabilities on the road by 2025. While this technological advancement promises greater convenience and safety on the roads, it also raises complex legal questions, especially concerning personal injury claims.

Understanding Self-Driving Technology

Self-driving cars, also known as autonomous vehicles, utilize advanced sensors, cameras, and artificial intelligence algorithms to navigate roads without human intervention. Tesla, a frontrunner in this field, has been developing its FSD mode, which aims to enable fully autonomous driving capabilities. While most major automakers’ new vehicles provide backup sensors, front crash warning systems, laser-guided cruise control and lane assist features to help cars remain in the correct lane, Tesla is the first to take the next step toward providing a truly autonomous vehicle.

Tesla’s Full Self-Driving (FSD) Mode

Tesla’s FSD mode represents a significant leap forward in autonomous driving technology. It incorporates features such as Autopilot, Navigate on Autopilot, and Traffic Light and Stop Sign Control. These features allow the vehicle to practically drive itself. Once engaged, the system will drive the vehicle with virtually no human intervention. It is capable of seeing and reacting to other vehicles on the road, changing lanes, reading road signs, obeying traffic lights, yielding to pedestrians, navigating to locations, and parking itself all without human intervention. While these features offer convenience and enhanced safety, they also pose two major questions: (1) are they safe and (2) what are the legal considerations in the event of accidents or injuries.

Are Autonomous Vehicles Safe?

Determining the safety of autonomous vehicles is difficult because there is currently no reliable way to confirm whether a driver was using the automated driving mode at the time of a crash. However, most safety agencies agree that automated driving systems offer significant potential to reduce traffic crashes. The National Highway Traffic Safety Administration (NHTSA) of the U.S. Department of Transportation reports that 94% of crashes in the United States are caused by some sort of human error, with the leading causes being driving under the influence, distracted driving, and driving while tried. Therefore, the Department of Transportation found that automated driving systems “have the potential to significantly reduce highway fatalities by addressing the root cause of these tragic crashes.”

However, the question still remains as to whether these systems are “safe enough” to rely on for day-to-day use. I have spent the last three months driving a Tesla with Full Self-Driving capabilities and am not ready to say that it is “safe enough.” While I am, by no means, a safety expert, I can definitely say there were moments where, if left unchecked, the car would have caused a crash.

FSD technology does so many things well. However, there are certain situations where it fails miserably and others where it is just annoying. It fails miserably at seeing large white objects on clear sunny days. I have twice been in situations where I was stopped at a stop sign and the car almost pulled out directly in front of a large white vehicle crossing the intersection in front of me. Had I not been paying attention and disengaged the system, the FSD would have caused a crash in both instances. The FSD is annoying in the time it takes to make decisions in certain situations. At times, I can sense the car “thinking” about whether an action is safe. This feels like it takes forever and really slows down other traffic in the area. For example, when the car parks itself, it stops in the middle of the parking lot for a significant amount of time as it measures/plans its path to park. Also, when waiting to pull out from an intersection, the car will wait quite a while when there is no traffic coming to ensure it is safe to go. While these delays are probably safer, it does seem to cause congestion and annoyance to other drivers.

Despite my anecdotal evidence of issues with the technology, Tesla has published data showing that its FSD technology is safer than human driving. Tesla’s data reveals that it recorded one crash for every 7.65 million miles driven using its FSD technology, while the most recent data available from NHTSA reveals that, in the United States, there was one crash approximately every 670,000 miles driven. Thus, Tesla claims that its FSD technology is 1,100% safer than the average American driver.

Legal Implications of Autonomous Vehicles

Determining liability in a crash involving an autonomous vehicle will likely be much easier due to the technology available on the vehicles. All autonomous vehicles are equipped with multiple cameras, which record and store data in real time. Therefore, after a crash, it is much easier for the responding office to pull the video from the car to see exactly what happened in the wreck and determine who was at fault. The driver of the autonomous vehicle is still responsible for the actions of the car; thus, fault would still lie with the autonomous vehicle driver even if the crash occurred while operating in self-driving mode.

The more complicated question involves insurance coverage. Who must pay for the crash? To date, Georgia law has not passed any statutes directly addressing insurance coverage as it relates to autonomous vehicles. Therefore, normal negligence and insurance law applies, which would make the driver of the at-fault vehicle and her insurance company responsible for the damage caused by the crash.

However, in a crash involving serious injuries where a malfunction of the autonomous driving software caused the crash, an injured party may be able to pursue a products liability claim against the manufacturer of the car/software. These cases can be complex; nevertheless, it is most certainly an avenue that an experienced personal injury attorney would explore should the facts warrant it.

The Rise of Robo-Taxis: What You Need to Know

Beyond individual ownership, the concept of Robo-taxis, or autonomous ride-hailing services, is on the horizon. Companies like Tesla and Waymo are exploring the potential for deploying fleets of self-driving vehicles for on-demand transportation. While this promises greater accessibility and efficiency, it also raises questions about insurance coverage, regulatory compliance, and passenger safety. Deploying these types of vehicles on Georgia’s roads will most certainly require new laws to determine what types of insurance coverage is required and who would be responsible for providing that coverage. Only time will tell how this plays out in the Georgia Legislature.

How to Protect Your Rights in a Self-Driving Future

In the face of rapid technological advancement, it’s crucial for individuals to stay informed and proactive about their legal rights. If you’re involved in an accident involving a self-driving car, here are some steps to take:

   1. Seek Medical Attention:

           Your health and safety should always be the top priority. Seek medical attention for any injuries sustained in the accident.

   2. Document the Scene:

           Gather evidence, including photographs of the accident scene, vehicle damage, any relevant road conditions, and check with the autonomous vehicle driver to see if there is video of the crash.

   3. Contact Law Enforcement:

            Report the accident to the police and obtain a copy of the accident report.

   4. Consult with an Attorney:

            A skilled personal injury attorney can help preserve evidence, assess your case, advise you on your legal options, and represent your interests in negotiations or litigation.

Conclusion

Self-driving cars hold the promise of a safer and more efficient transportation future. However, as with any technological innovation, there are legal considerations that must be addressed. By understanding your rights and seeking knowledgeable legal representation, you can navigate the complexities of personal injury claims in the age of self-driving cars. The experienced personal injury attorneys at Williams Elleby Howard & Easter work hard to get accident victims the compensation they deserve.

Located in Kennesaw, Georgia, Williams Elleby Howard & Easter serves clients throughout the State of Georgia. If you or a loved one suffered an injury as a result of a autonomous vehicle, Attorney Jared Easter at Williams, Elleby, Howard, & Easter can help you understand what possible claims you may have and work to get you the compensation you deserve. To schedule a free consultation, call 833-534-2542 today.

Distracted Driving is a Real Problem in Kennesaw, GA

distracted driving accidents deadly

Automobile Accidents are a Real Problem in Cobb County, GA

According to Georgia Automobile Crash Data published by the Georgia Department of Transportation (“GDOT”) on its crash data portal, there were 25,716 accidents in Cobb County, Georgia during 2022. 10,603 people were injured in those accidents and 77 died.  These statistics are alarming but they are down right scary when we break them down further. These statistics suggest that in 2022, on average, 70.45 accidents occurred every day in Cobb County. Again, on average, 29.04 people are hurt in these accidents every day and someone died every 5.18 days.

Distracted Driving is a Dangerous Habit for Many Georgia Drivers

A major cause of deadly traffic accidents is distracted driving. In today’s high paced world, drivers can be distracted by many things ranging from cell phones to kids arguing in the back seat. 52,149 of the 57,605 distracted driver convictions reported to the Georgia Department of Driver Services in 2021, were for violations of O.C.G.A. § 40-6-241(c) Unlawful Use of Wireless Device. Of all the counties in Georgia, Cobb County had the third most convictions for violations of O.C.G.A. § 40-6-241(c). The only Georgia counties with more convictions for Unlawful Use of a Wireless Device were Fulton and Gwinnett Counties. Detailed distracted driver data reports for Georgia can be found on the Georgia Department of Driver Services website.

Despite extensive research showing just how big of a problem distracting driving is, drivers continue to engage in behavior that causes them to lose focus on the road. People often underestimate the risk of talking on the phone, text messaging, eating while they drive, or overestimate their ability to multitask. But with lives at stake, practicing safe driving habits is crucial.

Careless Tractor Trailer Drivers Drive While Distracted

Just a few years ago, this author was contacted by a potential client after he was rear-ended by a tractor trailer driver on Interstate-285 outside of Atlanta. At first glance, the case seemed to be fairly routine but things got interesting when I filed suit and obtained the tractor-trailer driver’s cell phone records.

During the lawsuit, I served written discovery on the tractor-trailer driver, his employer, and his insurance company. Initially, they vehemently denied that he was using his cell phone at the time of the crash. Specifically, the driver claimed he was checking his mirrors as a safety measure prior to the crash:

Screenshot of a motor vehicle accident report highlighting the official description of the crash.

His cellular provider’s records told a different story. The driver was, in fact, engaged in a lengthy text messaging conversation during his trip and at the time of the crash. This was easily proven by comparing the Georgia Crash Report – Crash Date & Time to the driver’s cell phone records as shown below:

Screenshot of a motor vehicle accident report highlighting the documented time of the crash.
Screenshot showing detailed phone records of text messages, including dates and times messages were sent and received, illusttrating distracted driving risks.

When this tractor trailer driver was texting and driving, he knew that his actions were dangerous. He said so in his deposition testimony:

6         Q.  Did you know at the time of this
7.    wreck and did you believe at the time of this —
8.    that this wreck occurred that texting and driving
9.    was, as on this video we just watched, one of the
10.  most dangerous things you can do while driving a
11.  vehicle?
12.       A.  Yes, I was aware.
13.       Q.  And did you it anyway?
14.        A.  Yes.

This driver’s dangerous choice to text and drive caused significant injuries to my client that resulted in a very expensive and risky neck surgery. As a consequence of this driver’s choice to text and drive, my client will never be the same. He has internal hardware to stabilize his spine and he will never again be the same father and husband he once was. In addition to my client’s serious injuries, this driver’s employer had to pay a large amount of money to settle this claim.

Nobody “won” in this situation. A man’s life was forever altered and a company lost a lot of money due to its driver’s dangerous choice to text and drive. We should all keep this lesson in mind so we don’t make the same dangerous mistake.

Common Bad Habits to Avoid While Driving in Georgia

  1. Texting. This is a bad and dangerous habit in Georgia and throughout the country. Texting while driving is extremely dangerous. Some research shows that the dangers of texting and driving can be as profound as those associated with drinking and driving. Texting and driving should always be avoided for safety reasons. Moreover, it is illegal to do so in Georgia and punishable by a fine. 
  1. Using apps or other phone functions. Equally dangerous is using your phone to access apps, music, or any other functions. For instance, one study suggested that the rising popularity Pokemon Go was causing more accidents on the road because game-obsessed drivers sometimes try to play as they drive. Like texting, using smartphone applications while driving should always be avoided.
  1. Talking on the phone. Some studies show that even hands-free cell phone conversations present a significant risk. Although hands-free calling is a safer way to communicate than texting, you should be aware that it still presents a risk on the road.
  1. Eating and drinking. Some people eat and drink when they drive. In fact, at one time or another most people have probably tried to grab a bite or sip on a soda while behind the wheel. While there are some circumstances where this might be safe, you should never eat or drink anything that takes both hands, is messy, or can be easily spilled.
  1. Any other multitasking. There are countless other ways a person can be distracted trying to multitask as they drive. Anytime you are taking attention away from your driving to do something else, it can be a problem and a safety hazard.

Distracted Driving Poses Significant Financial Risks

Distracted driving poses significant financial risks, impacting individuals and society at large. Lets explore some financial consequences that may arise from this dangerous behavior:

  1. Increased Auto Insurance Premiums: Traffic violations related to distracted driving lead to higher automobile insurance premiums. When you receive a citation for distracted driving, your automobile insurance costs can increase significantly. According to The Zebra, a 2024 cell phone violation can increase your insurance premiums by 21.56%. Repeated offenses can compound these costs resulting in prohibitively expense automobile insurance premiums. 
  1. Insurance Claims and Payouts: Insurance companies are in the business of making money. Distracted driving accidents result in property damage and personal bodily injury payouts. An “at-fault” distracted driving accident will almost certainly increase the at-fault driver’s premiums. However, the financial fallout does not stop with that driver. When more distracted driving accidents occur, automobile insurers will have higher overall claims expenses. This means that those increased expenses will be passed along to the public in the form of higher premiums.
  1. Property Damage and Repairs: Distracted driving often results in crashes, leading to property damage. Repairing or replacing damaged vehicles can be expensive, especially in the modern world where vehicle maintenance and repair costs continue to rise.
  1. Medical Expenses: Distracted driving accidents can result in injuries to drivers, passengers, and pedestrians. Medical expenses, including hospital bills and doctor visits can quickly add up.
  1. Legal Fees and Fines: Most states have enacted laws that impose monetary fines on individuals who plead guilty or are convicted of distracted driving. For example, in Georgia, the monetary fines can be found at O.C.G.A. § 40-6-241(f)(1).
  1. Lost Wages and Productivity: When distracted driving leads to accidents, the accident victims often miss time from work to deal with car repairs, doctor’s appointments, etc. This can result in lost income for the victims and lost productivity for employers when their employees are unable to perform their job duties efficiently.
  1. Vehicle Depreciation: Most of us know that the resale value of a damaged vehicle is much less than a non-wrecked vehicle. Even after repairs, potential buyers may hesitate to purchase a car with an accident history.
  1. Business Costs: When commercial vehicles are involved in distracted driving accidents, the businesses often face repair costs, insurance claims, and lost revenue. For example, when a tractor trailer driver is involved in a distracted driving accident, the trucking company will likely face several claims that include damaged cargo, property damage, worker’s compensation, and even third-party bodily injury. It may not end there. If the company has a history of distracted driving accidents caused by its drivers, it may face regulatory penalties and lose business from customers that hire it to transport goods.

Distracted Driving is a Top Concern for Automobile Accident Lawyers

Personal injury automobile accident lawyers are usually interested in whether the at-fault driver was distracted at the time of the wreck that injured their client. There are many reasons for this but the primary reason is that injury claim and lawsuit awards are usually larger when the are aggravating circumstances that contribute to the wreck.

So, why are monetary awards typically larger when someone causes a wreck while they are distracted? In this author’s experience, it is because the distracted driver is less sympathetic than an attentive driver who simply made a mistake.

In most situations, a conscious choice must be made to take whatever action caused the distraction. For example, someone must choose to use their cell phone. They must choose to wear earbuds. They must choose to check their email. They must choose to play a game. They must choose to apply makeup. A conscious choice is much different from an innocent mistake where someone, for example, misjudges the distance between themselves and another driver.

Additionally, drivers that violate a distracted driving law may be negligent per se. This means the law presumes that the distracted driver breached their duty of care and is negligent as a matter of law. In negligence per se cases, the injured party (usually the Plaintiff) only needs to prove that the negligent acted “caused” their damages (and of course, what those damages are).

The lesson here is quite simple. Distracted driving exposes drivers to significant financial burdens so don’t do it.

Be Safe: Focus on the Road When Driving

Driving isn’t a time to lose focus. Every day, most Americans drive and it is easy to get complacent. Distracted driving not only jeopardizes lives but it also results in substantial financial burdens. By staying focused on the road, we can mitigate the risks of driving and promote safer driving practices for everyone.

If you’d like more information, or if you’ve been injured by a distracted driver, feel free to contact the personal injury lawyers at Williams Elleby Howard & Easter at (833) 534-2542 in Kennesaw, Cobb County, Georgia today.

What You Should Know BEFORE a Car Wreck

Aftermath of a car crash showing a silver car with the front end smashed in.

Let’s start by saying we hope you never need to hire an attorney.  We hope you never end up in a car wreck, but the unfortunate reality is car accidents are a fact of life.  Whether you are at fault or not, car accidents are on the rise.  According to the National Highway Traffic and Safety Administration, over 5,200,000 million collisions happened over the course of year (2020).  After working with a lot of first time personal injury clients who maybe waited too long to call an attorney or made a misstep before contacting us, we often hear the comment, ‘I wish I knew this before getting in a car wreck…’ Here is our advice to those who have yet to be in an accident, based on what our clients wished they knew.

Don’t Trust the At Fault Insurance Company

The number one thing our clients wish they knew before getting into a wreck was to not trust the at-fault insurance company.  The at-fault insurance company is the company that represents the at-fault driver.  The at-fault insurance company’s interest is not aligned with yours.  Do not trust them when they say things like, ‘hey, we’ll take care of you,’ or ‘send us your bills and we will pay them.’  After sending them your medical bills, they will likely come back and argue the bills are too high. Insurance companies will say they only need to pay what is “reasonable and necessary,” so they can always argue the treatment you received or the amount you paid was not reasonable or necessary.

Don’t Wait Too Long to Seek Treatment When You’re Hurt

If and when you are involved in an auto accident, do not wait too long to seek medical treatment. Insurance companies will argue that gaps in seeking and receiving treatment make it look like you were not really injured or that your injuries were so minor that you didn’t need treatment.  The reality is, you might feel fine at first but after a couple of days, symptoms of your injuries start to occur.  We have also seen clients waiting to seek medical treatment in hopes that their injuries will get better on their own with time.  If you wait too long before seeking treatment or don’t follow your treatment plan according to your medical providers’ instructions, this can hurt your personal injury case.

Make Sure Your Car is Worth More Than What You Owe — Gap Coverage Insurance

Sometimes the market is what it is and this is not always something you can avoid, but if possible, owing less on your car than what it is worth is ideal.  If you are in an accident and your vehicle is totaled, the insurance company is only required to pay you the “fair market value” of your car.  So for instance, if you can sell your car for $20,000 but you owe $30,000 on it, the insured only has to pay $20,000 for that vehicle.  This is where gap coverage comes in handy.  If you suspect you could ever be in a situation where you owe more than your car is worth, gap coverage on an insurance policy will cover the difference between what your car is worth and what was owed on it before being totaled.

Make Sure You Have Uninsured Motorist Coverage

Uninsured motorist coverage is essential in the event you are hit by someone with no insurance or not enough insurance to cover the accident.  You can learn more about uninsured motorist coverage here.

“Full Coverage” is Rarely Full Coverage

We often hear first time clients say things like, ‘Don’t worry, I have full coverage,” only to find out they have minimum limits coverage.  Some insurance agents will tell you they’ll get you “full coverage,” simply meaning you’re fully covered to legally drive in your state.  Fully covered to drive does not mean you are adequately protected if you cause a wreck and cause bad damages or if somebody hits you and causes bad damages.  Don’t just settle for “full coverage”.  Really look into your policy and find out what kind of coverage is written into your policy and whether the amounts of coverage provide sufficient protection for your personal situation.

If You’re Able, Gather Information at the Scene

Pictures, video, witness names and contact information from the scene can be instrumental in your personal injury claim after a car wreck.  It is amazing how several people can be involved in the same event and have different recollections of what happened.  Don’t always rely on the investigating police officer to record names and contact information of witnesses.  The officer might include information from witnesses but not always record their contact information for use later. Any documentation you are able to collect at the scene will be helpful in winning your case later on down the road.

Hire a Good Personal Injury Attorney

If you get into an accident, make sure to hire a good personal injury attorney.  Do your research.  Examine websites, read reviews, ask friends and family that have used an attorney before, and set up a free consultation to meet with potential attorneys to feel them out.  You want to hire the best attorney for you and your case.

If you’ve been injured in a car accident and are looking for a personal injury attorney, schedule a free consultation with us today! Joel Williams and Jared Easter are experienced car wreck attorneys who can help you settle your case.  833-LEGALGA