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For teenage drivers in Georgia, a seemingly ordinary drive to school, work, or a friend’s home can quickly become a legal nightmare if they’re involved in a crash. If you got into an accident, not only might you be dealing with severe injuries, expensive medical bills, and anxiety, but you might also have to deal with the legal process. Whether you or your parents file a lawsuit or the other driver sues you, this can be a scary and stressful time.
The best step to take in this situation is to call a Georgia car accident lawyer, but knowing what’s ahead can also help you stay calm and take appropriate steps. Here’s what you can expect if you’re involved in a personal injury lawsuit after a car accident.
What You Must Prove in a Georgia Car Accident Lawsuit
No matter whether you file a personal injury lawsuit or someone sues you, the legal objective is the same. Whoever files the lawsuit must show that the other driver (or someone else who contributed to causing the crash) was negligent and failed to take reasonable steps to prevent the collision.
In Georgia car accident lawsuits, negligence typically involves failing to follow the state’s traffic laws. Some examples of negligence that commonly cause accidents include:
- Speeding
- Distracted driving
- Driving under the influence of alcohol or drugs
- Tailgating
- Not checking blind spots before changing lanes or passing
- Failing to stop at a traffic light or other intersection
Both sides in a Georgia car accident lawsuit must provide evidence to support their claim. Some types of evidence commonly used in these cases include:
- Police crash reports
- Eyewitness accounts
- Footage from traffic or surveillance cameras
- Skid marks and other forensic evidence from the crash scene
- Medical records
- Expert testimony
The more evidence you and your legal team can provide, the better your chances of winning your case or fighting off a lawsuit from the other driver. Unlike in criminal trials, whoever files the lawsuit doesn’t have to prove the defendant’s liability beyond a reasonable doubt. Instead, they only have to show how it’s more likely than not that the defendant acted negligently.
Steps in a Georgia Car Accident Case
Most Georgia car accident cases don’t go to trial. Instead, they typically follow a process like this:
- Initial Consultation – Your first step is to meet with a lawyer to review the details of the crash, your injuries, and how the accident happened. Your lawyer will explain your legal options and help you decide whether to file a claim.
- Investigation – After your initial consultation, your attorney will gather evidence to support your claim, including police reports, photos, witness statements, and any available video footage.
- Identifying Liability – Your lawyer will analyze the evidence to determine who is legally responsible for the accident and your injuries.
- Filing an Insurance Claim – Your lawyer will notify the at-fault driver’s insurance company about the accident and begin negotiating a fair settlement on your behalf. The goal is to negotiate a deal that covers your medical expenses, lost wages, and other losses.
- Filing a Lawsuit – If negotiations fail, your lawyer may file a lawsuit in court to enforce your rights. However, settlement negotiations can continue even after your attorney files a lawsuit.
- Discovery Process – Before the trial starts, both sides exchange evidence and question witnesses to prepare their case.
- Trial Preparation – Your attorney will develop arguments, consult experts, and develop legal arguments to present to a judge or jury. If you win the case, the judge or jury will decide how much compensation you receive.
Involved in a Personal Injury Lawsuit? Contact Our Georgia Teen Driver Accident Lawyer
Joshua E. Palmer Law can protect your rights after a collision and help you seek fair compensation for your injuries and other losses. Call now or reach out online for a free consultation.
