It’s safe to say that every car accident, no matter how small, comes with its fair share of stress, pain, and recovery time… but a fatal car accident? That’s a whole other story.
By definition, a fatal car accident is an event in which someone loses their life, and the most disappointing are those that are caused by the negligence — or misconduct — of another driver. In these situations, cases of reckless driving, intoxication, or another form of negligence can carry significant legal implications for the responsible party.
Beyond that, dealing with the loss of a loved one will take all of your energy. So don’t go down this road alone.
Contact our team at the CEO Lawyer Personal Injury Law Firm today to task one of our Atlanta fatal car accident attorneys with all the next steps to come. To reach out to our team, simply call (404) 777-8800 or use this link.
From there, we can help you schedule a free, confidential case evaluation — with no obligation required.
How Can an Atlanta Fatal Car Accident Attorney Help Me?
A seasoned car accident attorney can help you streamline the claims process while keeping the entire project organized. Additionally, they can ensure your rights are protected and work to help you pursue the compensation you may be owed.
Right off the bat, your car accident lawyer will want to thoroughly investigate the factors that led up to your accident. This will involve collecting evidence, reviewing police reports, interviewing witnesses, and enlisting the experience of accident reconstruction specialists.
From there, they can help you calculate both the economic and non-economic damages you may be entitled to receive compensation for. Economic damages traditionally include medical expenses, funeral costs, and lost income, while non-economic damages are meant to address pain and suffering, loss of companionship, and emotional distress.
Down the line, negotiating with an insurance company will be the last thing you’ll want to do — especially when emotions are running high. Here, your lawyer can step in as your advocate to handle any discussions with insurance adjusters.
Your Atlanta personal injury lawyer knows the tactics insurers use and can shield you from any unnecessary stress.
Of course, in some cases, negotiations may not be enough to secure you the compensation you are owed. In these situations, your lawyer will be prepared to take your case to court.
All in all, a fatal car accident lawyer can be your legal ally during this challenging, emotionally charged time. They’ll guide you through the litigation process and represent your interests by presenting a compelling case before a judge and jury if necessary.
By enlisting their support, you’ll gain a powerful advocate who is committed to securing the justice and compensation you deserve.
Legal Responsibilities After a Fatal Car Accident
On the road and after an accident, we all have a few core responsibilities to not just the people around us but our legal community.
For example, every driver is bound by a duty of care. This is the legal obligation to exercise caution (and prudence) while operating a motor vehicle.
That said, this responsibility also extends to other motorists, pedestrians, and passengers. When this duty is breached due to ‘negligence’ or misconduct, it’s time to get an attorney involved.
By definition, negligence occurs when a driver fails to exercise the standard of care we all expect to see on the road. Similar to ‘duty of care,’ when we say standard of care, we’re essentially saying that every driver is required to use reasonable caution while operating a vehicle.
In this way, examples of negligence could include speeding, distracted driving, driving under the influence, or disobeying traffic laws. When negligence results in a fatal accident, the responsible party can — and should — be held liable for their actions.
Who Can Be Held Liable After a Fatal Car Accident?
At times, determining liability in a fatal car accident isn’t so straightforward. In fact, multiple parties may share the responsibility, including:
- Drivers: The person operating the vehicle at the time of the accident will often be found to be liable for the accident if their actions, or negligence, directly resulted in the accident.
- Vehicle Owners: If the vehicle involved in the accident was owned by someone other than the driver, the owner may share responsibility. For example, if the owner failed to warn the driver about a faulty part or refused to properly maintain the vehicle, they could be held liable for any injuries or fatalities caused.
- Third Parties: In some cases, third parties like manufacturers can be held liable if a vehicle defect contributed to the accident.
- Vehicle and Parts Manufacturers: In accidents where a defect in a vehicle or one of its parts either contributed to the accident’s cause or the severity of the injuries suffered, the manufacturer may be held liable, jointly or separately, for the resulting damages.
Additionally, it’s important to note that liability can be shared among multiple parties.
Georgia’s Legal Framework for Fatal Car Accident Claims
Depending on the situation, you may be able to use a range of different legal codes, rules, and regulations to your favor or hold multiple parties accountable for their negligence.
For example, Georgia follows the principle of comparative negligence. This means that if multiple parties share fault for the accident, the courts will assess each person’s degree of responsibility.
Then, compensation will be determined accordingly.
So, for example, if the deceased party is found to be 20% at fault, and another driver is found to be 80% at fault, the deceased’s family or loved one would receive 80% of the total compensation owed (i.e., the total compensation decreased by that 20% they contributed).
Meanwhile, Georgia’s Wrongful Death Act outlines the procedures and criteria one must follow to file a wrongful death claim. Under this act, certain family members, such as spouses, children, and parents, are eligible to seek compensation for the loss of their loved one.
Additionally, two core legal codes also aim to ensure that you can hold the negligent party responsible. These include:
Georgia Code Title 51 – Torts
Title 51 of the Georgia Code is known as the ‘Torts’ section. It’s a fundamental resource for those dealing with personal injury or wrongful death claims, as it outlines the laws related to civil wrongs, negligence, and liability.
It also describes the legal obligations of any individuals involved in these accidents and helps explain how comparative negligence may come into play.
Georgia Code Title 40 – Motor Vehicles and Traffic
This section of the code covers the rules and regulations that govern motor vehicles (and their operation) across the state. Specifically, Title 40 sheds light on general traffic laws, safety standards, and the legal requirements imposed on drivers, vehicle owners, and operators.
It also addresses issues such as driver licensing, vehicle registration, and insurance obligations.
How to Initiate a Fatal Car Accident Claim
First things first, you’ll want to make sure that you’re filing within the statute of limitations. In Georgia, there is a specific time limit within which you must file your claim — and this deadline will vary depending on the nature of your claim but typically ranges from two to four years from the date of the accident.
Next, you’ll need to figure out what type of claim you’re filing. For fatal car accidents, most claims will fall into one of two main categories:
- Wrongful Death Claims: These claims are filed by surviving family members who are seeking compensation for the losses they have suffered due to the death of their loved one. Compensation will typically include economic damages like medical expenses and funeral costs but can also encompass non-economic damages like pain and suffering.
- Survivorship Claims: Survivorship claims focus on the suffering and losses the deceased experienced before their passing. Similar to a wrongful death claim, a survivorship claim will often seek to secure compensation for medical expenses incurred by the deceased, as well as the pain and suffering they endured before their death.
Once you’ve decided what type of claim you’re filing, you’ll want to work with your fatal car accident attorney to gather all of the relevant documents (and evidence) you’ll need to build a strong claim. These may include accident reports, medical records, and witness statements.
Next, your lawyer will initiate contact with the other party (or parties) responsible for the accident, as well as their insurance company. This notification technically serves to inform them that you intend to file a claim.
From there, your lawyer will need to conduct a thorough investigation into the accident to gather as much evidence as possible to support your claim. Then, with the evidence in hand, your lawyer will engage in negotiations with the at-fault party’s insurance company.
These negotiations aim to keep the claim from going to court, but if necessary, your lawyer may advise you to file a lawsuit. At that point, your lawsuit will initiate the litigation process, which will involve formal legal proceedings, including court appearances and hearings.
While there’s not a single part of this process you’ll want to face alone, litigation might be the worst of them all. Luckily, it’s also where your attorney will shine.
So don’t hesitate to reach out to Atlanta’s car accident attorneys today to secure strong legal assistance right from the get-go.
How to Find an Atlanta Fatal Car Accident Law Firm
The easiest way to find and contact a fatal car accident attorney in Atlanta is to simply use this link to speak to a member of our team today. Of course, you can also call (404) 777-8800 to schedule a free, confidential case evaluation — with no obligation required.
So don’t waste another minute. Reach out to our team at the CEO Lawyer Personal Injury law firm today.
