Although the law imposes an obligation on all motorists to drive safely, many people in the Atlanta area engage in reckless behavior while driving, leading to collisions. While some accidents only cause minor inconveniences, many cause serious injuries that prevent people from working or enjoying life as they did before. If you sustained injuries in a collision caused by an irresponsible driver, you have the right to seek damages, and it is advisable to consult an attorney as soon as possible. Tracy Udunka is a knowledgeable Stockbridge car accident lawyer with ample experience assisting injured people in lawsuits arising out of crashes, and she possesses the skills and resources needed to help you pursue a favorable outcome.Common Causes of Collisions
The root cause of most collisions is carelessness. For example, speeding, following too closely behind other vehicles, driving while impaired due to drugs and alcohol, and texting while driving are common causes of car accidents. Drivers who are advanced in age or who are inexperienced regularly cause crashes as well. In addition to unsafe driving practices, poorly designed or maintained roads and defective vehicles or parts also contribute to many car accidents. In some instances, several factors will combine to bring about a collision.Proving Liability for Harm Caused by a Car Crash
People hurt in car accidents frequently incur high medical costs and cannot earn an income due to their injuries. Thus, they often seek to recoup compensation by filing a lawsuit against the parties responsible for the crash. Generally, the plaintiff in a case arising out of a car crash must establish the defendant’s negligence to recover damages.
Under Georgia law, negligence is comprised of four elements, and a plaintiff and a car accident attorney in Stockbridge must prove each element to present a winning case. First, the plaintiff is required to show that the defendant owed the plaintiff a duty. In many instances, the duty owed is the obligation to act with reasonable care under the circumstances, but it may be a duty imposed by law in other cases. Next, the plaintiff must demonstrate that the defendant’s deeds or omissions constituted a breach of the duty.
The third and fourth elements involve causation and damages. In other words, the plaintiff is required to show that the defendant’s breach caused the plaintiff to suffer actual harm. While the defendant’s behavior does not have to be the sole cause of the plaintiff’s losses, it must be a significant factor in the accident. Furthermore, the plaintiff must prove that the damages sustained would not have occurred if not for the defendant’s behavior.
In some cases, a defendant will attempt to refute liability by arguing that the plaintiff caused or contributed to a collision. Unless a plaintiff is 50 percent or more at fault, damages may still be awarded and will merely be reduced in proportion to the plaintiff’s percentage of fault. A Stockbridge car accident attorney can help a plaintiff maximize their damages award.Damages Recoverable in Car Accident Cases
The damages recoverable in a car accident case generally aim to reimburse the plaintiff for the physical, emotional, and financial harm suffered. For example, a plaintiff may be awarded compensation for the cost of any past or future medical treatment needed for the injuries suffered, which may include surgery, physical therapy, and prescriptions. A plaintiff who could not work because of the accident may be granted lost wages or future earnings. Many plaintiffs are awarded damages for the pain, trauma, suffering, and mental distress caused by the injuries suffered due to collisions as well.Speak With an Experienced Attorney About Your Car Accident
Car accidents often cause significant emotional and physical trauma and financial hardships. Many injury-inducing collisions are avoidable, though, and arise solely out of carelessness. People hurt in crashes may be owed compensation for their losses, and it is in their best interest to seek legal counsel. Attorney Tracy Udunka dedicates her practice to helping people harmed by the negligence of others, and if you retain her services, she will fight tirelessly on your behalf. The Law Office of Tracy Udunka represents people who need a car accident lawyer in the Stockbridge area, as well as accident victims in Lithonia, College Park, Union City, Decatur, and throughout the Atlanta region. You can contact Ms. Udunka via the form online or at (770) 629-1383 to schedule a free consultation.