Auto Accidents

Atlanta Automobile Accident Lawyers

Since 1949, lawyers at Johnson & Ward, Atlanta’s first personal injury specialty law firm, have treated clients like family. 

Our current team includes past presidents of the State Bar of Georgia and Atlanta Bar Association, a past chair of the motor vehicle collision section of the American Association for Justice, the lead author of a book on personal injury practice in Georgia, board certification from the National Board of Trial Advocacy, and lawyers honored in Best Lawyers in America® and Georgia Super Lawyers®, State Bar of Georgia Tradition of Excellence Award, and Multi-Million Dollar Advocates Forum®.

We often become like family with our clients. In one post-pandemic case, after we obtained every dollar of available insurance for a couple seriously injured when a drunk driver rear-ended them on I-285, the clients invited us to join in a thanksgiving celebration with over 200 of their friends and family making a joyful noise in a hotel ballroom. On sadder occasions, when clients succumbed to their injuries after a long struggle, we were asked to attend funerals with their family.  Recently, we attended the 70th birthday party of a client who was relieved to have survived to that age after an injury. We prefer hugs of joy over hugs of grief, but we have experienced both.

Types of automobile accidents.

The most common setting of serious personal injuries and wrongful deaths in Atlanta, Georgia, is in car and truck accidents. Some of the common types of automobile accidents include:

• Rear end collisions
  In highway traffic that includes intermittent stops and slowing, following drivers may be inattentive or distracted, and collide with a vehicle in front. If alcohol or drugs are involved, or if the following driver is distracted by a cell phone, reaction times are further diminished. When this happens at high speed on freeways, the outcome can be catastrophic. We have represented clients in thousands of rear end collision accidents in metro Atlanta. In one recent case, we recovered $8 million in rear end collision case in which a truck driver did not slow down as he approached a line of stopped traffic at a red light.
• Side impact collision.
  Intersection collisions often involve side impact as one vehicle strikes the side of another. If the striking vehicle is traveling at high speed, it may deeply intrude into the side of the other car and may even flip it over. Depending on the physics of the specific impact, injuries may be catastrophic.
• Rollover accidents.
  When cars roll over in an accident, the potential patterns of injury multiply as bodies interact with car interiors in a multitude of ways. Seat belts may have inertial unlatching, a car roof may crush in just as a passenger’s head lurches up, and doors may spring open. We have had confidential seven-figure settlements with manufacturers where passengers in rollover crashes were killed or rendered quadriplegic or paraplegic.
• Head on collision.
  Vehicles traveling in opposite directions collide in several types of situations, all of which we have handled for clients. If a car or truck enters a freeway going the wrong direction that may produce a high-speed head-on collision. Such high energy collisions are often fatal. Sometimes a driver turns the wrong way down a one-way street. While resulting collisions may be at lower speeds than those on expressways, serious injuries may result.
• Turning collisions in intersections.
  The Rules of the Road and traffic lights govern who has the right of way at an intersection when one vehicle is turning. Eyewitness testimony and video evidence from intersection cameras and neighboring properties are often crucial in determining fault. We have long experience with such collisions.

Types of injuries in automobile accidents.

Representing clients in automobile accidents cases, we have many years of experience with a wide variety of injuries including:

• Car accident deaths.
  Often people are killed instantly in a car crash. Others may linger for hours, weeks, or even years in a severely impaired condition. In such cases, Georgia wrongful death law specifies who has the right to the lawsuit. Priorities for wrongful death recovery are a surviving spouse, surviving children, parents, and if none the representative of the estate. We have seen many situations in which we had to start by sorting out confused family relationships to determine who had the right to recovery. In Georgia, the measure of damage for wrongful death is the full value of the life, including both economic and noneconomic factors. There may also be a claim for the estate of the deceased including pain and suffering before death, medical expenses, funeral costs, and other items.
• Brain injuries.
  Whether from direct impact of the head with the interior of a vehicle in a crash, or from the brain bouncing around with the skull during a crash, traumatic brain injuries may result. These range from a mild concussion to permanently disabling conditions. We have had clients who went through long periods of brain injury rehabilitation at Shepherd, Emory and other rehabilitation hospitals.
• Spinal cord injuries
  Spinal cord injuries can lead to permanent paralysis, either quadriplegia or paraplegia. Such injuries require highly specialized treatment and rehabilitation. In Atlanta, we are blessed to have access to the Shepherd Center, the leading spinal cord and brain injury rehabilitation center in the Southeast. We have represented many client with paraplegia and quadriplegia whose grit has inspired us. One young woman who was paraplegic completed her rehab program at Shepherd, later moved to California and became Ms. Wheelchair California. A man who had a doctorate and became quadriplegic due to injuries focused on getting the technology and assistance to return to productive life; he went to teach in a college out west and write books.
• Neck and back injuries.
  While comedians may joke about whiplash injuries, if you really have it, it’s no joke. Strains and sprains to the neck and back occur most often when the neck snaps backward and forward on impact. It can take weeks or months to recover.
• Fractures.
  Auto accidents may produce a wide variety of broken bones. The most obvious are fractures to long bones such as the femur, tibia, humerus, ulna and radius, and extremely painful rib and sternum fractures. Less obvious in the beginning may be subtle fractures of the pelvis, small bones in the hands and feet, and in joints. A severe impact may cause a crushing fracture to a vertebra in the spine. Of course, if a leg and ankle fracture is so extreme that the foot flops from side to side, that is immediately obvious. We’ve handled injury cases for clients with all these types of fractures. 
• Organ damage.
  Either blunt force trauma or penetrating injuries from impact, may injure the spleen, liver, intestines, or any other organ in the body, and internal bleeding. The resulting damage may be temporary or lifelong.
• Heart damage.
  Blunt force trauma to the chest may bruise the heart, causing long term damage. The stress of an auto accident may trigger a heart attack. People with preexisting conditions and older people may be more susceptible to heart attacks, stroke, and artery dissection in weeks and months after a crash. These require prompt medical attention and expert evaluation.
• PTSD.
  Post-traumatic stress disorder is a legitimate psychological injury that may result from traumatic events, and may require professional attention. Overdiagnosis of PTSD in relatively minor crashes may cheapen the severe cases of the sort encountered among combat veterans. While we resist the temptation to claim PTSD in every wreck, if it’s real we deal with it as part of the case.

Frequently asked questions about auto accident cases.

• What is the time limit to file a personal injury lawsuit for an auto accident?
  The best rule of thumb is to get to a competent personal injury lawyer as soon as possible because the is a wide variety of rules that may come into play. It is important to gather evidence before it disappears and nail down priority if there are multiple claims. The simple, general rule is that there is a two-year statute of limitations to file a personal injury case in court. The time limit for filing a spouse’s claim for loss of consortium is four years. However, if a claim is against a state or local government, written notice of claim must be provided in proper form within twelve months. If there are criminal charges against anyone in the collision, the time may be extended until the charges are finally resolved. An experienced lawyer can guide you through the reefs and shoals of all these rules and exceptions to rules.
• How is fault determined in car accident cases?
  Sometimes it’s simple, often it’s not. If a drunk hits you in the rear, that’s usually simple. If multiple vehicles pile up in a complex construction zone, it’s often complicated. Key factors are determining how each party may have violated the standard of care, usually defined by traffic laws. If you were partially at fault but less than 50% to blame, you may still recover a proportionate portion of damages under Georgia’s comparative negligence rules. Fault and damages may be apportioned if there were multiple parties bearing some portion of the fault. Judges often scratch their heads over exactly how to apply that in specific situations.
• How will my medical bills be paid after an auto accident?
  If you have private health insurance, use it first, but ask for assurance that your doctors accept insurance for auto accident injuries. Some don’t, partly because they don’t want to testify in injury cases. We may have to reimburse the insurance company after settlement some portion of what they pay out at insurance rates, but that is generally less than paying the full “sticker price” for treatment. If your auto insurance policy includes a line item for “medical payments,” that can help. Sometimes, if an injury victim does not have applicable health or medical payments coverage, it is possible to get doctors who treat on liens and get paid at the end of the case. Note that ambulance companies typically don’t submit bills to insurance but wait to be paid in full out of a settlement at the end of a case, so it is necessary to file ambulance bills directly with your insurance company. 
• How are lawyers paid to represent auto accident injury victims?
  Lawyers representing injury victims in the United States work for a contingent fee, an agreed percentage of what you recover at the end of your case. If we don’t get money for you, we don’t get paid. Our incentives are aligned with your interests. The fee percentage can vary. We can discuss that when we evaluate your case. The initial evaluation is free.
• What are some first steps to take after an auto accident?
  
  What To Do At The Accident Scene:
  
  • Immediately turn car engine off to reduce fire risk.
  • Immediately turn on hazard flasher lights. If you are on a dark road or near the crest of a hill, put out flares and other warning signs to warn other drivers.
  • Call 911. Don’t let anyone talk you out of it. Pleasantly disregard offers to settle for immediate payment at the scene if you don’t call police. Seldom would that work out well.
  • Photograph the scene and vehicles before the cars are moved, preferably from multiple angles, and of the people involved. You don’t need to make a big production of it, but if you are able get some quick photos. They may be invaluable later.
  • If there are no major injuries and vehicles are operable, pull over to shoulder to clear traffic.
  • Stay calm. Arguing, shouting, name calling and accusations do not help.
  • Do not admit fault. Calm reflection and analysis may differ from an instinctive reflex.
  • Do not give your Social Security number. Nobody needs it. Phone number, address, driver’s license number and insurance information should suffice.
  • From the other driver’s license, copy the name, address, license number and date of birth. Write down the tag number. If a large truck is involved, also copy everything that is written on the side of the truck.
  • If you are hurt at all, don’t be a stoic hero. Even if you subjectively feel you are just shaken up, accept the offer of an ambulance ride. It is very common for symptoms to increase over the next couple of days after a wreck. Describe what you are feeling to the medical personnel in detail. They won’t know if you don’t tell them. If you are injured, go to the emergency room and and follow up with your doctor or one who to whom you are referred.
  • Do not move someone else who is injured unless absolutely necessary to prevent further injury and unless you have substantial lifesaving training.
  • When a law enforcement officer comes to the scene, be polite, respectful, courteous and calm. Give accurate and complete information in response to his or her requests. Make notes of the officer’s name, badge number, station address and phone number. Ask when and where you can get a copy of the accident report.
  • If you get a ticket, don’t argue with the officer. You may sign it to acknowledge receipt.
  • Stay at the scene until the police and other drivers leave, unless you are taken away in an ambulance.
  • Do not call a lawyer from the accident scene. It would not look good. But if there is a significant injury call us at 404-253-7862  after you have seen a doctor.
  • Talk to an experienced lawyer before you sign anything else, give a written or tape recorded statement, go to traffic court, or settle with a claims adjuster.
  • Follow your doctor’s instructions. If you aren’t getting better, go back. Let the doctor know what is truly going on.
  • Make sure a friend or family member takes a good camera to the scene and to the impound yards where the vehicles are held, and takes A LOT of pictures with a good quality digital camera.
  • Get pictures of the injured person that show the injuries, but not pictures that look phony or posed.
  • Tell your lawyer the absolute truth. If you have preexisting injuries or medical conditions, or embarrassing things in your personal history that would ultimately come to light, e.g., criminal record, you MUST tell your lawyer about it up front. We can deal with almost anything if we know about in advance. Surprises in the middle of a trial may not work out so well.

If you are a family member have been seriously injured in an auto accident anywhere in Georgia, call us at (404)253-7862.