Car Accidents 101
Atlanta is the 10th Most Dangerous city for drivers
In March 2023, U.S. News and World Report created a list of the most dangerous cities for drivers in the U.S. Not surprisingly, Atlanta, GA was listed as #10. This report was especially interesting as it noted the impact of the COVID-19 global pandemic on driving and safety. Although 49% of those surveyed said that they were driving less than before the pandemic, the number of traffic fatalities increased both across the U.S. AND in Georgia.
The average number of vehicle miles traveled (VMT) by drivers nationwide decreased by 3% between 2019 and 2021. And in the same time period, the number of traffic fatalities increased by 19% across the U.S. and by 21% in Georgia.
TRIP (The Road Information Program), a non-profit, published a report in October 2022, which states that the fatality rate on Georgia’s rural roads are amongst the highest in the nation. Georgia’s fatality rate per 100 million VMT on rural non-Interstate roads is 2.74 (which is 4th in the nation), whereas the rate on all other roads is 1.13. By comparison’s sake, the national rate is 2.17 on rural non-Interstate roads, and 1.09 on all other roads. In 2020, Georgia had 594 fatalities on rural non-Interstate roads.
Rural roads are more likely to have narrow lanes, limited shoulders, sharp curves, exposed hazards, pavement drop-offs, steep slopes and limited clear zones along roadsides. The rural roads are also important since they provide the most direct links in the supply chain from farm to market. 4% of Georgia’s rural roads are in poor condition, and 15% are in mediocre condition. 3% of Georgia’s rural bridges were rated in “poor/structurally deficient condition.”
What do all of these statistics mean? Basically, it’s no surprise that our roads in Atlanta and Georgia as a whole are not the safest, and there’s always a good chance that Georgia drivers will be involved in traffic accidents. It is important for drivers to exercise the most caution so as to minimize their chances of getting into accidents.
Top 10 Tips Following an Accident
Top 10 Tips Following an Accident
While you may not realize it, the actions and statements you make right after an accident, before police arrive, can sometimes win or lose a lawsuit. So, compose yourself and don’t make any of the mistakes described below.
1. Don’t Leave the Scene of the Accident
- Leaving the scene without speaking to the other driver or police is the worst thing to do.
- Doing so will make you appear at fault.
- This may add to any penalties you face, including possible felony charges. This can be seen as a “Hit and Run.”
2. Don’t Admit Fault
- Avoid making any statements that could be perceived as an admission of fault.
- Simply saying you’re sorry could be seen as an admission of liability.
- Even if you feel partially at fault, an apology can be interpreted as an admission of liability to the police and the insurance company.
- Just tell the police what happened and leave it at that.
3. Document Everything
- Use your cell phone to take pictures of all vehicles involved, and the accident scene itself.
- Write down as many details as you can on paper or your phone.
- Document the names and contact info of any witnesses.
- Sometimes the smallest details can be the difference between winning and losing your case.
4. Keep Your Cool
- Accidents can make anyone emotional.
- Stay calm and don’t let your emotions lead to verbal or physical altercations that can make things worse.
- If the other driver is agitated, wait for the police to arrive before you discuss the accident.
5. Be Respectful to the Police Officer
- Give the police your full attention.
- Turn off your stereo, take off your sunglasses, put your phone down and be courteous. Try to be unemotional.
- Be patient. Sometimes it can take the police a long time to arrive.
- Tell the officer if you think the other driver was drinking or distracted.
6. Don’t Decline Medical Treatment
- Even if you don’t think you are injured, it’s always smart to be examined by a medical professional soon after an accident.
- Delaying treatment opens the door to claims (by the other side) that you were not seriously hurt.
- Declining treatment altogether can lead to a claim that you were never never hurt, especially if you later discover that you were seriously injured.
7. Take Your Personal Belongings from Your Car
- If your car is towed or if you are transported by ambulance, be sure to remove valuable possessions from your vehicle.
- If your car is towed, it can be very difficult to return to your car to retrieve your belongings.
- The next time you see your vehicle again might be a long time.
8. Don’t Post about the Accident on Social Media
- Anything you say about your accident on Facebook, Twitter, Instagram or other sites becomes public in your lawsuit.
- Any subsequent posts can be used against you.
- If you claim to be injured then post photos of yourself dancing, you don’t look injured.
- The less you say on social media, the better.
9. Don’t Talk to the Other Party’s Insurance Company Without Your Lawyer
- If possible, don’t speak to the other driver’s insurance company without first consulting a personal injury lawyer.
- Your lawyer can help you craft a statement for the other driver’s insurance company.
- Your lawyer can speak to the car insurance company on your behalf.
- Consulting a lawyer is the best way to protect your rights and avoid having to dispute a denied or undervalued claim.
10. Report the Accident to Your
Insurance Company
- Many people don’t want to report accidents to their insurance company for fear of having their rates go up.
- You need to report your accident to your insurance and file an accident claim to receive coverage.
- Failing to report your accident in a timely manner gives your insurance company legal grounds to deny your claim.
Disclaimer: Be careful you don’t indicate any degree of fault. Be honest about what happened, but keep the details general until you’ve consulted a car accident attorney.
Top 10 Tips Following an Accident
Top 10 Tips Following an Accident
While you may not realize it, the actions and statements you make right after an accident, before police arrive, can sometimes win or lose a lawsuit. So, compose yourself and don’t make any of the mistakes described below.
Disclaimer: Be careful you don’t indicate any degree of fault. Be honest about what happened, but keep the details general until you’ve consulted a car accident attorney.
TYPES OF CAR ACCIDENTS
No two car wrecks are the same. They often impact individuals and families differently. Our Georgia car accident attorneys have seen all types of car accidents, and have represented victims of all types.
Some of the most common causes of accidents are:
Aggressive driving
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Chain reaction
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Distracted driving
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DUI and drug related crashes
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Failure to yield collisions
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Head-on collisions
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Highway auto accidents
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Hit-and-run crashes
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Road rage
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Roadside accidents
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Sideswipe collisions
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Taxicab and rideshare accidents
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Teen driver car accidents
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Tire blowouts
Less common types of accidents are:
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Back over car accidents
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Construction site car crashes
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Elderly driver car accidents
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Fatal car crashes
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Manufacturing defect
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Multi-vehicle (pile-up) collisions
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Pedestrians hit by a car
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Reverse car wrecks
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Rollover car wrecks
WHY PERSONAL INJURY CASES
SHOULDN'T SETTLE QUICKLY
WHY PERSONAL INJURY CASES
SHOULDN'T SETTLE QUICKLY
1
You don’t know the full extent of your injuries. You could initially feel fine, but some injuries take days or even weeks to fully develop. This means your bills could end up being significantly higher than you first thought.
2
You only get ONE chance to settle. Even if you find out later you were more injured than you realized, once you sign a release and get a check, it’s nearly impossible to go back and get more money. This is why insurance companies want you to settle right away.
3
You might not have all the information. In some cases, it takes time for more information to come to light before a full picture of what happened in a crash is known. Traffic citations or even research into the parties involved can affect the outcome.
HOW TO READ A GEORGIA
ACCIDENT REPORT
At the scene of any accident, the police officer will provide a document which contains an accident report number, and tells you when and how you can obtain a copy of this report.
The report is the roadmap to understanding all the details of a car accident. You will want to provide the accident report number to your personal injury attorney so he or she can obtain the reports. Often, the report contains so much information, it can be overwhelming. Here, we attempt to break it down and can help make sense of your Georgia Uniform Motor Vehicle Accident Report. Also, please see this link, which provides you with an explanation of various codes listed on the report.
Page 1, Part 1
The top boxes give some basic information about the accident. The most important box is the top left, which is the report number. The next boxes list information such as date of incident, location, time, and whether or not this is the original accident report or a supplemental report. The top boxes typically are not something that gets a lot of disagreements.
Page 1, Part 2
The next section of your Georgia accident report lists all the parties involved. The information includes the following:
- Names of drivers and the owners of the vehicles
- Addresses of drivers and owners
- Phone numbers and ages of drivers
- Insurance information on vehicles
- Vehicle information (things like year, make, model, VIN, and owner’s name and information if different than the driver)
- “Removed By” explains whether a car was removed by a tow-truck driver or whether the owner was able to leave the scene, driving the vehicle.
This section will likely determine if you will be able to proceed with a personal injury claim in Georgia. Driver 1 is typically deemed the at-fault driver, no matter if tickets were issued or not. Another important section is the insurance information. This section has the insurance company name and policy number so that you or your attorney can call the company to start an auto accident claim. You will need the information in this section to properly start a claim.
Page 1, Part 3
The next section of the accident report would be the “contributing factors” — in other words, what caused the accident. Some of those might be:
- Speed of the vehicles at the time of impact
- Direction of travel
- Travel flow
- Roadway conditions
- Vehicle maneuvers (were drivers moving or stopped)
- Vision obscured (maybe by signs or roadway debris)
- Vehicle type (passenger or commercial)
- Number of occupants in the car
- Area of contact
- Damage to vehicle
The bottom section shows any citations that were issued. The investigating police officer might list the actual violation, or just the Georgia code statute that was violated. While you may not understand the statute codes (such as O.C.G.A. § 40-6-49, which is following too closely), your attorney and the insurance adjuster will. This is evidence that someone was given a citation, and clearly lists the code they violated. If no tickets were issued, this box is usually left blank, and can be used later to argue for liability.
Page 2
At the very top of the report) is a section which describes the following factors:
- Manner of Collision - Angle (rear-end, side-swipe, t-bone, etc)
- Location at Area of Impact - on the roadway, shoulder, entrance/exit ramp, gore
- Weather - clear, cloudy, rain, snow, fog, etc.
- Surface Condition - dry, wet, snow, ice/frost, mud, sand, slush, oil, etc.
- Light Condition - daylight, dusk, dawn, dark
The narrative of a Georgia motor vehicle accident report is gathered at the time of the accident when the officer asks each driver, passengers, and any witnesses what they believed happened to cause the accident. This section is basically the explanation for how the officer determined which driver was at fault and what citations will be issued. If no citations were given, this section explains how Driver 1 was found to have caused the accident, which is the language typically used to describe such labels.
The officer will also provide a diagram showing what he/she believes happened to cause the accident. The diagram helps provide a complete picture of what events actually took place and where. Your attorney may use this throughout your case to “paint a picture” of what happened. This information may also be useful in that later on in the case, your attorney will be able to request the disposition to see how the at-fault driver resolved the ticket. For instance, did the driver plead guilty or nolo contendere? This information will be important down the road as negotiations begin in your personal injury claim.
The officer will also list whether there was any property damage to the vehicle or other items.
Next you will see the information about any witnesses to the incident who spoke with the officer, and contact information.
And finally, the last section of the second page will have information on any non-driver occupants of the involved vehicles. If you were involved in a motor vehicle accident, but you were a passenger, this section is important for you. This section informs the insurance company that there were multiple people involved in an accident that may require multiple claims. If you were a passenger in Driver 1’s vehicle, you can still potentially have a personal injury claim against that driver.
The very bottom section typically has the police officer’s information and whether or not an ambulance was called to the scene. If so, it should indicate whether or not the ambulance transported anyone to a hospital and which medical facility the injured was taken to. This part is useful because you now have the police officer’s information should you need to discuss any details of the accident report. It can also be useful during a personal injury claim if your attorney needs to speak with the officer.
Here is a handy document that explains all of the codes used on a Georgia Motor Vehicle accident report. https://www.dot.ga.gov/DriveSmart/CrashReporting/overlay.pdf
FAQs
https://www.dot.ga.gov/DriveSmart/CrashReporting/overlay.pdf
The police report can indicate that the reporting officer was wearing a body cam and whether it was active at the time of arrival at the scene. This information can be very helpful in proving who was at fault for the wreck, and also would record any statements made by anyone at the scene. Basically, this is an extra set of eyes on your accident. An experienced personal injury attorney, like the ones at Wood Craig Miller, will be able to obtain that footage.