Marietta Injury Lawyer Blog
Two I-75 crashes in Marietta were recently reported in the news by Patch. A Georgia Power bucket truck rolled over in the first crash. Two people sustained injuries in an unrelated crash. According to the news report, one person was taken to Wellstar Kennestone Hospital with life-threatening injuries.
Accidents on 1-75 are all too common, and it helps to understand the laws that may come into play. If you have been involved in a car accident, consider talking with a Marietta Personal injury lawyer to evaluate your case.
Understanding Georgia Fault Rules
Like most states, Georgia has specific laws regarding what happens when a person has played a part in causing a car accident.
About a dozen states follow a “no-fault” system, which means that a driver’s insurance covers certain losses without regard to who caused the accident.
However, Georgia has what is known as a “fault” based system. This means that the person determined to be at fault is also involved financially. In Georgia, if the person has played a portion of the fault, they bear a similar portion of the financial impact.
What Car Accident Losses Can Be Compensated in Georgia?
As part of a car insurance claim or lawsuit, you file a Georgia car accident, and you are entitled to compensation. Legally, losses are called “damages.”
The types of damages that one can be compensated for include medical treatment for injuries caused in a car accident. Damages may also be awarded for pain and suffering caused by the accident and resulting injuries. Further, damages may be awarded for lost income and other economic losses that may be a result of the accident.
How Long Do You Have to File in Georgia?
Every state determines a time limit in which people have the right to file a lawsuit. This timeframe is called a “statute of limitations.”
In Georgia, the state law for when a lawsuit can be filed is the same as the time limit for most personal injury cases. Georgia Code section 9-3-33 says, “Actions for injuries to the person shall be brought within two years after the right of action accrues.”
In simple English, you have two years to file, starting from the date of the accident. This is the same period whether you were a driver, pedestrian, motorcyclist, passenger, bicyclist, or electric scooter rider.
For cases where the lawsuit is over vehicle damage, Georgia gives you four years to get started on the legal case.
Additionally, if the car accident involved a death, and the family chooses to bring a wrongful death lawsuit, the statute of limitations is two years. This timeframe starts from the time of the victim’s death and may be different from the date of the accident.
What You Need to Know About Car Crashes in Georgia
The law can be intricate and complex. Consider if you have all the understanding of the legal landscape to stay calm, file a successful claim, and win a lawsuit.