Advocating for you when a negligent driver causes personal injuries
The National Transportation Safety Board reports that car accidents occur every 10 seconds in the United States, resulting in more than 40,000 deaths per year. In fact, the most common type of personal injury is from an auto accident. The number of potential distractions on the road has been on a steady rise for some time now, and it is not surprising that most car crashes occur when drivers fail to focus exclusively on driving. An auto accident attorney at Nicholson Phillips in Marietta, GA can investigate the unique circumstances of your accident. We are well-prepared to help you obtain the compensation to which you are entitled for your car accident injury.
Causes of auto accidents
In Canton, Marietta, Cartersville and throughout the rest of North Georgia, negligent driving is the leading cause of car accidents and subsequent injuries. The following behaviors and circumstances can greatly increase the risk of all types of collisions on the road:
- Distracted driving
- Drunk driving or driving while under the influence of drugs
- Speeding or reckless driving
- Debris on roads, which can cause tire blowouts
- Fatigued driving
- Talking on a mobile phone or texting while driving
- Eating or drinking while driving
Inattentive driving is hazardous behavior. When a driver operates a vehicle carelessly, it presents a danger to everyone in the vicinity. Drivers who cause accidents due to negligence are responsible for any resulting damages and may even be found grossly negligent in fatal car accidents.
When you can pursue damages for a car accident
If you suffer an injury or property damage in a car accident due to the negligent acts of one or more parties, you have the right to pursue compensation for your losses. Even if you share as much as 50 percent of the fault, you can potentially recover up to 50 percent of the expenses you incur for injuries and other losses. And if the responsible party lacks the proper insurance, you should still be able to collect damages, depending on the terms of the uninsured and underinsured motorist provisions in your own policy.
Accidental injury cases can become quite complex when two or more parties share liability for an accident in Georgia. With car accidents, you must pursue separate cases against each liable party based on the proportional share of negligence. A Marietta auto accident attorney from our firm can help you navigate the complexities of such a situation.
In every case, Nicholson Phillips provides dedicated and caring support. We have helped thousands of satisfied clients in a wide variety of personal injury cases.
When worn or defective tires cause your crash
If you were hurt in an accident caused by a tire blowout, or if your loved one was killed in such a crash, Nicholson Phillips can help you. We determine the reason for the tire failure and assist you in obtaining fair and necessary compensation for your injuries, related medical costs, property repairs or replacement, lost wages and emotional damages. For nearly 30 years, we have advocated for clients with many types of injuries, and we are well aware of the known risks of different tire brands, such as BFGoodrich, Cooper, Dunlop, Firestone, Goodyear, Hankook and Michelin.
What causes tire blowouts?
Personal injury attorneys know that tires might fail for a number of reasons, but the most common contributors to tire blowout accidents are product defects and tire wear. The Nicholson Phillips can determine at which of the following production stages the defect occurred:
Design — The tire was designed in a way that rendered it ineffective, even when manufactured properly.
Manufacturing — The tire was not manufactured according to the design, or shoddy materials were used.
Directions — The directions for using the tire included inaccurate rotation or replacement guidelines or other misinformation.
Tire defects can cause the tires to malfunction unexpectedly, whether by exploding, separating from the tread or creating a blowout. When these types of events occur, drivers are likely to lose control of their vehicles and cause serious, even fatal accidents. Manufacturers are liable for the resulting damages.
When tire wear is the cause of the accident, it may be the fault of an entity, such as a trucking company, or a person, such as the car or truck driver. If a trucking company fails to perform regular maintenance checks for tire wear, clear signs could be missed that a tire needs to be replaced. And if an individual driving a car or other vehicle for personal use fails to take the vehicle in for regular inspections or to replace tires as often as recommended, that person could be found negligent if a tire blowout accident occurs. Additionally, retailers and resellers who purvey tires that are too old — essentially expired — or too worn to be safe could also be found liable.
A fierce advocate when a drunk driver is responsible for your injury
Drunk driving, also known as driving under the influence or DUI, is a serious offense leading to motor vehicle accidents and subsequent injuries every day. In Georgia, 323 deaths caused by drunk drivers in 2011 accounted for more than one-quarter of all auto crash fatalities in the state. At Nicholson Phillips, we’ve represented injury victims, including those whose accidents resulted from drunk driving, for nearly 30 years. We know how to fight aggressively to help our clients obtain rightful compensation after an act of gross negligence leaves them or their loved ones seriously injured, and we’re well-prepared to advocate for you.
Drunk driving as a criminal offense and how it affects your case
In Georgia, even a first-time drunk driving conviction carries misdemeanor penalties, including fines, mandatory jail time, community service, probation, license suspension and a court-ordered drug- or alcohol-abuse class. In second and third offenses or in cases of vehicular homicide due to drunk driving, the penalties become much more severe. But criminal court charges have little to do with the compensation you might receive from the injuries you sustain.
When accidents caused by drunk driving cause injuries, the victims have the right to file civil court claims for medical care, property damage, lost wages, and physical and emotional pain and suffering. With help from a trusted auto accident lawyer, you can seek compensation from the drunk driver and the insurance company. In fact, because a drunk driver can be found not guilty in a criminal court but still negligent due to speeding or other recklessness, the insurance company is often left bearing the brunt of the personal injury costs. Insurers are notorious for trying to get out of paying what they owe, even if it means using bad faith practices. Therefore, it is crucial that the lawyer you choose to represent you in North Georgia understands how to provide protection from insurance tactics that would otherwise leave you with less than you deserve after sustaining an injury in a drunk driving accident.