Road hazards create a serious risk for drivers and other people in vehicles. No matter what the obstacle is in an automobile’s path, the results can be devastating. If you or someone in your family was hurt in a wreck caused by a road hazard, you should consider consulting a knowledgeable car accident lawyer at Miller Legal Services. We have helped people throughout the Marietta area and beyond pursue the compensation that they need to recover.Establishing Liability for Road Hazards
Road hazards can include a variety of obstructions, ranging from a piece of equipment falling off a truck to an animal unexpectedly running onto the road. Often, these dangerous conditions are a product of someone else’s carelessness or recklessness. If this is the case, you may be able to take legal action against the negligent party.
Determining liability in these situations can often be challenging. Someone who is hurt in an accident due to a road hazard may be able to seek compensation for his or her injuries through a negligence lawsuit. Negligence usually consists of a failure to take reasonable care in one’s actions that causes foreseeable harm to someone else. In the context of car accidents, it may be defined as acting less prudently than an ordinary person would behave when faced with a similar situation. To succeed on a negligence claim in Georgia, the injured person must establish the following elements:
- The defendant owed the victim a duty of reasonable care;
- The defendant breached that duty of care, such as by creating a road hazard;
- The breach directly caused the accident in which the victim was hurt; and
- The victim sustained quantifiable damages.
Showing damages that are reasonably certain, rather than highly speculative, is essential in a negligence case. The extent of the harm also determines the amount of compensation a victim can receive.
An individual who effectively demonstrates each element of a negligence claim may be able to recover damages that reimburse him or her for medical bills, lost wages and benefits, rehabilitation costs, pain and suffering, property damage, and any other expenses stemming from the accident. The compensation that an injured person receives can come in the form of a single lump sum, or it can be paid in installments over time.
It is important to be aware that a car accident victim in Georgia has only two years from the date of the crash to file a personal injury lawsuit. This time limit is known as the statute of limitations. Failure to take legal action within this period could mean being permanently barred from pursuing your legal claims. For this reason, it is important to seek the help of an attorney who is vigilant about timelines.Discuss Your Motor Vehicle Collision Case with a Marietta Lawyer
The dedicated motor vehicle collision attorneys at Miller Legal Services know how devastating an automobile accident can be for residents of Marietta and other communities throughout Georgia. We understand the financial, emotional, and physical toll it can take on your family and you. Miller Legal Services proudly represents clients in Roswell, Smyrna, and elsewhere in the state. Call us at 770-284-3727 or contact us online for a free, no-obligation consultation.