Atlanta Wrong Way Accident Lawyer

Wrong-way driving accidents represent some of the most terrifying and destructive collisions on Georgia’s busy roads. These incidents could create immense physical, emotional, and financial devastation for victims and their families. Data indicates that these horrific crashes may be increasing in frequency, showcasing the urgent need for awareness and effective legal recourse for those injured in wrong-way accidents.

If you or a loved one has been impacted by a wrong-way driver in Georgia, call 404-975-1775 to learn about your legal options. The path to recovery and justice can be complex, involving intricate state laws, challenging fault determinations, and difficult negotiations with insurance companies. At Merritt & Merritt Law Firm, we have been serving Georgia since 1973. We possess the experience and dedication necessary to navigate these challenging cases and fight for the compensation you deserve. Call us today for a free consultation at 404-975-1775. 

The Devastating Reality of Wrong-Way Collisions

The devastation from wrong-way crashes can be particularly brutal. When two vehicles traveling in opposite directions collide, the forces involved are exponentially higher than in many other types of accidents. Because of this, wrong-way crashes have a disproportionately high fatality rate compared to other types of accidents.National statistics suggest that while only about one percent of typical car accidents result in death, approximately 20 percent of wrong-way crashes are fatal. In Georgia, fatalities from wrong-way crashes in the metro Atlanta area more than doubled between 2013 and 2022, and some analyses suggest wrong-way crash deaths in Georgia have nearly tripled since 2013.

Although there can be many injuries caused by wrong-way crashes, some common injuries include:

• Traumatic Brain Injuries (TBI)
• Spinal cord injuries resulting in paralysis
• Severe internal organ damage and internal bleeding
• Multiple complex fractures
• Severe burns
• Permanent disfigurement and scarring

Why Wrong-Way Crashes Happen in Georgia

Understanding the causes of wrong-way driving is crucial for prevention and for establishing liability in legal claims. While there could be a multitude of reasons causing a driver to cause a crash by driving the wrong way, there are some instances that seem more common than others.

• Impaired Driving (DUI): This is overwhelmingly the most significant factor to wrong-way driving accidents. Studies suggest alcohol impairment is involved in as many as 60% of wrong-way collisions nationally. Drivers under the influence of alcohol or drugs suffer from impaired judgment, slowed reaction times, and disorientation, making them far more likely to enter roadways incorrectly, especially exit ramps or divided highways.
• Driver Confusion: Elderly drivers experiencing cognitive decline or individuals suffering from medical emergencies (like strokes or seizures) can become disoriented and inadvertently drive against traffic. Unfamiliarity with an area’s traffic patterns can also lead to mistakes such as driving the wrong way on a road.
• Distracted Driving: While often associated with failing to react in time, distracted driving can also cause drivers to miss crucial “Wrong Way” or “Do Not Enter” signs, or drift across lanes into oncoming traffic. Distracted driving was linked to over half of all Georgia crashes in 2022, many of which were wrong-way collisions.
• Driver Fatigue: Extreme tiredness can impair driving ability similarly to alcohol, slowing reaction times and reducing awareness, which could cause someone to drive the wrong way down a road.
• Poor Road Design or Signage: In some instances, inadequate signage, confusing interchange designs, poor lighting, or missing lane markings can contribute to a driver mistakenly entering a road in the wrong direction. While GDOT maintains many roads are statistically safe despite older designs, design flaws could still be a contributing factor.
• Time of Day/Location: Many wrong-way crashes occur at night when visibility is reduced, and on high-speed highways or interstates.

Georgia Laws Governing Wrong-Way Driving

Georgia law explicitly mandates how vehicles must operate on roadways to prevent these types of accidents. Driving on the wrong side of the road is a clear traffic violation that substantially increases the chance of causing an accident. Under Georgia law, the violation of a traffic safety statute like those governing the correct direction of travel can constitute negligence per se, which means just the act of driving the wrong way in itself is considered negligent as a matter of law. While this can significantly strengthen a claim against the wrong-way driver, proving causation and damages is still necessary.

Establishing Fault: The Core of Your Claim

To recover compensation in a Georgia personal injury case, you must prove that the other party was negligent and that their negligence caused your injuries and damages. Proving negligence involves four key elements:

1. Duty of Care: Every driver on the roadway in Georgia has a legal duty to operate their vehicle safely and follow traffic laws to avoid harming others. This includes the duty to drive on the correct side of the road.
2. Breach of Duty: The driver violated their duty of care. In the instance of an accident caused by a wrong-way driver, driving the wrong way is a clear breach of this duty.
3. Causation: The breach of duty (driving the wrong way) must be the direct and proximate cause of the collision and resulting injuries.
4. Damages: The victim suffered actual harm, such as physical injuries, medical expenses, lost wages, and pain and suffering.

While it might seem obvious that a wrong-way driver is at fault, proving it legally requires evidence which could include such things as:

• Police Accident Reports: These reports document the scene, vehicle positions, damage, witness information, driver statements, citations issued, and often the officer’s initial assessment of fault. While not always conclusive proof in court, they are crucial for insurance claims and legal proceedings.
• Witness Testimony: Statements from eyewitnesses who saw the crash occur can provide unbiased accounts of the wrong-way driver’s actions.
• Photographic/Video Evidence: Pictures and videos of the crash scene, vehicle damage, injuries, road conditions, and signage are powerful visual proof. Traffic camera footage or dashcam recordings can be invaluable.

Georgia’s Comparative Negligence Rule: A Potential Hurdle

Georgia follows a modified comparative negligence system which has critical implications for personal injury claims:

• The 50% Bar Rule: You can only recover damages if you are found to be less than 50% at fault for the accident. If your percentage of fault is determined to be 50% or greater, you are barred from recovering any compensation.
• Reduced Recovery: If you are found partially at fault (but less than 50%), your total damage award will be reduced by your percentage of fault. For example, if your damages total $100,000, but you are found 10% at fault, your recovery is reduced to $90,000.

Because the stakes are so high under the 50% bar rule, aggressively countering any attempts to assign fault to the victim is crucial. Merritt & Merritt Law Firm understands how insurance companies use comparative negligence arguments against you and knows how to build strong cases to demonstrate the wrong-way driver’s full or partial negligence.

Recovering Damages: What Your Claim is Worth

Victims of wrong-way accidents caused by negligence are entitled to seek compensation for the full extent of their losses. Damages in Georgia fall into several categories:

• Economic Damages: These are tangible, calculable financial losses. They can include:
  • Past and future medical expenses.
  • Lost wages and income due to inability to work.
  • Loss of future earning capacity if injuries cause permanent disability.
  • Property damage
  • Rehabilitation costs.
  • Costs for home modifications or in-home care.
• Non-Economic Damages: These compensate for intangible, subjective harms that significantly impact the victim’s quality of life. They can include:
  • Physical pain and suffering (past and future).
  • Emotional distress, mental anguish, anxiety, PTSD.
  • Loss of enjoyment of life
  • Disfigurement and permanent impairment.

Calculating non-economic damages is complex, often involving methods like multiplying economic damages by a factor based on severity or assigning a daily value to suffering. Having an experienced Atlanta wrong way accident lawyer by your side increases your chances of getting the maximum amount of compensation out of your claim.

Navigating the Complex Claim Process

Pursuing a personal injury claim after a devastating wrong-way accident can involve several steps and present multiple challenges. Some steps you should take after a wrong-way accident include:

1. Seek Immediate Medical Treatment: Health is the priority. Prompt medical care also documents injuries, linking them to the accident.
2. Report the Accident: Call 911. A police report is vital evidence.
3. Gather Initial Evidence: If possible, take photos/videos, get witness contacts.Avoid admitting fault.
4. Consult an Experienced Attorney: Contacting an Atlanta wrong way accident lawyer from Merritt & Merritt Law Firm early is crucial. They can advise on rights, investigate, preserve evidence, and handle communications. Call for your free consultation at 404-975-1775.
5. Investigation and Evidence Building: Your attorney will gather police reports, medical records, witness statements, expert opinions, and potentially vehicle data or third-party records.
6. Demand Letter and Insurance Negotiation: Once damages are assessed (often after reaching maximum medical improvement), your attorney sends a demand letter to the at-fault party’s insurer, initiating negotiations.
7. Dealing with Insurance Companies: Insurers aim to minimize payouts. They may delay, offer low settlements quickly hoping you’ll accept out of desperation, dispute fault using comparative negligence, or challenge the severity of injuries.The attorneys at Merritt & Merritt Law Firm are experienced at handling such tactics and can help you navigate them.
8. Filing a Lawsuit: If negotiations fail to produce a fair settlement, your attorney will file a lawsuit before the statute of limitations expires. In Georgia, the statute of limitations for personal injury claims is generally two years from the date of the accident. Missing this deadline means losing your right to claim any compensation for your damages.

Speak with an Atlanta Wrong Way Accident Lawyer Today

Wrong-way accident claims are among the more complex and high-stakes personal injury cases. The severity of injuries, the likelihood of fatalities leading to wrongful death claims and aggressive insurance company tactics all demand exceptional legal skill and experience.

Merritt & Merritt Law Firm brings decades of dedicated experience to help Georgia families navigate these tragedies. Our team has the resources to conduct thorough investigations, hire necessary experts like accident reconstructionists and medical professionals, and meticulously build your case. The aftermath of a wrong-way crash is overwhelming, but you don’t have to face the legal battle alone. The experienced Atlanta wrong way accident lawyer team at Merritt & Merritt Law Firm are here to help. Call us today at 404-975-1775 for a free, no-obligation consultation to discuss your case. We offer 24-hour service and can visit you at home or in the hospital.