The Most Common Misconceptions About Car Accidents

Driving a vehicle is the most dangerous activity most people engage in daily. It’s no surprise, then, that motor vehicle accidents are among the most common causes of injuries in Georgia. However, despite their prevalence, misconceptions about car accidents abound. For example, many assume that their insurance companies will “take care of everything” — a misconception that can result in real consequences. Given that most Georgians will be involved in a car accident at some point in their lives, it’s important to understand how such accidents — and the personal injury lawsuits that follow — work in the real world. Here, our Tifton car accident attorneys break down some of the most common car accident misconceptions.

I Don’t Need Medical Treatment if the Accident Was Minor

One of the most damaging misconceptions about car accidents is the assumption that “minor” injuries do not require medical attention. In reality, many car accident-related injuries do not present symptoms immediately after the accident. Rather, they appear only days or weeks later and can become serious injuries. This misconception is damaging because insurance companies often scrutinize delayed medical treatment. If an injured person waits too long to seek medical treatment, insurance may argue that the injury is unrelated to the accident, the condition was preexisting, or the injury is not serious. Prompt medical treatment thus establishes documentation linking the injuries to the crash.

Insurance Companies Will Offer a Fair Settlement

Many car accident victims assume that insurance companies are neutral parties that attempt to resolve claims fairly. The truth is that insurance companies are profit-motivated businesses; it is in their interest to pay out as little as possible. After an accident, insurance companies may engage in behavior that can harm accident victims, such as:

Requesting recorded statements that can later be used against the claimant
Push for quick settlements before injuries are fully diagnosed
Dispute the necessity of medical treatment
Argue that the injuries are exaggerated
Attempt to shift blame onto the claimant

Once a settlement offer is signed, additional compensation usually is unavailable. That’s why it’s so important to work with a Tifton car accident attorney who understands how insurance companies operate and knows how to obtain fair settlements.

You Can File a Lawsuit Any Time

Many car accident victims assume that they can file suit at any time once they realize that they have a claim. In fact, Georgia imposes strict deadlines on personal injury lawsuits. Under O.C.G.A. § 9-3-33, car accident claims for personal injuries generally must be filed within two years from the date of the accident. Readers should also note that ongoing settlement negotiations do not stop the clock on the statute of limitations. Assuming otherwise can be an extremely costly mistake.

I Was Partially at Fault for the Accident, So I Can’t Obtain Compensation

While this assumption may seem reasonable, it is untrue (at least to some extent). Georgia follows a comparative negligence system in which an injured party may still recover damages as long as they were less than 50% at fault for the accident. However, the partially at-fault driver’s damages will be reduced by the percentage to which they were responsible. The comparative negligence rule becomes especially important in certain types of car accidents, such as:

Lane-change disputes
Multi-vehicle collisions
Distracted driving allegations

If you think you were partially responsible for your accident, you should contact a Tifton car accident attorney who can help you demonstrate that your fault was less than the statutory maximum allowed for recovery.

The Police Report Determines Who Wins the Case

Post-accident police reports are indeed authoritative, but they are by no means conclusive. Officers usually arrive after collisions have occurred, so their reports are based on driver statements, witness accounts, and physical observations. In many cases, evidence that arises later can paint a more complete picture of how the accident occurred. Additional evidence may include, for example:

Traffic camera footage
Surveillance videos
Cell phone records
Accident reconstruction analysis
Medical evidence

A police officer’s opinion of fault does not automatically decide personal injury lawsuits — courts and juries do.

I Don’t Have a Case if the Other Driver Wasn’t Ticketed

Being issued a ticket is strong evidence of wrongdoing (e.g., in drunk-driving accidents), but, as with police reports, tickets are not conclusive. Police officers may decline to issue tickets for many reasons, such as conflicting witness statements, lack of clear physical evidence, or uncertainty about what occurred. However, the absence of a ticket does not mean the other driver was not negligent. To establish negligence, a plaintiff generally must prove the following four elements:

The defendant owed the plaintiff a legal duty
The defendant breached that duty
The breach was the actual and proximate cause of the injury
The plaintiff suffered damages

While tickets can certainly strengthen a claim, they are not required to establish civil liability. For more information about establishing liability in the absence of a traffic ticket, please contact a Tifton car accident attorney.

I Can Wait to Speak to an Attorney

Time is of the essence in personal injury lawsuits, and not just due to the two-year statute of limitations. Waiting too long to seek legal counsel — even if it’s within the statute of limitations — can significantly weaken a case because evidence in car accident cases disappears quickly. Over time, witness memories fade, surveillance footage may be deleted, physical evidence may be lost, and vehicle damage may be repaired. Early involvement of legal counsel can help preserve this evidence. This is especially true in more complex accident cases, such as those involving commercial vehicles, rideshare companies, and government employees.

Preserve Your Rights by Working With a Tifton Car Accident Attorney

If you’ve been injured in a car accident, you should act quickly to obtain legal counsel to strengthen your claim and avoid making costly mistakes. To get started, please contact a Tifton car accident attorney at the Hudson Injury Firm by calling 229-396-5848 or using our online form.