Roswell Car Accident? 3 Myths That Could Cost You

Navigating the aftermath of a car accident in Georgia, especially near Roswell on I-75, can feel overwhelming, and unfortunately, misinformation abounds. Are you sure you know the right steps to protect your rights?

## Myth #1: If the police report says the accident was my fault, I have no legal recourse.

This is a dangerous misconception. While a police report carries significant weight, it’s not the final word in determining liability after a car accident. Often, police officers arrive after the fact and must piece together what happened based on witness statements and visible evidence. Their opinion is just that—an opinion.

For example, I had a client last year whose police report initially placed blame on her after a collision on Holcomb Bridge Road near the GA-400 interchange. However, after we conducted a thorough investigation, including obtaining surveillance footage from a nearby business and interviewing additional witnesses, we were able to prove the other driver was speeding and ran a red light. The police report was amended, and we secured a favorable settlement for my client. The key is to gather all available evidence and consult with an attorney who can advocate for your rights, regardless of the initial police assessment. You shouldn’t rely on the police report alone.

## Myth #2: I don’t need to see a doctor unless I feel immediate pain after a car accident in Roswell.

This is a common and costly mistake. Adrenaline and shock can mask injuries immediately following a car accident. Some injuries, like whiplash or concussions, may not manifest symptoms for hours or even days. Waiting too long to seek medical attention can not only jeopardize your health but also weaken your legal claim.

A delay in treatment creates doubt. Insurance companies are quick to argue that your injuries were pre-existing or caused by something else entirely. As a rule, I strongly recommend that you seek medical evaluation within 24-48 hours of an accident, even if you feel “fine.” Documenting your condition early on provides crucial support for any potential claim. Remember to tell the medical staff that you were recently in an accident, even if you feel okay. For more information, see our article on why you shouldn’t downplay your pain.

## Myth #3: Georgia is a “no-fault” state, so it doesn’t matter who caused the car accident.

Georgia is an “at-fault” state. This means that the person responsible for causing the car accident is also responsible for paying for the resulting damages. These damages can include medical bills, lost wages, property damage, and pain and suffering.

In “no-fault” states, drivers typically turn to their own insurance companies first, regardless of who caused the accident. But in Georgia, you have the right to pursue a claim against the at-fault driver’s insurance company. This is a significant advantage because it allows you to recover full compensation for your losses, rather than being limited to what your own insurance policy covers. Of course, if the at-fault driver is uninsured or underinsured, your own policy’s uninsured/underinsured motorist coverage becomes relevant. To prepare yourself, read about being ready for uninsured drivers.

## Myth #4: I can handle the insurance claim myself and save money on attorney fees.

While it might seem tempting to negotiate directly with the insurance company after a car accident, especially if it seems straightforward, this can be a risky proposition. Insurance companies are businesses, and their goal is to minimize payouts. They may offer you a quick settlement that is far less than what you are actually entitled to. Here’s what nobody tells you: these initial offers are always low.

An experienced attorney understands the nuances of Georgia law, including relevant statutes like O.C.G.A. § 33-7-11, which addresses uninsured motorist coverage. We can accurately assess the full value of your claim, negotiate effectively with the insurance company, and, if necessary, take your case to trial. The Fulton County Superior Court is where many of these cases end up. Studies show that individuals represented by attorneys often receive significantly higher settlements than those who attempt to handle claims on their own. If you live in Marietta, you need to choose your lawyer wisely.

## Myth #5: Once I accept a settlement from the insurance company, I can still pursue additional compensation if my injuries worsen.

This is generally false. When you accept a settlement, you typically sign a release that waives your right to pursue any further claims related to the car accident. This means that if your injuries worsen down the road, or if you discover new injuries that were not initially apparent, you will likely be barred from seeking additional compensation.

That’s why it’s crucial to fully understand the extent of your injuries and potential long-term consequences before accepting any settlement offer. I recall a case where a client, after a rear-end collision on GA-400 near North Springs, accepted a settlement for his immediate medical bills and vehicle repairs. A few months later, he began experiencing severe back pain, which required surgery. Because he had already signed a release, he was unable to recover compensation for his additional medical expenses and lost wages. Don’t make the same mistake.

## Myth #6: If I was partially at fault for the car accident, I can’t recover any damages.

Georgia follows a modified comparative negligence rule. This means that you can recover damages even if you were partially at fault for the car accident, as long as your percentage of fault is less than 50%. However, your recovery will be reduced by your percentage of fault.

For example, if you were awarded $100,000 in damages but were found to be 20% at fault, you would receive $80,000. If you were found to be 50% or more at fault, you would recover nothing. This is why it’s important to have an attorney thoroughly investigate the accident and build a strong case to minimize your potential fault.

It is crucial to remember that the other driver may claim you were at fault, even if you don’t believe you were.

Seeking legal advice promptly after a car accident in Roswell, GA is crucial. Don’t let misinformation jeopardize your ability to recover the compensation you deserve.

Don’t rely on assumptions after a car accident near Roswell, Georgia, especially if it happened on I-75. Consult with a qualified attorney to understand your rights and options. Taking the right legal steps early on can make all the difference in securing the compensation you deserve.