Car Accident In Atlanta

Legal Steps After a Car Accident

If you are involved in a car accident in Atlanta, you are required by law to take specific actions to ensure compliance with state traffic regulations and to protect your legal position. The following steps are grounded in statutory authority and administrative requirements applicable throughout Georgia.

  1. Stop Immediately and Provide Assistance

    Under O.C.G.A. §40-6-270, all drivers involved in a collision must stop at or near the scene without obstructing traffic unnecessarily. Drivers are required to provide name, address, registration, and driver’s license information to other parties involved. Failure to do so may result in criminal charges.

  2. Notify Law Enforcement

    Call 911 if there are injuries, fatalities, or if property damage exceeds $500. An officer will file a formal accident report, which becomes an essential record for any insurance or legal proceedings. Georgia law mandates the involvement of law enforcement under these conditions.

  3. Secure the Official Accident Report

    Crash reports involving the Georgia State Patrol can be requested via an Open Records Request through the Georgia Department of Public Safety. For municipal or county jurisdictions, reports may be available through the local police department or at buycrash.com. These reports are generally accessible within three business days.

  4. Document the Scene

    Photograph all vehicles, visible damage, license plates, road conditions, signage, and injuries. Record names and contact information of all drivers, passengers, and witnesses. Scene documentation is often vital in establishing liability.

  5. Seek Medical Attention

    Obtain a medical evaluation immediately following the collision, even if no symptoms are present. Some injuries are not immediately apparent, and prompt medical documentation may be necessary to support car accident injury claims.

  6. Report to Your Insurance Carrier

    Notify your insurer as soon as practical. Under Georgia law, insurers are required to respond to claims within 15 days of receiving proof of loss and must pay valid claims within 10 days thereafter (Ga. Comp. R. & Regs. r. 120-2-52).

  7. Understand Liability and Fault

    Georgia follows a modified comparative negligence model. A claimant found more than 50% at fault cannot recover damages. Apportionment of fault impacts claim valuation and settlement options. Do not speculate or admit fault at the scene.

  8. Track Statutes of Limitation

    Personal injury claims must be filed within two years of the accident date (O.C.G.A. §9-3-33). Property damage claims must be brought within four years (O.C.G.A. §9-3-32). Claims involving government entities require a notice of claim within six months (municipal) or one year (state).

  9. Preserve Documentation

    Retain medical records, repair estimates, crash reports, photographs, and correspondence with insurers. These materials are essential to prove liability and damages.

  10. Know When to Involve an Attorney

    In complex or severe cases, or when liability is disputed, legal representation is recommended. An experienced car accident lawyer in Atlanta can assist in evidence preservation, insurance negotiations, and litigation where necessary.