If you’re injured as a passenger in a car accident in Georgia, it’s important to know that you have legal rights, and you are not automatically responsible for the crash. We often represent individuals who were simply in the wrong place at the wrong time. As passengers, you may suffer significant injuries, but unlike the drivers, you’re rarely at fault. That means you may have a strong claim for compensation against one or both drivers involved, depending on the facts. Understanding how Georgia law treats passenger injury claims is key to protecting your health, your financial future, and in many cases, your business or personal assets.
Under Georgia law, injured passengers can file claims under the at-fault driver’s liability insurance. Georgia follows a fault-based system, which means the party responsible for causing the accident is also responsible for paying for the damages. This includes medical bills, lost income, and pain and suffering. According to O.C.G.A. § 51-1-6, when someone violates a legal duty and causes harm, the injured person has the right to seek damages. As attorneys, we carefully assess the liability of all drivers involved, review police reports, medical documentation, and witness statements to determine how to proceed with your case. We may pursue a claim against the driver of the car you were in, the driver of another vehicle, or both, depending on who caused the crash.
It’s also important to understand how Georgia’s modified comparative fault rule applies. Under O.C.G.A. § 51-12-33, if you were found to be partially at fault, your compensation would be reduced by your percentage of fault. However, as a passenger, this usually doesn’t apply unless you did something to contribute to the crash, such as distracting the driver or encouraging reckless behavior. We build our case to make sure your involvement as a passenger is clearly documented as innocent.
We advise clients to seek medical attention right away, even if the injuries don’t seem severe at first. Some conditions, like internal bleeding or soft tissue injuries, may take hours or days to fully appear. Delays in treatment can make it harder to prove your injuries were caused by the crash. We also help preserve vital evidence early on, such as photographs, medical records, and insurance information from all involved drivers. This step strengthens your claim and protects you from being denied compensation due to insufficient documentation.
Yes. In Georgia, injured passengers have the right to bring a claim against the at-fault driver, even if that person was your friend, relative, or spouse. The claim is typically handled by the driver’s insurance, not the individual directly. We understand the sensitive nature of suing someone you know, and we handle these cases with care, aiming to recover compensation without straining personal relationships.
You may be entitled to recover for your medical expenses, lost wages, pain and suffering, emotional distress, and any long-term care needs. If your injuries interfere with your ability to run your business or earn a living, we will pursue damages for future loss of earning capacity as well. We work closely with medical providers and financial professionals to calculate the full value of your claim.
Yes. If both drivers share fault, you may be able to recover damages from both parties. Georgia allows injured passengers to file claims against multiple insurers when liability is shared. We examine all facts, including police reports and insurance records, to determine how responsibility is divided and pursue all available sources of compensation.
Yes. While your health insurance may initially cover treatment, you are still entitled to be reimbursed for all out-of-pocket costs, deductibles, co-pays, and future care needs. Filing a personal injury claim ensures the party responsible is held accountable and that your financial losses are fully addressed, not just your medical bills.
Yes. The statute of limitations in Georgia for personal injury claims is two years from the date of the accident, under O.C.G.A. § 9-3-33. If you wait too long, you may lose the right to pursue your claim. It’s best to begin the legal process as soon as possible to allow time for investigation, evidence collection, and negotiations.
Although you are filing a claim that may list your friend or family member as a defendant, the claim is usually handled through their auto insurance policy. This allows you to recover compensation without directly pursuing their personal assets. We handle these cases with discretion and professionalism, understanding the importance of preserving relationships.
At Shani O. Brooks P.C., we know how a serious car accident can interrupt your life, impact your career, and place your small business or household finances at risk. If you’ve been injured as a passenger in a Georgia crash, our team is here to help you recover what you’re owed.
We represent clients across Georgia from our Atlanta office and are ready to review your case and guide you every step of the way. Contact our Atlanta car accident lawyer at Shani O. Brooks P.C. Attorneys at Law by calling 404-920-4736 to receive your free consultation.