CAR ACCIDENT

Rockmart Car Accident  Lawyer

If you’ve been in a car or truck accident in or around Rockmart, Georgia, a local attorney can be important.  That's because a local attorney is familiar with the roadways, understands the traffic patterns, and is accessible and responsive to your needs. 

 

From Nathan Dean Highway, to Cartersville Highway, to the backroads of Old Cedartown Road, accidents are inevitable.  Contact Wheale Law Firm for a free consultation.

There are approximately 4,115,462 million miles of roadway in the U.S.

-U.S. Bureau of Transportation Statistics

What to do after a Rockmart car accident?

There are some basic steps you can take after being involved in a motor vehicle collision in or around Rockmart:

  • Call 911:  Documenting the collision is important, and emergency responders can provide prompt medical care;

  • Seek Medical Treatment:  Whether in an ER, urgent care, or with your primary care physician, immediate medical care should be a top priority to document your condition and identify all injuries.

  • Preserve Evidence:  In short, this means take pictures of your injuries; pictures of the property damage; and pictures of the scene, if possible and practical. And, avoid posting anything on social media and do not delete any social media posts.

  • Consult with an Attorney:  Call a car accident attorney to discuss the facts of your case.  If nothing else, the attorney may be able to identify potential issues for you to address, individually. 

  • Contact Your Insurance Carrier:  Insurance policies usually have strict notice requirements, so it's important your insurance carriers are notified timely.

In Georgia, a personal injury victim usually has two years from the date of the injury to file the case in Court.  So, it’s important to consult with an attorney as soon as possible

How Wheale Law Firm can help with your Rockmart car accident.

Wheale Law Firm focuses exclusively on car accident, catastrophic injury, and wrongful death cases.  There are several reasons why we stand apart:

  • Small Case Loads

  • Proven Results

  • Unique and Focused Experience 

  • Local

  • Superior Communication and Accessibility

After a collision, you should be focusing on your health.  Let us handle the rest.  Some things we handle to protect your rights include:

  • Investigation: Obtaining police report, speaking with witnesses and investigating officer, identifying and researching all potential defendant(s).

  • Obtaining Evidence:  Taking witness statements, requesting public records (i.e. E911 records, citation dispositions, etc.), obtaining your certified medical records and bills.

  • Medical Treatment:  Assisting you with obtaining medical treatment you need, especially if you lack health insurance.

  • Insurance:  Identify the insurance carriers, obtaining insurance information, keeping track of specific insurance information (claim number, adjuster contact, etc.), and responding to daily telephone calls.

  • Legal Issues:  Identifying the specific legal issues for your case researching these issues.

  • Legal Documents: Drafting demand letters for pre-suit settlement.  If that fails, researching, drafting and filing all legal documents involved in litigation.

  • Experts: Identifying likely experts (i.e. accident reconstructionists, roadway engineers, etc.), consulting with these experts, and preparing them for trial.

  • Liens and Subrogation:  Managing your medical and health insurance liens

How much does Wheale Law Firm cost?

There are no upfront costs or retainer.  Wheale Law Firm’s car and truck accident attorney works strictly on a contingency fee.  The contingency fee is a portion of the final settlement or resolution value.

This means, your attorney only collects a fee after your case has been successfully resolved.  Stated another way, if your case does not resolve for one reason or another, you owe nothing.  This way, our attorney takes on the risk of your case and is motivated to see it through to maximum compensation.

What compensation may be available for my Rockmart car accident?

If you were injured in a car accident, you may be entitled to several types of compensation, depending on your injuries.  These include:

  • Medical expense (past and future);

  • Lost wages (past and future);

  • Pain and suffering;

  • Disability (temporary or permanent);

  • Disfigurement;

  • Emotional distress;

  • Loss of enjoyment of life.

In addition, your spouse may be entitled compensation for their loss of consortium as a result of your injuries.  

High-risk car accident locations in Rockmart

Between 2015-2019, Rockmart drivers experienced over 886 motor vehicle collisions.  And, in between 2013-2018, it's estimated that Polk County experienced nearly 6,000 motor vehicle collisions of one variety or another.  Rockmart has a few places that are particularly at higher risk for a motor vehicle collision, including:

  • Highway 278 (also known as Nathan Dean Parkway, Cedartown Highway, and Rockmart Highway)

  • Highway 113 (also known as Cartersville Highway)

  • Intersection of Highways 101 and 278 (near Bojangles)

  • Intersection of Highways 278 and 113 (near Wal-Mart)

  • Blind Curve on E. Elm Street (at the Post Office)

  • Awkward Intersection of W. Elm Street and Church Street

Contact Wheale Law Firm for a free case consultation

For a free case consultation, give Wheale Law a call at 678-580-8936 or send an email.  No Commitments.

Unlike most attorneys, Patrick J. Wheale handles personal injury cases exclusively, specializing in helping injured victims.

Wheale Law provides legal services exclusively on a contingent fee basis.  In other words, you pay no upfront costs.  Wheale Law only collects attorney's fees if your case successfully resolves. 

RECENT CASE RESULTS

Confidential $X,XXX,XXX

______

Truck Accident Settlement

In 2020, Wheale Law Firm was brought on to assist an attorney with the complex legal issues of tractor trailer collision case.  Due to this work, one of the clients recently  settled for a confidential seven figure settlement.

Confidential $XXX,XXX

______

Commercial Motor Vehicle Settlement

In 2020, Wheale Law Firm was associated on a case to help unravel complicated issues for an on-the-job driver who caused this collision with our client.  On the eve of trial, the defendants agreed to a confidential settlement.

$150,000

______

Rear-End Collision Settlement

In 2020, Wheale Law Firm assisted its client in a minor damage, rear-end collision.  Client had neck and back injuries that persisted.  Maximum insurance paid out during litigation.

Types of Car and Truck Accidents

There are several types of car accidents that Wheale Law Firm has experience handling, including: 

  • Tractor Trailor Collisions

  • Drunk Driving Accidents

  • Motorcycle Accidents

  • Bicycle Accidents

  • Pedestrian Collisions

  • Uber and Lyft Accidents

  • Work Zone Accidents

  • Chain Reaction Collisions

  • Rear-End Collisions

  • Failure to Yield Accidents

  • Head-On Collisions

  • Hit and Run Accidents

  • Rollover Accidents

  • Side Impact Collisions

  • Teen Driver Car Accidents

  • Elderly-Related Accidents

  • Uninsured/Underinsured Car Accidents

  • Parking Lot Accidents

  • Rental Car Accidents

Causes of Car and Truck Accidents

Car accidents can be caused by various reasons.  A seasoned car accident attorney will know how to investigate each of these potential causes, including:

  • Distracted Driving:  Distracted driving is usually the result of texting or internet surfing on a mobile device, adjusting the radio or bluetooth, or engaging a passenger rather than watching the road.

  • Drunk or Impaired Driving:  Impaired driving can also include the use of prescription or narcotic drugs in an amount and a way that impairs the driver's senses.

  • Fatigued Drivers:  Drivers who are tired are more prone to collisions.  This is often seen by overworked truck drivers.

  • Aggressive Driving:  Aggressive driving due to being in a hurry or as a result of road rage frequently results in unnecessary car accidents.

  • Dangerous Road Conditions:  Defective engineering in the roadway, such as insufficient rain runoff, or improperly maintained roadways have been known to cause collisions.

  • Mechanical Malfunctions / Defective Car Parts:  When car parts malfunctions, the results can be disastrous.  This can include stuck gas pedals, defective brakes, or inexplicable tire separation.

Potential Sources of Compensation

At its heart, an injured victim's compensation will depend on the insurance availability.  The type of collision, the availability of insurance, and the potential defendants will all influence the compensation available.  Potential sources of liability and/or compensation include:

  • The At-Fault Driver:  The at-fault driver's insurance is the most obvious source of compensation.

  • Resident Relative:  If the at-fault driver's insurance is insufficient to cover your damages, Georgia law allows a resident relative's insurance to also provide coverage in some circumstances.

  • At-Fault Driver's Employer:  If the at-fault driver was in the course and scope of employment at the time of the collision, his employer may be held responsible uner their insurance policy.

  • Governmental Entities:  For defective roadways that cause collisions, the governmental entity responsible for building and maintaining the roadway - as well as their private contractors - may be held responsible in limited circumstances.

  • Car Mechanics:  Poorly maintained and serviced vehicles that cause a collision can provide another source of coverage, such as through the repair shop's insurance.

  • Vehicle Manufacturer:  In rarer cases, when the collision is caused by a defective motor vehicle component part, the vehicle manufacturer can be held responsible.

  • Uninsured/Underinsured Motorist Insurance:  When there at-fault driver has no insurance or has insufficient insurance, your own vehicle insurance may be able to fill in the gap to cover your medical expenses and damages.

  • Workers Compensation:  If you were injured by a motor vehicle collision while on the job, you can seek compensation through workers compensation.  This won't affect your right to pursue additional compensation from the at-fault driver.

Rules of the Road

A violation of any of Georgia's safety statutes - also known as the rules of the road - can result in a presumption of negligence by the at-fault driver.  This is known as negligence per se

 

An experienced car accident attorney will know these statutes and how they apply.  Some of the most frequently violated rules of the road include:

  • O.C.G.A. 40-6-253 (Drunk or Impaired Driving)

  • O.C.G.A. 40-6-49 (Following too Closely)

  • O.C.G.A. 40-6-181 (Speeding)

  • O.C.G.A. 40-6-241 (Texting While Driving)

  • O.C.G.A. 40-6-70 (Failure to Yield at an Intersection)

  • O.C.G.A. 40-6-71 (Failure to Yield When Turning Left)

  • O.C.G.A. 40-6-72 (Failure to Obey Stop/Yield Sign)

  • O.C.G.A. 40-6-73 (Failure to Yield When Entering Roadway)

  • O.C.G.A. 40-6-91 (Failing to Yield to a Pedestrian in a Crosswalk)

  • O.C.G.A. 40-6-270 (Hit and Run)

  • O.C.G.A. 40-6-390 (Reckless Driving)

  • O.C.G.A. 40-6-397 (Aggressive Driving)

Common Injuries from Car Accidents

SOver time, it becomes clear that certain types of injuries are more prevalent in motor vehicle collisions.  Experience with these types of injuries is important to effective advocacy.  Common injuries include:

  • Airbag Burns and Bruising

  • Whiplash

  • Seatbelt Bruising and Contusions

  • Closed Head Injuries (i.e. Concussions)

  • Back & Spine Injuries, including herniated discs

  • Knee and Dashboard Injuries

  • Amputation and Loss of Limb

  • Death

WHAT PEOPLE SAY

Prince Ahmed

Very Professional, Very polite, and took care of everything that was needed to be taken care of. I strongly recommend Patrick. He is the best.

Jeanette

His legal acumen, work ethic, and presentations were Outstanding! I highly recommend him for all your legal needs. He will aggressively pursue your best interests. He pulled me from the depths of despair. He literally took me from Ruin to Riches! He's definitely the tip of the spear. If you hire Mr. Wheale you will not be disappointed. Mr. Wheale Thank you for winning my case and restoring my peace of mind.

MORE FREQUENTLY ASKED QUESTIONS

Here, we try to provide more answers to frequently asked questions.  If you'd like more detailed answers, check out our Frequently Asked Questions resource to help remove some of the uncertainty you may be feeling.

What is my Rockmart attorney doing immediately after I hire him?

Immediately after you hire an attorney at Wheale Law Firm, the attorney may be doing several things: 

  1. He gathers essential information and forms from you;

  2. He sends out letters of representation (and sometimes preservation notices) to parties and other potential stakeholders in your case;

  3. He begins the investigative process by requesting records , interviewing witnesses, and performing inspections, if required and necessary;

  4. He starts calendaring important follow-up dates, organizing information in the your file, and if needed, researching novel legal issues that they may foresee for your case.

What am I expected to do after I hire a Rockmart attorney?

After hiring an attorney at Wheale Law Firm, there are a few things expected out of the client. 

 

First and foremost, you should continue to seek the treatment that your physicians recommend. 

 

You should also undertake efforts to preserve any information and records that may be relevant to your case.  This could include text messages, social media posts, pictures, clothing, or any other item that could be relevant to your case. 

 

Next, you are expected to keep the attorney updated on your treatment status and changes to your treatment. 

 

Finally, you are expected to be honest and truthful at all times, especially with your attorney.

When does a police officer's investigative file become available?

A police officer’s file only becomes available after the case has closed.  In a car accident case, this may be when any tickets issued or criminal charges asserted are resolved.  For most cases, the officer’s initial incident report is usually available immediately after it is completed. 

 

For other government investigations, such as OSHA investigation, the investigative file likely will not become available for at least four to six months.

How long does it take a Rockmart attorney to obtain medical records?

In Georgia, medical providers have thirty days to respond to a medical record request from an attorney.  In reality, many medical providers and their medical record bureaucracies can take several months to produce records.

What is a Demand Letter?

A Demand Letter is an attempt to resolve a dispute by demanding that the offending party’s insurance company compensate an injured party within a certain period of time.  It is a formal letter, sent via certified mail, and it is usually supported by exhibits and other documents that proves the injured party’s position. 

 

The offending party’s insurance adjuster has a certain time period to evaluate the Demand Letter before formalizing a response to either accept or reject the demands.

How long does it take before my attorney sends a demand letter?

A demand letter likely will not be sent until the attorney has at least minimum records to support the demand.  This means that a demand letter likely will not be sent until the attorney has a copy of the police report and your medical records and bills. 

 

Other records that could support a demand letter include lost wage information, photographs, E911 records, ticket/criminal disposition of the at-fault party, and similar records.

How do I handle my property damage claim?

There are several basic steps to open and pursue a property damage claim.   If you hire a Wheale Law Firm lawyer, he will assist you with this process.

 

First, report the claim to both your insurer as well as the at-fault driver’s insurer.  Provide both insurers a copy of the police report as soon as possible.  Keep track of the claim number and adjuster’s contact information – you will need these often. 

 

Coordinate a day and time for the adjuster to appraise the damage, whether it be through an appraiser or with a local mechanic.  For personal property, be prepared to provide proof of ownership and damage, such as to a cell phone. 

 

Once the adjuster provides you a repair/replacement estimate, you can finalize your settlement.  The insurance adjuster may send you a check directly or to the auto mechanic.  You will also be required to sign a settlement release for the property damage.

Free Case Evaluation.

1.  EXCLUSIVELY PERSONAL INJURY.

2.  DEDICATION TO DETAILS.

3.  NO FEES UNLESS YOU WIN.

WHEALE LAW 

Personal Injury Attorney

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Legal work will be performed and files will be kept at the firm's office.