It is not always to avoid accidents when driving on a highway. Many accidents happen because of other drivers’ negligence or inattention. A good example is a merging accident.
These accidents are common on I-85 in Georgia and can cause serious injuries, especially if the vehicles involved are traveling fast when they collide. Compensation may be available if you are not to blame for the accident or at least less than 50% at fault.
Discuss the possibility of filing a personal injury claim with an experienced Georgia car accident attorney before contacting the other driver’s insurance company or taking legal action all by yourself.
Interstate I-85 in Georgia
I-85 is an important and busy interstate highway that runs from the Alabama border in the south west right through Georgia to South Carolina in the north east.
Part of the way through Georgia it passes right through metropolitan Atlanta where as the Downtown Connector it becomes a 12 to 14 lane freeway, part of which is tolled to speed up the flow of traffic and relieve congestion.
Like many other interstates, I-85 parallels an older and smaller US or state route or much of its path through Georgia. From Alabama up to Atlanta, it is US 29 which runs close by.
When the number of lanes change frequently over a relatively short length of highway as happens on I-85 it is inevitable that merging must take place. Inattentive, distracted or fatigued drivers may then make mistakes and end up causing merging accidents.
What to Do If Hit While Merging On I-85
It is important to be aware of Georgia’s unique rules as they apply to personal injury lawsuits. The statute of limitations, i.e. the time limit on submitting a formal claim against a private driver, is 2 years from the date of the injury. In practice, it is preferable to submit a claim well before this time limit expires.
If you have been hit by a state or city government employee while working, you may have to submit a notice of claim to the department or agency involved first, before being able to submit a personal injury claim.
Also note that Georgia has a modified comparative negligence rule. This means that if you were partly to blame for the accident that caused your injuries you may still be able to obtain compensation in proportion to the percentage fault of each party involved.
However, no compensation can be obtained if it is determined that you were more than 50% to blame for the accident.
Evidence to Gather If Hit While Merging On I-85
You will not win a personal injury claim unless the evidence available supports your contention that your injuries were caused by another driver’s negligence on the highway. The sort of evidence that will prove useful includes as much as possible of the following:
- Copy of police report compiled at the crash scene;
- Witness statements made orally or in writing;
- Photographic evidence of damage to your vehicle and your injuries if possible;
- Statements from a doctor or medical personnel detailing the injuries and how you got them;
- All invoices which you have had to pay because of your injuries;
- Evidence from work showing how much you may have lost because you were unable to go back to work while receiving treatment or recovering.
Hire a Personal Injury Attorney
Most personal injury attorneys are happy to provide a free initial consultation so that you can discuss the accident and possible personal injury claim.
If the attorney thinks that you have a reasonable chance of success and takes on the case on your behalf, it is common to defer any legal fees until after a successful resolution of the claim. An experienced attorney will have had the advantage of dealing with many cases like yours before.
