Clayton County Car Accident Lawyer

We feel that every car accident case in Clayton County deserves to receive full compensation for their accident claims.

Personal injury law is our main practice area in Clayton County and we are the law firm that will give your case the personal attention to earn you full compensation for your losses. Attorney Sam McRae's first civil jury trial involved a car accident case in the State Court of Clayton County. The outcome was a resounding success for our client that received a verdict in the amount of $97,300.

We hope to build on this success as a Clayton County car accident lawyer for all accident victims.

Clayton County car accident lawyer Sam McRae

The law offices of Attorney Sam McRae are ready to take on your Clayton County accident claim anywhere in the county including Jonesboro, Riverdale, Morrow, and the Atlanta metro. We represent accident victims, or their loved ones recover physically, financially, and emotionally from losses incurred an automobile accident. We understand first hand the trauma and disruption a car accident can cause in your life, whether in Clayton County, or anywhere in the State of Georgia.

Clayton county is one of the most populous counties in Georgia and has a high rate of car accidents

Car accidents happen everyday in Clayton County. As the sixth most populous county in the State of Georgia and containing major interstates that connect Atlanta to the the rest of the country, Clayton County is the scene of many car accidents and truck accidents including 51 auto accident fatalities in 2019. (see County Data Sheets | Georgia Governor's Office of Highway Safety (gahighwaysafety.org) for county by county statistics). 


The presence of Hartsville-Jackson Airport also means that visitors will continue to use the roadways of Clayton County at a high rate.  The presence of so many out-of-town drivers unfamiliar with the local roadways means that car wrecks will continue to happen Clayton County at a high rate. It is this reason that our Georgia car accident law firm views Clayton County as an important place for us to practice law.

How We Build a Car Accident Case for Trial

As personal injury lawyers we have an approach that has worked well for us in the past. We started our careers in criminal law and traffic law, so we are most comfortable in a courtroom to get results for our clients as opposed to generating paperwork like the insurance defense attorneys. We build our cases with the approach that one day we may have to present your car wreck case to a jury. So we investigate your case like we are going to trial.

We also know pragmatically, that you have medical bills and other expenses from the car accident. We will find all the insurance policies that you are entitled to make an accident claim on. And we pursue full compensation for all the damages you are allowed to pursue under Georgia law.

We Investigate Your Auto Accident

1. The first step is listening to your story. We want to know your perspective on the car wreck and why it happened. We will ask questions to help our understanding of the events that caused your personal injuries. We find that this conversation takes patience on our part, but Sam McRae has handled hundreds of car wreck cases and knows this conversation can be the most difficult. There are cases that we have to be blunt with our assessment of the car accident and your chances at proving your case. Yet, this conversation has yielded results for our clients in the past.  

2. We review the accident report with a degree of healthy skepticism. The police officer that created the report is often overworked and usually never witnessed the car wreck first hand. While insurance companies will take these accident reports as gospel, we often find they are the first official "best-guess" of what caused the car accident. 

Many times the accident reports are riddled with errors like the incorrect location of the accident or even who was involved. Contact information for important witnesses isn't recorded and the officer makes a two or three sentence summary without detailing his or her analysis on why the determination was made.

3. From this point we do our own investigation, we will look for photographs and videos of the accidents. Many car and tractor-trailer trucks have dash cams, but also local businesses and residences may have security cameras that we can obtain. We can also identify witnesses to interview such as emergency personal that responded to the car accident scene. 

4. We will study the damage to the vehicles and the area that the accident occurred to make a conclusion on how your accident occurred. In some cases such as truck accidents, we may even hire a professional accident reconstruction expert to review your case.

We Find the insurance Policies and Stack Coverages

1. Minimum coverage in Georgia is usually not enough to pay for medical bills. By Georgia law, drivers must only carry $25,000 per person and $50,000 per accident. With medical expenses as high as they are in this country, paying for medical treatment with this small amount available can be problematic.

For this reason, we have become experts at stacking automobile insurance policies to maximize the pool of insurance money available for your compensation.

2. The first source of insurance is the at-fault driver or drivers in cases of a multiple car accidents. But beyond that, in some cases we may have someone driving a family member's vehicle. In Georgia, insurance follows the vehicle and we will definitely get this insurance policy involved in any claim. In other cases when someone causes a car wreck while working for someone else, we can include the employer's insurance company in our claim.

3. Uninsured motorist insurance is another source of an insurance policy that we can stack on top of the other policies. This is a type of insurance that you pay for through your policy. We highly recommend that you carry the highest amount of uninsured motorist insurance allowed by Georgia law because of the high rate of motorists that have the minimum coverage. 

Once the at-fault driver's insurance has been depleted, we can draw on your own uninsured motorist policy to finish paying for your losses. There are many laws and rules when applying this type of insurance to cases but we find that this is the best way to get you full compensation for your auto accident claims.

Damages We Seek in Personal Injury Cases

1. The most common type of damages we seek to compensate you for your car accident claims is for medical bills accumulated during medical treatment for your personal injuries. This type of compensation is the most straightforward. You were injured by the negligence of another and they pay for your medical bills. Many times insurance companies will claim you weren't that hurt and your injury claims are unfounded. But we rely on the medical experts to tell us when your treatment is justified and not the opinion of an insurance adjuster.

2. Another common claim is from lost wages due to missed work related to your accident. You may be under medical orders to rest and stay home. We can prove this with a doctor's note, and then prove how much income you lost with paystubs or by comparing the lost revenue you typically would have earned during that period. Lost wage claims also make the basis for compensation during wrongful death cases when loved ones lose a household breadwinner due to an accident.

3. There is no cap on pain and suffering damages under Georgia law. This creates an ambiguous outcome in many cases on what we can ask for. Our law firm's position is that you can and should be compensated by all pain and suffering from the outcome of your auto accident including from pain suffered from your injuries to loss of enjoyment from activities you can no longer participate due to your injuries. 

4. Punitive damages are rare in Georgia but are allowed in instances of DUI cases or hit and run drivers. Also with negligent hiring practices when employers hire drivers with poor driving histories or other red flags. We always look for cases that we can pursue punitive damages in Clayton county car accident cases.

The Types of  Injury Cases We Handle as a Clayton County Car Accident Lawyer

We handle a wide variety of car and truck accident cases in Clayton County. The following are some examples.

Auto Accident Causes

With automobiles the main source of transportation for Clayton county drivers, there are almost an infinite number of causes of car accidents. We'll list a few here.

1. Negligent driving doesn't mean someone intended to cause an accident only in that they violated a duty of care to other drivers on the public roadway. These are codified in the State of Georgia laws as moving violations. Sam McRae has practiced traffic law for over a decade and is very familiar with how these moving violations work. 

Common examples of moving violations that result in car wrecks in Clayton County include Following too Closely, Failure to Yield, and Failure to Maintain Lane.

2. Multiple cars involved in the same collision is all too common in the high traffic areas around the Atlanta metro. Many accidents on the interstate involve a chain effect that causes multiple drivers to contribute to the accident. In these cases, we will investigate the cause of the accident and bring as many drivers into our claim to maximize your compensation by stacking the insurance policies. 

3. Unfortunately, even in the age of rideshare services, DUIs are a major source of serious injuries and fatalities in Clayton County. If the responding officer finds evidence that drinking was a contributing factor to the car accident, they may arrest the at-fault driver on the spot. In other cases, the officer may not have seen enough for an arrest but we can still find evidence of alcohol being a factor in the accident from statements from emergency personal that treated the accident victims. We can also pursue punitive damages in DUI accident cases.

Common Injuries in a Clayton County Car Accident

1. We understand that not every case will involve a serious injury that is easy to show, but most will be soft-tissue cases. These cases can be more difficult because insurance adjusters cannot see the actual damage caused by their driver. But the pain and discomfort from soft-tissue injuries is real. We find that Clayton County juries are intelligent and educated in soft-tissue injuries to a degree that we are comfortable trying these cases to the jury if necessary.

2. Unlike soft-tissue injuries, broken bones and torn ligament injuries are easy to show visual evidence. As Clayton County car accidents lawyers, we know how to maximize compensation in injury claims involving broken bones and torn ligaments. 

3. Cases involving surgery that was a result of the car accident are also very easy to explain to insurance adjusters and eventually to a jury if necessary. Surgery from your personal injury case is also very expensive and will require a personal injury lawyer that understands how to find insurance policies to pay for the procedure.

4. Wrongful death is the ultimate loss in any car accident case. Even with the increasing safety measures and equipment in modern automobiles, there were 51 fatalities in Clayton County in 2019. That number dropped to around 20 in 2020 due to covid but is likely to pick up as traffic and the population of Clayton County grows. 

In cases of wrongful death caused by a car wreck, we will do our best to gain maximum compensation owed to the family members of the deceased.

The Litigation Process in a Clayton County Personal Injury Claim

The following is an outline of a car accident injury case that we find useful to explain to clients. There are several other important nuances to any car accident case, but we find as Clayton County car accident lawyer educating our clients and potential clients is important in the process. 

Pre-Litigation

Pre-litigation involves all the steps before we actually file a law suit. In many cases, we never file a law suit but we still take the approach that we will one day have to explain your case to a jury so we prepare like we will eventually file a law suit.

1. We explained how we investigate your case, gather the evidence, and locate relevant insurance policies for us to make personal injury claims on. This happens in the pre-litigation phase. During this phase we will also gather evidence of your personal injury damages like medical expenses and lost wage claims. We may have to wait on the outcome of any treatment to conclude before we move on to the next step, so please be patient during this time as we gather our information. Being patient will pay off later.

2. Once we have the evidence in your cases collected, we will sit down and write a demand letter to the insurance companies. In this demand letter, we will tell your story of how the insurance company's client caused your injuries and lay out why the insurance company should pay your demand. 

The insurance company has an option to accept our demand or to reject the demands and begin negotiating in an attempt to get us to settle for less. We find insurance adjuster at many companies are trained to minimize your damages in sometimes unreasonable ways and force our hand to file a law suit.

Car Accident Injury Law Suit

1. Once a law suit is filed, the case moves into an initial discovery phase. This phase may last months before we advance to a trial. This phase is important to both sides to gather further information and lock down evidence that may be used at trial. 

Both sides will send admissions back and forth to agree on the simple facts about the car accident. Both sides will also request documents and other evidence allowed by the rules of procedure in Georgia that the other side has in their possession. Many of these requests will involve your participation and we can explain what is expected of you at that time.

2. During a law suit, you will likely be deposed by the insurance company's attorneys. In simple cases, this may take hours but can take a full day or longer in more complex cases. 

We will be there with you and able to answer any questions you may have, but we find it important for you to present yourself as a composed individual because this will be the defense attorney's first impression of you as a potential witness at a trial. They will ask extremely personal questions in an attempt to rattle you, and we will do our best to guide you through the process, but they are typically allowed to ask you a wide range of questions in preparation for the trial.

3. As car accident attorneys, we find mediation as an important tool in settling cases. In a mediation, both sides will pick a neutral that is usually another attorney or judge versed in car accident law.

We will schedule a day to work with the mediator in an attempt to resolve the case short of trial. The initial step is for both sides to present their cases to the mediator before breaking off into separate rooms. The mediator will then go back and forth between both sides until a resolution is achieved or time is up. 

Even if we do not settle your case at mediation, we find the process provides beneficial to settling your case or even setting us up for a positive result at trial.

The Trial

As a Clayton County car accident lawyer, Sam McRae had his first civil jury trial in the State Court of Clayton County. He understands that Clayton County juries are a great equalizer in balancing the power of the insurance companies in favor of car accident victims. 

1. As the plaintiff we go first at a trial. We will have the burden to prove the cause of your accident and the damages that you occurred due to the negligent driver. You will more than likely testify during this phase of the trial, and will be subject to cross examination of the insurance defense attorney. 

2. The defense attorney will then present a case. They will already had the opportunity to cross examine our witnesses, but they may also put up their own witnesses to further poke holes into our case. 

3. The jury decides. Following closing arguments, the jury will then deliberate the outcome of your case. They will decide questions of liability if they are contested and the issue of damages to award you. 

Tap into our Clayton County Car Accident Lawyer Experience

We have experience in handling Clayton County motor vehicle accidents.

As traffic lawyers and car accident lawyers have handled hundreds of car accidents cases in the Atlanta metro area and Clayton County. We know the ins and outs of the courts in Jonesboro, Morrow, and other municipalities. We know how to investigate your case, document damages, and find insurance policies to stack for maximum value. Our firm is still lean enough that you will be working with an experienced lawyer rather than a massive law firm that churns car accident injury cases. 

Contact Us Today for a Free Consultation

Remember that your initial consultation and your case is free until you get paid. If you don't get paid, then we don't get paid. 

So feel free to call us and talk to a Clayton County car accident lawyer on the phone today for a free consultation.

Attorney Sam

Your state-wide Georgia injury attorney. We are here to help because we know how it feels to face down the insurance companies alone.
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1201 West Peachtree Street, Suite 2367, Atlanta, Georgia 30309