Many factors affect car accidents in Atlanta, Georgia, from weather and road conditions to driving behaviors. Occasionally, at-fault drivers try to shift the blame to innocent crash victims by blaming the color of their vehicles. If this is what happened to you, our Atlanta car color and crash risk lawyers can push back against such a defense and keep liability focused on the careless driver’s actions.
This defense usually involves blaming the victim’s car color because it was difficult to see or contributed to difficult driving conditions by creating glare. If you find yourself facing this sort of counterclaim, a car accident lawyer from Hammers Car Accident & Personal Injury Lawyers can help you seek fair compensation from the at-fault driver and their insurer.
Contact us today at (770)-900-9000 to learn about your legal rights and options following an accident. We offer a free initial consultation.
How Hammers Car Accident & Personal Injury Lawyers Can Help You Win Compensation After a Car Accident in Atlanta, GA
The attorneys at Hammers Car Accident & Personal Injury Lawyers have over 50 years of combined experience fighting for accident victims in Atlanta, Georgia. Our firm has successfully recovered over $50 million in compensation for our clients.
When you get in an accident due to another driver’s careless, distracted, or impaired driving, our dedicated Atlanta car accident attorneys can provide the following services:
- Reviewing the crash report and discussing your legal options
- Gathering medical records to prove the cause and extent of your injuries
- Filing an auto insurance claim with the at-fault driver’s insurer
- Negotiating to resolve your case through a settlement
- Taking your case to court if the insurer refuses to offer an adequate settlement
Insurers may raise many defenses against your claim, including asserting that your car’s color contributed to the crash. Contact our law offices in Atlanta, GA, today to get started with your case and schedule a free case review.
Establishing Liability After an Atlanta Car Accident
Liability for a car crash usually comes down to negligence. This legal doctrine was devised to allow accident victims to seek compensation for unintentional injuries. Under negligence law, drivers are liable for injuries that result from their failure to exercise reasonable care under the circumstances. Examples of unreasonable behavior include:
- Maneuvering without properly watching for other road users
- Failing to yield the right of way
- Speeding
- Going too fast for the traffic, weather, road, or lighting conditions
For example, other drivers have a legal responsibility to follow at a safe distance and speed, regardless of the lighting conditions. Arguably, a driver should leave more distance at night, as the poor lighting may increase their reaction time.
If another driver hit you in a rear-end collision at night, your attorney could pursue compensation for your injuries. They would work to establish negligence by showing that the other driver was tailgating, speeding, or driving while distracted at the time of the accident.
The at-fault party’s insurer might claim that your dark-colored vehicle was a factor in the other driver’s inability to stop in time. This is generally a poor defense. The other driver had a legal duty to follow your vehicle at a safe distance, regardless of its color or the time of day.
If your tail lights malfunctioned, you might be deemed negligent for driving without fixing them. However, barring these unusual circumstances, merely driving the “wrong” color car isn’t considered negligence.
Does Car Color Contribute To Crash Risk?
Several studies have suggested that car color might influence crash risk. In other words, these studies postulated that some car colors are always more dangerous than others. However, at least one study reached a different conclusion.
For example, one study in New Zealand suggested that silver cars are always safer than other car colors. However, a study in Australia reached the opposite conclusion, finding that silver cars are always more dangerous than vehicles of other colors.
A study at the University of Dayton tried to reconcile these contradictory outcomes. It looked at tens of thousands of car accident records but focused on the vehicle operated by the driver who was cleared of fault for the crash. The goal was to determine whether at-fault drivers are more likely to hit cars of certain colors more often than others. The analysis concluded that no colors increase crash risk in all circumstances.
As of yet, there hasn’t been a consensus on the issue. While it is unlikely that the color of your car will come up during the course of your case, if it does, it won’t hurt to reach out to an attorney to get some legal advice about what to do next. There are rare circumstances where the opposing party may try to do so.
Contact Our Atlanta Car Color & Crash Risk Attorneys for a Free Consultation
Liability for a car accident nearly always falls on the careless driver, regardless of the other car’s color. Contact Hammers Car Accident & Personal Injury Lawyers to schedule a free consultation to discuss your car accident and the arguments we can raise to extract fair compensation from the responsible driver. Our Atlanta car color & crash risk attorneys work on contingency, so we only receive attorney’s fees if recover compensation for you.