Marietta, GA
Marietta Car Accidents Lawyer
Cobb County crash volume is concentrated on a handful of overloaded arterials, and Cobb's State Court has a reputation among carriers for conservative verdicts, which shows up directly in the first offer.
Local specifics
Car Accidents in Marietta
Because Cobb is a more defense-favorable venue than Fulton, a Marietta case has to be documented harder to reach the same number. That means objective findings, no treatment gaps, and a liability picture that leaves no room for a comparative fault argument. Cobb Parkway and the Delk Road interchange generate a high share of rear-end and lane-change collisions, and both corridors have substantial commercial camera coverage worth canvassing in the first week.
Cobb Parkway (US 41), South Marietta Parkway and the I-75 corridor through Marietta see constant stop-and-go commuter traffic. The Big Chicken intersection area and Delk Road interchange are recurring sites for rear-end and lane-change collisions.
How we build the case
A car crash reorders your life in seconds and then hands you a claims process designed by the other side. Georgia insurers move fast to record your statement, minimize your injuries and anchor the value of your claim before you know the full medical picture. We build the case the way it would be tried: crash reconstruction, complete medical documentation, wage loss proof and a demand backed by trial readiness.
Case facts that matter here
- Courthouse
- A Marietta crash claim is normally filed where the collision happened or where the at-fault driver lives. Marietta sits in Cobb County, so the usual venue is the Cobb County Superior Court (70 Haynes St, Marietta, GA 30090). Venue is confirmed against the county court record before anything is filed — filing in the wrong county costs weeks a claim cannot spare.
- County
- Cobb
- Deadline
- Two years from the date of the crash for personal injury and wrongful death claims (O.C.G.A. 9-3-33). Property damage claims get four years. Claims against a city, county, or the state carry ante litem notice deadlines as short as six months.
- Fault rule
- Modified comparative negligence with a 50% bar (O.C.G.A. 51-12-33). You can recover as long as you are less than 50% at fault, but your award is reduced by your share of the blame.
- Min. coverage
- $25,000 per person / $50,000 per accident bodily injury and $25,000 property damage. Georgia does not require uninsured motorist coverage, but insurers must offer it in writing.
What we prove
- Two-year filing deadline under Georgia law
- Recovery barred at 50% fault, so fault percentages decide value
- Adjusters request recorded statements to lock in early, incomplete facts
- Property damage photos and ECM data often disprove the low-impact defense
Your likely attorney
AJ McDonald
Trial Attorney
Attorney AJ McDonald is originally from Lawrenceville, GA. He attended Appalachian State for one year on a football scholarship, then transferred and played football at the University of Georgia from 2011 to 2014, graduating with a degree in sports management. AJ was a prosecutor in Fulton County from 2019 to 2020 and later opened his own criminal defense firm before joining My Crash Attorneys. He is a seasoned trial attorney defending clients' rights to the compensation they deserve. AJ has two nephews and joyfully welcomed his son in July 2023.
Full bio ↗Fault
How did your crash happen?
Fault turns on the scenario. Find yours to see who is presumed liable and what evidence changes it.
- Drunk Driving CrashA crash caused by an impaired driver opens two additional avenues: punitive damages, and potential dram shop liability against the bar or restaurant that over-served a noticeably intoxicated driver or served a minor.
- Hit-and-RunWhen the at-fault driver flees, the case usually becomes an uninsured motorist claim against your own policy. Georgia requires prompt reporting and cooperation, and the UM carrier stands in the shoes of the fleeing driver, meaning it will litigate liability just as hard.
- Intersection CollisionIntersection crashes generate the hardest liability fights because both drivers usually claim a green light. These cases are won with signal timing data, independent witnesses and physical damage geometry.
- Lane Change & SideswipeSideswipe crashes on I-285, GA-400 and the Downtown Connector generate disputed fault because both drivers claim the other drifted. Paint transfer and damage height frequently resolve it.
- Rear-End CollisionThe most common crash type in Georgia and the one insurers still manage to contest. The following driver is usually at fault under the duty to maintain a safe following distance, but carriers routinely argue sudden stop, brake checking, or non-functioning brake lights to shift a percentage of blame.
- Uninsured or Underinsured DriverGeorgia has one of the higher uninsured driver rates in the country and only requires 25,000 in bodily injury coverage. When your damages exceed the at-fault limits, your own UM coverage becomes the case.
Injuries
What were you diagnosed with?
- Fractures & Orthopedic TraumaBroken bones from crash forces range from a clean tibia fracture to comminuted, multi-surgery orthopedic trauma with hardware. Value depends far less on the break itself than on the permanent limitation, hardware retention and future arthritis risk that follow.
- Herniated DiscA herniated disc happens when the soft center of a spinal disc pushes through its outer wall and presses on a nerve root. It is the single most common serious crash injury and the one insurers most often blame on degeneration. Winning it means proving the crash either caused the herniation or made an asymptomatic condition symptomatic.
- Knee & Lower Extremity InjuriesDashboard impact drives the femur into the knee, tearing the meniscus, ACL or PCL. Post-traumatic arthritis and future knee replacement are the drivers of long-term value.
- Shoulder & Rotator Cuff TearsSeatbelt loading and bracing against the wheel commonly tear the rotator cuff or labrum. These injuries are frequently missed at the emergency room, which gives insurers a causation argument the moment there is a treatment gap.
- Traumatic Brain Injury (TBI)A TBI does not require losing consciousness and frequently does not show on a standard CT scan. Mild TBI is the most under-documented and most aggressively disputed injury in Georgia crash litigation, because the symptoms are invisible and the insurer will attribute them to stress or pre-existing conditions.
- Whiplash & Soft Tissue InjuryRapid neck hyperextension damaging muscles, tendons and ligaments. Insurers treat whiplash as the throwaway injury and use low property damage to argue nothing happened. Consistent treatment and objective findings are what separate a nuisance offer from real value.
Case results
What we've recovered
$2.5M
Settlement
Trucking crash victim against a corporate defense team.
$1.8M
Recovery
Justice for a family in a wrongful death case.
$1.2M
Verdict
Catastrophic injury, trial-tested victory.
$475K
Settlement
Pedestrian struck at a crosswalk.
No Fee Unless We Win
Marietta car accidents? Start with a free review.
No Fee Unless We Win. Available 24/7.
FAQ
Questions from people in your position
Answers on this case type
- How long do I have to file a car accident claim in Georgia?In most Georgia car accident cases you generally have two years from the date of the crash to file a personal injury lawsuit, and four years for property damage. Claims against a city, county or state agency require written notice far sooner — in some cases within six months — and other exceptions can change these deadlines.
- Is Georgia an at-fault state for car accidents?Yes. Georgia is an at-fault (tort) state, which means the driver who caused the crash — and that driver's liability insurer — pays for the resulting injuries and damage. There is no no-fault or personal injury protection system in Georgia.
- Can I still recover money if I was partly at fault in Georgia?Yes, as long as you are found less than 50% responsible. Georgia uses modified comparative negligence: your recovery is generally reduced by your percentage of fault, and at 50% or more it is generally barred entirely.
- What if the other driver had no insurance in Georgia?If the at-fault driver is uninsured or carries too little coverage, your own uninsured/underinsured motorist (UM/UIM) coverage may apply, depending on your policy. Georgia generally allows drivers to purchase add-on UM that stacks on top of the at-fault driver's limits, which can be the difference between a token payout and a real recovery.
- Should I give a recorded statement to the insurance adjuster?You are generally not required to give a recorded statement to the other driver's insurance company, and in MCA's experience doing so early — before the full extent of your injuries is known — more often hurts a claim than helps it.
- Who pays my medical bills after a Georgia car accident?Georgia has no no-fault coverage, so your bills are generally paid as you go by medical payments coverage, health insurance, or a provider treating on a lien — and the at-fault driver's insurer typically reimburses those costs at the end, as part of a single settlement.
Car Accidents in nearby cities
- Smyrna car accidentsCobb County
- Kennesaw car accidentsCobb County
- Atlanta car accidentsFulton County
- Sandy Springs car accidentsFulton County
- South Fulton car accidentsFulton County
- Roswell car accidentsFulton County
- Johns Creek car accidentsFulton County
- Alpharetta car accidentsFulton County
- Stonecrest car accidentsDeKalb County
Georgia law that applies
- Damages You Can Recover in GeorgiaMedical costs, lost income, future care, pain and suffering, and in some cases punitive damages.
- Dealing With Insurance AdjustersYou are not required to give a recorded statement to the other driver's insurer.
- Georgia Comparative NegligenceRecover only if you are less than 50% at fault, with your award reduced by your share.
- Georgia Insurance Minimums & UM Coverage25,000 per person minimum, which is why uninsured motorist coverage often decides recovery.
- Georgia Statute of LimitationsYou generally have two years from the date of the crash to file suit in Georgia.
- How Fault Is Actually ProvenPhysical evidence and data beat conflicting driver statements every time.