Lost a Loved One in a Gwinnett County Crash? You Don't Have to Sort Out the Next Steps Alone

What to Know After a Fatal Car Accident in Gwinnett County

A fatal car accident in Gwinnett County today can bring police questions, hospital calls, funeral planning, and insurance calls all at once. Georgia law allows certain family members to bring a wrongful death claim when someone else’s negligence causes a death. This guide explains the first steps in plain words. It is written for spouses, adult children, parents, friends, and anyone who was hurt or driving in the crash.

Georgia sees many of these losses. The Insurance Institute for Highway Safety reports that Georgia had 1,403 motor-vehicle crash deaths in 2024, or 12.5 deaths per 100,000 people (IIHS state-by-state fatality statistics).

Slam Dunk Attorney is a personal injury firm based in Duluth, Georgia. It represents people hurt in car, truck, motorcycle, pedestrian, and rideshare crashes, and in wrongful death matters across metro Atlanta and Georgia.

Immediate Steps Families Can Take After the Crash

The first steps are simple: learn which agency investigated, get the report number, and track every contact and cost. Writing things down now saves confusion later.

• Confirm the investigating agency. That may be county police, the sheriff, or the Georgia State Patrol. Ask for the incident or report number.
• Keep a contact log. List hospital staff, medical examiner contacts, funeral home details, and any case numbers.
• Save evidence. Keep texts, photos, dashcam or phone video, and the names of any witnesses.
• Keep receipts. Save bills for medical care, funeral costs, transportation, and other out-of-pocket expenses.
• Track insurance contacts. The other driver’s insurer may call early. Write down the adjuster’s name, company, and what was discussed.

Early calls are hard to take back. Families often feel pressure to answer quickly while they are still in shock. You can speak with a lawyer before giving any recorded statement about the claim.

Are Car Accident Reports Public Record in Georgia?

Crash reports are generally available from the agency that investigated the crash. Some details may be restricted while a case is still open.

A typical report lists the date, time, and location, the drivers and vehicles involved, any citations, and the officer’s observations. Ask the investigating agency how to request a copy. Keep in mind that officers often gather more facts after the scene. The report is a starting point, not the final word on who was at fault. Photos, witness statements, and insurance records can matter just as much.

Who Can Bring a Wrongful Death Claim in Georgia?

A surviving spouse may bring a wrongful death claim. If there is no surviving spouse, the children may bring it. O.C.G.A. § 51-4-2 says the spouse or children may recover the full value of the decedent’s life, as shown by the evidence. If the surviving spouse recovers, that spouse must receive no less than one-third of the recovery.

If no one has that right to sue, the administrator or executor may bring the action for the next of kin (O.C.G.A. § 51-4-5). When a death results from a crime or from criminal or other negligence, the personal representative can also recover funeral, medical, and other necessary expenses.

Georgia’s general deadline for injury claims is two years after the right of action accrues (O.C.G.A. § 9-3-33). Under O.C.G.A. § 9-3-33, except as otherwise provided in that article of the Georgia Code, actions for injuries to the person generally must be brought within two years after the right of action accrues. Other provisions, including possible tolling while a related criminal case is pending, may affect that deadline, so families should talk with our lawyers about their specific timing.

Who May Be Responsible in a Fatal Crash

Responsibility depends on how the crash happened, and more than one party can be involved.

• Other drivers. Every driver must exercise due care to avoid colliding with a pedestrian on the roadway (O.C.G.A. § 40-6-93).
• Commercial trucks. Drivers and the companies that employ or contract with them may share responsibility. The Georgia Governor’s Office of Highway Safety publishes Georgia large-truck crash data on who is affected by these crashes.
• A personal auto policy may exclude coverage while a driver is logged on. Georgia also limits when a rideshare network service is liable for a driver’s operation (O.C.G.A. § 40-1-201).
• Uninsured drivers. Georgia auto policies must include coverage for injuries caused by an uninsured motorist (O.C.G.A. § 33-7-11).
• Government vehicles. A claim against the state requires written notice within 12 months of when the loss was discovered or should have been (O.C.G.A. § 50-21-26). Flag this early.

Fault can also be shared. Under O.C.G.A. § 51-12-33, damages are reduced by the injured person’s share of fault. A person who is 50 percent or more responsible recovers nothing.

What the Claim Process Generally Looks Like

A typical claim moves from a consultation to investigation, then to insurers, and to a lawsuit only if needed.

1. Free, confidential consultation. The first consultation is free, confidential, and without obligation to continue. We review the facts, the crash report, and your questions.
2. Investigation. We gather records, review insurance coverage, and look at every party who may be liable.
3. Presenting the claim. The claim goes to insurers, followed by negotiation where that makes sense.
4. Filing suit if needed. If a fair resolution is not reached, a lawsuit must be filed before the deadline runs out.

How long each step takes depends on the number of parties, the insurance involved, and the records. No particular result is promised.

Why Families Work With Slam Dunk Attorney

Slam Dunk Attorney is a personal injury firm in Duluth, Georgia. It handles fatal and serious crash matters across metro Atlanta and Georgia.

• Crash types covered. The firm handles car, truck, motorcycle, pedestrian, and rideshare crashes, plus wrongful death matters.
• Responsible lawyer. Peter F. Jaraysi is the responsible lawyer for this page. The firm’s lawyers, including Brian D. Wright, are supported by assistants and office staff.
• Plain language. We explain each step in everyday words and answer questions about what comes next.
• Clear organization. Each case is organized around the type of crash, so families can see how the rules apply to their loss.

Frequently Asked Questions About Fatal Crashes in Gwinnett County

Talk With Our Team About Your Family’s Situation

If you are reading this while planning a funeral or waiting on a police report, you are carrying a lot. Our team can review the crash report, the timing rules, and the questions in front of your family. Slam Dunk Attorney is based in Duluth, Georgia. Peter F. Jaraysi is the responsible lawyer for this page. To request a free consultation, use our contact page, or call to ask for a free case review.