The Automobile & the Pedestrian

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The Automobile & the Pedestrian

 

I recently read a post on next-door about a teen who had been hit by a car while jogging. Apparently, the car, even after hitting him, had not stopped. The mother was trying to locate the driver who hit him. Although he had been apparently tossed onto the hood of the car, he did not have any immediately apparent injuries and was thankfully rescued by another driver who witnessed the accident and stopped to help. I’ve handled quite a few cases like this over the years, so a lot of immediate thoughts came to mind. What do you do in this scenario (and hopefully it never happens to you or someone you love)? Here you go:

  • Contact the police. Get a formal report. The police may be able to help you track down the hit and run driver. More importantly, you may need this for an insurance claim.
  • Get the contact information for any witnesses. It may be helpful to get written statements from them as well. People remember things best when they are fresh.
  • Take photos of the intersection/crosswalk/etc. In this example, the witness confirmed the teen was jogging in a crosswalk when he was hit, although someone commented that there was potentially not a crosswalk at that particular intersection. Even if he had not been in a crosswalk, Georgia law still requires drivers to exercise reasonable care to avoid colliding with pedestrians. And it also requires you to stop if you actually hit someone (although basic human decency and common sense should tell you that!)
  • Take pictures of any visible injuries.
  • Get checked out. The mother in this post believed her son was not injured. However, as someone mentioned in the comments, they had a friend in a similar situation who later discovered they had significant internal injuries. Also, as I recognize a lot in my practice, many people do not experience pain immediately following an accident. Why? Because the adrenaline and shock of being in the accident itself may initially shield you from feeling it!
  • Notify your own auto insurance carrier. This may seem strange, but here is why. First, most auto insurance carriers require you to notify them if you’ve been in an accident, even if you’re not at fault. Second, your auto insurance may help you – yes, you heard me correctly! If you have medical payments coverage or uninsured/underinsured motorist coverage on your own policy, it may help you out EVEN IF YOU ARE NOT IN YOUR CAR. In fact, it may help your family members out EVEN IF THEY ARE NOT OLD ENOUGH TO DRIVE. Both of these are things that you pay a little extra for on your policy and your insurance should not drop you or raise your rates if you end up using them and you are not at fault.

 

Call us for a free consultation if you are ever in this situation – we are happy to help! And we are all hoping this mother locates the driver who hit her child. Keep a lookout for a Caucasian blonde female driving a Blue Tesla SUV. This incident happened in Buckhead.

 

 

Truck Accident Injury Compensation in Georgia: What You Should Know

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Truck Accident Injury Compensation in Georgia: What You Should Know

As destructive as a typical car accident in Georgia may prove, am accident involving a car and a commercial vehicle can create even more devastation due to the sheer size and bulk of these vehicles. If you’ve suffered a debilitating injury from such an accident, you need to understand your legal options for pursuing financial compensation. Let’s take a look at the unique features of Georgia truck accident claims and lawsuits.

Who Holds Liability in a Georgia Truck Accident?

Georgia counts as a modified comparative fault state. This means you can sue for damages in a personal injury case as long as you hold less than 50 percent of the responsibility for the accident. But who do you sue?

Unlike straightforward car accidents in which one driver sues another driver, liability in a Georgia truck accident injury can include the driver, the driver’s employer, the vehicle owner, and/or these parties’ insurance provider. For instance, the driver may have practiced negligence while representing the trucking company, or the entity responsible for the truck’s maintenance may have allowed the vehicle’s brakes to fall into disrepair.

When Should You Consider Legal Action?

The insurance company that represents the other party or parties in your personal injury case may push you to accept a cut-and-dried financial settlement. Don’t agree to such a settlement until you’ve first consulted an experienced personal injury attorney.

You need to consider all the long-term financial implications of your injury, from loss of income and immediate medical bills to (in some cases) a lifetime of ongoing medical and non-medical care. To obtain the compensation you really need, you may have no choice but to reject an insurance settlement offer and file a lawsuit instead.

In some cases, an improperly-packed shipment may fall from a truck and cause an auto injury. In these situations, the injured party would sue the shipping company instead of the truck owner or driver.

How Do You Pursue a Truck Accident Injury Lawsuit?

In most cases, plaintiffs in Georgia traffic injury cases have two years from the date of the accident to file a claim. The case itself may prove more complex than a standard car accident injury lawsuit due to the number of potential defendants involved, and the need to show exactly how much liability each defendant might hold. Your attorney can use driver logs, carrier hiring records,  and other data to demonstrate negligence.

As you can see, complex cases like truck accident injury lawsuits require expert legal representation. Contact Amanda Hall Injury Law today for a consultation with our skilled, experienced attorneys.

How Does Georgia’s Helmet Law Affect My Injury Case?

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According to the National Highway Traffic Safety Administration, motorcycle accidents cause roughly 5,000 fatalities per year. A majority of U.S. states have implemented helmet laws to reduce the number of deaths and serious injuries occurring in these accidents.

The state of Georgia implemented its mandatory helmet law in 1969. This law is Section 40-6-315 in the Official Code of Georgia Annotated, and it can affect your motorcycle injury case.

The Georgia Helmet Law

The Georgia helmet law is stricter than helmet laws in other states. The law requires all people on the bike to wear a helmet. This applies to bikers and passengers of all ages.

An exception to the Georgia helmet law is when a rider is in a motorized cart or enclosed cab. The biker does not need to wear a helmet while enclosed.

Helmets used by passengers and operators must be DOT-approved. Helmet standards are outlined in Federal Motor Vehicle Safety Standard No. 218. Motorcyclists must also wear DOT-approved eye protection, including most helmet shields or goggles.

Helmets and Personal Injury Claims

A common and effective defense against a personal injury case is that the plaintiff caused their injuries by not wearing a helmet. This defense is especially effective when the case involves head injuries. The defendant can prove the injuries would not have occurred or would not be as severe if the individual was wearing a DOT helmet.

Personal injury claims regarding other areas of the body are less reliant on whether the plaintiff was wearing a helmet. The helmet should not play a role in the plaintiff’s compensation for injuries unrelated to the head or helmet. However, the defense will still try to use the fact that the biker was not wearing a helmet to sway the case.

Comparative Fault in Georgia

The state of Georgia often allows the plaintiff to receive some compensation for injuries the biker may have caused to themselves. A plaintiff who the jury finds less than 50 percent at fault for his injuries may receive compensation. The jury will decide for what percentage of the injuries the biker is at fault.

Hire a Motorcycle Accident Lawyer

A qualified motorcycle accident lawyer is the best choice when dealing with a motorcycle personal injury case. The experts at Amanda Hall Injury Law know Georgia motorcycle law inside and out. We aim to help you receive the best possible compensation for your injuries, whether you or your passengers were wearing a helmet or not.

Georgia Statute of Limitations

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The Statute of Limitations concerning a claim is among the most important deadlines to know when dealing with a car accident. Whether you dealt with a fender bender in Atlanta or a serious car accident in some other part of Georgia, you’ll need to make sure that you properly file a lawsuit against the offending party before you lose your right to forever pursue that claim. Understanding the statute of limitations for car accident claims in Georgia is essential to ensure your protection in a court of law.

Today, we are going to delve into car accident claims in Georgia to better support your understanding of the statute of limitations.

Different Limitation Periods For Your Car Accident

When we talk about filing a claim in Georgia for your car accident, we aren’t just talking about phoning the offending party’s insurance company to notify them of the claim and accident. What we are instead focusing on is the actual lawsuit you will file against the at-fault individual to acquire compensation.

In Georgia, there are two separate claims with their respective statutes of limitations.

First, a claim for property damage suffered against your vehicle must be placed within four years of the offending accident. This is a Georgia guideline and the statute of limitations can and will change depending upon where you are at in the country.

Second, a claim can be made against the at-fault party for injuries to your person. To pursue a personal injury claim, you will need to make a claim within two years of the offending accident while living in Georgia. This is a general guideline as there are exceptions that can exacerbate the timeline, granting more time.

General Exceptions For Timeline Extensions

While the Statute of Limitations for filing a claim in Georgia will sit between two and four years (depending on the claim), there are exacerbating circumstances. In Georgia, if you were injured while still under the age of majority, your two-year statute of limitations will not begin until you reach the age of majority. This gives you potentially many more years to pursue a claim.

Other circumstances may change the statute of limitations regarding the claim you are filing in Georgia. To make sure that you are properly represented for your claim, contact the team at Ananda Hall Injury Law for support.

Amanda Hall Injury Law Can Help Today!

For more than 25 years, the team at Amanda Hall Injury Law has been fighting for justice on behalf of their clients. Whether injured in an accident or harmed by the negligent actions of others, Amanda Hall Injury Law fights tooth-and-nail to become a powerful voice for their clients.

Amanda Hall Injury Law promises

  • Exceptional Attention
  • Experienced Service
  • No Recovery, No Cost

Contact Amanda HallInjury Law today at (678) 445-7423

What To Do If A Minor Injures You In An Accident

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Being involved in a car accident is bad enough. But finding out the at-fault other driver is under the age of eighteen and a minor? Well, that certainly complicates the process more than just a standard auto accident claim.

The good news is that you still have plenty of recourse for being fairly compensated for your medical bills, lost wages, property damage, and other factors. Here’s what you need to know if a minor injures you in a car accident.

Understand Parental Responsibility Laws

Like most states, Georgia places responsibility on the parents of minors who cause an accident or otherwise invoke harm on another person. This means that the legal guardians of the teen or other minor driver that was involved in the collision are just as legally liable for the incident as if they had been behind the wheel themselves.

But what if the minor’s parents don’t own the vehicle? Or what if they didn’t know the teen had taken the car? While this definitely makes things take a bit longer to settle, it doesn’t mean that you won’t receive compensation or have to go to a courtroom to prove your damages.

Contact the Car Owner’s Insurance Company

In Georgia, auto insurance follows the vehicle and not the driver. This means that whatever insurance policy the parents had on the car is the one that will likely pay for your damages. This includes both physical damage to your vehicle and the medical bills for any occupants in your car.

Unless there is a problem with coverage on the policy, the insurance company will likely open a bodily injury claim to help with your medical bills. They’ll likely also cover damage repair to your vehicle under the property damage portion of the car owner’s policy.

Check with Your Own Insurance Carrier

There are instances in which the responsible party’s bodily injury coverage is not enough to fairly compensate you for your medical bills. In that case, you would want to consider working with your own auto insurance carrier to see about opening a UM/UIM claim.

This is specific coverage on your policy to help protect you from financial harm stemming from excessive medical bills in an accident that’s not your fault, but the other person either doesn’t have coverage or does not have enough coverage for the severity of the incident.

Wrap Up: What to Do If a Minor Injures You in a Car Accident

Car accidents are always a scary time for all involved. While things might get a little more technical in a claim involving a driver who is a minor, that doesn’t mean you won’t get a fair settlement without filing a lawsuit.

However, there are still certain negotiations and steps that need to happen to ensure the other insurance company doesn’t shortchange you on what you deserve. And having a knowledgeable and skilled attorney to work as your advocate is the best way to ensure a fair and quick settlement process.

Have you recently been involved in a vehicle collision with a minor? Please contact our team at Amanda Hall Injury Law to schedule an appointment.

Why Are Women More Likely To Be Severely Injured in Accidents?

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When it comes to accidents on the road, you would think that men and women would be fairly equally represented. In reality, however, studies have shown a growing disparity between the number of men and women seriously injured in auto accidents. What does a breakdown of these statistics look like—and what’s the reasoning behind it all?

A Look at the Statistics

In a study conducted by the Insurance Institute for Highway Safety, it was discovered that while men are more likely to be involved in fatal car accidents than women, women are still 20-28% more likely to suffer from fatal injuries. Likewise, women are anywhere from 37-73% more likely to suffer a serious injury when compared to a male driver.

Researchers also found that women are at a three times higher risk of experiencing injuries such as concussions in an auto accident. Meanwhile, women carry a two times greater risk (compared to male drivers) of experiencing a lung injury or traumatic brain injury as a result of a car accident.

So, What Gives?

At first glance, this data can be puzzling. Why are women at such a greater risk of suffering from serious injuries when they are involved in car accidents? In reality, it mostly boils down to the type of vehicles women tend to drive. Specifically, research has found that women tend to drive smaller, lighter, and more compact vehicles. These vehicles tend to offer less protection in the event of a collision than larger and heavier vehicles, thus increasing the risk of a serious injury for drivers involved in accidents.

Studies have also found that in causes of side-impact, T-bone, and front-to-rear accidents, male drivers are more likely to be driving the striking vehicle. Because the driver of a striking vehicle has an inherently lower risk of injuries, this means that a female driver in the vehicle being struck could be more likely to suffer from serious injuries in an accident.

The Bottom Line

There remains a disparity between the number of male and female drivers seriously injured in auto crashes across the country. Mostly, this is due to the fact that female drivers are more likely to drive smaller (and thus less safe) vehicles. However, there are certainly some other factors at play.

Regardless of what led to your auto accident or how seriously you were injured, you deserve to have proper legal representation. Our team at Amanda Hall Injury Law is here to help; contact us today at (678) 445-7423 to schedule your free legal consultation. We’re proud to represent auto accident victims in Woodstock, Acworth, and the surrounding areas and will stop at nothing to pursue your case.

Long Term Effects of Brain Injury

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From an increased chance of concussion to radical changes in personality, medical science is still exploring and discovering long-term effects of brain injury. When brain injury occurs, the immediate damage may not be visible. Effects may linger for months or years thereafter, and their significance and prominence can strongly vary.

What Happens After a Brain Injury?

Short-term, the brain may swell and headaches, confusion, loss of consciousness, memory issues, and/or nausea may occur. But it’s a mistake to assume that you’re fine after you stop feeling the immediate effects. A brain injury can cause long-term issues, such as anxiety, depression, and other mood-related problems. Traumatic brain injuries can potentially make it difficult or impossible to hold down a job, make it difficult to maintain interpersonal relationships, and otherwise make it difficult to manage your day-to-day life.

What Should You Do After a Brain Injury?

Any injury to your head, even very slight, could potentially cause a brain injury. Even if the immediate results aren’t dramatic, it’s possible that they could become more severe over time. If you experience a blow to the head, a severe car accident, or other type of head injury, you should immediately go to the doctor and thoroughly document what occurred. If someone else was responsible for your injury, or if it was a workplace incident, you’re going to need thorough documentation to as evidence. Further, you will want to continue going to the doctor for follow-ups to chart your progress.

Why Is a Brain Injury Dangerous?

Once you’ve experienced a TBI, any subsequent brain injury can be that much more dangerous. Having a concussion previously puts you at risk for issues such as concussion syndrome. If you are hit in the head again later, the results could be far more severe than if you had never experienced a brain injury before. Because of this, your recovery from subsequent injuries can be that much more involved, complex, and uncomfortable. It’s important to have thorough medical documentation for any TBI for these reasons and more.

A traumatic brain injury can be frightening. Importantly, you must never assume that you’re entirely out of the woods as far as injuries go, because there may be long-term issues far beyond what you’ve experienced thus far. For more information about TBIs, the law, and how to pursue compensation for injuries, contact the professionals at Amanda Hall Injury Law.

What is Premises Liability in Georgia?

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In the state of Georgia, a property owner can be held accountable for any injuries that occur on his or her property so long as it can be proven the owner was negligent in efforts to prevent the accident. It can be very difficult to prove negligence. So, if you have been injured, it is important to review the details of your case with an attorney who has experience and success trying these types of cases.

What is Premises Liability?

Georgia statute O.C.G.A 51-3-1 defines premises liability of the failure of a property owner to keep the property safe for those who are lawfully visiting. This means that if someone slips, falls, or is hurt in any other manner, it is possible to seek monetary damages from the property owner. It must be proven that the property owner’s actions or inaction contributed to the injury.

Examples include the following.

  • The owner failed to perform structural repairs or regular maintenance on the property.
  • The owner did not provide adequate security, making the property unsafe for its guests.
  • The owner did not properly mark hazards, such as identifying wet floors and trip, slip or fall risks. Warnings should be posted so that visitors are aware of the hazards.
  • The visitor was invited to the property. This could include customers and workers who frequent a business property.

It is important to understand that the property owner is not always held liable for injuries. In order to prove negligence, you need to show that the owner’s actions were egregious and irresponsible. If a hazard is clearly visible to everyone, for example, the property owner cannot be found at fault if someone is injured on the property.

The property owner must also be aware that there is a defect or hazard on the property in order to be held liable as well. If the hazard was something that had not been discovered during previous inspections, the owner cannot be expected to be held accountable. It can be very difficult to prove that a property owner had sufficient advance notice that there was a hazard on his or her property.

Failure to Address Known Issues

Examples in which property owners can be proven negligent usually involve some sort of history of incidents. For example, if people have tripped over a defect in the sidewalk before, but the owner never performed repairs, this can show that the owner was aware of the problem and chose to do nothing. This puts anyone who visits his or her property at risk.

Due to the complexity of premises liability claims, these cases are more likely to go to court than other types of personal injury claims. Many accident cases are settled out of court because the facts are clear and cannot be contested. If you are seeking damages in a premises liability case, you should be prepared to go to court because it will be much more difficult to argue the facts behind your claim.

The Representation You Choose Matters

It is important that before you pursue a claim for premises liability that you obtain qualified counsel. You don’t just want an attorney with personal injury law experience, but one that has been able to win premises liability cases in the past. While it is possible for you to collect the compensation to which you are entitled, an inexperienced lawyer may be in over his head.

Amanda Hall Injury Law has over 25 years of experience working with complex legal cases. If you are in the Woodstock or Acworth area, contact us today to arrange a free case review.

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Seat Belts for All Will Help Decrease Traffic Accident Deaths

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Current Georgia seat belt laws only require adults in the front seat to wear seat belts. Children under the age of 17 were also required to wear seat belts at all times. However, in 2019, a new law was proposed to require seat belts for all individuals in a car, ensuring everyone’s safety. This law is still moving toward approval and implementation but it is expected to save many lives. The bill is expected to pass the state legislature, providing protection for everyone who rides in a car in the future.

Mistaken Beliefs

When the previous seat belt law was passed, it was believed passengers traveling in the back seat of a car were safer and less susceptible to injury or death. However, over the years, several studies have shown the exact opposite. These studies reveal that back seat passengers are just as likely to experience injuries or even death when involved in a car accident while not wearing their seat belt, leading to the proposed changes in legislation. Wearing a seat belt reduces movement in an accident and helps protect all passengers from serious injuries or death, especially in more severe accidents.

Greater Protections in the Front Seat

If you think about all the safety features implemented in cars today, it’s clear to see that although wearing seat belts in the front seat is still essential to protect against injuries and deaths, drivers and front seat passengers actually have more protection in the event of a crash than those traveling in the backseat. Front airbags, side airbags and other newer safety features go a long way toward protecting front passengers from the impact of a crash, while the back seat often has fewer airbags, if any, and few additional safety features. When these back seat passenger aren’t buckled in securely, they are more likely to be thrown around the cabin or even out of the car, resulting in more severe injuries and increasing the likelihood of death due to the accident.

The Click It or Ticket Campaign

Each year, the National Highway Traffic Safety Administration promotes their Click It or Ticket campaign in an effort to encourage everyone to stay safer on the roads and keep their seat belts fastened. While the law in Georgia has only required seat belts for adult in the front seat and all children, this campaign always serves as a reminder that everyone needs to wear their seat belt to increase their level of safety on the road. Whether families are heading out on a road trip or they’re running errands around town, making sure everyone can enjoy a safe ride is an absolute necessity, especially with the increased traffic on the roads due to uncertainty about air travel due to the pandemic.

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Georgia’s “At Fault” Law Explained

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A slam on the brakes, screeching from the pavement, and then a crash. Nobody wakes up anticipating their involvement in an automobile accident, but that doesn’t stop more than 1,720 collisions from happening every single day in the state of Georgia, alone.  After an accident happens, no matter how minor, both drivers will want to know who is at fault and financially culpable for the damages.

In Georgia, finding this answer isn’t quite as easy as you might think. Let’s break down Georgia’s “At Fault” law in a few simple steps.

Understanding Modified Comparative Negligence

Each state will have its own comprehensive legislation relating to insurance. In Georgia, insurance companies will estimate the accident liability of each person involved by assigning a percentage of the blame. If one individual is considered more than 50% liable for the incident, they will not be able to claim any damages. On the flip side of the coin, individuals up to 49% liable can file for damages.

Georgia law dictates that there can be three outcomes of an automobile accident: one driver is at fault, both drivers are equally at fault, or one driver is only partially responsible.

Other effects of Modified Comparative Negligence

  • Insurance companies are incentivized to evaluate every single detail of the accident report. Including the following:
    • Police Reports
    • Forensic Crash Analysis
    • Interviewing All Parties
  • Drivers should consider legal representation when talking with their insurance company.
  • Anyone up to 49% responsible can receive compensation.

Liability Percentage and Compensation Results

Thanks to Georgia’s Modified Comparative Negligence legislation, filing a claim can leave claimants in relatively dire straits. Assigning liability will have an impact on the amount receivable. A driver 49% liable for the incident will receive just 51% of their total damages.

While it is important to have this information available, it won’t change what a responding officer writes during their initial report. Every responding officer will assign fault to one or both parties, typically with a citation. This citation can have a dramatic impact on the eventual claim that a driver makes for damages, no matter the severity.

Don’t Deal With an Insurance Company Alone

An experienced injury attorney can help guide their client throughout the entire process while circumventing common traps, pitfalls, and obstacles that would otherwise lead to a reduced settlement.

In the immediate aftermath of an automobile accident, it can be hard to focus on what step comes next. Due to Georgia’s “At Fault” laws, it is important to have legal representation when it matters most. Call Imbriale Injury Law at (678) 445-7423 to hear more!