Posts

Truck Accident Injury Compensation in Georgia: What You Should Know

/in /by

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?

/in /by

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

/in /by

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 & Not To Do At A Georgia DUI Stop

/in /by

Facing a confrontation with a police officer is intimidating in many circumstances, particularly if you’ve been stopped under suspicion of driving under the influence. Few people talk about what you should and shouldn’t do in this situation, making it challenging to do the right thing for your benefit. If you’re suspected of driving under the influence, the following will help you understand what you should and shouldn’t do to protect your rights and ensure your case goes more smoothly.

What You Should Do

When you first pull over, it’s essential to keep your hands visible on top of the steering wheel to prevent any issues. If you have passengers in your car, instruct them to stay calm and quiet. Don’t let anyone else say or do anything that could put you at risk or implicate your guilt. Always stay inside your vehicle unless the police officer asks you to exit. If they do ask you to exit, do so promptly and with no resistance. In most cases, you won’t be asked to leave your vehicle. Answer questions politely and treat the officer with respect, even if you feel the stop was unwarranted. Many officers now wear body cameras and record all encounters, recording any bad behavior that can be used against you. If the officer reads your rights, always answer yes, but let them know you wish to speak to an attorney. Let them know you will agree to the test after you’ve spoken to a lawyer. Doing this will give you the right to request an independent test, which could work in your favor. The officer must then transport you to the testing facility of your choice. It’s often best to choose a hospital or 24-hour clinic in an adjacent county to eliminate bias.

What You Should Not Do

The law requires you to provide an officer with your name and address to verify your identity. However, any information beyond that is voluntary, and answering any questions after that is optional. Don’t try to talk your way out of the situation because you could inadvertently harm your case. Don’t react angrily or drop names in an effort to get out of being charged with a DUI. It’s also essential to follow an officer’s commands. If you fail to do so, you are only putting yourself in a worse situation, reducing your chances of a successful case. However, keep in mind that this rule doesn’t apply to roadside tests. These tests are completely optional. Many of these roadside tests are challenging for sober individuals as well, making them unfair and irrelevant to your DUI case. In Georgia, you can’t contact a lawyer from the side of the road, which is why it’s best to decline answering any questions beyond those designed to verify your identity. Use your right to remain silent to prevent incriminating yourself further.

How To Prevent Georgia DUI License Suspensions

/in /by

Having your license suspended because of a DUI can be an incredibly difficult situation. Not only will this limit your mobility, it can also impact things like your career and your education. Georgia has recently changed its laws around DUI license suspensions. There’s a good chance that these changes can improve your chances of keeping your license.

Let’s take a closer look at how you can prevent an automatic license suspension after having a DUI incident.

Georgia DUI License Suspensions and Hearings 101

The state of Georgia has recently extended the time that you have to request a hearing before an automatic license suspension that results from a DUI. These hearings are incredibly important. They allow you to fight back against your DUI charge in order to improve your odds of keeping your license.

You can get the best results in hearing by having an attorney with proven results. The team at Amanda Hall Injury Law, for example, can help you navigate the complex process of defending yourself against a DUI charge.

Ignition Interlock Devices—Pros and Cons

You can also opt into getting an ignition interlock device. An ignition interlock device is a new piece of technology that is essentially a breathalyzer connected to your car. Let’s take a look at the pros and cons of this device.

On the plus side, an ignition interlock device can help you keep your license. Some individuals are able to negotiate having an interlock device installed in their car as a condition for keeping their license.

However, ignition interlock devices also, with considerable fines and charges. You will be required to pay an installation fee, a removal fee, monthly maintenance fees, and other charges related to your ignition interlock device. These devices can also prevent your car from starting on and even contact the police if you do not regularly blow into the breathalyzer while driving.

The legal team at Amanda Hall Law can help you keep your license without having to get an interlock device.

A Lawyer Can Improve Your Odds of Keeping Your License

The best way to defend your license is to hire a lawyer that has experience. These legal professionals are able to represent you in court proceedings. This dramatically improves your court case chances of defending your right to have a driver’s license.

Most people don’t know the ins-and-outs of the legal system. This leaves them vulnerable to expensive fees and the risk of losing your license. A lawyer can help you avoid High fees and worst charges.

The best thing you can do to prevent a DUI from becoming an automatic license suspension is to reach out to an attorney.

Ride Share Apps: Reducing DUI Accidents?

/in /by

A new study has shown that ride share apps might actually be saving lives.

In the old days, people had a “designated driver” when they went out for a night on the town. But that designated driver didn’t always stay sober — and that could lead to big problems.

People also might have a drink or two more than they thought… and that might lead to disaster. It’s difficult for someone who has already driven somewhere to make the decision not to drive when they are already drunk.

Enter the ride share apps.

How Ride Share Apps Are Reducing DUIs

Ride share apps make it easier for people to find rides, whether they were already planning ahead or whether they found themselves having “a few too many.”

Because ride share apps are much more affordable than a taxi (and easier to call), people find it a more attractive option. They can also afford to both take a ride share home and also back to their care to retrieve it in the morning.

Both drunk driving accidents and drunk driving convictions have dropped since ride share apps became popular. And that’s likely to continue as ride share apps become even more ubiquitous. Many ride share companies are currently experimenting with autonomous vehicles.

It turns out that a simple application of a more convenient method can radically reduce the chances of a DUI.

Why People Drive When Drunk

Many people drive when drunk because they mistakenly believe they are sober enough to drive. Someone might have one or two drinks and believe that they’ve had that amount before and been fine. They may even be under the legal limit, but still impaired. So, they drive drunk only to discover that they can’t control their vehicle. And when they get into an accident, they may not even realize how impaired they were.

Other people are chronic drunk drivers. Whether they’re trying to save money, improve their convenience, or just don’t care, they continuously drive drunk. The more they drive while drunk, the more normalized it becomes. They say that they “drive better while drunk,” even, or that they’ve “never gotten into an accident.”

Regardless of the excuses, drunk drivers are very dangerous. A single encounter with a drunk driver could leave someone injured for life. It could even kill someone.

If you’ve been in an accident with a drunk driver, or are concerned about accident liability, it may be time to talk to a professional. Contact the experts at Amanda Hall Injury Law to learn more about drunk driving, its liability, and its potential consequences.

Back to School Time: Driving Safety Tips

/in /by

As schools recently started opening their doors to kids this year in Georgia,  it is critically important for drivers to remember these important safe driving tips to avoid an accident and keep the school kids safe.

Know where the school zones are along the route you use to commute.

It is critically important to understand exactly where the school zones are located in your area as a driver. With children walking and biking to school, it is much more likely that an accident can happen within the school zone. Therefore, when you approach the school zone, it is important to slow down and make sure you are paying attention to kids who may cross the street without looking.

It is also critically important to limit your distractions while driving through a school zone. For example, avoid talking on your phone while driving. In addition, it is imperative not to text and drive at any time, but especially when going through the school zone.

Most areas have increased fines if you violate laws within the school zone, so slow down, and you will not only protect the kids but will reduce the likelihood of having to pay a hefty fine.

Listen to the crossing guards.

Crossing guards help the kids cross the street, and drivers need to listen to the crossing guards’ directions. If you see a crossing guard enter the street, be prepared to stop even before putting up the stop sign. It would be best if you waited until they give you the all-clear to drive on as they may see kids coming that you cannot see from your perspective.

Do not pass a stopped school bus.

While it may or may not be illegal in your area to pass a school bus, it is best to do so anyway. For example, if you are behind a bus or driving towards a stopped bus on the other side of the road, you need to stop and wait until all the kids have disembarked and have safely crossed the road.

Do not pass a vehicle stopped for pedestrians.

It is important to remember that you do not have the same perspective as the driver in front of you when you are behind a car. The car may be stopped for no reason, but there is an excellent chance they can see something you do not. Therefore, be patient and do not go around them as there could be a child crossing.

If a driver injured you or a family member, you might be entitled to compensation. Contact the attorneys at Amanda Hall Injury Law to discuss your case today.

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

/in /by

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.

What is Premises Liability in Georgia?

/in /by

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.

What is Georgia’s Wrongful Death Statute?

/in /by

Wrongful death is defined as any premature death that has resulted from another party’s negligence. Common causes can include traffic accidents, workplace accidents, or deaths from injuries sustained through the use of defective products. In the state of Georgia, if the family members of someone who died believe that the deceased died due to some form of negligence, a wrongful death lawsuit may be filed to recover monetary compensation.

Who May File a Wrongful Death Claim?

In most cases, it is the spouse of the deceased that will file the claim. If the deceased did not have a spouse, there can be some confusion over who has the legal right to pursue a lawsuit. Most of the time, it is a parent or child of the deceased that will take legal action to recover damages from the person or company that is believed to be at fault.

Determining who has the right to file the claim is an important step. It will help avoid conflicts within your family and the possibility of multiple claims being filed. When more than one legal team is involved in a wrongful death case, it can create problems, especially if the legal teams are not working together.

How Long do I Have to Act?

Unless there are special circumstances to the deceased’s death, the statute of limitations on wrongful death lawsuits is two years. This means that if you attempt to bring a claim past this time, your case will be thrown out of court. Since it can take a considerable amount of time for an attorney to investigate your claim and build a case on your behalf, it is advised that you begin the process sooner rather than later so that you do not lose your rights due to the expiration of your statute of limitations.

What is the Value of My Claim?

There are a number of ways that damages can be calculated when pursuing a wrongful death claim. Things that are considered include the deceased’s assets, potential earnings, relationships with family members and others in the community, and pain and suffering due to the injuries that caused his or her death. Pain and suffering is filed under a different kind of claim referred to as an estate claim. This claim encompasses the cost of medical bills, funeral arrangements, and the loss of the victim’s quality of life before passing.

Learn More During a Risk-Free Consultation

Amanda Hall Injury Law has been serving the Marietta, Woodstock, and Acworth area for over 25 years. If you have suffered the premature loss of a loved one, we understand that it can be difficult to deal with a loss while fighting a legal battle. Give us a call at 678-445-7423 to learn exactly what we can do for you and whether we feel you have a claim to monetary compensation.