Articles Posted in Automobile Accidents

Car-Wrecks-Involving-Ridesharing-Vehicles-300x187As we all know, ridesharing has become prolific with Uber and Lyft proving millions of trips on a daily basis.  If you are in a car wreck involving a ridesharing vehicle, there are several important things you should know, especially if you suffer injuries.  The discussion that follows will hopefully help you navigate the many issues you may face.

Know Who Files More Lawsuits

What most people do not realize is that in almost every car wreck case, the litigation is directed at the insurance company as opposed to the at-fault driver.  If a lawsuit is filed, it is filed in the name of the at-fault driver, but it is their insurance company that provides their legal defense and payment for damages to the non-fault driver(s) and passenger(s).

The-Importance-of-UM-and-UIM-Insurance-in-Georgia-300x200What is UM or UIM Insurance?

When you get a new auto insurance policy your insurance agent may ask:  “Do you want UM or UIM Insurance?  What is UM or UIM insurance?  UM insurance is Uninsured motorist insurance, and UIM is Under Insured Motorist Insurance.  In Georgia, they are treated synonymously, so if you have UM, you also have UIM.

Why Uninsured (or Under-Insured) Motorist Insurance important?

willattorneytakemycase-300x200Many people will be involved in a car accident at some point during their lives. Some people involved in car accidents manage to walk away unscathed, but others sustain injuries and damage to their vehicles. When an accident results in harm, the victim may incur significant costs in addition to pain and suffering. A common question that arises after car accidents is whether the accident is grounds for a lawsuit, or if an attorney will take your case. Whether you have a viable case depends on several factors. As such, if you are a Georgia resident who suffered property damage or injuries due to a car accident, it is prudent to contact an experienced Georgia car accident attorney to discuss whether you may be able to pursue compensation for your harm.

Factors Weighed in Determining Whether You Have a Viable Case

The factors assessed in whether you have a viable claim against another party following a car accident, and therefore whether an attorney can assist you in recovering compensation, involve whether you suffered harm that was caused by another person or entity, as well as how long it has been since your accident occurred.

caraccidentattorney-300x200Car accidents can be a shocking experience, both physically and mentally. Many people involved in car accidents are left stunned after the initial impact and uncertain of what to do next. If you are involved in a car accident, there are certain people you should call to preserve any evidence that may be needed to prove liability and damages in the future.  If you live in Georgia and were recently involved in a car accident, you should consult a seasoned Georgia car accident attorney to examine the circumstances surrounding your accident and whether you may be able to recover damages for any harm you sustained.

The First Call You Should Make

The first phone call you should make following a car accident is to 911. Even if it does not seem like an accident caused any injuries or significant damage, it is important to document evidence of how the accident occurred and the extent of any harm caused by the accident. Further, calling the police following an accident is not only prudent, it is also required under Georgia law for any car accident that results in an injury, death, or property damage that exceeds $500.00.

Typically, any first responder that responds to the 911 call will speak with the parties involved in the accident. Emergency medical services will assess the initial injuries caused by the accident and assist the injured parties in obtaining any treatment they need. The police will evaluate the damage to the cars involved in the accident and obtain eyewitness accounts of how the accident occurred. Any statement taken by the police and the observations of the police should be included in the police report. If the police determine that one of the drivers violated a provision of the Georgia motor vehicle laws, the driver will probably be issued a citation.

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howtofindcaraccidentattorney-300x200Car accidents happen every day and many car accidents result in significant property damage and bodily injury. Often when a person is injured in a car accident that was caused by someone else’s negligence he or she may wish to pursue compensation from the negligent party. There are countless attorneys who represent plaintiffs in personal injury cases, and choosing an attorney in a car accident case can seem like an overwhelming task. If you were injured in a Georgia car accident, you only have one chance to seek damages, and it is important to choose an attorney that will fight vigorously on your behalf.

Determining the Best Car Accident Attorney to Represent you in your Case

There are multiple questions you can ask potential car accident attorneys to determine whether they are the best fit for you. One of the first questions you should ask is whether the attorney feels that you have a strong case. Car accidents are often caused by several factors, and in some instances, they may be partially caused by the injured party. Even if a plaintiff is partially at fault for the accident, he or she may still be able to recover damages, as long as the fault attributable to the plaintiff is less than fifty percent, and the accident was not caused by the plaintiff’s failure to avoid the defendant’s negligence. The right attorney will be able to identify any obstacles to your recovery and develop effective arguments in your favor.

What-is-a-Recorded-Statement-and-Why-Should-I-Care-300x200People all over the United States get into car accidents every day.  They call the liable insurance company and get funneled through to a variety of different insurance adjusters who help them work out various claims related to the wreck.  In a single wreck, a claimant may ultimately talk to 4 different adjusters from just one company, and that’s before their case randomly gets assigned to a new adjuster for personal reasons.  You might have a bodily injury adjuster, a medical payments adjuster, a property damage adjuster and (if the damage is sufficient) a total loss adjuster.  It’s all very confusing and often people may not know which adjuster they’re reaching or that there’s a difference – they just want someone to help them with their claim.

What is a Recorded Statement?

Once they finally reach the correct adjuster, it can be a big relief.  However, the adjuster is not usually friendly, pleasant or sympathetic to the caller.  In their inexperience, many people overlook a very important moment called a “Recorded Statement.”  All of us are used to being warned that we’re being recorded when we call a big corporation.  The requirement has integrated itself so thoroughly into the corporate culture that, for most of us, it’s just background noise.  When you call customer service for your bank or credit card or your internet provider or any number of other corporations you deal with on a regular basis, you’re warned repeatedly that you’ll be recorded.  It’s the cost of doing business.  This is, in large part, thanks to states like Florida in which it is illegal to record a conversation if both parties have not acknowledged and consented to the recording.  Since companies don’t always know what state their callers are calling from, they warn everyone.  And it all seems very harmless.

Should-An-Attorney-Recommend-Medical-Treatment-After-a-Car-Accident-300x200Suppose you have been injured in a car accident and have been to the emergency room or urgent care, and now need further treatment.  You have hired a Duluth personal injury lawyer to represent you, and he or she has told you to seek out a follow-up appointment with your doctor.  These instructions seem vague to you and perhaps you do not know exactly what you should do.  Your attorney is not trying to confuse you.  He or she is trying to protect your interests and preserve a credible personal injury claim in a manner that accurately represents your injuries and the integrity of your claim.

Should An Attorney Recommend Medical Treatment After a Car Accident?

There is a common misunderstanding regarding what a lawyer can and cannot, or should not, do for clients who are injured in a car accident.  It is understandable that the entire process of setting up doctors’ appointments and navigating through your treatment can be overwhelming, especially if your car has been totaled or is being repaired.  However, when it comes to personal injury claims, there are certain things that are best handled on your own, such as establishing treatment with a doctor.  Yes, your attorney can guide you through some of the processes, especially when doctors’ offices claim they cannot use health insurance if you were in a car accident.

Scootermania-300x200In Atlanta, ride sharing transportation options are plentiful.  We have everything from Uber and Lyft to bicycles and electric bicycles.  And just last May, we were introduced to electric scooters (or e-scooters) as an exciting new option.  People are turning to these dockless e-scooters to zip around the city more and more.  They provide a convenient way to move around not only for pleasure but for short commutes to avoid congested traffic.  With lower carbon footprints than cars, many eco-conscious consumers view e-scooters as a good alternative transportation option.  These appealing qualities have led to an influx of e-scooters scattered across the city, with Bird and Lime being the major operators.  Lyft and Jump (owned by Uber) have also recently entered the Atlanta market.

E-scooters are easy to find and access.  By simply downloading an app on your phone, you can locate and reserve one or you can walk up to an available e-scooter and scan the QR code.  Users pay a small fee to “unlock” it (typically $1) with an additional per-minute fee after that.  Some e-scooter operators also ask users to agree to a rental agreement, waiver of liability and release.  An example of one can be found here: https://www.bird.co/agreement/.

Unfortunately, the arrival of e-scooters has transformed communities so rapidly that our state and local governments have been unable to effectively regulate this industry or protect the public.  Complaints have steadily increased about e-scooters being left unattended, blocking sidewalks and streets, and being operated in unsafe and erratic manners.  This has led to angry and annoyed citizens who have asked for their regulation.  In fact, residents of Decatur are so fed up with e-scooters that they have tried to ban them altogether.  Others have suggested that cities adapt its roadways to add more bike lanes to accommodate e-scooter users and encourage them to stay off the sidewalks.

The national average of car accidents in the US comes down to about 6 million a year – that’s over 700 a minute. These auto accidents are of various types, and learning about such accidents can help you avoid them in the first place.

This article lists four of the most common type of collisions and what you can do to avoid falling prey to such an unfortunate tragedy.

Front-Impact Collisions

If you are involved in a car accident in Georgia, any personal injury lawsuit to recover damages must be filed within two years of the date of the accident. The argument that a claim is barred by the applicable statute of limitations can be refuted by evidence that the statute has been tolled.

In a recent case, the court of Appeals of Georgia held that the statute of limitations to file a lawsuit following a car accident was tolled by the state’s prosecution for a traffic citation issued in the accident. If you sustained injuries or property damages in a car accident, it is in your best interest to consult a Georgia car accident attorney as soon as possible to protect your right to pursue compensation from the responsible party.

Facts Surrounding the Car Accident

Allegedly, on October 16, 2014, the plaintiff and the defendant were driving on a Georgia highway when they were involved in a collision. The responding police officer issued a traffic citation to Defendant for following the plaintiff too closely. The citation indicated November 18, 2014 as the date the defendant could contest the citation in Municipal Court. The defendant paid the citation on October 27, 2014, and on November 18, 2014 the Municipal Court issued a bond forfeiture.

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