Articles Posted in Auto Accident Injuries

niklas-rhose-14302-copy-300x225Most people have probably heard the term, “statute of limitations,” and it is likely that there is a vague understanding of what it means in the general public. In most instances, when people refer to a statute of limitations, they are talking about a crime and how the state cannot prosecute someone if it waits too long before filing suit. The legal term, “statute of limitations” applies more than just criminal law, however. If you have questions about the statute of limitation in your case, contact an Atlanta personal injury lawyer today.

The civil side of the law also has statutes of limitations. This means that there are limits on how long a person can take to make a claim for something like a personal injury, breached contract, property loss, and other types of claims. Each of these claims has a statute in the Georgia code limiting when a claim can be brought, which a personal injury attorney in Atlanta can help you understand further.

Personal Injury

nabeel-syed-2856-copy-300x200Many car accident personal injury cases involve multiple potential defendants and whenever a lawsuit has multiple potential defendants, liability issues can get complicated pretty quickly. The first issue in cases involving multiple potential defendants is determining the legal basis for liability of each potential defendant. The second issue is determining the proportion of liability for which each defendant is responsible. Anyone who has been involved in a multi-vehicle accident needs to speak with an experienced Atlanta car accident lawyer as soon as possible about his or her particular circumstances.

Multi-Car Accidents

The most frequently encountered car accident situation involving multiple potential defendants is a multi-car accident. Multi-vehicle accidents occur every single day in Atlanta. In these cases, multiple vehicles end up in a collision together. The genesis of the accident might be a single negligent driver whose actions produce a chain reaction of other cars colliding into one another, or several vehicles could be involved in an accident together. Whatever the circumstances of the multi-vehicle wreck are, it will be critical to determine each vehicle’s comparative fault in causing the accident.

dont-do-it-yourselfReported motor vehicle accidents resulting in death have increased for the second year in a row.  Currently the number of fatalities caused by motor vehicle accidents in Georgia is more than twice the national average.  Distracted driving, speeding, and alcohol have all been linked to this increase and currently the statistics show no indication that the numbers will decrease.  Even though thousands of motor vehicle accidents take place each year most people are ill-prepared when they find themselves involved in a fender bender.  After an accident occurs many people are tempted to handle insurance claims without legal assistance, and while it is possible to settle a claim without help there are dangers associated with do it yourself accident claims negotiations.

Friendly Claims Adjusters

It is not unusual for claims adjusters to present themselves as caring and concerned individuals who are eager to help you move forward with the claim.  In reality the claims adjusters are the employees of a company that expects them to spend as little money to settle a claim as possible.  They want to protect their company and ultimately want to look out for the other driver who pays their company for coverage.  Often people handling their own insurance claims are lulled into a false sense of comradery that is used to get them to make statements that ultimately hurt their claim.

keep-calm-and-shhhhhThe period immediately following an accident often sets the tone for the insurance claim process.  Though the claims adjuster representing the other party’s insurance company may seem friendly, their primary concern is saving their company money while protecting the individual they insure.  During the claims process the adjuster can use your statements, actions, and behavior against you making it difficult to receive compensation.  Being aware of what not to say after an accident may reduce your chances of doing something that compromises your case.

Avoid Apologizing for the Accident

Immediately following a vehicle accident it is not unusual for drivers to apologize to the owner of the other vehicle.  Even if the other driver is at fault, it is considered common courtesy apologize especially when speaking to someone who is physically injured.  Unfortunately, telling the other driver or the individuals occupying their vehicle that you are sorry may be construed as an admission of fault.  While you will need to talk to the other party in order to exchange insurance information and other details, do not apologize for the accident even if you secretly believe that you were partly responsible.

According to an article in the Norcross Patch, just last week a Gwinnett police officer seriously injured two pedestrians when the officer’s car left the roadway, drove up on the curb, and struck the pedestrians who has been walking on the sidewalk. One pedestrian suffered life-threatening injuries and was taken to Gwinnett Medical Center, while the other pedestrian’s injuries are reported as not life-threatening. This pedestrian accident is a strange one because there is currently no explanation as to why the accident occurred. How and why the officer left the roadway is currently under investigation, the outcome of which will likely have a big impact on the pedestrians’ personal injury lawsuit, should they choose to sue.

At first glance, one might assume that the police officer who was driving will automatically be held legally liable if there is a resulting lawsuit. But is this always the case? In automobile-pedestrian accidents is the driver always at fault? Can the pedestrian ever be liable? This article provides a brief overview of the laws in Georgia that generally apply in pedestrian accidents and seeks to explain how pedestrians in Georgia can in fact be legally liable, either partially or wholly, in automobile-pedestrian accidents.

How is Fault Determined in an Automobile-Pedestrian Accident?

Ridesharing companies such as Uber and LYFT have changed many people’s ideas about driving or renting a car, while providing stiff competition for taxi drivers and cab companies throughout the country.  Through a simple request via the internet, Uber and companies like it offer fast and affordable service when you need it, without having to have cash on hand. Recently, Uber unveiled the news that it would begin featuring driverless cars in some markets, a technology that has been in the works, yet not likely to impact regular consumers at any time in the near future. The company’s announcement raises ongoing concerns about car accidents or injuries and how they are handled by ridesharing companies. Whether you rely on ridesharing on a regular basis or just on certain occasions, you will want to be aware of these concerns, as well as when Ubers new self-driving cars may hit the Florida area.   OLYMPUS DIGITAL CAMERA

Uber’s Self Driving Car

According to an August 2016 report in Scientific American, Uber chose to introduce its driverless car in Pittsburgh, PA, where the company’s technology center is located. One of several companies, including Tesla and Google, to put its resources to work in developing self-driving technologies, the unveiling will serve as a pilot program, allowing the company’s drivers to monitor the system while engineers collect data and take notes. Using a modified Volvo SUV, the self-driving vehicle is equipped with a passenger side steering and brake system, allowing a human driver to take over if needed, and plans are in place to modify several Ford Fusions to accommodate passengers during the project as well. According to the report, Uber is not the only ride sharing company looking to eliminate the need for drivers. General Motors recently invested a half million dollars in Lyft, Uber’s competitor, to begin testing self-driving technology on the Chevrolet Bolt.

Uber and Lyft Liability in Car Sharing Accidents
Real-time ridesharing is a service that provides transportation at a short notice. This service requires GPS navigation capability, a Smartphone, and access to one’s debit card. The major difference between real-time ridesharing services and ordinary taxicab services is the employee/employer relationship. If a passenger were to be involved in an accident the liability would be attributed to the taxicab company under the theory of vicarious liability. Conversely, a passenger using a ridesharing service will be limited in collecting only from the driver due to his role as an independent contractor.

Uber, a new traveling craze that has become popular in the most recent years, provides convenience and efficiency to its customers. Customers have the ability to not only request a ride, but they are able to pay for the ride via their Smartphone. Uber drivers use their own vehicle to transport passengers. One might say that Uber is a “go-between” or 3rd party whom offers a service. Uber has received criticisms in regard to their screening process and failure to properly train their drivers. Additionally, issues of liability is accidents have arisen.

Lyft, a competitor of Uber, is privately-owned and offers the identical service of peer-to-peer ridesharing. The major difference between the service providers is the fact that Uber exists in more major cities than the smaller company, Lyft.

texting and driving bans effect on car accidents
We all have the impulse to do something extra while in operation of a motor vehicle. Whether it is chatting on the cellphone, changing the radio station, eating, and the most infamous activity, texting, as you look to your left and right there is a high likelihood that your neighboring motorist is doing one of the four. These activities are as common as using a signal light, but they are the most dangerous acts you can engage in while driving. Specifically talking and/or texting on your cellular device, which diminishes your ability to stay alert, while leading to cognitive strain that lessens your concentration on the most important part of driving, FOCUSING ON THE ROAD IN FRONT OF YOU! Many states have proposed new laws that will ban texting/talking on handheld devices while driving. The belief is that stricter guidelines concerning the matter, such as bans, will deter those who text/talk while driving. However, it has been reported that in four states where the bans took effect accidents increased compared to those states who did not implement a ban. The likely reason is because humans are creatures of habit and with the dependency on cell phones and other gadgets, those motorists will continue to use them by doing so in a concealed effort. The attempt to hide the use increases danger because now the driver not only has to focus on the road, but they must look out for law enforcement, and “hit the like button on Facebook.”

The State of Georgia proposed texting/talking bans back in 2010 after studies conducted from previous years showed that 80 percent of the crashes and accidents were a result of inattentiveness or distracted driving. A study conducted by the Virginia Tech Transportation Institute (VTTI) and the National Highway Traffic Safety Administration (NHTSA) determined that those who regularly engage in the act of texting or talking on cellphones while driving increase their likelihood of being involved in an accident.

THE NUMBERS:

Distracted driving car accident
Your dog is jumping from window to window, not to mention in your lap. You are applying lipstick, lip liner, and mascara. You phone is ringing continuously. You want to hear a different song, where is that auxiliary chord?  Your hands need lotion, look at those nails. All of the above are common activities that take place while one is in operation of a motor vehicle! On your commute to work, quickly glance around at the people driving around you, what are they doing?

The majority of them are looking elsewhere but for some mysterious reason the traffic moves along In 2013, 3,154 individuals were killed in distracted driving crashes. The CDC or Center for Disease Control defines distracted driving as driving while doing another activity that takes your attention away from driving. Driving while distracted can be equated to driving while under the influence . Your reaction time is possibly diminished, your focus is not on the road, and keep in mind that a collision can take place within seconds. Distractions are created, whether they be large or small, they can be deadly.

Much importance isn’t placed on the age of the individual, due to wide-usage of cellular phones and GPS devices. It make you wonder, how did people find their way around before that phenomenon. Easy answer, they would pull over and reference a map, brilliant right? With the sophistication of technology, getting around has not only become easier, but more dangerous.

Hiring A Car Wreck Attorney In Atlanta
85 South is congested and an absolute nuisance the majority of the day, especially during the workweek as one travels throughout the overpopulated city of Atlanta. But just as any other city, from the hours of 4pm-5pm, this very highway is crammed and traffic is bumper-to-bumper. You are leaving your place of employment, just off of Peachtree Road and you enter the highway. You are nearly hit by an oncoming 18-wheeler, still frazzled from the “almost accident” you cautiously continue your commute. As you merge into the inner lane, you are hit. Not with too much force, but enough that you and the other motorist disengage to check out the damage. As soon as you exit your vehicle you hear, “Are you alright?” “I’m so sorry, I didn’t even see you!” Before you have an opportunity to respond the other motorist is already inspecting your bumper and offering to cover the expenses. Music to your ears, right? The following day you receive a call from the other motorists’ adjuster. You are berated with questions and by the end of the day, after several calls, you begin to think that the accident might have been your fault.

There are several points that one must consider after an accident:

  • Personal Injury