Articles Posted in Auto Accidents

tim-gouw-128115-copy-300x200Accidents and injuries are part of life, and they can come upon us at the most inopportune times. One minute you can be driving down the road, and then the next you are in an accident, suffering because some other person did not follow the rules of the road. Of course, these are the risks we take to get to where we want to be. We move at high rates of speeds and reap the rewards, while at the same time taking on the risks that come with it. Fortunately for us, there are laws to protect us once we are in an accident, but those laws can be troublesome for some in certain circumstances. If you have been injured in an accident, contact an Atlanta personal injury lawyer for assistance today.

What is Assumption of Risk?

Assumption of the risk is a fairly common legal doctrine that is meant to help defendants avoid paying for an accident for which they may not be liable. The name of the doctrine may seem self-explanatory, but it is a bit more complex than the name suggests, as any Atlanta personal injury lawyer will tell you.

brandon-wong-263419-copy-200x300For some who have suffered a personal injury in Georgia, they may have encountered a legal doctrine known as avoidable consequences. This is a defense that those who cause an accident or injury use to shift the blame from them to a victim. It is one of many reasons why if you are injured in an accident, it is better to get advice and representation from an Atlanta personal injury lawyer instead of going it alone.

The primary law about avoidable consequences can be found in OCGA § 51-11-7. That section of Georgia law provides that if a plaintiff could have avoided a personal injury caused by the defendant by taking ordinary care, then he or she is not entitled to recover from the defendant. This is a harsh legal doctrine that can obstruct a victim from getting his or her just due from a person who causes a personal injury.

Examples of Avoidable Consequences

andrew-worley-301402-copy-300x200Driving without the proper amount and kind of car insurance is against the law in Georgia. Despite that fact, many drivers take the risk and operate their cars without the needed insurance. Not only do drivers have to protect themselves and others by getting insurance before driving, but they should also consider insurance in the event they are in an accident with another driver who is uninsured or underinsured. An Atlanta car accident lawyer can help answer any questions about what exact kinds of insurance are best for you.

As will be demonstrated below, the required minimum for insurance coverage in Georgia is just a beginning. According to Georgia law, the following are the limits needed to operate a car in Georgia:

  • Bodily injury liability: $25,000 per person and $50,000 per accident;

bethany-legg-14229-copy-300x200A few years ago the transportation-for-hire business was turned upside down with the advent and widespread use of new smartphone technology for sharing rides. What started out as an application on the phone to share rides with people traveling from one place to another has become the number one choice for paying for rides and getting from point A to point B. This is true across the country, from big cities like Atlanta to small towns. With this increased presence has come increased exposure to liability for the ridesharing companies. In the past, when a taxi driver took passengers from place to place, the driver and his company faced the liability possible when an accident occurred. Now that those drivers have been largely supplanted by rideshare drivers, the liability has been shifted to those drivers and to the ridesharing companies, as well. If you have been involved in a accident involving a driver for a rideshare company, contact an Atlanta car accident lawyer right away.

Conflicting Reports

Despite this clear reality, there are conflicting reports about whether ridesharing companies should be held liable when their drivers get into accidents. One recent report from Time.com included an account of the author, who was actually hit by an Uber driver when running down the street. She was fine from the accident, but it caused her to wonder whether, if she had bee seriously injured, she could have sued the rideshare company.

gilles-lambert-8649-copy-300x200We could all set our calendars by the technological announcements that are made from the biggest tech company in the world. Every fall that company announces new products and software that is sure to impact the world over. This year there was a change to the company’s main phone software that should help many of us be safer drivers on the road.

Distracted driving is one of the biggest causes of accidents, injuries, and catastrophic results on the road in Georgia and throughout the country. Everyday there are many accidents caused when drivers thoughtlessly pick up their phonse to answer a text, send a tweet, or look at some update. These accidents cause injury, pain, suffering, and even death. While many of these results can be resolved, in part, by an Atlanta car accident lawyer, it is much better to avoid them altogether.

Software Updates

esther-tuttle-280714-copy-300x200Many of the accidents that happen each year in and around Atlanta, Georgia happen because of drunk or drugged driving. So what is a victim of this kind of accident supposed to do? How is the negligent party responsible to pay for the damages that can occur as a result? Those damages can be far reaching, including lost wages, hospital bills, pain, suffering, and more. If you have been involved in an accident with a drunk or drugged driver, contact an Atlanta personal injury lawyer right away.

These and other questions are on the minds of several Lumpkin County residents after an alleged drugged driver recently crashed into a popular restaurant, injuring several people and causing a chain reaction that made nine cars crash into each other. The police quickly arrived on scene and began investigating what happened and what caused the pileup and injuries.

What happened in this case is what happens in a lot of the cases involving car accidents. Once the police investigated the cause, they determined that the man who began the chain of events and ran into the restaurant was driving under the influence of drugs. As a result, he was charged with DUI, but now the victims of this alleged crime are left wondering what their options are.

aidan-bartos-313782-copy-300x200In most cases involving a doctor, patient, lawyer, and a lawsuit, it is the patient suing the doctor over medical malpractice, or a related claim. But in a recently filed lawsuit, the tables have turned, and reports indicate that a doctor is suing his former patient and his attorneys. The underlying claim is that the doctor was not paid in full after the work he put in to prove the patient’s personal injury case following a car accident. If you need assistance with a personal injury claim, contact an Atlanta personal injury lawyer today.

This case goes back to earlier this year when the accident victim (now the defendant) was awarded a large verdict for the damages he suffered in a car accident. According to the reports, the victim was able to drive away from the accident, but the minor accident severely exacerbated prior back injuries, and resulted in the need for major treatment and pain control.

Doctor Works With Victim

feifei-peng-237571-copy-300x200
The Atlanta suburb Roswell is facing a lawsuit from a former police officer there who was in a motorcycle accident. The case brings to the fore questions about victims’ rights, federal and state law protecting those injured or disabled after an accident, and what remedies a person has to uphold his or her rights. It is also an example of how important it is to hire the right Atlanta personal injury lawyer following an accident.  

This case began in February of 2014 when the veteran police officer was doing a side job, escorting a funeral procession. On the road, during the procession, he was rear-ended by a woman driving a car, and left on the road, severely injured. As it turned out, he suffered an open-pelvic fracture, paralyzed right hand, and spent some time in a coma. All of these injuries led to a substantial period of recovery for the man.

Return to Work

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.