I Was In a Car Accident and the Other Driver Doesn’t Have Insurance

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I Was In a Car Accident and the Other Driver Doesn’t Have Insurance

A car accident can be devastating. Add the fact that the other driver doesn’t carry insurance and you are adding insult to injury. Most people assume that the at-fault driver’s insurance will take care of the damages. That would happen every time if we lived in a perfect world. However, we don’t so your chances of encountering an uninsured driver are high.

Driving without insurance is considered a misdemeanor in Georgia and the offense is punishable with fines amounting to $1,000 and 12 months in jail. Unfortunately, this does not stop some drivers from foregoing proper auto insurance coverage. In fact, according to studies, 12 percent of Georgia drivers don’t have auto insurance.

What You Can Do If You Face an Uninsured Driver

Georgia is not a ‘no-fault’ state which means that you can file a lawsuit against an uninsured driver. Such cases are handled the same way any property damage or personal injury claims are handled. If you are successful, you will have the money you need to pay for damages not only for your car, but also for your medical bills, the wages you lost when you were recovering from the accident as well as the pain and suffering you endured.

In some cases, the court allows victims to sue for punitive damages. That will only be the case if the at-fault driver behaved recklessly, which lead to the accident (such as driving under the influence). Of course, these cases require substantial and unmitigated proof of said wrongdoing. The damages you sustained can be quite substantial and would exceed normal compensation.

In such cases, getting a judgment that can ensure all of the damages you suffered are covered can be a challenge, but not if you have an experienced personal injury attorney in your corner. Keep in mind that there is a reason why some drivers don’t opt for insurance. They don’t have enough finances or assets to fund it so chances are they will try to reduce the damages you can claim.

This is where a car accident lawyer can prove invaluable such as Shani O. Brooks. If you or someone you know has been involved in a car accident in Atlanta and the at-fault driver refuses to pay for coverage, he can aid you in getting the compensation you deserve. With over a decade of experience, he is the go-to attorney for contentious cases. Get in touch with him for a consultation today.

First Steps After A Car Accident Include Calling an Attorney

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First Steps After A Car Accident Include Calling an Attorney

When Should You Call a Georgia Car Accident Attorney?

More people are dying in Georgia because of fatal car accidents than before. One of the first things you should do after getting in a car accident is to call a Georgia car accident attorney. It should be a priority if any of the following applies to your situation:

  • The crash caused significant injuries and/or proved fatal.
  • The accident involved other motorists, pedestrians, or cyclists.
  • The accident report is unclear.
  • The crash happened in a protected area, such as a school or construction zone.
  • Your insurance company or the insurance company of the other driver are being uncooperative or sending you mixed messages.

Why You Should Call a Georgia Car Accident Attorney

Here are some reasons why you should get in touch with an attorney post-accident.

Proving Liability for Injuries

One of the most difficult parts of proving a claim in a car accident case is determining the injuries you suffered were because of another’s negligence. This is important to establish. Otherwise, you will not have the right to compensation.

In most cases, the other party will try to shift the blame to you, making liability difficult to pinpoint. An experienced car accident attorney can sift through the evidence to figure out exactly who is to blame and can even build a strong argument in your favor. They have the resources and skill to build a case on your behalf. This includes:

  • Reconstructing the scene of the accident.
  • Consulting medical experts to validate the extent of your injuries.
  • Acquiring and analyzing the accident report for inaccuracies.
  • Interviewing witnesses.

Our Georgia Car Accident Attorneys Act as Your Advocates

You will be in shock and possibly a lot of pain post-accident. Fighting for compensation for your medical bills will be the last thing on your mind, even though you know you deserve it. An attorney can help you recollect your wits and make informed decisions to maximize compensation.

In fact, even if you are unhurt, your attorney will do everything in their power to do what is in your best interests. This includes asking for compensation for damages your property may have suffered because of the accident.

If you or someone you know has been injured in a car accident, get in touch with experienced attorney Shani O. Brooks in Atlanta, Georgia today. With more than 10 years of experience, he has the resources and skills to ensure your best interests are protected.

When Do I Need to Hire a Car Accident Lawyer?

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When Do I Need to Hire a Car Accident Lawyer?

Even though the number of car accidents in Georgia has dropped, that doesn’t mean you may not be involved in one. Unless you are a stunt driver, you should have an attorney on call as long as you can drive. The following scenarios can elicit the need for competent legal representation post car accident:

The Severity of Your Injuries

If you suffered from minor injuries, you may get compensated quickly by the insurance company to prevent the hassle. On the other hand, if you are severely injured in the accident, the insurer may try to reduce the settlement amount with a lowball offer. Whether you are aware of the full extent of your injuries or not, they may still try to dupe you into accepting a low offer.

Since experienced attorneys have seen their fair share of such cases, they know instantly when an insurance company is trying to fool their clients. That’s because they understand that injuries can take time to fully manifest and even doctors cannot pinpoint when that might be.

In other words, if your injuries are more serious than what the insurance company claims, you should contact an attorney immediately before accepting an offer.

You Are Unsure About Liability

In some accidents, liability can be difficult to determine. For instance, perhaps you suffered from injuries previously from other parties. Determining which ones were caused by the accident can be a challenge. In such situations, your attorney can help you come to a decision by analyzing the evidence and by hiring private investigators on your behalf.

These measures can clarify the evidence surrounding the case and uncover who is liable for damages. These are important if you wish to receive the maximum compensation possible for your injuries and the damages you and your loved ones sustained.

In some cases, the insurer may try to convince you that you are liable for the injuries to reduce compensation. He/she may try to make you sign a non-disclosure agreement to prevent legal action in the future. The worst thing you can do is sign it without the presence of an attorney. He/she will know whether the deal is in your best interests or not.

Whether you have been involved in a car accident or know someone who has been seriously injured in one, get the best legal representation from attorneys at Shani O. Brooks P.C. Attorneys at Law. We can help you get the maximum compensation you deserve. Besides being highly proficient in Georgia car accident laws, we are not afraid to represent you in court aggressively if need be.

Distracted Driving and Auto Accidents

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Distracted Driving and Auto Accidents

According to Georgia law, distracted driving includes any activity that is conducted while driving, which distracts the driver from the road and from safely operating their vehicle. The offense is punishable with serious consequences and accidents can also lead to jail time, depending on the severity of damages.

While Georgia law is focused mainly on distracted driving caused by cell phone use, drivers can be charged for other distracting behavior as well.

Cellphone Restrictions

According to driving laws in the state, drivers are prohibited to physically hold or support a wireless or standalone electronic device with any part of their body while they are driving. Besides cell phones, this also includes other devices such as tablets. The law only allows hands-free devices for driving, allowing you to drive and talk on the phone if you use an earpiece or other voice-operated technology.

Besides cell phones, wireless telecommunication devices include GPS receivers, text messaging devices and personal digital assistants. It can also include other devices used to receive and send data or texts or send/receive communication. The law also includes standalone devices such as a tape recorder used to store audio or video data, and which can be retrieved by the driver.

Exceptions to Distracted Driving Laws

In Georgia, only the following individuals and circumstances merit exceptions to the driving laws:

  • First responders such as firefighters and law enforcement who cannot perform their duties without handheld communication devices.
  • Any driver who wishes to report an emergency, crime or an accident on the road.
  • Contractors or employees of a utility service provider who are responding to an emergency – according to the scope of their employment.
  • Music streaming apps can be used as long as they are controlled via the stereo system of the vehicle.
  • Use of GPS is permitted as long as the phone is mounted.
  • In-vehicle navigation systems, security, two-way radio communication (for commercial purposes) and remote diagnostic systems can be used.
  • Dashboard cameras are permitted.

The bottom line is Georgia driving laws are quite strict for a reason. The moment you take your eyes off the road to send a text, you can end up seriously injuring yourself, pedestrians and other drivers or worse. If you have been the victim of such an accident, you have the right to be compensated for damages you deserve and need.

To ensure you get the compensation you deserve, get in touch with us at Shani O. Brooks P.C. today. We represent injured victims in Atlanta, Georgia and treat each case with the diligence and skill it deserves.

3 Types of Common Car Accident Injuries That Your Child Can Suffer From

Car Crash Victim

3 Types of Common Car Accident Injuries That Your Child Can Suffer From

According to the Centers for Disease Control and Prevention (CDC), nearly 150 children are treated each hour in ER’s across the country for crash related injuries. In Georgia, car accidents are considered to be the leading cause of injuries and fatalities in children who are 1 to 12 years of age. Some common injuries leading to these horrific statistics include the following.

Head and Neck Injuries

Head and neck injuries are most common in children who are victims of car accidents. These can cause traumatic brain injuries, contusions, skull fractures and whiplash. In some cases, the injured children can start exhibiting behavioral issues or face cognitive issues months or years after an accident.

Airbag-Related Injuries

Georgia law allows children who are 8 years old to travel in the front seat of a vehicle – if restrained in a proper car seat and if they weigh at least 40 pounds. However, they may still get injured during a crash if the air bag deploys as air bags deploy with enough force to easily fracture necks and facial bones.

Glass Related Injuries

A broken windshield or shattering windows can cause lacerations on a child’s face and body – depending on the severity of the crash. This can lead to long lasting scars, facial trauma and dental injuries, causing disfigurements or worse.

Georgia Laws About Child Safety

According to Georgia Law:

  • Children who are under 8 years of age and are less than 57 inches in height should travel in the backseat of a vehicle in a booster chair unless there is no room.
  • If the vehicle does not have a back seat (such as a truck), or if there are other children in the back who need to be restrained as well, the 8 year old child can sit in the front seat with restraints.

Violation of these laws can lead to a $50 fine. However, if you find yourself in a car accident and your children are injured, the aftermath can be heartbreaking and way more costly. At Shani O. Brooks P.C., we understand your pain as a parent and can help you get the compensation you deserve and need from the guilty parties. We can even let you know how much you case is worth. Our skilled attorneys can represent you in court if need be and are not afraid to take out the big guns if it can lead to a successful case. Get in touch with us in Atlanta, Georgia for a consultation today.

Facts About Lost Wages and Income in Injury Lawsuits

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Facts About Lost Wages and Income in Injury Lawsuits

Just because you are injured doesn’t mean you should lose out on your salary or source of income. Here are some facts you should be aware of if you wish to file a Workers’ Compensation Claim or wish to recover lost wages in an injury lawsuit in Atlanta, Georgia

You Have to Prove ‘Lost Wages’

Lost wages’ are basically economical damages, which means you can place a dollar amount on the wages you lose after you are incapacitated. To be eligible for the compensation, you will have to prove the amount you lost.

The first thing you need to do is keep track of any medical documents you receive, proving you have work restrictions. This includes written notes from your doctor(s) saying you cannot return to your job, along with the timeframe of your recovery period. Both you and your employer should have a copy of these documents for your records.

Secondly, make a list of the time you missed when you were recovering from your injuries by keeping track of time used for your doctor’s appointments. This will serve as proof of lost wages and can also allow you to show the dollar amount you lost post-accident.

If you have no choice but to take extended time off due to your injuries, you can also use your tax records to prove lost wages. Make sure you also get a lost wage certification from your employer, documenting the exact time you missed from work, as well as your existing salary amount.

You Can Get Compensation for the Time You Missed Out on Work

If you have an attorney who is experienced enough to ensure your accident claim is a success, you should be able to receive compensation for wages you lost. This includes the dollar amount you lost as you were recovering at home or in the hospital, as well as for when you visited the doctor for your appointments and for physical therapy sessions. Most people don’t know this, but you can also use up your sick or vacation leaves and receive full compensation for the income you lost.

If you were injured in a car accident in Atlanta, Georgia and the at fault insurance company is refusing to compensate you for your lost wages, get in touch with the attorneys at Shani O. Brooks P.C. You need that money to support yourself and your family and we can help you get it with fair and aggressive representation.

You’ve Been in an Accident and Your Car is Totaled, Now What?

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You’ve Been in an Accident and Your Car is Totaled, Now What?

Totaling a vehicle in an accident can be devastating – not only financially, but as well as emotionally. If you spent years saving up for the vehicle, only to see it totaled later, your anger is justified. The good news is you can get compensated for the damages. To increase your chances of claiming damages, here are some things you should do right your vehicle accident.

Call a Towing Company – Since the vehicle is totalled, it is probably not drivable. Call the towing company to tow it to a place of your choosing such as a body shop or a salvage yard near your home. If they are accessible from the totaled vehicle, make sure all your personal belongings are removed before the vehicle is towed.

Take Pictures – The other driver’s insurance company will need to be convinced that your vehicle is a total loss. Take pictures of the vehicle from every angle and present it as proof – preferably before it is towed away. If you are too injured to do so, ask a friend or a witness to do this.

Take the Vehicle to a Repair Shop – If the vehicle can be repaired, you can and should take it to a repair shop of your choosing.

What is ‘Total Loss’?

According to Georgia Law, ‘total loss’ or totaled is used in car claims where the expenses for repairing a totaled vehicle is more than what it is worth. This will also be the case if the cost to get the vehicle repaired is a certain percentage of its value. This is usually 70 percent or greater.

While the state of Georgia does not have a formal legal definition for such cases, the term ‘totaled’ is used to determine whether the vehicle needs to be repaired or replaced. If it is a complete and total loss, the insurance company of the other driver must pay you the replacement value of the vehicle.

This can go one of two ways. Either the insurance company will pay you the cash equivalent of the totaled vehicle or replace the vehicle – provided it is insured. However, chances are the insurance company may not be as cooperative as it should be. In that case, you should hire an attorney to ensure you get the compensation you deserve, but do so quickly or you may lose out.

If that is the case, get in touch with the attorneys at Shani O. Brooks P.C. We represent injured victims in Atlanta and across the state of Georgia and have no qualms about confronting insurance companies on their own turf if need be. Get in touch with us for a consultation today.

Does Insurance Cover an Atlanta Rideshare Accident?

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Does Insurance Cover an Atlanta Rideshare Accident?

If you use ride sharing apps regularly in Atlanta, Georgia, you are protected the moment you get into the vehicle until you are dropped off at your destination. This is important because even though services such as Lyft and Uber have increased in popularity, so have the number of accidents they are involved in. Here is how you are covered by both services in case the rideshare vehicle you are traveling in gets into an accident.

Insurance That Applies For Uber Accidents

All Uber drivers are given liability insurance and their passengers also have uninsured motor coverage – courtesy of the ridesharing service. If a driver has not accepted a trip request and does not have any passengers, he/she gets liability insurance amounting to $50,000 for bodily injuries per person. This includes $100,000 per occurrence and $25,000 to cover property damage.

If the driver accepts a trip, that is when additional insurance applies. After the trip is accepted, Uber provides the driver more than $100,000 liability insurance and the same amount for uninsured motorist coverage. If the driver is found to be at-fault for an accident, the former insurance will come into play. If someone else caused the accident and does not have insurance, the second one will apply.

Insurance That Applies For Lyft Accidents

Like Uber, Lyft also offers its drivers liability insurance and uninsured motorist coverage for them, as well as their passengers. If the driver is in drive mode, but has not picked up their passenger, the ride sharing service offers contingent liability insurance if the driver’s insurance is not available.

This includes coverage amounting to $50,000 per person and about $100,000 per accident – if the accidents result in injuries. $25,000 is offered for property damage. As soon as a request is accepted, primary liability insurance and uninsured motorist insurance come into play throughout the ride until it ends. This can amount to $1,000,000 per accident.

So if you are injured in a ride sharing service in Atlanta, you should notify your insurance company immediately. If you delay, you may lose out on the compensation you deserve. Can you really afford to pay for surgery and car repairs out-of-pocket? If you have been injured in an accident or want to ensure your injured passengers get the compensation they deserve from the other driver, get in touch with Shani O. Brooks P.C. for a consultation today.

Georgia Fault Laws Pertaining to Car Accident Cases

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Georgia Fault Laws Pertaining to Car Accident Cases

Georgia follows a fault-based system. In other words, any driver who causes an accident on the road because of negligence can be held liable for property damages resulting from the accident. Individuals injured in the accident can receive compensation in three (3) ways:

  1. By filing a claim with their insurance company, which will seek compensation from the of the at-fault driver’s insurance company.
  2. Directly file a claim with the other driver’s insurance company.
  3. Sue the other driver in civil court by filing a personal injury lawsuit.

After examining the circumstances and evidence surrounding your case, a car accident attorney will let you know which option is in your best interest.

To ensure you get the compensation you deserve, you should take certain steps to report the accident right after it occurs – if you are able to. Even if there are no injuries, take pictures of everything at the scene of the crime as evidence. This includes the damages sustained by both vehicles.

Plus, do not leave the area until police arrive and make a report. You are legally required to remain there. It does not matter if you were the primary cause of the accident or not. It is also important to note you can be held liable if you are found to be under the influence of alcohol or drugs during the accident.

If you decide to file a claim to receive compensation for injuries, you have two (2) years to do so or risk forfeiting it. The claim must be made within two (2) years from the date of your injury. If your car sustained damages, you have four (4) years to file a claim to receive compensation for your property damage. Just informing the insurance company about the accident will not count. You must file a personal injury claim in court within two (2) years of the accident to sue for damages.

If you are looking for a personal injury attorney in Atlanta, Georgia, get in touch with us at Shani O. Brooks P.C. today. We offer custom representation and personalized attention to ensure our clients receive the compensation they deserve.

Merging and Semi Trucks

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Merging and Semi-Trucks

Semi-trucks look monstrous on the road. Getting into an accident with one is the last thing you want to do. Unfortunately, such incidents are not uncommon in Georgia, which has strict driving laws, which should keep other drivers, bicyclists and pedestrians safe on the road.

Most of these accidents occur due to driver errors, the most common being ‘right of way’ violations. The term is used to determine which driver should change lanes, enter roadways, take turns, move across intersections and merge into traffic on the road. If truck drivers make those violations, the accidents that result from them are usually fatal. These are common when they are trying to merge into traffic.

How Merging Should Work and What Can Result from An Accident

When you want to merge into traffic, you need to signal your intent to do so before entering traffic and other drivers should give you the right of way. While they don’t need to come to a complete stop or even slow down, they shouldn’t speed up with the intent to prevent you from merging.

You should also make sure you have enough space to merge into traffic prior to merging. Semi- truck drivers can have more difficulty merging because they have several blind spots because their vehicle takes up much more space than a car.

A merging accident can involve a simple side swipe, which can make the driver lose control of their vehicle, run off the road and strike another vehicle.

However, a merging accident with a semi-truck can have more serious consequences. You can sustain serious injuries, permanent scarring, disfigurement and even paralysis. If you are bedridden after the accident, you can lose your job, wages and must endure immense pain and suffering from injuries and trauma from the accident.

Common Causes of Merging Accidents

Driver Inattention – This is one of the most common reasons for merging accidents and particularly those involving trucks. Drivers who are tired, focused on their cell phones, which comes with a hefty fine, fiddling with the electronics in their cabin or distracted by anything else, can change lanes without giving heed to other vehicles on the road.

Limited Visibility – Tractor trailers have several blind spots with two of them on the sides. As such, drivers can cause an accident because truck drivers cannot see other vehicles when merging. However, the latter is at fault since most of these accidents are caused by a distracted truck driver. As such, they need to check whether any other vehicle is in their blind spots before changing lanes or merging.

If you or someone you know has been injured in an accident involving a commercial truck in Atlanta, you need a knowledgeable and experienced attorney in your corner. Get in touch with us today at Shani O. Brooks P.C. Attorneys at Law and get the compensation you deserve. Allow us to help you protect your rights during this difficult time.