Author: sbjikd

Injured in a Rideshare Accident? Who’s at Fault?

While ride-sharing apps such as Uber and Lyft have made commutes easier, the very nature of the business can prevent you from claiming losses if you are involved in an accident in one.

When an accident occurs, the fault usually falls on one or both drivers involved in the crash. In some cases, your driver’s insurance policy may not be sufficient to cover your injuries. In such cases, you have every right to claim compensation from the company for negligent and reckless driving.

What to Do If You Are Involved in A Rideshare Accident

If you are involved in such an accident, you may or may not be covered by the insurance policy of the ridesharing company. Besides determining fault, your claim may also be contested with defenses from the insurance and rideshare service.

To deny liability, rideshare companies classify their drivers as independent contractors rather than employees. However, if you manage to prove fault, the coverage you receive will depend on whether the driver was online or offline during the accident.

For instance, if the driver was between trips and was waiting to match with a passenger, their service’s policy may not apply. Plus, if the personal auto policy of the driver excludes coverage if the vehicle is being used for commercial purposes, you may not receive compensation. However, some rideshare companies such as Uber provide liability insurance that ranges from $50,000 to $100,000 per accident. The clincher is this coverage only kicks in if the driver asks for it and if his/her personal insurance policy does not take care of the damages.

In other words, you may only be able to receive compensation from a ride-sharing service if the company’s or driver’s insurance policy allows it. If not, you can sue the company directly or seek compensation from the personal insurance agency of the driver. However, as mentioned before, if the insurance company prohibits its policyholders from using their vehicles for commercial purposes, the compensation you receive may be limited.

Shani O. Brooks Can Help You Get the Compensation You Deserve

Whether you are involved in a ride-sharing car accident or a normal auto accident, get the compensation you deserve by hiring Shani O. Brooks. Your search for a Georgia personal injury attorney ends here. We can help you recover compensation for your injuries, medical expenses and the wages you lost during your recovery period. Get in touch with us today for a consultation and find out how we can ensure that your case is heard and you receive the maximum amount.

Understanding Georgia Drinking and Driving Laws That Lead to DUIs

If you live in Georgia, driving under the influence is not worth the harsh penalties you will have to face. In Georgia, individuals who are found to be driving while intoxicated (due to drugs or alcohol) can be charged as:

Under the influence – In this case, the district attorney will have to prove you were driving while drunk or under the influence of drugs or a combination of the two. You can also be found guilty if your blood alcohol content is greater than 0.08, which will be determined by a sobriety test.

DUI ‘Per Se’ – If your blood alcohol level is 0.08 or more, your case will be a rebuttal presumption. However, no matter how low your blood alcohol content is, the officer who stopped you may charge you anyway if the officer believes your senses are impaired to the point you are an unsafe driver.

Irrespective of the DUI you are charged with, you will be charged as a criminal by the court and your driver’s license will also be suspended by the Georgia Department of Driver Services. In other words, what happens in court will have no bearing on your driver’s license and vice versa.

You may also have to pay a hefty fine and serve jail time – depending on the severity of your case or if someone got hurt because of negligence. In some cases, permanent revocation of the driver’s license is also possible.

The bottom line is: If you want to see your driver’s license again and avoid paying large fines, you should avoid a DUI in Georgia. But if you have been ticketed, reach out to an qualified Georgia attorney to discuss your case.

If you are the victim of a distracted or drunk driver or were wrongfully accused of being the latter, contact Georgia personal injury attorney Shani O. Brooks. Whether you are charged with a DUI ‘per se’ or ‘under the influence,’ we can ensure your voice is heard and your case is settled amicably. Get in touch with us today for a free consultation and an analysis of your case.

Accidents Caused from Distracted Driving

Distracted driving can lead to horrific injuries that can prove fatal for drivers, their passengers and others involved. Results of car accidents can include a totaled vehicle, significant injuries and even fatalities.

Unfortunately, despite these results, many drivers are not scared into being more vigilant behind the wheel. In the U.S., approximately 9 people are killed and more than 1,000 are injured in car accidents each day as a result of distracted driving.

Here are some causes of distracted driving that can lead to fatal accidents:

Driving Under the Influence

Using substances that impair judgment can hinder a driver’s ability to judge distance, speed and can also cause drivers to ignore pedestrians along with other hazards. When people think of “driving under the influence,” they usually think of alcohol. However, driving under the influence can include prescription or recreational drugs, which can seriously affect a driver’s judgment.

Inebriated drivers can hit someone with their vehicle, crash into other cars, veer off the road and even drive off a cliff to their death.

Eating/Drinking while Driving

While it is hard to resist eating and drinking while driving, reaching for food and drinks while driving takes your eyes off the road. A split second is all it takes for you to lose control of your car and end up in a potentially life-threatening accident where you can incur hefty court fines, or worse – a lawsuit.

Daydreaming

Long drives on roads with little to no traffic can make your mind wander. Daydreaming drivers are not focused on the road. When a driver takes their mind off the task of defensive driving, it takes longer to react, and drivers may not be able to quickly stop. Whether you are the victim of a distracted driver or a driver who was wrongfully accused of distracted driving and need a Georgia personal injury attorney, Shani O. Brooks can help. We represent injured victims throughout Georgia and are known for giving each case our complete focus and dedication. Contact us for a free consultation.

Car Accidents Involving Teen Drivers

Considered to be the riskiest drivers on the road, teen drivers are more likely to get into car accidents than adults. Compared to 20-year-old drivers, teen drivers who are between 16- and 19-years of age are more likely to be involved in serious road incidents – which can prove fatal. There are several reasons for this.

Top Causes of Car Accidents Involving Teenage Drivers

• Inexperience of the Driver

It has been observed that drivers who have less than 2 years of road experience are not capable of recognizing and reacting to dangers. Additionally, teenagers fresh out of driving school are more likely to get into an accident during their first month of driving.

Despite their enthusiasm, most teens fail to realize their road sense develops through caution and experience. This lack of caution and experience results in making more mistakes during the learning stage. Unfortunately, in some cases, most teens fail to learn from their mistakes.

• Distracted Driving

It takes only a split second for a car to careen off the road, a risk the driver makes when taking his/her eyes off the road. Besides eating and chatting with passengers, teen drivers are more likely to get into a crash while they are talking on their cell phones or texting.

The risk of accidents increases tenfold at night when visibility is significantly reduced. If teen drivers are engaged on their cell phone, the bright screen light from their cell phones can be blinding and reduce visibility when switching their eyes from their phone to the dark road ahead of them. This leads to crashes, which can prove fatal for themselves and their passengers.

• Ignoring Seatbelts

If used properly, seatbelts reduce the risk of fatalities for front seat passengers by an average of 45%. Those who don’t wear seatbelts are more likely to be ejected during a crash, which is more likely to prove fatal.

However, unlike experienced drivers, inexperienced and impulsive teenagers rarely buckle. According to statistics, the teenage demographic has the lowest rate of proper seatbelt usage among all age groups.

• Driving Under the Influence

Even experienced drivers cannot give the road their complete focus if they are drunk behind the wheel. Since teens are more likely to indulge in drinking, they are arrested more often for driving under the influence (DUI).

Besides designated drivers, teenagers are more likely to hitch a ride with a friend who is drunk, even though they are aware the driver is incapable of driving safely. Driving under the influence of alcohol is one of the leading causes of fatal car crashes among teenagers.

Whether you are a teen driver who has been involved in a hit and run, or a victim of one, you need an experienced personal injury attorney in Atlanta in your corner. Get in touch with Shani Brooks today for a consultation.

5 Things to Consider When Hiring an Atlanta Personal Injury Lawyer

After being injured in an accident, hiring a personal injury lawyer is your best bet if you want to get your claim settled fairly and receive compensation for your losses.

From evaluating your claim and doing the paperwork, to representing you in court and negotiating the best possible settlement, a lawyer can make the whole process go smoothly.

Choosing a qualified personal injury lawyer is a prerequisite for avoiding stressful time in court. Looking for an attorney can be a daunting task, especially if it’s your first time.

To make things easier for you, we’ve enlisted the top things you need to consider when hiring an Atlanta personal injury lawyer.

Availability and Communication

Communication is perhaps the most crucial aspect you can’t afford to ignore. You’d probably need to get in touch with your attorney outside of regular business hours for concerns, questions, or to clarify confusion – so make sure your lawyer is available for you.

It shouldn’t take you much time to realize whether or not an attorney is right for you based on the way they communicate with you. Ask yourself: Do they understand exactly what you try to convey? Are they compassionate towards your situation?

A lawyer who is willing to put in his best efforts to help you win the case can make the process oh-so-easy. Make sure you don’t compromise on these qualities.

Experience

When hiring a personal injury lawyer, make sure they have considerable experience working on similar cases. Their experience will allow them to answer all your questions and guide you through the whole process. Before you make a decision, consider their success record of helping other personal injury clients.

Dependability

You’re trusting your attorney with your personal injury case, so it’s important they are reliable. An ideal lawyer understands your case and has your best interest in mind. They should always treat you with respect and be willing to listen to and address all your relevant concerns.

Legal Fees

More often than not, an Atlanta personal injury lawyer works on a contingency fee basis. This means you won’t be charged any legal fee, unless the lawyer is able to get you compensation for your losses.

Before you hire a lawyer, make sure you understand the legal fees process and are aware of the details it entails. You should also ask for any miscellaneous expenses you may be billed.

Honesty

It’s important to note there are no 100% guarantees when it comes to personal injury cases. No attorney can guarantee certain results or give a certain time duration of a case.

You should be looking for a lawyer who’s not afraid to give you an honest opinion based on the details of your case. They may give you an estimated timeframe for the case, which should be realistic and tentative.

You must know that in most personal injury cases, time is of the essence. You need an Atlanta personal injury lawyer by your side who has experience handling similar cases and who is willing to get to work on your case right away.

Shani O. Brooks is a top-rated Atlanta personal injury law firm that has been helping clients get full and fair compensation for their losses for years. Get in touch with them for a free case evaluation today!

6 Things to Do after an Auto Accident

While some car accidents involve only vehicle damage, many result in injuries and even more serious consequences, like fatal injuries. During this emergency, your mind shouldn’t go blank thinking, “What to do after an auto accident?”

You need to act proactively. You should be aware of things you can do to ensure your safety and protect your interest. Here’s a list of the top six things you need to do after a car accident.

Call the Police

Following an auto accident, the first thing to do is ensure your safety, then call the police.

Even if you think your injuries are only minor, or there is only vehicle damage, calling the police is a good idea because your insurance company will ask for a police report to file a claim.

Unless they are hindering traffic, make sure vehicles involved in the collision remain at their original position.

Have an Accurate Record

When police start their investigation, make sure you reveal all details correctly. If you don’t know something, don’t guess, speculate, or misstate it.

It’s also important to note that injuries from your accident often become apparent after an hour or more. If you aren’t sure about your injuries, don’t say you were not injured.

Make sure the other party involved does not mislead investigating officers by giving false information.

Gather Evidence

If there is visible damage, take pictures of all vehicles involved in the collision. Also, if you have visible injuries, photograph them.

Notify Your Insurance Company

You should report the accident to the insurance company as soon as possible. Their policies may require you to immediately report and cooperate to the best of your ability.

Know if your insurance covers medical benefits. If it does, you will have to submit your medical bills to the insurance company.

Seek Medical Attention

We’ve said it before and we’ll say it again, don’t announce you are not injured unless you are absolutely certain you are not.

If you’re not sure, you should consider seeking medical attention at a local emergency room or consulting your family doctor. Even if the accident and apparent injuries are minor, it can certainly have an impact on your spinal cord. It’s always best to get yourself checked by a physician.

In case you were unconscious or dazed after the accident, it may be a sign of a head injury or concussion. If you don’t treat it immediately, injuries could result in further cognitive and behavioral changes.

Consult Your Lawyer

Please note, your insurance company may ask for your statement right after the accident. Before you give a statement, you need to make sure you have obtained legal advice from your attorney.

Your lawyer can guide you on issues, including your compensation for your vehicle and accessibility to quality medical treatment. Personal injury lawyers don’t charge any legal fee unless they are able to recover compensation for your injuries.

To make the process seamless and hassle-free, make sure you get the services of a qualified attorney after your car accident. Shani O. Brooks P.C. is a leading personal injury law firm dedicated to helping clients get just treatment and maximum compensation for their injuries after an auto accident.

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