What Is Personal Injury Protection

Life has a way of throwing curveballs at us when we least expect it. One moment, you’re cruising down the road, enjoying the scenic views, and the next, you find yourself amid an unexpected accident. In such moments, having a safety net becomes crucial, and one such safety net is Personal Injury Protection, commonly known as PIP. In this blog post, we’ll take a closer look at “What is Personal Injury Protection?” how it works, and why it might just be the unsung hero in your insurance policy.

What Is Personal Injury Protection?

So, what exactly is Personal Injury Protection? At its core, PIP is a type of insurance coverage that provides financial protection for medical expenses and, in some cases, lost wages and other damages resulting from an automobile accident. Unlike traditional liability insurance, which covers damages to other people and their property, PIP is designed to cover the policyholder, regardless of who is at fault in the accident.

In simpler terms, if you’re involved in a car accident, your PIP coverage steps in to help cover your medical bills and certain other expenses, regardless of who caused the accident. It’s like having a safety net that catches you when you fall, providing you with the peace of mind that you won’t be left high and dry in the aftermath of an unfortunate incident.

How Personal Injury Protection Works

Now that we have a basic understanding of what Personal Injury Protection is, let’s delve into how it works. PIP typically covers a range of expenses related to injuries sustained in an automobile accident. The specific coverage can vary depending on your insurance policy and the laws in your state, but here are some common elements of PIP coverage:

Medical Expenses

The primary purpose of PIP is to cover medical expenses resulting from a car accident. This includes hospital stays, doctor visits, surgeries, and even rehabilitation costs. The coverage extends to the policyholder, passengers, and sometimes even pedestrians or cyclists involved in the accident.

Lost Wages

In addition to medical expenses, PIP may also cover a portion of your lost wages if you’re unable to work due to the injuries sustained in the accident. This can be a lifeline for individuals who rely on their income to meet their financial obligations.

Funeral Expenses

In unfortunate cases where a car accident leads to a fatality, PIP may cover funeral and burial expenses. While it’s not something we like to think about, having this coverage can ease the financial burden on grieving families.

Essential Services

Some PIP policies may cover the cost of hiring someone to perform essential household services that you’re unable to do because of your injuries. This could include tasks like cleaning, grocery shopping, or childcare.

The “No-Fault” Advantage

Personal Injury Protection (PIP) stands out for its no-fault coverage, ensuring that individuals receive financial assistance for medical expenses, lost wages, and related damages, regardless of who caused the automobile accident. This unique feature streamlines the claims process, providing prompt support to policyholders without the need for lengthy investigations into fault or liability.

This no-fault approach is designed to streamline the claims process and ensure that individuals receive prompt medical attention and compensation without the need for lengthy investigations into fault. At the same time, not all states follow a no-fault system; those that do believe in providing swift assistance to those in need, especially when it comes to medical expenses and recovery.

Liability Coverage

Personal Injury Protection (PIP) complements liability coverage by offering a unique layer of protection that extends beyond damages to others. While liability coverage focuses on external damages, PIP ensures comprehensive financial support for medical expenses, lost wages, and related damages incurred by the policyholder in the event of an automobile accident.

Level of Coverage

Choosing the right level of Personal Injury Protection is pivotal in safeguarding against unforeseen circumstances. Evaluating your potential medical costs, lost wages, and overall financial needs allows you to tailor your PIP coverage to provide a well-rounded and effective shield, ensuring you have the appropriate level of protection on the road.

Additional Coverage

In addition to its core benefits, Personal Injury Protection often allows for additional coverage options, such as coverage for funeral expenses, essential services, or increased policy limits. Exploring and customizing these additional coverage options ensures a personalized and robust PIP policy that aligns perfectly with your unique requirements and concerns.

Why Personal Injury Protection Matters

You might be wondering, “Why do I need Personal Injury Protection when I already have health insurance and other types of coverage?” Well, PIP serves as a crucial supplement to these existing policies, offering a level of protection that extends beyond traditional health insurance. Here are a few reasons why PIP matters:

Quick Access to Medical Care

In the immediate aftermath of a car accident, getting prompt medical attention can make all the difference in your recovery. PIP ensures that you have quick access to medical care without the need to wait for the resolution of fault or liability disputes.

Coverage Regardless of Fault

As mentioned earlier, PIP operates on a no-fault basis, meaning you’re covered for your injuries regardless of who caused the accident. This can be particularly beneficial in situations where the fault is unclear or disputed.

Protection for Passengers

PIP doesn’t just cover the policyholder; it extends its protective umbrella to passengers in the insured vehicle as well. This is a crucial consideration, especially if you frequently have friends, family, or colleagues riding with you.

Financial Safety Net

Accidents can have a significant financial impact, from medical bills to lost wages and other related expenses. PIP provides a financial safety net that can help you weather the storm and focus on your recovery without the added stress of mounting bills.

Auto Insurance Requirement

In many states, Personal Injury Protection (PIP) is not just a wise choice but a mandatory component of auto insurance. Recognized as a crucial safety net, PIP ensures compliance with auto insurance requirements by offering coverage for medical expenses, lost wages, and other damages, providing drivers with a comprehensive shield against the unexpected.

Policy Limit

Understanding your Personal Injury Protection policy limit is paramount in securing adequate coverage. This limit represents the maximum amount your policy will pay for covered expenses, emphasizing the importance of a careful evaluation to ensure that your PIP policy aligns with your potential medical costs and financial needs in the aftermath of an automobile accident.

Conclusion – What Is Personal Injury Protection

In the unpredictable journey of life, having the right safeguards in place can make all the difference. Personal Injury Protection, with its focus on providing swift and comprehensive coverage for medical expenses and related damages, stands as a beacon of support in the aftermath of a car accident.

As you navigate the roads and highways, remember that accidents can happen to anyone, regardless of how careful you are. PIP ensures that, in times of need, you have a reliable ally that prioritizes your well-being. So, the next time you review your insurance policy, take a closer look at your Personal Injury Protection coverage – it might just be the unsung hero you didn’t know you needed. Check out “What To Expect From A Personal Injury Lawyer” to help you make informed decisions and assert your rights with confidence.

Ready to secure your peace of mind on the road? Dive into a world where accidents don’t translate to financial chaos—experience the difference with Shani Brooks Law. With our seasoned expertise in navigating the intricacies of Personal Injury Protection, ensure that you’re not just covered but confidently shielded against the unexpected twists of life. Your safety matters; trust Shani Brooks Law to be your steadfast ally on the journey to comprehensive and hassle-free personal injury protection. Visit our website now!

FAQs: What Is Personal Injury Protection?

How does PIP differ from traditional auto insurance?

Unlike traditional liability insurance, which covers damages to others, PIP is designed to cover the policyholder, passengers, and sometimes pedestrians or cyclists involved in the accident, operating on a “no-fault” basis for swifter compensation.

Is PIP mandatory, or is it optional?

The requirement for PIP varies by state, with some states mandating its inclusion in auto insurance policies. It’s crucial to check your state’s regulations to determine whether PIP is a mandatory component of your coverage.

What expenses does PIP typically cover?

PIP coverage typically includes medical expenses, lost wages, funeral expenses, and, in some cases, essential services such as household chores that the injured party is unable to perform due to their injuries.

How does the “no-fault” system work in PIP?

The “no-fault” system in PIP means that each party involved in an accident is responsible for their own injuries and related expenses, regardless of who caused the accident. This system is designed to expedite the claims process and ensure prompt assistance to those in need.

January 12, 2024

Georgia Personal Injury Statute Of Limitations

Personal injury law in Georgia, much like in other states, encompasses a variety of situations where individuals suffer harm due to the negligence or intentional actions of others. This broad legal field covers incidents ranging from automobile accidents to slip-and-fall occurrences, medical malpractice, and product liability cases.

Essentially, when an injury is inflicted upon a person due to the fault of another, be it an individual, a company, or even a governmental organization, Georgia’s personal injury law provides a pathway for the injured party to seek compensation.

The importance of understanding the statute of limitations cannot be overstated. It acts as a fundamental gatekeeper in the legal process, determining whether a case can proceed or not, irrespective of its merits. This is why individuals need to be aware of these time limits, as they vary depending on the type of injury and the specific circumstances of the case. In Georgia, like in many other jurisdictions, these time frames are strictly enforced, and exceptions are few and far between.

Below, we will examine the nuances of the Georgia Personal Injury Statute of Limitations. We will explore its general time frame, examine the specific circumstances that may affect this period, and discuss the various types of personal injury cases and their respective limitations.

Additionally, we will highlight the exceptions and special circumstances that can alter these time limits. We aim to provide a comprehensive guide that not only informs but also aids individuals in understanding their rights and the importance of timely legal action in personal injury cases in Georgia.

Understanding Georgia’s Statute of Limitations

The concept of the statute of limitations is pivotal in the realm of personal injury law, serving as a critical legal deadline for filing lawsuits. In the context of personal injury cases, this statute sets a fixed duration during which an injured party can initiate legal proceedings against the entity responsible for their injury.

The underlying principle of the statute of limitations is to ensure fairness and efficiency in the legal process. It is designed to encourage prompt filing of claims, thereby ensuring that evidence remains fresh and reliable and that legal disputes are resolved within a reasonable timeframe.

In Georgia, the general time frame for filing a personal injury lawsuit is typically two years from the date of the injury. This time frame is crucial as it dictates the window within which a victim must take legal action. It’s important to note that this period can vary depending on the specifics of the case.

For instance, claims against government entities may have different time limits, and cases involving medical malpractice or wrongful death might also follow different rules. The commencement of this period is usually from the moment the injury occurs or when it was discovered, which is particularly relevant in cases where the injury was not immediately apparent.

The existence of statutes of limitations is grounded in the pursuit of justice and efficiency. From a practical standpoint, these statutes help prevent the indefinite hanging of a legal threat over someone’s head. Over time, memories fade, evidence becomes less reliable, and witnesses may become unreachable, all of which can lead to a less fair and efficient judicial process. By setting a deadline, the statute of limitations aims to ensure that claims are made while the information and evidence are still relatively fresh, thus promoting accurate and just outcomes.

Moreover, statutes of limitations reflect a societal acknowledgment that people should have the ability to move on with their lives without the indefinite risk of litigation. This legal construct balances the need for victims to have their day in court with the necessity of bringing legal disputes to a conclusion within a realistic and fair timeframe.

Understanding this balance is crucial for anyone involved in a personal injury case, as it underscores the importance of taking timely legal action and being aware of the legal timeframe within which their rights can be exercised.

Specifics of Georgia’s Personal Injury Statute of Limitations

Delving into the specifics of Georgia’s personal injury statute of limitations reveals a landscape marked by varying time limits and exceptions, depending on the nature of the injury and the circumstances of the case.

Generally, in Georgia, the statute of limitations for personal injury claims is two years from the date of the injury. However, this timeframe can differ based on the type of personal injury case, making it crucial to understand these variations to ensure legal rights are not forfeited due to missed deadlines.

For instance, in car accident cases, the two-year statute of limitations typically applies. This means that an individual injured in a car accident must file a lawsuit within two years from the date of the accident. However, if the car accident led to a wrongful death, the time frame to file a lawsuit is also two years, but it starts from the date of the victim’s death, which might be different from the date of the accident.

In cases of medical malpractice, the standard is more complex. While the general rule is a two-year limit from the date of the injury or death, Georgia law allows for a discovery rule in these cases. If the injury was not immediately apparent, the statute of limitations may be extended to five years from the date of the act that caused the injury. However, it is crucial to note that there is an absolute limit – a case cannot be filed more than five years after the date of the act, regardless of when the injury was discovered.

Slip and fall cases, another common type of personal injury claim, also adhere to the two-year limitation period. This period begins from the date of the accident. However, if the claim is against a city or county government in Georgia, the time frame to present the claim is significantly shorter – often as brief as six months.

To illustrate these differences, consider the following scenarios: In a car accident case, if the accident occurred on January 1, 2021, the injured party has until January 1, 2023, to file a lawsuit. In a medical malpractice case, if an incorrect procedure was performed on January 1, 2021, but the error was only discovered on January 1, 2023, the patient might have until January 1, 2026, to file a lawsuit, subject to the five-year cap. In a slip and fall case on a city-owned property that occurred on January 1, 2021, the claimant may need to present their claim by July 1, 2021.

These examples highlight the importance of understanding the specific timelines and exceptions applicable to various types of personal injury cases in Georgia. Knowledge of these specifics is not just academic; it directly impacts the ability of an injured party to seek justice and compensation. Missing these critical deadlines can mean forfeiting the right to legal recourse, underscoring the need for timely action and, often, the guidance of a knowledgeable attorney.

Exceptions and Special Circumstances

The standard statute of limitations in Georgia’s personal injury law, while clear in its general framework, is subject to several exceptions and special circumstances that can significantly alter the time frame within which a lawsuit must be filed. These exceptions are crucial for ensuring that the law accommodates various situations where the standard time limits may not be appropriate or fair.

Exceptions For Minors

One key exception is for cases involving minors. In Georgia, if the injured party is a minor at the time of the injury, the statute of limitations does not begin to run until they reach the age of majority, which is 18 years. This means that a minor has until their 20th birthday to file a personal injury lawsuit, regardless of when the injury occurred. This exception is designed to protect the rights of minors who may not have the capacity or legal standing to initiate a lawsuit on their own.

Exceptions For Persons With Mental Incpacities

Similarly, there are provisions for cases involving individuals with mental incapacitation. If a person is legally deemed mentally incompetent at the time of the injury, the statute of limitations is tolled or paused until the condition is resolved. This provision ensures that individuals who are unable to understand or act on their legal rights are not unfairly penalized.

The concept of “tolling” is integral in understanding these exceptions. Tolling refers to the legal mechanism that pauses or delays the running of the statute of limitations under certain circumstances. Besides mental incapacitation and minority, tolling can also occur in situations where the defendant is out of state and cannot be served with a lawsuit or in cases of fraudulent concealment where the defendant has taken active steps to hide their liability.

Legal precedents in Georgia have played a significant role in shaping these exceptions. Notable cases have established and refined the parameters of these exceptions, providing clarity and guidance on how the law is applied. For example, court decisions have delineated the boundaries of what constitutes mental incapacitation and how it should be legally recognized, thereby influencing how the statute of limitations is applied in such cases.

These exceptions and special circumstances highlight the complexity and flexibility of the statute of limitations in Georgia’s personal injury law. They underscore the importance of understanding not just the standard rules but also the nuances that can affect the legal rights and obligations of those involved in personal injury cases. For individuals navigating these legal waters, awareness of these exceptions is crucial, as they can have significant implications on the ability to seek justice and compensation for injuries sustained.

Legal Advice and Next Steps

Navigating the intricacies of the Georgia Personal Injury Statute of Limitations underscores the invaluable role of consulting with a personal injury attorney. The landscape of personal injury law, with its myriad of deadlines and exceptions, can be daunting for the uninitiated. An experienced attorney is not just a guide through this complex terrain but also a crucial advocate in protecting and asserting one’s legal rights.

The importance of seeking legal counsel cannot be overstated. Personal injury attorneys bring a depth of knowledge and experience that is vital in interpreting and applying the law to specific cases. They can provide clear guidance on the statute of limitations applicable to a particular case, taking into account any unique factors or exceptions that might influence the timeframe. For instance, an attorney can determine whether the case involves special circumstances like tolling due to the plaintiff’s age or mental capacity or if there are nuances related to the type of personal injury claim.

Moreover, a skilled attorney can navigate other legal complexities that often accompany personal injury cases. These may include establishing negligence, proving damages, negotiating with insurance companies, and, if necessary, litigating the case in court. Each of these steps involves legal intricacies that can significantly impact the outcome of a case. An attorney’s experience in these areas is invaluable in ensuring that a plaintiff’s rights are robustly represented and that they receive fair compensation for their injuries.

It’s imperative to understand the significance of acting within the legal time frame set by the statute of limitations. Failing to file a lawsuit within the prescribed period can result in the irreversible loss of the right to seek compensation for injuries suffered. This underlines the importance of timely action. Individuals who have suffered personal injuries should seek legal advice as soon as possible to ensure their claim is filed within the statutory limits.

The path to justice in personal injury cases is often complex and challenging, but it is navigable with the right legal experience. Consulting with our personal injury attorney not only helps in understanding and navigating the statute of limitations but also significantly enhances the chances of a favorable outcome. Protecting one’s legal rights and ensuring access to justice necessitates prompt and informed action, highlighting the critical role of legal advice in personal injury cases.

Contact Our Atlanta Car Accident Attorney

Shani Brooks is an attorney with over a decade of experience in personal injury matters. He has the necessary skills to provide compassionate support while aggressively pursuing the at-fault party to get you the compensation you deserve. If you or a loved one have been harmed in any type of accident in Georgia, contact our Atlanta personal injury lawyer at Shani O. Brooks PC at (404) 920-4736 to learn more about your legal options.

January 2, 2024January 12, 2024

Driving Safety Tips From Top Atlanta Car Accident Attorney

Atlanta, the capital city of Georgia, is renowned for its vibrant culture, sprawling urban landscape, and, notably, its challenging road conditions. Driving in Atlanta is an experience that requires not only skill but also an understanding of the unique dynamics of its roads. The city’s highways and streets are:

A hub of activity.
Often bustling with a mix of commuters.
Large commercial vehicles.

This mix results in a varied and sometimes unpredictable driving environment.

The traffic in Atlanta is infamous for its intensity. The city frequently ranks high in lists of U.S. cities with the worst traffic congestion. This congestion is primarily due to the city’s robust economy and population growth, leading to an increased number of vehicles on the road. The Interstate highways, particularly I-285, which encircles the city, and I-75/I-85, which cuts through its heart, are often congested, especially during peak hours. These highways, along with numerous other roads, form an intricate network that demands attentive and knowledgeable navigation.

Moreover, understanding the local driving culture and regulations in Atlanta is paramount for safe driving. The city’s driving culture can be characterized as fast-paced, with some drivers displaying aggressive behaviors such as speeding and sudden lane changes. Familiarity with local traffic laws, such as speed limits, right-of-way rules, and regulations regarding the use of mobile devices while driving, is crucial.

This knowledge not only ensures compliance with the law but also enhances safety on the road. For anyone new to driving in Atlanta or visitors from other places, taking the time to acquaint oneself with these aspects can make a significant difference in their driving experience.

Navigating Through Atlanta’s Traffic

Navigating Atlanta’s traffic requires a blend of strategic planning and adaptive driving skills. Patience and a defensive driving approach are key for those driving in heavy traffic conditions. It’s important to maintain a safe following distance, be vigilant of the actions of other drivers, and be prepared for sudden stops and shifts in traffic flow. These practices reduce the risk of accidents and contribute to a more orderly flow of traffic.

Understanding peak traffic hours is crucial for anyone looking to navigate through Atlanta efficiently. Typically, morning rush hour spans from 7:00 AM to 9:00 AM, and the evening rush hour from 4:00 PM to 7:00 PM. However, these times can vary, with traffic sometimes starting earlier or ending later. Avoiding these peak times can significantly reduce travel time and stress.

For those who must travel during these hours, it’s advisable to plan alternative routes. Utilizing side streets or lesser-known roads can often save time, though it’s important to be aware of potential bottlenecks in these areas as well.

Maintaining patience and focus is another crucial aspect of navigating through Atlanta’s traffic. Long periods of heavy traffic can be taxing and lead to frustration or road rage, which only exacerbates the situation. Strategies such as listening to calming music and audiobooks or engaging in breathing exercises can help maintain a calm demeanor. Staying focused on the road, avoiding distractions like mobile phones, and being aware of the surroundings can make the drive safer and more tolerable.

Weather-Related Driving Tips

Atlanta’s weather, while generally mild, can present a variety of challenges for drivers. The city experiences a range of weather conditions, including rain, fog, and, on rare occasions, ice. Being prepared for these conditions is crucial for safe driving. Regarding rain, Atlanta can experience heavy downpours, particularly during the summer months.

Drivers should ensure their windshield wipers are in good condition and that their tires have adequate tread depth to prevent hydroplaning. Slowing down and increasing following distances are key strategies in rainy conditions, as wet roads can significantly increase stopping distances.

Foggy conditions, though less common, pose a unique set of challenges. Reduced visibility requires drivers to use their low-beam headlights (not high beams, as these can reflect off the fog and worsen visibility), and to focus more intently on the road.

On the rare occasions when ice forms, particularly on bridges and overpasses, the risk of accidents increases. In these conditions, the best advice is to avoid driving if possible. If travel is necessary, go slowly, avoid sudden stops and starts, and keep a safe distance from other vehicles.

Vehicle maintenance plays a critical role in weather readiness. Regular checks of brakes, tires, headlights, and windshield wipers can ensure that your vehicle is prepared for adverse weather conditions. This not only enhances your safety but also the safety of others on the road.

Dealing with Atlanta’s Unique Road Features

Atlanta’s road network is complex and diverse, encompassing a wide array of highway systems and intersections. Navigating this network requires an understanding of its unique features. The city’s highways, such as the infamous Spaghetti Junction (Tom Moreland Interchange), where I-285 and I-85 meet, can be daunting due to their multiple lanes and heavy traffic. Keeping to the right unless overtaking, being prepared for lane changes well in advance, and using GPS navigation can help deal with these dangerous sections of these highways.

Traffic signals and road signs in Atlanta are designed to facilitate traffic flow and enhance safety. It’s essential to understand and respond appropriately to these signals. For instance, some intersections have dedicated turn signals, and it’s crucial to follow these to avoid collisions. Similarly, understanding the meaning of different road signs, such as those indicating no entry, speed limits, or pedestrian crossings, is vital for safe navigation.

In both urban and suburban areas of Atlanta, drivers should be vigilant for pedestrians, cyclists, and scooters. Urban areas often have more foot traffic and tighter streets, requiring a slower speed and increased awareness. In suburban areas, where roads might be wider and speeds higher, it’s still important to look out for children playing or people walking dogs.

Seat Belt Use and Avoiding Distractions

An essential aspect of safe driving, often overlooked, is the consistent use of seat belts and the avoidance of distractions. In Atlanta, as in all of Georgia, wearing a seat belt is not just a safety recommendation; it’s a legal requirement. Seat belts significantly reduce the risk of injury or death in the event of an accident. They are designed to protect you by keeping you in place, and their effectiveness is well-documented in countless studies. Every occupant of the vehicle should buckle up, regardless of their seating position. This simple action can be the difference between life and death in a crash.

Distracted driving is another critical issue on Atlanta’s roads. Distractions can come in many forms: mobile phones, other electronic devices, eating, or even interacting with other passengers. However, the use of mobile phones while driving has become particularly problematic in recent years. In response to this, Georgia has implemented the Hands-Free Law, which prohibits drivers from holding a phone or using any part of their body to support the phone while driving.

Under this law, drivers can only use their phones to make or receive calls by using a speakerphone, earpiece, wireless headphones, or if the phone is connected to the vehicle or an electronic watch. Texting, browsing the internet, and using apps are strictly prohibited while driving.

This law underscores the importance of keeping your full attention on the road. Even a momentary distraction can lead to a serious accident, especially in a city with traffic conditions like Atlanta. Drivers are encouraged to set up their GPS route before starting their journey, to avoid the temptation of using their phone while on the move. If a call or text is urgent, it’s advised to pull over safely before using the phone.

Incorporating these practices into your driving routine — consistently wearing a seat belt and avoiding distractions, especially mobile phone usage — significantly enhances your safety and that of others on the road. By adhering to these guidelines and Georgia’s Hands-Free Law, drivers contribute to a safer driving environment in Atlanta.

Staying Safe on Atlanta Roads

Safe driving in Atlanta requires an awareness of its unique driving conditions, from bustling urban streets to complex highway systems and the various weather conditions that can arise. Key tips include staying prepared for weather changes, understanding and responding correctly to traffic signals and signs, and maintaining your vehicle to ensure its suited for Atlanta’s diverse driving environment.

Staying safe also involves being vigilant and respectful of other road users, whether they are fellow drivers, pedestrians, or cyclists. Remember, safety on the road is a shared responsibility.

For those seeking more information on safe driving in Atlanta, numerous resources are available, including the Georgia Department of Transportation’s website and local driving schools that offer courses on defensive driving. By adhering to these tips and remaining informed, you can contribute to making Atlanta’s roads safer for everyone.

Contact Our Atlanta Car Accident Attorney

If you or a loved one have been harmed in a motor vehicle accident in Atlanta, you need an experienced Atlanta auto accident attorney who can assist you during this emotional and stressful time. With over a decade of experience, Shani O. Brooks P.C. is ready to help. contact our Atlanta personal injury law firm at (404) 920-4736 to learn more about your legal options.

December 26, 2023January 12, 2024

Who Is Liable For Injuries In A Rideshare Accident?

Rideshare services have changed how Americans travel. All you need to do is download the rideshare app and have instant access to an affordable alternative to public transportation and traditional taxi services. However, traffic accidents can happen to anyone at any time, including during an Uber or Lyft ride.

Who pays in a rideshare accident? Learn below about who may be liable for your losses, and if you have questions, speak to one of our rideshare accident lawyers in Atlanta at Shani O. Brooks PC today.

Who Pays Damages In A Georgia Car Accident?

When it comes to auto accident liability, Georgia is a fault state. The at-fault driver must pay for the other party’s injuries and related damages. If someone other than the rideshare driver caused a car accident, the accident victim would use the at-fault driver’s insurance to obtain compensation.

However, if an Uber or Lyft driver is to blame for the accident, determining which insurance company pays for damages depends on the situation. If the rideshare driver was not logged into the app when the accident occurred, injury victims must rely on the driver’s personal auto insurance for coverage. All Georgia drivers must carry a minimum amount of auto insurance.

If the rideshare driver is logged into the app but does not have a passenger, they are still considered on duty. In this case, the Uber or Lyft commercial insurance policy would compensate for your injuries. Both companies have $50,000 per person for bodily injury and $100,000 per incident for bodily injury.

When the rideshare driver has a passenger, the company must also provide compensation for injuries and damages. Uber and Lyft both offer up to $1 million in coverage.

These rules might sound straightforward, but they are not. Uber or Lyft could say that a driver was not logged into their app at the time of the accident, but they were. Other complexities could arise when determining who pays for what in a rideshare accident.

What Can A Rideshare Attorney Do For You?

After a rideshare accident, there are many things your attorney can do to help your situation. They are:

Perform An Investigation

Your attorney will review the rideshare accident scene, speak to witnesses, and determine how the crash occurred. During this time, your attorney will gather evidence to support the claim.

File The Accident Claim

Once your attorney understands who was at fault and who should pay, they will file the claim with the appropriate insurance company.

Collect Medical Evidence

You must prove you were injured in the accident, so your attorney will gather supporting medical evidence.

Negotiate With The Insurance Company

Your attorney will attempt to negotiate a settlement with the at-fault party’s insurance provider. This could be Uber or Lyft’s insurance company or the driver’s personal insurance company. Your attorney will sort out which insurance company is liable for your injuries.

Go To Trial

Most rideshare accident cases are settled out of court. But if a fair settlement is out of reach, our Atlanta personal injury attorney will take the case to trial.

Speak To Our Rideshare Accident Lawyers In Atlanta Today

Were you in a recent rideshare accident and unsure what your legal options are? Our Atlanta car accident lawyer at Shani O. Brooks PC has an impressive record of obtaining favorable results for our clients. For example, one of our recent rideshare accident cases resulted in a $675,000 outcome for a seriously injured client. We will fight hard to get the best rideshare case result for you, too. Please call us at (404) 920-4736 for a free consultation.

December 12, 2023January 12, 2024

How To Avoid Serious Injury In Car Accidents In Atlanta

Being hit by a vehicle in Atlanta is a terrifying experience. In a fraction of a second, you could have devastating injuries that negatively affect your life – potentially for months, years, or permanently. Fortunately, serious auto accident injuries can sometimes be avoided by following the tips mentioned below.

If you were already injured in an auto accident, contact our Atlanta car accident lawyer at Shani O. Brooks PC. We can help you regain control of your life by filing a claim for compensation against the at-fault driver.

Always Wear Your Seatbelt

Always wearing a seatbelt is the most critical step to avoid serious injury or death in an Atlanta car accident. Wearing your seatbelt correctly will prevent you from being ejected from the vehicle in a crash or thrown violently about in the cabin.

Ensure your seatbelt is extended across your lap, not your lower abdomen. This step is crucial for women who are pregnant. The shoulder strap should fit across the shoulder and upper shoulder. Make sure the shoulder belt does not touch your neck.

Adjust The Headrest

A common, serious injury in auto accidents is whiplash. This injury happens when soft tissues in the neck are torn, stretched, and hyperextended. You can lower your risk of whiplash in an Atlanta car accident by adjusting the headrest if needed. The top of the headrest should be level with the top of the driver’s head. After adjusting the headrest, be sure it is in the locked position.

Keep Your Head Close To The Headrest

‘Backset’ refers to the distance from the back of your skull to the front of your headrest. If the backset is over two inches, there is a higher chance of serious injury in a car accident. Studies show that neck injuries increase when the backset distance exceeds four inches.

Do Not Sit Too Close To The Steering Wheel

Sitting too close to the steering wheel can make the deploying airbag hit you too fast – at up to 200 MPH – which can cause severe facial injuries. Ideally, you want to hit the airbag after it fully deploys. So, sit at least 10 inches from your steering wheel, as measured from the middle of the steering wheel to your sternum.

Never Sit With Feet On The Dashboard

If you are a passenger, never sit with your feet on the dashboard. A severe or fatal injury is almost guaranteed if you are in an accident. Severe injuries to the feet and legs are likely, and the seatbelt will sit improperly on the body and could cause additional severe harm.

Speak To Our Atlanta Car Accident Lawyer Today

After a severe auto accident, you and your loved ones deserve compensation and justice. Our Atlanta car accident lawyer at Shani O. Brooks PC takes pride in ensuring all clients receive the most effective and tenacious legal representation. For example, a recent car accident case resulted in a $900,000 outcome for a seriously injured Atlanta client. Our law office also has the resources and legal skills to handle the most complex auto accident cases. Please call us at (404) 920-4736 for a complimentary consultation.

November 28, 2023January 12, 2024

Who Can Sue For Wrongful Death In Georgia?

Losing someone you love in an accident is one of the most agonizing things you can experience. If the accident was due to someone’s negligence, you could be compensated for your losses. Find out more about wrongful death laws in Georgia in this article, and contact our wrongful death attorney in Atlanta for additional legal information.

The Georgia Wrongful Death Act

Just because you want to sue someone for wrongful death does not mean you can. The Georgia Wrongful Death Act contains precise language about who can file a claim on behalf of the deceased. The law states that a wrongful death claim can only be filed by the following persons:

The spouse of the deceased
If the deceased did not have a spouse, the children can file a claim
If there is no spouse or children, the living parents can file
If there is no spouse, children, or living parents, then the right to sue goes to the administrator of the deceased’s estate

While some states sometimes allow other family members – such as siblings, cousins, and aunts and uncles – to file a claim, Georgia is not one of them. If you have questions about whether you have standing to sue for wrongful death, Shani O. Brooks would be pleased to speak with you today.

What Is The Georgia Wrongful Death Statute Of Limitations?

The statute of limitations to file a wrongful death lawsuit in Georgia is usually two years from the date of the person’s death. Depending on the case circumstances, however, the time limit could vary.

For instance, if a department of the state or federal government is potentially at fault for your loved one’s death, the deadline could be six months or a year from the date of the death.

Furthermore, if your loved one died because of a Georgia law violation, such as DUI, the statute of limitations to file a lawsuit could be paused pending the criminal case’s outcome against the defendant.

How Does A Georgia Wrongful Death Claim And An Estate Claim Differ?

A wrongful death claim in Georgia is for the full value of the decedent’s life from that person’s eyes. In this state, the jury is asked to consider what the person’s life means from the point of view of the person who died in the accident.

The ‘full value of life’ has two parts, with the first being the intangible value of life. This includes spending time with our loved ones, raising children, and engaging in daily activities. The second part consists of the economic value of one’s life, including the money the person would have made if they had lived.

On the other hand, an estate claim allows the grieving family to receive compensation for medical bills before the person’s death, pain and suffering of the deceased, and funeral expenses.

Our Wrongful Death Attorney In Atlanta Is Ready To Fight For You

If you lost a loved one in a tragic accident recently, there is nothing that will ease your pain or bring him or her back. These truths, however, do not mean that the responsible person or entity should get off without being held responsible. They must be held accountable for their negligence, and our Atlanta wrongful death attorneys at Shani O. Brooks PC will fight hard for the compensation you deserve. For additional information, call (404) 920-4736 today to schedule a consultation.

November 14, 2023January 12, 2024

When Do Most Merging Accidents Occur In Atlanta?

Even the most cautious Atlanta drivers sometimes get into car accidents due to no fault of their own. One of the most common crashes occurs when one vehicle merges into another. Learn about when and why merging accidents happen in this article, and remember to speak to our Atlanta car accident attorney at Shani O. Brooks if you believe you have a case. Our legal team has more than a decade of experience litigating auto accidents in Georgia and may help you pursue a claim against the liable driver.

What Is A Merging Accident?

Merging accidents on highways happen when two motor vehicles collide when one is attempting to enter traffic from an entrance or exit ramp. There are several kinds of merging accidents that occur on Atlanta’s busy highways:

Rear-end crashes: These merging accidents happen when the vehicle trying to merge smashes into the rear of another car. They are often caused by tailgating and speeding.
Side-swipe crashes: These happen when the sides of two motor vehicles contact each other when both attempt to enter the same lane. Side-swipe accidents often occur because one driver is distracted or does not yield the right of way.
Head-on crashes: A head-on merging accident can happen when one driver goes in the wrong direction on an entrance or exit ramp.

When Do Merging Accidents Happen?

With so many cars on the road in our large community, it is unsurprising that merging accidents happen often. These serious accidents happen when drivers incorrectly judge their distance from other vehicles. Some common reasons these accidents occur are:

Merging at a speed well below the speed limit on a busy highway.
Suddenly cutting off other cars.
Changing lanes abruptly without using a turn signal.
Changing several lanes at the same time.

Who Is At Fault For An Atlanta Merging Accident?

Usually, the driver attempting to merge onto the highway is at fault, but there are exceptions to this rule. For example, suppose the merging vehicle slams into another that is speeding. In that case, the merging driver may not be liable because the speeding driver made it too challenging for the other to enter the roadway safely.

In other situations, a driver could try to enter from an inside lane and hit a car attempting to merge from the outside lane to the middle one. In this situation, the first vehicle could not be at fault. That said, if the cars were involved in a sideswipe accident, the at-fault driver would be decided by where the cars were on the road and where the vehicles contacted each other.

Another possibility is both drivers could be at fault. If that is the case, potential compensation in the incident could be decided according to Georgia’s comparative negligence laws, which state that one’s compensation is reduced according to the percentage of fault for the accident.

Keep in mind that the merging driver causes the majority of merging accidents. If this happened to you, it is essential to be represented by an experienced car accident law firm in Atlanta, such as Shani O. Brooks PC. Our lawyers possess the skill, tenacity, and experience to obtain the most compensation for your losses.

Speak To Our Atlanta Car Accident Attorney Today For Help

Were you recently hurt in an Atlanta merging accident? Do you have lost wages, medical bills, and pain and suffering? You could be entitled to compensation in a car accident lawsuit, so do not delay. Speak to our Atlanta car accident attorney at Shani O. Brooks PC immediately for legal assistance. Call (404) 920-4736 for a confidential consultation.

October 24, 2023January 12, 2024

How To Prepare For Atlanta Winter Weather Driving

Driving in the winter is a necessity for most of us. Unfortunately, when the roads get slick in winter, the chances of an auto accident rise significantly – the Washington Post reported in 2019 that rain and snow increase the chances of a fatal crash by 34%. Following this article’s advice, you can prepare for this season’s winter driving and stay safe. Our Atlanta car accident lawyer can address any legal questions if you were in a car accident recently.

Georgia Emergency Management Advice For Winter Driving

The Georgia Emergency Management and Homeland Security Agency offers important tips on staying safe during winter driving. First, the agency recommends minimizing travel during winter weather if possible. Many people can work remotely as technology has advanced, so you can stay home and still get your work done. Watching the snow or ice from your living room is safer than driving. However, if you need to drive, remember:

Keep at least half a tank of fuel in the car when driving in the winter.
An emergency kit in the trunk should include water, blankets, a portable cell phone charger, an ice scraper, a flashlight, spare batteries, non-perishable food, a first-aid kit, and jumper cables.
Follow directions from the Atlanta or state government about driving during ice or snowstorms.
Slow down to at least 50% of your normal driving speed, and be prepared to use a lower gear for slow driving.
Never stop on a hill during snowy or icy weather; you need forward motion on a flat road before driving up the hill.
Avoid using cruise control in winter weather, and do not make sharp steering inputs.
Drive cautiously around road crews as they clear snow and ice from the roads.
If you come up to an inoperable four-way stop light, treat it like a four-way stop.
Watch for black ice in shady areas and on bridges and overpasses. Four-wheel drive can help to get the vehicle rolling on slick roads, but it does not help when you need to steer or stop quickly on a slick road.
Never hesitate to pull over to a safe location if the weather is too hazardous to drive.

Before Winter Hits

You also can avoid problems driving in the winter by checking your tires every fall. Having worn, slick tires makes it much harder to slow down and steer in bad weather. When checking your tires, ensure they are correctly inflated and that your battery and windshield wipers are in good condition. Having your car ready for winter weather means fewer chances of getting into a serious Atlanta car accident.

Speak To Our Atlanta Car Accident Lawyer Today

Being hurt in a car accident is one of the most stressful things in life we experience. When another person hits and injures you on the road, they could be liable for your economic and non-economic damages. Our Atlanta car accident lawyer at Shani O. Brooks P.C. may be able to file a claim or lawsuit for you. Please contact our law offices in Atlanta now at (404) 920-4736.

October 10, 2023January 12, 2024

How Long Do I Have To File A Personal Injury Claim In Georgia?

Being injured because someone was negligent can turn your life upside down in many ways. Depending on how severely you are injured, you could have difficulty getting out of bed, standing, or walking, and going to work is out of the question. How will you make ends meet?

Fortunately, Georgia law allows certain injured parties to file a personal injury lawsuit for their damages, but you only have a limited time to act. If you have questions about a personal injury case, our Atlanta personal injury lawyer can help. Shani O. Brooks P.C. handles all types of personal injury cases in the Atlanta metropolitan area.

Georgia Statute Of Limitations For Personal Injury Claim

Georgia Code section 9-3-33 states that you have two years from the date of the injury to file a personal injury claim. The two-year deadline applies to most personal injury litigation in the state, whether the action is based on negligence or intentional tort.

If you miss the deadline to file a personal injury claim, the case will almost certainly be dismissed in court.

Furthermore, the two-year statute of limitations matters for insurance negotiations after an accident. Suppose you were seriously injured after a car accident in Buckhead, and your attorney wants to negotiate the best car accident settlement for you. If you wait too long to start the case, the statute of limitations could expire. When the two years are up, you have lost negotiating leverage. So, it is always wise to retain an Atlanta personal injury attorney as soon as possible after an accident.

Other Important Georgia Laws Related To Personal Injury Claims

The statute of limitations is merely one of the laws you should know about Georgia personal injury claims. Georgia state law requires you to report car accidents to law enforcement that involve the following factors:

When someone died in the accident.
When one or more persons were hurt in the accident.
When property damage exceeded $500.

Also, Georgia is a fault state for auto accidents. This means after any car accident, you could file a claim for compensation for any losses if the other driver caused the accident. If your personal injury attorney can prove the other driver’s wrongdoing or negligence caused the accident, you could receive a settlement for economic and non-economic damages.

Georgia is a modified comparative negligence state, meaning you can still receive compensation in an accident claim if you were partially at fault. However, your percentage of fault cannot exceed the other party’s. So, if you were 40% responsible for the accident and had $10,000 in losses, you would only collect $6,000 in compensation.

Contact Our Atlanta Personal Injury Lawyer Today

If someone in Georgia injured you in an accident, you only have a limited time to file a personal injury lawsuit. It would be better to avoid forfeiting critical compensation for your injuries, and not acting promptly could give the insurance company more leverage to pay you less than you deserve. Contact our Atlanta personal injury lawyers at Shani O. Brooks P.C. at(404) 920-4736.

September 26, 2023January 12, 2024

What Accidents Are Covered Under Georgia’s Premises Liability Law?

After an accident on someone else’s property in Georgia, you should explore legal options for compensation for your injuries and other losses. Georgia Code Section 51-3-1 states that a property owner should reasonably keep their premises safe for invitees. If you were injured on someone else’s property and think they were negligent, speak to Atlanta premises liability attorneys to determine if you have a case.

Accident Types Under Georgia’s Premises Liability Law

Georgia premises liability claims can involve many different accidents, but some of the most common are:

Slip and fall accidents
Escalator and elevator accidents
Building code violation injuries
Dog bites
Swimming pool injuries
Inadequate lighting injuries
Improperly constructed or repaired stairs

How To Prove A Georgia Premises Liability Case

It is not enough to say that someone’s negligence led to your injury on their property In Georgia, the following elements must be proven for your case to be successful:

Duty Of Care

First, you must prove that the owner or manager owed you a duty of care. For example, a landlord must ensure that their premises are maintained in a safe condition for customers, guests, employees, renters, etc.

Breach

Once you establish that the owner or manager owed you a duty of care, you must show there was a breach of that responsibility. For example, if the steps leading to the front door are rotting and fall through and hurt your ankle, it can be argued that the landlord violated their duty of care.

Direct Correlation

Next, more is needed to show that the owner or manager was negligent and did not repair the rotting steps. The negligence must have caused your injuries for you to receive compensation in a claim or lawsuit. You may be able to prove that your injured ankle was caused by the rotting steps by showing pictures of your injuries and the steps. Also, your doctor’s report on your injury can be helpful evidence to prove a direct correlation.

Damages

Last, you must show that you had damages that caused a loss. For example, you can show that your injured ankle led to medical bills, lost earnings, and pain and suffering. It is essential to provide your attorney will evidence of your losses, including medical reports, pay stubs, etc. Your attorney also can obtain this information, but you can save time if you collect it yourself.

Georgia Statute Of Limitations

You have a limited time under Georgia law to file a claim for your premises liability case. The statute of limitations for personal injury claims in Georgia is only two years. That is why you should contact an attorney as soon as possible to determine if you have a case.

Contact Our Atlanta Premises Liability Lawyers In Atlanta

Being injured on someone else’s property is upsetting, stressful, and filled with uncertainty. How will you recover, work, and pay your bills? In some cases, the property owner could be liable for your injuries. Contact our Atlanta premises liability attorneys at Shani O. Brooks PC. We can analyze your case to determine if compensation is possible, so call (404) 920-4736 for more information.