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When Do Most Merging Accidents Occur In Atlanta?

Merging Sign Board

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.

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How To Prepare For Atlanta Winter Weather Driving

Atlanta Winter Weather

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.

 

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

Personal Injury Claim Form

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.

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

Premises Liability Case

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.

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Taking Photos And Videos After An Accident Is Crucial

Taking Photos After An Accident

Proving that another party caused a car accident depends on the evidence presented to the insurance company or jury. Photos and videos are among the most critical evidence after a car accident. You should take pictures and videos after the accident to help your attorney prove the case for a claim or lawsuit. If you were in a car accident with injuries recently, our Atlanta car accident attorneys might help you get compensation for your losses.

Why Are Photos And Video Important After A Car Accident?

Photographs and videos are compelling evidence for proving car accident liability. After all, a car accident and its aftermath can be stressful and confusing. Photos and videos help you document how it happened and your property damage and injuries. Taking pictures immediately after the crash can provide critical evidence and details you might overlook. But upon review, the images and video could reveal things that you did not see in the immediate aftermath.

Unfortunately, sometimes accident victims do not take the photos and videos they should. This could leave accident investigators guessing what happened by relying on tire marks, eyewitness accounts, and other evidence. This might make proving the claim more challenging, and getting compensation could be more complicated. When you and your attorney want to establish a claim, having plenty of detailed videos and photos is always preferable.

How To Take Effective Photos And Video After An Accident

Most of us have cell phones in our pockets or purse, so getting excellent photo evidence is not difficult. Keep these tips in mind when recording photographic evidence after the accident:

Take Plenty Of Photos And Video

Most cell phones have plenty of memory for thousands of images. Taking too many photos is always better than taking too few. The claims investigator will comb through your pictures and videos and find the details needed to prove what happened.

Focus On Details And Close-Ups

You should never disturb the accident scene, but if you can get close-up images, it will help your case. If necessary, use the zoom function on your cell phone to get close-ups of accident damage, tire marks, license plates, etc. The evidence might be less valuable if the photos and video are too far away.

Wide Angle Shots Are Key

You also should take wide-angle images of the entire accident scene. Doing so gives the investigators important context about how and why the accident occurred. Law enforcement will remove the vehicles when they finish their investigation, so now is the time to get pictures and videos.

You also should take close-up images of your injuries after the accident. You can also take photos of them in the following days to show how they are progressing – for better or worse

Contact Our Atlanta Car Accident Lawyers In Atlanta

You should take photos of the crash scene, vehicle damages, and injuries in a car accident. These essential steps can help if you file a personal injury claim or lawsuit. If you have legal questions, contact our Atlanta car accident lawyers at Shani O. Brooks PC at (404) 920-4736.

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Don’t Ignore Headaches After A Car Accident

Headaches After A Car Accident

Suppose you are in a car accident in Atlanta when another driver pulls out in front of you. The next day, you have a headache that will not go away. This should not be ignored because it could be a sign of a severe head or neck injury. After reading this article about headaches and car accidents, talk to our Atlanta car accident lawyer at Shani O. Brooks PC if you have questions about your recent accident.

What Causes A Headache After A Car Accident?

A headache after a car crash is also called post-traumatic headache. Some aspects of the trauma from a car accident probably caused the issue. You could notice a headache within seconds or minutes of the accident. However, post-traumatic headaches in the days after the incident are also common.  

There are many potential causes of headaches after car accidents, the most common being impact or whiplash involving your head or neck. If you had regular headaches before the car accident, you could notice your headaches worsened after the crash. 

A headache can also be caused by neck pain traveling to your head. The root cause of a headache after a car crash can vary, but you should never ignore the problem. Always have your head and neck checked by a doctor to see if there is an injury.

What To Do After A Car Accident Headache

If you were in a car crash and have headaches, this may be a sign of a significant injury. It is vital for your health and legal options to have a doctor check you for injuries stemming from the car accident.

The best thing to do after a car accident, whether you think you are hurt or not, is to go to the ER or your personal physician for a medical examination. The doctor may find a head, neck, or other injury you initially overlooked. If you have headaches, the doctor will note it in your medical record, which could be crucial for obtaining compensation in a claim or lawsuit later.

Also, you should always go to the doctor after a car accident if you have headaches. It is unlikely that the injury will go away on its own and could become much worse as the hours and days pass. Any time you feel pain in your head or neck after a car crash, seek immediate medical attention.

Next, if another party or entity caused the car accident, you should consult with a personal injury attorney in Atlanta. Head and neck injuries are often painful and debilitating, and you could be entitled to compensation in a lawsuit. If you have persistent headaches stemming from the car crash, it could take weeks or months for the symptoms to fade, affecting your ability to work and enjoy life. If so, you should receive compensation for your medical costs, pain and suffering, and lost earnings.

Contact Our Atlanta Car Accident Lawyer In Atlanta

After a car accident, having a doctor check you for injuries is always wise. This is especially true if you suspect a head injury and have headaches. After being checked by medical personnel, contact our Atlanta car accident lawyer at Shani O. Brooks PC at (404) 920-4736 about your legal options.

 

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Steps To Help Prevent Bicycle Accidents 

Sign Board

It is estimated that 45,000 bicycle accidents occur in the US annually, many of which are caused by another party’s negligence. While riding your bike offers many benefits, getting in an accident with injuries is one of the risks. The good news is that many bike accidents can be avoided by following the advice below. If you have questions about a case, speak to our Atlanta bicycle accident attorneys today.

Ride The Right Size Bike

Before you hit the road on your bike, make sure you are using the right equipment. This means selecting a bike that is the right size for your body. Riding a bike that is too big or small reduces your ability to maneuver in an emergency.

You generally should select a bike size based on height, so as you shop for a bike, review the sizing chart for that bike manufacturer. This chart will show several different bike sizes according to various heights. You may need to try several sizes to find the best fit. 

Generally, a bike rider should be able to stand with their feet flat on the ground and have about two inches of space between their groin and the seat. It also can be helpful to check with someone in the bike shop to ensure you purchase a bike that fits your size.

Check Your Brakes

Before you ride your bike, check the front and rear brakes. Ensure the brake pads are set close enough to the wheel rims to make solid contact when the brakes are applied. If they do not, you will need to adjust the brakes. You can check the brakes by spinning each wheel with a hand and applying the brake. This test should be completed on both wheels before you ride.

Use A Helmet

Georgia does not require anyone over 16 to wear a bike helmet, but you always should. Statistics prove that wearing a bike helmet will reduce the odds of a severe head injury by up to 50%. Also, wearing a helmet can reduce the chances of having a face or neck injury.

If you are in a biking accident and your helmet is damaged, never reuse it. The helmet should be discarded and a new one purchased. Helmets are made to crack upon impact to protect your head from injury, so they cannot be reused after damage.

Always Follow Traffic Laws

If you ride on public roads in Georgia, you must follow all traffic laws, including speed, stop signs, red lights, and more. Do not assume that you do not need to follow the rules because you are on a bike. If you are in a bike accident that injures someone else and broke a traffic law, you could be liable for the injured party’s damages.

Contact Our Atlanta Bicycle Accident Attorney

Anyone in a bike accident with injuries another person caused should talk to an attorney immediately. You could have serious injuries that lead to medical bills and lost wages, so please contact our Atlanta bicycle accident attorney at Shani O. Brooks PC today at (404) 920-4736.

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Occupations That Could Be Sued Under Vicarious Liability For A Car Accident

Vicarious Liability For A Car Accident

Imagine you are in a car accident in Atlanta on I-285 near Sandy Springs and you broke your arm and leg. During the investigation, it appeared that the person who caused the accident may have been working at the time. If that is true, the negligent party’s employer could be held legally responsible for your injuries under the ‘vicarious liability’ concept. Learn more about vicarious liability related to car accidents, then talk to our Atlanta car accident lawyer now at Shani O. Brooks PC for legal assistance with your claim.

Potential Employer Liability For Georgia Car Accidents

Sometimes an employer can be found liable for their worker’s negligence in a car accident. This can be the case if the worker was driving a company vehicle or their own. Remember that the employer is not being blamed for being negligent; instead, the company must answer if their employee was careless behind the wheel and injured someone.

A company being vicariously liable for a worker’s negligent actions is, according to the legal concept ‘respondent superior,’ which means ‘let the superior answer.’ For this concept to be in effect, your Georgia car accident attorney must prove several things:

  • The other driver was driving negligently.
  • The driver was an employee and not an independent contractor.
  • They were acting within the scope of their employment when the accident happened.
  • They were engaging in something that benefited the employer.

Occupations That Could Be Sued Under Vicarious Liability

As explained earlier, vicarious liability can come into play in car accidents when an employee, acting in the scope of their employment at the time, gets in a car accident and injures someone else. There are scenarios and occupations where vicarious liability could apply:

Taxi Service

Suppose a taxi company hires a driver who does not have an active driver’s license to drive for them. The unlicensed driver hits you in Atlanta and injures you. You could sue the driver and their employer for your injuries and damages.

Trucking

If a tractor-trailer driver is an employee of the trucking company and injures you, they could be held liable. However, if the trucker is an independent contractor, different rules could apply, so speak to your personal injury attorney.

Sales Professions

Another way a company could be liable for their employee’s accident is if they have the worker drive as part of their job. For instance, if the driver is a sales professional and must drive from the office to a client’s business and an accident happens, the driver is acting within the scope of their employment. Note, however, that this is not the same as a sales professional commuting to and from work every day.

Contact Our Atlanta Car Accident Lawyer Today

You could be eligible for compensation if you were hurt in a car accident in Atlanta and the other driver caused it. Also, if the other driver was working during the crash, their employer could be vicariously liable for their injuries. To learn if your car accident case involves vicarious liability, speak to our Atlanta car accident attorney at Shani O. Brooks PC today at (404) 920-4736.

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Who Can Sue For Wrongful Death In Georgia?

Sue For Wrongful Death

Specific individuals can file a wrongful death lawsuit when someone passes away because of another person’s or entity’s actions. In Georgia, a wrongful death lawsuit may be filed if someone dies from a crime, defective product, or negligence. In a successful lawsuit, the plaintiff may recover the ‘full value of the decedent’s life.’

If you lost a loved one in Georgia in this manner, learn about who can file a wrongful death lawsuit below. Then, speak to our Atlanta wrongful death attorney at Shani O. Brooks PC for legal assistance.

Who Can File A Georgia Wrongful Death Claim?

In Georgia, the surviving spouse usually files a wrongful death lawsuit. But if there is no surviving spouse, a child or parent can file. When there is no surviving spouse, child, or parent, the executor or administrator of the deceased can file a wrongful death lawsuit. Under Georgia law, no other family members are allowed to file a wrongful death claim.

What Damages Are Available?

If the Georgia wrongful death lawsuit is successful, the judge will order the defendant to pay damages, also known as the plaintiff’s claimed losses. This money must be paid to the deceased’s survivors or estate. In this state, there are two types of losses that you can receive in a wrongful death lawsuit. The first type intends to pay the surviving family for the total value of the decedent’s life, which can include economic and non-economic damages, including:

  • Lost earnings, benefits, and services, including what the person might have reasonably earned if they lived a full life.
  • Lost companionship, care, advice, and counsel.

The second type of damages compensates the decedent’s estate for the financial losses stemming from the death. This type can include funds for medical costs related to the decedent’s injuries; burial and funeral costs, and other necessary costs associated to the decedent’s injury and death.

What Is The Statute Of Limitations?

In most cases, you must file a wrongful death lawsuit in Georgia within two years of the death. But there are situations where the time limit is ‘tolled.’ For example, if the decedent’s estate has not gone through probate, the statute of limitations may be paused up to five years. Also, if a criminal case involves similar events as a civil case, the time limit begins when the case is resolved, but it cannot take more than six years.

Do You Need A Wrongful Death Attorney?

While some types of injury cases do not require an attorney’s assistance, a wrongful death action is not usually among them. Wrongful death lawsuits are often complex and may involve several negligent parties and their insurance companies. A Georgia personal injury attorney usually has the experience and knowledge of complex state laws and legal processes to obtain the best result.

Contact Our Atlanta Wrongful Death Attorney

If you recently lost a loved one in Georgia because of someone’s negligence, do not try to handle a wrongful death lawsuit yourself. Instead, speak to our Atlanta wrongful death attorney at Shani O. Brooks PC today at (404) 920-4736.

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Steps To Take After An Accident With Injury In Georgia

Accident Injury Lawsuit Steps

Car accidents happen about every two minutes in Georgia, so most residents can expect to get into one sooner or later. If you are in a car accident or other type of accident in Georgia caused by another party, there are things you should do after the incident for a better outcome. Also, you have a limited time to file a personal injury lawsuit in the state, so contact our personal injury attorney in Atlanta today to get started.

Check Everyone For Injuries

The law requires you to call for medical assistance if anyone is injured after a car accident. So, check yourself and others for injuries and provide first aid if needed. When speaking to others involved in the accident, do not mention fault or who did what. Any comment you make in this regard could harm a claim.

Call 911

Next, you should call 911 if anyone is hurt. Still, even if it looks like no one is hurt, it is still an excellent practice to call first responders. The police and an ambulance will arrive, allowing you to file a police report and obtain medical assistance.

While you may think you are fine, it is always wise to go to the hospital and be checked by a doctor for injuries. You could have injuries that you do not feel for several hours. The sooner your accident injuries are documented, the better for a potential personal injury claim.

Check For Witnesses

Did anyone witness the car accident or other type of accident? If you see anyone who saw what happened, get a statement from them about what they witnessed, then get their name and contact information. One of the most important aspects of proving a claim is what independent witnesses saw.

Take Photos

Most of us have cell phones with cameras, so take advantage of taking plenty of photos of the accident scene and your injuries. If you were in a car accident, take pictures of every vehicle and their positions on the road. Also, photograph property damage and cuts, scrapes, and injuries. This visual evidence may be used to prove fault in a personal injury lawsuit.

Talk To The Police

Tell the police what happened from your perspective and what your injuries are. These facts should be noted in the police report and could help your lawyer build a case.

Hire A Personal Injury Attorney

If another party caused the accident, they are probably represented by an insurance company. For example, all drivers in Georgia must have auto insurance, so if the other person caused the accident, it is best to have your lawyer handle the negotiations. If the insurer knows a lawyer does not represent you, they may try to get you to accept a quick settlement. Do not take it. Let your attorney work with the insurance company for a fair settlement for your injuries and losses.

Call Our Atlanta Personal Injury Lawyer Today

If you were hurt in an accident caused by someone else in Atlanta, you should not have to bear the costs yourself. However, you could receive compensation in a lawsuit, so contact our personal injury attorney in Atlanta at Shani O. Brooks, P.C., at (404) 920-4736.