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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.

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5 Things To Never Do If Pulled Over For DUI In Atlanta

Pulled Over For DUI

If you drink in Atlanta, be sure you do not drive. The police in Atlanta take drunk driving seriously, and if you are convicted of DUI, you could end up in jail, fined, and possibly lose your license. Call our Atlanta DUI attorneys at Shani O. Brooks, P.C. today for immediate legal assistance if you were arrested recently for DUI.

Do Not Answer Most Questions

Under the US Constitution, you have the right to remain silent when arrested by the police, so take advantage of it. You cannot talk your way out of a DUI arrest if that is what the police intend to do. If you speak and incriminate yourself, You will only make the situation worse (and more difficult for your attorney later).

However, you are required to give the police your name and address. Assuming that information is on your driver’s license, you can infer they got it from that document unless you did not have it. Therefore, you should not answer any questions besides providing your name and address. Just ask for a DUI lawyer. 

Do Not Disobey The Police

While you can refuse to answer most questions the police ask you during a DUI stop – and you should – you cannot refuse to get out of the vehicle when asked. Or, if the police tell you to put your hands behind your back, obey, or you will be cited for resisting arrest as well as DUI.

However, an important exception is the field sobriety tests the Atlanta police might ask you to complete before arresting you. You are not required to do them; many 100% sober people cannot complete them correctly, either. 

Do Not Be Rude

You do not need to say much during a DUI arrest, and your silence cannot be used against you in court. However, always be polite, and remember that the police will note your demeanor in the police report. There also is a good chance you are being recorded, so being rude will hurt you.

Do Not Take Chemical And Breath Tests

If you had anything to drink or took any drugs (legal or illegal), be careful about allowing tests of your breath, urine, or blood. If you have had anything, you should not take these tests. Remember that under the state constitution, not taking a breath or urine test cannot be used against you. However, if you do not allow to be tested, your license will likely be suspended for a year. But your attorney will investigate your case and determine if you have defenses against the state’s implied consent laws.

Do Not Forget To Ask For A Lawyer

The best thing to do when being arrested for DUI in Atlanta is to say as little as possible and ask for your lawyer. This puts it on the record that you asked for a lawyer and you should not be questioned further.

Call Our Atlanta DUI Lawyer Today

If arrested for DUI in Atlanta, you could lose your license, go to jail, and more. But with your attorney’s help, you have a chance for a better case outcome. Contact our Atlanta DUI lawyer at Shani O. Brooks, P.C. today at (404) 920-4736.

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Who Is Liable If I’m Injured In A Concert Stampede?

Concert Stampede

Millions of people go to concerts annually, and usually, there are no significant safety concerns, but there are exceptions. For example, someone hurt at a concert could file a lawsuit, depending on the situation.

In Georgia, a business or venue owner owes you a duty of care that ensures the premises are safe. If you are injured at an establishment for no fault of your own, you could receive compensation in a premises liability claim, including at a concert. Learn more in this article, and talk to our Atlanta premises liability lawyer at Shani O. Brooks P.C. for legal assistance.

What Is A Premises Liability Claim?

You can file a premises liability claim in Atlanta if a property owner was negligent and that negligence led to your injuries and other damages. Property owners must take reasonable precautions to ensure their establishment is safe for guests. Theoretically, you could hold an entity responsible if you are injured in a stampede at a concert or sporting event.

Venue Or Performer Liability

If you are hurt in a stampede at a concert, the most likely defendant may be the venue and its owner. The facility could be liable if you suffered injuries in a stampede, stage collapse, slip and fall, and related incidents.

The event producer or owner could be liable for your injuries if the facility is not liable for your damages. Sometimes, the concert is held in a rented facility, and the performer may assume responsibility for the concert attendees. For example, the performer or venue could provide security and protection for the attendees.

Attendees’ Liability

Another possibility is to file a claim against attendees who injured you in the stampede. Negligent acts by concertgoers that led to injuries also could be the subject of a personal injury claim. For example, if several fans run over you and break your arms, you may be able to sue them if you can find out who they are.

Also, fans who crowd surf at a concert could cause injuries when they fall on you. But if you were hurt while crowd surfing, filing a claim against a person or entity would be more challenging because your recklessness contributed to the injuries.

Your attorney will review the case and determine who may have been negligent. In addition, property owners and other concert stakeholders must carry commercial liability insurance, so your attorney will review all potential sources of compensation.

How To Stay Safe At An Atlanta Concert

No one plans to get injured when attending a concert, but it can happen. You can reduce the odds of an injury at a concert by:

  • Know the venue: Understand where you are in the venue and where the emergency exits are. Make an action plan if something happens that could lead to a stampede, such as figuring out the fastest way to get from your seats to the exit.
  • Bring flashlights: Do not rely on your cell phone battery to see if the power goes out.

Call Our Atlanta Premises Liability Lawyer Today

If you were injured in a concert stampede at Cobb Energy Performing Arts Center, Venkman’s, or another concert venue, you might be able to hold one or more parties liable for your injuries, depending on the circumstances. Talk to our Atlanta premises liability lawyer at Shani O. Brooks P.C. at (404) 920-4736 to learn more.

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How To Protect Yourself From Atlanta Trucking Accidents

Safe Driving

Truck accidents in Atlanta are common on I-20, I-75, I-85, I-675, and other busy roads. Some of these are severe accidents that lead to serious injury and even death. While you can file a personal injury lawsuit if the trucker or company was negligent, it is best to avoid these incidents, if possible, with the tips outlined below. If a trucker hit you in Atlanta and you have injuries and other damages, our Atlanta truck accident lawyers at Shani O. Brooks P.C. can help with your case.

Stay Out Of Their Blind Spots

One of the biggest reasons truck accidents happen around Atlanta is the traffic around tractor-trailers. Unfortunately, trucks have much larger blind spots than regular passenger vehicles. When possible, you should stay out of the following areas or move as quickly as possible:

  • The lane next to the driver returns about 50% of the trailer length.
  • At least 30 feet behind the truck.
  • At least 20 feet in front of the truck.
  • Two lanes two the right of the truck.

If you cannot see the driver in their mirrors, they cannot see you, so avoid their blind spots as much as possible.

Tell The Trucker What You Are Doing

Motor vehicles are equipped with turn signals for a reason – to alert other drivers of your intentions. Before passing a truck, use your signal sooner than you would for other drivers so the trucker has plenty of time to slow or make room for you.

Many serious truck accidents occur when a passenger vehicle passes a truck and cuts in front of the truck without signaling. This is because the truck needs more time to slow down and adjust its driving than other vehicles.

Give The Trucker Room

Sometimes we have to drive near trucks in Atlanta traffic, but you can reduce the chances of severe accidents by giving trucks more space. Try not to drive next to trucks for too long to avoid these hazardous situations:

  • Blown tire: If a truck tire blows, it is under high pressure, and rubber can fly into other vehicles.
  • Braking: If the truck must slam on the brakes for traffic ahead, it could lose control and slide into you in the next lane or even tip over.
  • Winds: High winds can be hazardous on Atlanta interstates and cause the truck to roll over.

Furthermore, you can avoid many truck accidents by staying at least four seconds behind the vehicle. It also helps to give the big rig a lot of room when turning; the truck can take up to two lanes when making some turns.

Be Careful When Merging

It is hazardous to merge in front of a tractor-trailer on the highway. It is harder for the large vehicle to slow down, and they could rear-end you. If the trucker is passing you, slow down so the truck can pass faster.

Call Our Atlanta Truck Accident Lawyers Today

Taking these precautions can keep you out of truck accidents. But if you were hurt in a truck accident because someone was negligent, talk to our Atlanta truck accident lawyer at Shani O. Brooks P.C. at (404) 920-4736.

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Never Speak To Insurance Companies Without Your Attorney

Insurance Settlement

After an Atlanta car accident, there is a significant chance that you will receive a phone call from the other driver’s insurance company. However, it is usually best never to speak to insurance companies without your attorney. While you may think you need to cooperate with the other driver’s insurer, remember that anything you say to their insurance company could be twisted and used against you later. Instead, our Atlanta personal injury attorneys at Shani O. Brooks P.C. can help you.

Who Must You Cooperate With After An Atlanta Car Accident?

After an auto accident in Atlanta, you must cooperate with certain parties. First, you are required by Georgia state law to stay at the crash scene and exchange information with others involved in the accident. You need to render aid to anyone hurt and call for medical assistance. However, you should keep your conversations with others in the accident to a minimum.

Second, you need to cooperate with the responding police officers. Expect to provide your driver’s license, insurance information, and vehicle registration.

Third, you must call your insurance company and tell them about the accident within a reasonable period. You also need to cooperate with your insurance company’s accident investigation team.

You Are Not Required To Talk To The Other Driver’s Insurance Company

Many accident victims may believe they have to talk to the opposing driver’s insurance company. But this is untrue. When the insurance adjuster calls you after the accident, it is not to see how you feel after the accident. Instead, their call is entirely about the insurance company’s bottom line. The goals of their conversation with you are:

To get you to say something that makes it easier to blame you for the accident. Even if the other driver caused the accident, the insurance company might try to blame you for what happened.

To encourage you to accept a fast settlement before you call an Atlanta personal injury attorney. Immediately after the accident, you probably do not know how seriously hurt you are. Also, unless you are a personal injury attorney, you probably have little idea what the case is worth. The insurance adjuster knows that a personal injury attorney being involved will cost the insurance company more money.

When the insurance adjuster calls you, the best policy is to say as little as possible. It is best to refer the call to your personal injury attorney. But if you say anything to the adjuster, keep it brief. For example, you might say:

  • You will not discuss the accident or who was at fault.
  • You are still getting medical treatment.
  • You will only sign something or settle with your attorney present.

If the insurance adjuster continues calling, just inform your attorney. Once the lawyer contacts the insurance company, the calls should stop.

Speak To Our Atlanta Personal Injury Attorneys Now

 

You may be tempted to speak to the other driver’s insurance company after an Atlanta car accident, but this is never a good idea. Instead, have our Atlanta personal injury attorney at Shani O. Brooks P.C. talk to the insurance company for you. Your attorney will aggressively negotiate with the insurance company and represent your interests. Contact Shani Brooks about your personal injury case today at (404) 920-4736.

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Could Tesla Be Sued Under Vicarious Liability In Self-Driving Accident?

Tesla Car

As more autonomous vehicles hit the roads in America, there are more questions about who is liable in a car accident when the vehicle is in self-driving mode. For example, can you sue Tesla under vicarious liability if you are injured in a self-driving car accident? Learn more about this and related topics, then speak to our Atlanta car accident attorneys at Shani O. Brooks P.C. for legal assistance.

Determining Liability In Self-Driving Auto Accidents

Many people believe that the increasing number of autonomous vehicles will cause more car accidents. As automated vehicles take control of our roads, Georgia courts must alter how they litigate auto accident liability lawsuits.

In some cases, the issue of vicarious liability could come into play. Vicarious liability means finding a company or entity responsible for an employee’s actions. For example, suppose a delivery driver in a self-driving vehicle hits you in a crosswalk. In that case, it may be possible to sue Tesla under the vicarious liability doctrine for your injuries. 

Or, you may be able to sue the delivery driver’s employer. This is an evolving area of the law, so if you were in a self-driving car accident, you should have your case reviewed by an Atlanta car accident attorney.

Other parties and entities could be liable in a self-driving Tesla auto accident, depending on the case details. Some examples include:

The Driver

Most self-driving vehicles today, including most Teslas, are only partially autonomous. In addition, these vehicles still require the human driver to oversee the technology and take action when the software makes a mistake.

For instance, if the self-driving software warns the driver that weather conditions require him to take over driving, he must do so immediately. If he ignores warning signals from the software, he could be liable for the Tesla accident. In an accident involving test drivers for Tesla, Google, Uber, and others, the company might be held vicariously liable for employees’ negligence.

The Vehicle Manufacturer

Tesla or another self-driving car manufacturer might be liable in an accident if a product defect caused the accident. Therefore, every vehicle manufacturer must ensure that their vehicles are reasonably safe. This means the carmaker should design a safe car model, ensure they are manufactured safely and inspect cars for safety issues.

The Software Company

Many self-driving vehicles have software that a different company makes. Some accidents have happened because of a software flaw. Or, there was a malfunction in the self-driving software. That company could be found negligent if the self-driving software contributed to the accident.

Speak To Our Atlanta Car Accident Attorneys Today

Were you in a Tesla self-driving accident recently near Zoo Atlanta or Piedmont Park? There are many legal questions involved regarding liability with self-driving vehicles, and many people or entities could be liable, depending on the case. A self-driving car crash will require an extensive investigation to determine liability. Our Atlanta car accident attorneys at Shani O. Brooks P.C. can help you hold the proper individuals or entities accountable for their negligence. Contact Shani Brooks today at (404) 920-4736.