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

vicarious liability

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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Steps To Take After An Accident With Injury In Georgia

car accident

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

Tesla

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.

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Steps To Take If You Are In An Accident With Multiple Vehicles

car accident

Auto accidents were the second-leading cause of fatalities in Georgia in 2020. Thousands of Georgians are injured in these accidents annually, as well. Some of these accidents involved multiple vehicles.

If you are in an Atlanta car accident with multiple vehicles, you will probably be overwhelmed with stress and anxiety. Perhaps you have serious injuries, too. The steps you take immediately after the accident can influence how much money you receive in a car accident settlement or lawsuit. Remember the tips outlined below, then, if you have questions, talk to our Atlanta car accident attorney at Shani O. Brooks P.C. today.

Check Yourself For Injuries

Look yourself over after the accident to see how injured you are. Look closely to determine if you are more seriously injured than initially thought. Multiple vehicle car accidents are terrifying, and you will probably be in shock.

Next, check your passengers for injuries. If they do not need help, check on the occupants of other vehicles. Get help immediately if anyone is injured.

Call 911

If anyone is hurt, call 911. Tell the dispatcher there was a multiple-vehicle crash, and people are injured. After first responders arrive, the police will secure the accident scene and help the injured. Everyone involved in the accident will be interviewed by law enforcement.

Collect Information About Witnesses

A critical part of many car accident settlement negotiations is the testimony of eyewitnesses. You should obtain the contact information for all witnesses to the accident who stay at the scene. Another driver may admit fault in the accident, but their story could change later. So, witness statements to the police will be important later.

Take Photos

Take as many pictures with your cell phone as you can. You should take images of vehicle damage, your injuries, wide-angle shots of the accident scene and vehicle positions, and the license plate for every vehicle.

Also, take pictures of debris on the street and any skid marks you see. Of course, your car accident attorney will collect evidence, too, but you can take photos right after the accident. They can be helpful in arguing your case with the insurance company for compensation.

Do Not Talk To Another Driver’s Insurance Company

If several vehicles were in the crash, you could receive several phone calls from other drivers’ insurance providers. You should not talk to any auto insurance company except yours.

The other drivers’ insurance companies may contact you because they know their drivers are responsible for the accident. Their goal is to get you to either say something to damage your case or to get you to sign a quick settlement agreement. Neither outcome is beneficial to you.

The best thing to do after a multiple-vehicle accident is to call 911 and law enforcement, then speak to an Atlanta car accident attorney. Your attorney will handle all communications with the insurance companies. The car accident attorney is skilled in insurance negotiations and will help you get the best settlement.

Call Our Atlanta Car Accident Attorney Now

Were you in a car accident in Atlanta near Fox Theater or Zoo Atlanta because of someone’s negligence?  You may be entitled to compensation for your injuries. Contact our Atlanta car accident attorney at Shani O. Brooks P.C. at (404) 920-4736. Our Atlanta car accident attorneys also serve the communities of Buckhead, Decatur, and Dunwoody.

 

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Who Is Financially Responsible For An Uber Driver’s Injuries?

Uber

Uber and Lyft have largely replaced traditional taxi companies in many American cities. Ordering a ride quickly on a rideshare app on your cell phone is easy. However, what happens if there is an accident, and who is financially responsible for your Uber driver’s injuries?

Uber’s $1 Million Liability Policy

Whether you are an Uber driver or passenger, you might have heard about the company’s $1 million commercial insurance policy. If you are in an Uber accident, this coverage might compensate you. However, it depends on when and how the accident happened.

For example, say you are an Uber driver and are in an accident. If you were driving a passenger or driving to pick up a passenger with the app on when the crash happened, Uber liability insurance might be in effect. You could receive up to $1 million if you have severe injuries, pain and suffering, and lost wages.

However, if you were logged into the app but did not have a fair and were not driving to pick up a far, the Uber insurance is different:

  • $50,000 per person
  • $25,000 for property damage
  • $100,000 per incident

Uber will not cover your accident if you are logged out of the app and not working. Instead, you will need to rely on your personal auto insurance. If you were not working at the time of the crash, you need your own coverage. This is why it is important to have more than the minimum coverage on your personal insurance policy. 

What If An Uber Driver Injures You?

Uber classifies drivers as independent contractors for several reasons. One of the most significant reasons is the company may not be legally liable if their driver is negligent and causes an accident.

However, if the Uber driver in your or another vehicle caused the accident, your Decatur personal injury attorney can try to argue that Uber was partially liable for the crash. If this claim is successful, you may be covered by the Uber $1 million commercial insurance policy. This could be preferable because commercial policies almost always have more considerable coverage limits than personal insurance policies.

To prove that Uber was liable for the accident, your attorney will rely on eyewitness statements, the police report, videos and photos of damages, medical reports, and expert testimony. 

Therefore, it is essential to contact an attorney quickly because Uber will aggressively fight liability for the accident. They will try to claim the other driver caused it or was partially responsible for the accident. 

Call Our Decatur Personal Injury Lawyer Today

Are you an Uber driver who was hurt in a Georgia car accident? Who will pay for your medical bills, pain and suffering, lost earnings, and more? Uber accidents can be complicated, and you should talk to our Decatur personal injury lawyer today.

Shani O. Brooks PC may be able to assist you with compensation for your losses. Contact Shani Brooks Law today at (404) 920-4736. Our Decatur attorneys also proudly serve Buckhead, Atlanta, and Dunwoody communities.

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How To Avoid Car Accidents On Atlanta Freeways

Atlanta car accidents

If you drive in Atlanta near Zoo Atlanta or the Georgia Aquarium, you know there are a lot of car accidents in the city. However, if you follow the tips below, you can avoid auto accidents on Atlanta freeways, including Interstate 20, 75, 85, and Georgia 400. If you have been in a car accident and have injuries, contact Atlanta auto accident lawyer Shani O. Brooks for assistance.

Slow Down

Atlanta annually receives an average of 109 days of rain, sleet, snow, or hail. So, it always is best to slow down and obey the speed limit. Remember, your tires lack traction on wet pavement, so it is vital to go slower in bad weather.

Many auto experts recommend slowing your speed by 50% in poor weather conditions in Atlanta. For instance, if the posted limit on I-20 in Atlanta is 75, you should not go more than 40 MPH in bad weather.

You also should stay within the speed limit even when it is a clear, dry day. Going slower will always provide more time to stop if something unexpected happens ahead.

Leave More Distance In Front Of You

Atlanta has its share of traffic jams, so it might be tempting to follow closely behind the vehicle ahead of you. However, you should increase your following distances in Atlanta traffic to see what is ahead. Many Atlanta auto accidents happen because drivers cannot see past the vehicle in front of them. So increase distances to avoid accidents.

Use Caution At Busy Atlanta Intersections

Many Atlanta accidents occur at intersections. For example, someone may run a red light while you have the green. This type of accident happens more often today because drivers are more distracted by cell phones. That is why you should proceed through every intersection cautiously, even when you have the right of way.

Avoid Distracted Driving

We are busier than ever in modern society. However, you should avoid multitasking when you are behind the wheel. Whether it is talking, texting, calling someone on the phone, or playing with the radio, there is a much higher risk of accidents when your eyes are not focused on the road. Also, more than 3,000 people died in distracted driving accidents nationwide in 2020. Therefore, when driving, the best thing to do with your cell phone is to shut it off and put it in your purse or glove compartment.

Never Drive After Drinking

The legal limit in Georgia is .08% BAC. However, it is a best practice to never drive after having even one drink. The Georgia State Police can arrest you for being intoxicated behind the wheel, even if you are below the legal limit. They can still put you in handcuffs if they believe you are impaired. Remember, Uber and Lyft make it easier to get home safely.

Call Our Atlanta Auto Accident Lawyer Today

Were you in a car accident in Atlanta because of someone’s negligence? Our Atlanta auto accident attorneys may be able to help you obtain compensation for your injuries. Contact Shani Brooks Law today at (404) 920-4736. Our Atlanta attorneys also serve the Buckhead, Decatur, and Dunwoody communities.

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Atlanta Winter Driving Safety Tips

winter driving safety tips

Winter in Georgia is harsher than it used to be. Mild weather and dry roads are a thing of the past. But that has changed with climate change. Now, winter in Atlanta sees freezing cold days coupled with snow and sleek ice, making roads hazardous for inexperienced drivers. An Atlanta car accident attorney can ensure adequate compensation for damages, but you can avoid fatal accidents by being careful.

Top 5 Ways to Prevent Driving Accidents in Winter 

A skid can lead to a pileup on slick and icy roads. Follow these driving safety tips to prevent that and other car accidents in winter: 

  1. Keep a Full Tank of Gas

Traffic will be heavy during winter as roads freeze or drivers drive slowly to prevent accidents. If you are stuck in traffic, a full tank of gas will ensure you remain comfortable and warm as the temperature drops until you reach your destination. 

  1. Drive Slowly

As the roads freeze, drive 5 mph slower than the speed limit. It will give you adequate time to brake if a car stops in front of you or someone crosses the road. When you hit those brakes, your car will take some time to come to a complete stop. You will also be able to maintain control of your vehicle when you drive slowly on black ice. 

  1. Plan Your Route Beforehand 

Before grabbing your keys, check your local traffic and weather reports. If there is a storm outside or it snowed heavily last night, consider postponing your travel plans till it clears up. If you cannot do that, consider leaving early to avoid traffic. 

Use a GPS or Google Maps to familiarize yourself with the route beforehand and determine your anticipated arrival time. For a road trip or long trip, stop to stretch, get something to eat, and refresh yourself, so you don’t nod off behind the wheel. 

  1. Demist and De-Ice All Windows

Make sure you can see clearly out of all of the windows in your vehicle before you head out. Take the extra time each morning to demist and de-ice all windows. You must ensure you can see ahead or risk an accident on clogged and slick roads. If you don’t have these products, use warm water or a scraper to remove ice and snow from your car. Run the engine to speed up the process. 

  1. Prepare For Limited Visibility 

Busy roads may be shrouded in darkness during a winter storm or after one. The glare from headlights and sunlight can blind you and cause a collision.

Prevent that by removing ice build-up from the windscreen, which can otherwise cause a dazzling effect. Plus, replace old windscreen wipers with new ones to prevent smearing. A dirty windscreen can increase glare.

Contact Shani O. Brooks P.C. For A Consultation Today!

You deserve compensation if you were the victim of a car accident or were run over by a speeding car that skidded out of control on the icy roads. Experienced Atlanta car accident attorneys at Shani O. Brooks P.C. can ensure you get the maximum amount you need to cover expensive medical bills and property damage. Book a 100% confidential consultation by dialing 404-692-5404. He will fight for your rights when you are unable to.

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How To Manage Pain After An Auto Accident

pain management

The pain after a car accident can be debilitating. More often than not, the pain is bad enough to severely compromise the victim’s quality of life. With collisions common in Georgia, knowing how to manage pain can help you recover faster. Pain management will also help you keep a level head while determining compensation with help from an Atlanta car accident attorney. 

How You Can Manage Pain from Car Accident Injuries

According to medical professionals, pain can either be acute or chronic. The former occurs right after an injury, while the latter refers to a long-lasting condition that requires medication to manage. Here are some of the treatments that doctors may prescribe depending on the type of pain you have:

Thermal and Ice Therapy

Your doctor may ask you to ice the painful area to reduce swelling and switch to heat to ease the pain. Apply an ice pack for 20 minutes on the injured site daily. Applying a hot pack to a swollen injury may worsen it since it is already inflamed, increasing your recovery time. When it reduces, the heat will relax tight muscles that cause pain. You can also use a hot water bottle to improve blood flow and relieve some of the pain. 

Gentle Exercise 

While exercise may be the last thing on your mind when you are injured, light movements can reduce your pain considerably by relaxing stiffened muscles. Even simple activities such as walking can help you regain muscle strength, improve blood flow and relax tense muscles in your spine. This is important as you need strong muscles to support your back to reduce pain. 

Stretching and Yoga

You can manage most acute pain with stretching exercises such as yoga, which can relax muscles that stiffen after an accident. The practices include deep breathing and movements that provide critical oxygen to your muscles to function correctly. A good stretch’s soothing effect will also positively impact your mental and emotional health. Think of these exercises as a gentle workout that will trigger the body’s natural healing capabilities. 

Get Medical Help Before It Is Too Late

Most accident victims put off medical aid post-accident because they cannot afford medical expenses. Many wait to see if the other driver’s insurance company will compensate them by paying for those expenses. They also take responsibility for the collision, automatically making them the at-fault driver.

You may miss out on compensation if you don’t get treatment timely. You may face a hefty medical bill depending on the extent of your injuries. An Atlanta car accident attorney can help you process everything through your health care and insurance and ensure you are duly compensated. 

Contact Shani O. Brooks P.C. for a Consultation Today!

Car crashes are the leading cause of severe injuries and deaths in Georgia. If you were injured in an accident and the other party’s insurance company denied your claim, contact Shani O.Brooks to discuss legal options today. He can determine negligence and go up against the insurance company, so you don’t have to. Get the total and fair financial compensation you deserve. Dial 404-692-5404 to book a consultation for any questions you may have and a suitable legal strategy for your case.