Does Health Insurance Cover Auto Accident Injuries?

Does Health Insurance Cover Auto Accident Injuries

Does Health Insurance Cover Auto Accident Injuries?

Car accidents happen. It can be a scary and confusing experience, especially when you’re dealing with injuries on top of the property damage. But amidst the chaos, one question often pops up: Does health insurance cover car accident injuries?

The short answer is yes, usually. But like most things in the wonderful world of insurance, there are a few twists and turns to navigate. Buckle up, and let’s take a deep dive into how health insurance handles those unexpected car mishap injuries.

Health Insurance as Your Medical Pit Crew

Think of your health insurance as your own personal medical pit crew. They’re there to help you get the care you need after an accident, but there might be some pre-race prep work involved (deductibles and copays) before they jump in. Here’s what you can expect:

  • Coverage Kicks In (Eventually): Health insurance typically acts as secondary coverage for car accident injuries. This means other insurance policies, like Personal Injury Protection (PIP) on your car insurance, take priority. Once those resources are maxed out, your health insurance steps up to cover the remaining medical bills.
  • The Deductible Dance: Remember that deductible you pay every year? You might have to meet that amount before your health insurance starts chipping in for your accident-related medical costs.
  • Copay Companions: Even after the deductible hurdle, you might still be responsible for a copay, which is a fixed amount you pay for certain covered services.

In-Network vs. Out-of-Network: Keeping it Friendly in the Fast Lane

Just like in a real pit stop, where efficiency is key, using in-network providers can save you time and money. In-network providers have pre-negotiated rates with your insurance company, meaning you’ll likely pay less out of pocket. Going out-of-network might mean higher costs and more paperwork.

Who Pays Uncle Sam? Subrogation and Your Settlement

Here’s a legal term to remember: subrogation. This means your health insurance company has the right to recoup the money they paid for your accident-related care from the at-fault party’s insurance company. So, if you win a settlement for your injuries, your health insurer might get a slice of the pie to cover their expenses.

When Health Insurance Takes the Wheel: Exceptions to the Rule

While health insurance is generally your go-to for car accident injuries, there are a few situations where it might not be the primary source of coverage:

  • No-Fault States: Some states have no-fault car insurance laws. This means your own car insurance policy, regardless of who caused the accident, pays for your medical bills up to a certain limit.
  • Work-Related Mishaps: If your auto accidents happened while you were on the job, workers’ compensation insurance might be responsible for your medical care.

The Aftermath: Keeping Your Health Insurance Happy

Even though your health insurance is there to support you after a car accidents in Atlanta, there are a few things you can do to keep them happy (and avoid any coverage headaches):

  • Inform Them Promptly: Let your health insurance company know about the accident as soon as possible. This helps them track your treatment and avoid any delays in processing your claims.
  • Keep Detailed Records: Save all medical bills and documentation related to your accident and treatment. This will be crucial when filing a claim with your health insurance.
  • Work with Their Team: Be prepared to answer questions and provide any additional information your health insurance company might need to process your claim smoothly.

Filing an Accident Claim

Filing an accident claim can feel overwhelming, but here’s a breakdown to help you navigate the process:

Step 1: Secure the Scene (Literally and Figuratively)

  • Safety First: If there are injuries, call emergency services immediately. Secure the scene with flares or hazard lights to prevent further accidents.
  • Document Everything: Take pictures of the damage to all vehicles involved, including license plates and any visible injuries. If possible, note down weather conditions, road signs, and skid marks.
  • Exchange Information: Swap contact details and insurance information with all involved drivers. Get the names and contact information of any witnesses as well.

Step 2: Report the Accident

  • Contact the Authorities: File a police report, regardless of the severity of the accident. This report serves as a crucial piece of documentation for insurance claims.
  • Inform Your Insurance: Don’t delay! Contact your insurance company as soon as possible to report the accident. They’ll guide you through the claims process and assign an adjuster to handle your case.

Step 3: Gather Your Documentation

  • Police Report: This is key evidence for your claim.
  • Medical Records: If you sustained injuries, collect all medical bills and documentation related to your treatment.
  • Vehicle Repair Estimates: Get estimates from qualified repair shops to determine the extent of the damage to your vehicle.
  • Accident Photos: The pictures you took at the scene will be valuable evidence.
  • Witness Statements: If you have any witnesses, their statements can help strengthen your claim.

Step 4: Working with Your Adjuster

  • Be Truthful and Accurate: Provide your adjuster with all the information they request honestly and accurately.
  • Review the Settlement Offer: Once the adjuster assesses the damages, they will present a settlement offer. Carefully review it before accepting. You might need to negotiate if the offer doesn’t cover all your expenses.
  • Seek Legal Advice (if needed): For complex accidents or significant injuries, consider consulting with an attorney specializing in personal injury law. They can guide you through the claims process and ensure you receive fair compensation.

Curious about: “Should I Get a Lawyer After an Auto Accident?” Read more about it on our blog page now!

Beyond the Bandages: It’s Not Just About Physical Injuries

Car accidents can be traumatic, both physically and emotionally. Don’t forget that your health insurance might also cover mental health services related to the accident, such as therapy for anxiety or post-traumatic stress disorder (PTSD).

The Final Lap: Remember, Knowledge is Power

Understanding how health insurance interacts with car accident injuries can make a big difference in managing your medical bills. Don’t hesitate to reach out to your insurance company or an insurance professional if you have any questions. By knowing your coverage and acting promptly, you can ensure a smoother ride on the road to recovery.

It’s always a good idea to review your health insurance policy documents regularly to understand your specific coverage details, including deductibles, copays, and in-network provider options.

Being in an accident is stressful enough. By getting familiar with how health insurance handles car accident injuries, you can take control of your medical care and focus on healing. Remember, you’re not alone in this pit stop – your health insurance is there to support you on the road to recovery.

Been in a wreck and wondering if your health insurance covers the bumps and bruises? Don’t stay in the dark about your medical bills. Shani Brooks Law can explain your options and fight to ensure you get the compensation you deserve. Schedule a free consultation today – knowledge is power, and we can help you steer clear of financial woes.

 

When to Get a Lawyer After an Auto Accident

When to Get a Lawyer After an Auto Accident

When to Get a Lawyer After an Auto Accident

Atlanta’s roads are a wild ride. Between tourists lost in a map app maze and locals playing bumper cars during rush hour, it’s a wonder any of us make it from point A to point B without a fender-bender story. But sometimes, the story takes a nasty turn – a full-on collision that leaves you shaken, your car crumpled, and your mind racing with questions. One of the biggest ones: When to Get a Lawyer After an Auto Accident

Hold on there, partner. While calling an Atlanta auto accident lawyer is a wise move in many situations, it’s not a one-size-fits-all answer. Let’s ditch the panic, assess the wreckage, and see if the legal backup is the right call for you.

The Case of the Minor Mishap: To Lawyer Up or DIY?

So, you’ve got a few dents and dings, but nobody’s hurt (yay!). The insurance companies seem to be on the same page about who’s to blame. Does a lawyer still enter the picture?

The truth is, for minor accidents with minimal damage and no injuries, you might be able to handle things yourself. Just be sure to gather all the necessary evidence (police report, photos of the damage, witness statements) and document everything meticulously. But a friendly word of caution: insurance companies aren’t known for their generosity. If their initial offer feels like pennies on the dollar for your wrecked ride, consider a free consultation with an Atlanta auto accident lawyer. They can review your case and advise you on whether it’s worth pursuing further compensation.

When the Stakes Get Higher: Calling in the Big Guns

Now, let’s say things get a little more complicated. Maybe you or a passenger sustained injuries, even if they seem minor at first. Whiplash is a sneaky villain that can take weeks, even months, to show its full wrath. Here’s when consulting an Atlanta auto accident lawyer becomes a smart move:

Injury City

 If you’ve been injured, no matter how minor it seems, get checked out by a doctor. Document everything related to the injuries, including medical bills, prescriptions, and any limitations they cause in your daily life. An Atlanta auto accident lawyer can help ensure you’re compensated fairly for your medical expenses and pain and suffering.

The Blame Game

 Was the accident a confusing multi-car pileup, or is the other driver pointing the finger at you? Don’t get stuck in a he-said-she-said blame battle alone. An Atlanta auto accident lawyer can investigate the accident, gather evidence, and fight to prove your innocence or hold the at-fault party accountable.

The Insurance Runaround

 Is the insurance company giving you the runaround? Are their adjusters lowballing your claim or denying it altogether? An Atlanta auto accident lawyer knows the law and can negotiate with the insurance company on your behalf. They can also help you understand your policy and ensure you’re getting the full coverage you deserve.

The Totaled Tragedy

 Did your car get written off? A lawyer can ensure you receive fair compensation for the car’s pre-accident value. Remember, a totaled car isn’t just about the metal; it’s about the inconvenience and potential extra costs of replacing reliable transportation.

Beyond the Basics: The Perks of Having an Atlanta Auto Accident Lawyer on Your Side

Sure, lawyers can handle the legal stuff, but their benefits go beyond just paperwork. Here are some additional reasons why having an Atlanta auto accident lawyer in your corner can be a game-changer:

Peace of Mind

Let’s face it, dealing with an accident aftermath is stressful. An Atlanta auto accident lawyer can take the legal burden off your shoulders, allowing you to focus on healing and getting your life back on track.

Leveling the Playing Field

As mentioned earlier, insurance companies have their legal teams. An Atlanta auto accident lawyer can ensure you have a skilled advocate fighting for your best interests.

Uncovering Hidden Costs

Sometimes, accident-related costs creep up over time. A lawyer can help you identify all potential damages, including lost wages, future medical care, and pain and suffering.

Finding the Right Atlanta Auto Accident Lawyer for You

Not all lawyers are created equal. When searching for an Atlanta auto accident lawyer, look for someone with experience handling cases similar to yours. Don’t be afraid to schedule consultations with a few different lawyers to find one you feel comfortable with and who clearly explains your options. Remember, most Atlanta auto accident lawyers offer free consultations, so there’s no reason not to explore your legal options. Even if you decide to handle the initial claim yourself, a lawyer can provide valuable guidance and ensure you have a skilled advocate fighting for your best interests.

Uncovering Hidden Costs

Sometimes, accident-related costs creep up over time. A lawyer can help you identify all potential damages, including lost wages due to missed work, future medical care if your injuries require ongoing treatment, and pain and suffering that goes beyond the physical.

Experience is King (or Queen)

 Look for a lawyer with a proven track record of handling cases similar to yours. Personal injury law is a broad field, so experience in car accident cases specifically is key. Many law firms have websites that showcase their team’s experience and areas of expertise.

The Power of Reviews

Don’t underestimate the power of online reviews from past clients. These reviews can give you valuable insights into the lawyer’s communication style, responsiveness, and overall effectiveness.

The Consultation Connection

Most Atlanta auto accident lawyers offer free consultations. This is your chance to get a feel for the lawyer’s personality and see if they’re a good fit. Don’t be afraid to ask questions! Some important questions include their experience with cases like yours, their fee structure, and their estimated timeline for resolving your case.

Read more about “Who Is at Fault in a Multiple Car Accident?” by visiting our blog page today!

Comfort and Communication

This might sound fluffy, but it’s crucial. You need to feel comfortable and be able to communicate openly with your lawyer. Find someone who explains things in a way you understand and who is responsive to your questions and concerns. Don’t wait too long to seek legal counsel. There are often statutes of limitations in place, which means there’s a specific timeframe within which you can file a lawsuit. An Atlanta auto accident lawyer can advise you on the specific time limits applicable to your case.

The Takeaway: Knowledge is Power 

Getting into an accident is a drag. But by knowing when to call in the Atlanta auto accident lawyer cavalry and how to find the right legal warrior for your situation, you can ease the burden and ensure you get the compensation you deserve. Remember, insurance companies have lawyers – shouldn’t you have one, too? No accident is fun, but with the right Atlanta auto accident lawyer on your side, you can navigate the legal maze and get back on the road to recovery. Don’t get stuck spinning your wheels dealing with insurance companies alone. If you’re in the Atlanta area and have been in an accident, reach out to Shani Brooks Law for a free consultation. They’ll fight to get you the compensation you deserve so you can focus on healing and getting your life back on track.

Atlanta accident got you feeling wrecked and regretful? Don’t navigate the legal maze alone. Shani Brooks Law offers free consultations to help you get back on the road to recovery – literally and figuratively. Call today and see how they can fight for the compensation you deserve.

Who Pays Pain and Suffering Auto Accident

Who Pays Pain and Suffering Auto Accident

Who Pays Pain and Suffering Auto Accident

In the wake of an auto accident, the physical and emotional toll on those involved is often immeasurable. Beyond the tangible damages to vehicles and property, there exists a realm of human suffering that transcends the boundaries of medical bills and repair costs. This intangible yet profound impact is encapsulated by the term “pain and suffering.” As victims grapple with the aftermath of a traumatic incident, a crucial question emerges – “Who Pays Pain and Suffering in an Auto Accident?”

Navigating the complexities of compensation for pain and suffering is akin to unraveling an intricate tapestry of legal intricacies. The financial burden associated with medical treatment and property damage may be straightforward, but the abstract nature of pain and suffering demands a nuanced understanding of legal precedents, insurance policies, and liability. This inquiry delves into the heart of a matter that extends beyond the tangible, urging us to explore the avenues through which individuals affected by auto accidents can seek redress for the intangible scars left by such incidents.

Join us on a journey through the labyrinth of auto accident compensation as we seek to shed light on the elusive question of who bears the responsibility for pain and suffering.

The Ins and Outs of Insurance

When it comes to compensating for pain and suffering in an auto accident, the first stop is often insurance. However, it’s crucial to note that not all insurance policies cover non-economic damages like pain and suffering. While medical expenses and property damage fall under the realm of economic damages, pain and suffering are considered non-economic and may require additional steps for compensation.

No-Fault Insurance States

In states with no-fault insurance systems, the game changes a bit. Personal Injury Protection (PIP) coverage typically covers medical expenses and lost wages regardless of who is at fault for the accident. However, when it comes to pain and suffering, no-fault systems may have limitations. In these cases, compensation for pain and suffering may only be pursued if the injuries meet a certain threshold of severity or permanency.

At-Fault Insurance States

In states following the at-fault system, the driver responsible for the accident is typically liable for economic and non-economic damages. The at-fault driver’s insurance should cover medical expenses, property damage, and, yes, pain and suffering. This is where negotiations with the at-fault driver’s insurance company come into play to ensure fair compensation for the intangible losses experienced by the victim.

The Economic vs. Non-Economic Divide

When it comes to compensation after an auto accident, damages are broadly categorized into economic and non-economic. Economic damages include medical bills, property damage, and lost wages – the tangible stuff with clear price tags. On the flip side, non-economic damages encompass pain and suffering, and they’re a bit trickier to quantify. They include emotional distress, loss of enjoyment of life, and the overall toll the accident takes on your well-being.

Who Pays for Pain and Suffering?

Now, let’s address the burning question – who pays for pain and suffering in an auto accident? The answer lies in a combination of insurance coverages, legal proceedings, and the particulars of the accident itself.

The At-Fault Driver’s Liability Insurance

In a typical scenario in an at-fault state, the liability insurance of the driver responsible for the accident should cover pain and suffering. This coverage is designed to compensate the victim for both economic and non-economic damages. However, it’s crucial to navigate these negotiations carefully, as insurance companies may attempt to minimize payouts.

Your Underinsured/Uninsured Motorist Coverage

If the at-fault driver is underinsured or uninsured, or if their insurance coverage is insufficient to cover your pain and suffering, your own underinsured/uninsured motorist coverage may come into play. This coverage is designed to protect you when the at-fault party is unable to adequately compensate for your losses.

The Role of Personal Injury Lawsuits

In some cases, especially when negotiations with insurance companies hit a roadblock, victims may resort to filing a personal injury lawsuit. This legal avenue allows victims to seek compensation for pain and suffering directly from the at-fault driver through a court judgment. It’s a more adversarial process, but it can be a necessary step to ensure fair compensation. Read about “What Is a Typical Settlement for an Auto Accident” to understand more about the compensation process.

Navigating the Complexity

The journey to securing compensation for pain and suffering in an auto accident is undoubtedly complex. Insurance policies, state laws, and the specific circumstances of the accident all play a role in determining who foots the bill. However, there are a few key tips to keep in mind as you navigate this intricate landscape:

Document Everything

From medical records and therapy sessions to journaling about the emotional toll, document everything related to your pain and suffering. This comprehensive documentation strengthens your case when negotiating with insurance companies or presenting your case in court.

Seek Legal Counsel

Consulting with a personal injury lawyer experienced in auto accidents is a crucial step. These legal experts understand the nuances of pain and suffering claims, can guide you through the legal processes, and ensure your rights are protected during negotiations or litigation.

Be Cautious with Insurance Adjusters

Insurance adjusters may attempt to settle quickly and for less than your case is worth. It’s essential to be cautious during conversations with them and not accept any offers without consulting your attorney. Adjusters are often trained to minimize payouts, and having legal representation levels the playing field.

Know Your State’s Laws

Familiarize yourself with the laws in your state regarding pain and suffering claims. Whether in a no-fault or at-fault state, understanding the rules and thresholds for pursuing non-economic damages will empower you to seek fair compensation.

Consider the Long-Term Impact

Pain and suffering extend beyond the immediate aftermath of the accident. Consider the long-term impact on your life, including potential ongoing medical treatments, therapy, and the overall quality of life. Ensure that any settlement or judgment accounts for these future implications.

Conclusion

So, who pays for pain and suffering in an auto accident? The answer is as intricate as the aftermath of the accident itself. It involves a dance between insurance coverages, legal proceedings, and the specific laws of your state. If you find yourself navigating this maze, remember that you don’t have to go it alone. Seek the guidance of a seasoned personal injury lawyer, document your experiences thoroughly, and be persistent in advocating for fair compensation. Your pain and suffering matter, and the road to justice might have twists and turns, but with the right approach, you can secure the compensation you deserve. Safe travels!

Ready to transform the uncertainty of who pays for pain and suffering after an auto accident into a clear path to justice? At Shani Brooks Law, we specialize in unraveling the complexities of compensation, ensuring that your pain and suffering receive the attention and financial acknowledgment they deserve. Don’t let the aftermath of an auto accident overwhelm you – let Shani Brooks Law be your guide to securing the compensation you rightfully deserve. Contact us now!

 

FAQs: Who Pays Pain and Suffering Auto Accident

Can I claim pain and suffering from my insurance after an auto accident?

In some cases, yes. Depending on the insurance laws in your state and the type of coverage you have, your own underinsured/uninsured motorist coverage may come into play if the at-fault driver’s insurance is insufficient or if the driver is uninsured.

What if the at-fault driver’s insurance doesn’t cover my pain and suffering adequately?

If the at-fault driver’s insurance falls short in covering your pain and suffering, your underinsured motorist coverage can step in to bridge the gap, providing additional compensation to ensure you receive a fair settlement.

Are pain and suffering damages covered in no-fault insurance states?

In no-fault insurance states, personal injury protection (PIP) coverage is primary for medical expenses and lost wages. However, compensation for pain and suffering may be limited and only pursued under certain circumstances, such as if the injuries surpass a specified threshold of severity or permanency.

How can I increase my chances of receiving fair compensation for pain and suffering?

To enhance your chances of fair compensation, document all relevant details of your pain and suffering, seek legal advice from a personal injury lawyer, understand your state’s laws regarding non-economic damages, exercise caution when dealing with insurance adjusters, and consider the long-term impact of your injuries in any negotiations or legal proceedings.

How To Avoid Serious Injury In Car Accidents In Atlanta

car accident

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.

When Do Most Merging Accidents Occur In Atlanta?

merging accident

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.

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.

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.

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.

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.

 

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.