Distracted on the Road: How Texting Impacts Fault in Traffic Accidents

Distracted driving is dangerous driving—and there is perhaps no form of distracted driving that is more dangerous than texting. The National Highway Traffic Safety Administration (NHTSA) cites data showing that drivers who were texting while driving are nearly 23 times more likely to crash.

A driver who causes a crash because he or she was texting while behind the wheel can be found negligent and held legally responsible for the resulting damages. Here, our Atlanta auto accident lawyer explains how texting can impact fault in a car crash in Georgia.

Georgia Has a “Hands-Free” Law

Our state has a “hands-free” law. The Georgia Governor’s Office of Highway Safety explains clearly that “drivers cannot have a phone in their hand or touching any part of their body while talking on their phone while driving.” While voice commands and hands-free technology are permitted, texting while driving is expressly prohibited. It is a traffic violation, and a police officer can pull a driver over if he or she is spotted texting while driving. Here is an overview of the penalties:

First Offense: A $50 fine and 1 point on the driver’s license.
Second Offense: A $100 fine and 2 points on the driver’s license.
Third Offense: A $150 fine and 3 points on the driver’s license.

Note: The law applies to all drivers, including those at stoplights. Even if you are at a red light, it is not permissible to read or write text messages while behind the wheel in Georgia.

Why Texting and Driving is Uniquely Dangerous

Texting and driving is one of the most dangerous things that a person can do. The Centers for Disease Control and Prevention (CDC) reports that distracted driving contributes directly to more than 3,000 traffic deaths each year. The CDC emphasizes that the official number is likely an undercount as distracted driving—including texting and driving—is systematically underreported. To understand the danger of texting and driving, NHTSA highlights the following: Sending or reading a text while driving takes a driver’s eyes off the road for an average of five seconds. For reference, that is enough time to cover the length of a football field when driving at 30 mph. Here is a more comprehensive overview of the reasons why texting and driving is so dangerous:

Texting is a Visual Distraction: Texting requires drivers to look away from the road, often for several seconds at a time. Unlike talking on a hands-free device, reading or typing a message completely removes visual attention from driving.
Texting is a Manual Distraction: When texting, drivers must take at least one hand off the steering wheel to hold or operate their phone. The loss of control can make it harder to react to sudden obstacles, other vehicles, or unexpected changes in traffic conditions.
Texting is a Cognitive Distraction: Texting diverts a driver’s mental focus away from driving. Even after sending a message, a driver may still be thinking about the conversation rather than the road. It can reduce a driver’s reaction time.

Georgia is a Fault-Based Car Accident State (Texting is Negligence)

Not only is texting and driving a traffic violation in Georgia, it is negligence. Negligence is defined as the failure to take proper care. Under Georgia law, the driver (or other party) who is at fault for causing a crash through negligence can be held legally liable for the resulting crash. A driver who was texting while behind the wheel is negligent and should be held accountable. Every serious crash should be thoroughly investigated by an experienced Atlanta auto accident lawyer. Your attorney can help you gather the evidence that you need to prove fault.

Note: In some cases, multiple parties may bear liability for the same crash. Georgia’s modified comparative negligence rule applies—victims can still recover damages if they are less than 50 percent at fault for the crash.

How Do You Prove the Other Driver Was Texting?

Evidence is the key to all car accident injury claims—and texting and driving crashes are certainly no exception to the rule. In some cases, a driver will own up and admit that they were texting. However, that does not always happen. One of the most effective ways is obtaining phone records, which can be subpoenaed to reveal timestamps of texts or app usage. Beyond that, eyewitness statements from passengers, pedestrians, or other drivers may also be relevant evidence. Finally, police reports may document texting as a contributing factor in the crash.

Recovering the Maximum Compensation for Distracted Driving Accident Victims

Hurt in a crash with a distracted driver in Georgia? You have the right to seek financial compensation for the full value of your damages, including any of your non-economic losses. How much can you expect to recover through a claim? The answer depends on a wide range of case-driven factors, including the specific nature and severity of your injuries. Unfortunately, the big insurance companies fight hard to pay less in settlement negotiations—even when their driver was the one who was texting and who caused the crash. Our Atlanta auto accident lawyer fights tirelessly to help injured victims secure the maximum compensation. You may recover for:

Property loss, including vehicle repairs;
Ambulance costs and emergency room care;
Hospital bills and other medical expenses;
Physical therapy and mental health support;
Loss of wages and loss of future earnings;
Pain and suffering & mental distress;
Long-term physical disability;
Loss of quality of life; and
Wrongful death of a family member.

Contact Our Atlanta Distracted Driving Accident Lawyer Today

At Shani O. Brooks P.C., our Atlanta car accident attorney has the skills, knowledge, and legal experience that you can trust. It is our mission to help victims and families secure justice and the maximum financial compensation. If you were hurt in a crash with a driver who was texting, we are here to help. Contact us today for a free, no-obligation initial case review. With an office in Atlanta, we handle distracted driving accident cases throughout the wider region of Northern Georgia.

October 19, 2024October 30, 2024

Do I Need a Lawyer for Auto Accident

Do I Need a Lawyer for Auto Accident

So, you’ve been in a car accident in Atlanta. Maybe it was a fender bender, or perhaps it was more serious. Regardless, you’re probably feeling overwhelmed, confused, and maybe even a little shaken up. In times like these, it’s natural to wonder: Do I need a lawyer for a car accident?

Let’s cut to the chase: the answer isn’t a simple yes or no. It depends on various factors, including the severity of the accident, the extent of your injuries, and the complexity of the legal process. However, having an experienced Atlanta auto accident lawyer by your side can make a significant difference in your case’s outcome and your peace of mind.

Understanding the Importance of Legal Representation

First things first, let’s talk about why having a lawyer matters after an auto accident, especially in a congested city like Atlanta.

Navigating Legal Procedures

Dealing with insurance companies, understanding your rights, and filing paperwork can be daunting tasks, especially when you’re recovering from injuries. A skilled car accident lawyer can handle these processes efficiently, ensuring you don’t miss any crucial steps or deadlines.

Let’s face it: the legal system can be a maze, especially when you’re dealing with the fallout of an accident. There are forms to fill out, deadlines to meet, and procedures to follow. One wrong move and you could jeopardize your entire case. That’s where a lawyer comes in handy. They’re like your personal GPS through the legal landscape, guiding you every step of the way.

Assessing Damages

Determining the true extent of your damages goes beyond just medical bills and vehicle repairs. A lawyer can help you assess all the losses you’ve incurred, including lost wages, future medical expenses, pain and suffering, and more.

Think about it: an accident doesn’t just affect you physically; it can impact every aspect of your life. Maybe you had to take time off work, or perhaps you’re dealing with ongoing pain that affects your quality of life. These are all factors that should be considered when seeking compensation. An experienced lawyer knows how to put a dollar value on these intangible losses, ensuring you don’t settle for less than you deserve.

Negotiating with Insurance Companies

Insurance companies are notorious for trying to minimize payouts to accident victims. A lawyer who knows how to negotiate with insurance adjusters can help you secure a fair settlement that fully compensates you for your losses.

Here’s a little secret: insurance companies have teams of lawyers and adjusters whose job is to pay out as little as possible. They might seem friendly on the phone, but remember, they’re not on your side. Your lawyer, on the other hand, is your advocate. They speak the insurance company’s language and know all the tricks of the trade. With a lawyer in your corner, you’re leveling the playing field.

Litigation Representation

In some cases, auto accident claims may need to go to court. If negotiations fail to yield a satisfactory outcome, having a lawyer who is prepared to advocate for you in the courtroom is essential.

Most cases settle out of court, but if yours doesn’t, you’ll want someone who’s comfortable in a courtroom setting. A good lawyer is like a skilled performer—they know how to present your case in the most compelling way possible, whether it’s to a judge or a jury.

You May Not Need an Attorney If Your Accident Sounds Like This

While having legal representation is generally advisable after a car accident, there are situations where you might not need a lawyer.

Minor Accidents with No Injuries: If you were involved in a minor fender bender where no one was injured and the property damage is minimal, you might be able to handle the insurance claim process on your own.
Clear Liability: In cases where liability is straightforward, and the other party’s insurance company accepts fault, you may not need legal representation to negotiate a settlement.
Minimal Damages: If your damages are relatively minor, and you’ve fully recovered from any injuries with minimal medical expenses, hiring a lawyer may not be necessary.

When You Definitely Need a Lawyer

On the flip side, there are scenarios where hiring an Atlanta auto accident lawyer is crucial.

Serious Injuries

If you sustained severe injuries in the accident, such as broken bones, traumatic brain injury, spinal cord injury, or permanent disability, having a lawyer is essential. These cases often involve high medical expenses, long-term care needs, and significant pain and suffering.

Serious injuries can change your life in an instant. Maybe you’re looking at months of physical therapy, or perhaps you’re unable to return to your job. In cases like these, the stakes are simply too high to go it alone. A lawyer can help ensure that you’re compensated not just for your current medical bills, but for future expenses and lost earning potential as well.

Disputed Liability

When fault for the accident is disputed, or multiple parties are involved, the legal complexities become more challenging. A lawyer can gather evidence, reconstruct the accident, and advocate for your rights effectively.

Sometimes, it’s not clear who’s at fault in an accident. Maybe both drivers think the other one is to blame, or perhaps there are multiple vehicles involved. These cases can quickly become a game of “he said, she said.” A lawyer can help cut through the confusion, gathering evidence and expert testimony to build a strong case on your behalf.

Complex Legal Issues

Some car accident cases involve complex legal issues, such as uninsured or underinsured motorists, defective auto parts, or government entity liability. An experienced lawyer will have the experience to handle these complexities and protect your interests.

Not all accident cases are straightforward. What if the other driver doesn’t have insurance? Or what if your accident was caused by a pothole that the city should have fixed? These situations involve additional layers of legal complexity. A skilled lawyer knows how to navigate these tricky waters, ensuring you don’t miss out on compensation just because your case is a bit more complicated.

Insurance Bad Faith

If you suspect that the insurance company is acting in bad faith by denying your claim without valid reason or offering an unreasonably low settlement, a lawyer can help you fight back and pursue the compensation you deserve.

Insurance companies are supposed to act in good faith, but sometimes they don’t play by the rules. They might deny a valid claim or offer an insultingly low settlement. If you feel like you’re being treated unfairly, it’s time to bring in the big guns. A lawyer can recognize bad faith tactics and know how to counter them effectively.

The Hidden Complexities of Auto Accident Cases

Even if your case seems straightforward at first glance, there are often hidden complexities that can trip up the unwary. Here are a few examples:

Statute of Limitations

In Georgia, you generally have two years from the date of the accident to file a personal injury lawsuit. Miss this deadline, and you could lose your right to compensation entirely. A lawyer will ensure all necessary actions are taken within the required timeframe.

Comparative Negligence

Georgia follows a modified comparative negligence rule. This means that if you’re found to be 50% or more at fault for the accident, you can’t recover damages. If you’re less than 50% at fault, your damages will be reduced by your percentage of fault. A skilled lawyer can help present your case in the most favorable light, minimizing your perceived fault and maximizing your potential compensation.

Long-Term Medical Complications

Some injuries, particularly those involving the neck, back, or brain, may not fully manifest immediately after the accident. You might think you’re fine, only to develop chronic pain or cognitive issues weeks or months later. A lawyer can help ensure that your settlement takes into account potential future medical needs.

Emotional and Psychological Impact

Auto accidents can leave more than just physical scars. Many victims experience anxiety, depression, or even PTSD following a serious crash. These psychological impacts are less visible than physical injuries but can be just as debilitating. An experienced lawyer will know how to document and prove these less tangible damages, ensuring you’re compensated for the full impact of the accident on your life.

Finding the Right Lawyer for Your Case

If you’ve determined you need legal representation for your Atlanta auto accident case, the next step is finding the right lawyer. Here are some tips to help you choose wisely:

Experience: Look for a lawyer who handles personal injury claims and has a successful track record of success, particularly in Atlanta.
Reputation: Check online reviews, testimonials, and peer ratings to gauge the lawyer’s reputation and credibility.
Communication: Choose a lawyer who communicates openly and clearly, keeping you informed about your case’s progress every step of the way.
Personalized Attention: Avoid firms that treat clients as mere case numbers. Opt for a lawyer who provides personalized attention and genuinely cares about your well-being.
Fee Structure: Discuss the lawyer’s fee structure upfront to ensure transparency and avoid any surprises down the line. Many personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case.

The Legal Process: What to Expect

If you decide to hire a lawyer, here’s a general overview of what you can expect:

Initial Consultation: This is your chance to tell your story and get a sense of whether the lawyer is a good fit for you. Most personal injury lawyers offer free initial consultations.
Investigation: Your lawyer will gather evidence, including police reports, witness statements, and medical records. They may also consult with accident reconstruction experts if necessary.
Medical Treatment: While your lawyer is building your case, you’ll focus on getting better. Follow your doctor’s orders and keep all your appointments.
Demand Letter: Once you’ve reached maximum medical improvement, your lawyer will send a demand letter to the insurance company outlining your case and demanding fair compensation.
Negotiations: Your lawyer will negotiate with the insurance company to reach a fair settlement. This process can take some time, but a good lawyer won’t rush to accept a lowball offer.
Lawsuit Filing: If a fair settlement can’t be reached, your lawyer may file a lawsuit on your behalf. Don’t worry—most cases still settle out of court even after a lawsuit is filed.
Discovery: Both sides exchange information about the case. This might include depositions, where you answer questions under oath.
Mediation or Arbitration: These are alternative dispute resolution methods that may be used to settle the case without going to trial.
Trial: If necessary, your case will go to trial, where your lawyer will present your case to a judge and jury.

Remember, every case is unique, and your lawyer will guide you through each step of the process.

Contact a Trusted Lawyer for Your Car Accident Case

While you might not always need a lawyer for every car accident, having legal representation can significantly improve your chances of obtaining fair compensation. If you’ve been involved in a car accident in Atlanta, especially if it resulted in serious injuries or disputed liability, don’t hesitate to seek the guidance of an experienced Atlanta car accident lawyer. Your rights and future well-being are worth fighting for.

Remember, you don’t have to go through this ordeal alone. A skilled lawyer can be your advocate, ally, and source of support during this challenging time. They can handle the legal heavy lifting while you focus on what’s most important—your recovery and getting your life back on track.

Ready to navigate the legal maze of auto accidents without breaking a sweat? Shani O. Brooks P.C. is your partner in securing the compensation you deserve for your Atlanta car accident. Our experienced team is committed to providing personalized, zealous representation to ensure you receive the maximum compensation for your injuries and losses.

Don’t face the complexities alone—let our experienced Atlanta personal injury lawyers handle the legal heavy lifting while you focus on recovery. Schedule your free consultation today at (404) 920-4736 or through our online form for your free consultation, and take the first step toward peace of mind. At Shani O. Brooks P.C., we’re not just your lawyers; we’re your allies in the fight for justice.

September 24, 2024November 7, 2024

What to Do If You Are Involved in a Multi Vehicle Accident?

Being involved in a car accident can be devastating, and experiencing a multi vehicle accident can lead to tragic consequences. Unfortunately, determining fault in such situations is often challenging. However, ensuring your safety is crucial, and you can take steps to ensure it. The aftermath of these incidents typically involves a mix of physical injuries, property damage, and the intimidating task of establishing liability. The complexity strengthens with multiple vehicles, making it difficult to unravel events and identify the responsible parties. Amidst this chaos, prioritizing personal safety precautions is crucial. Beyond immediate concerns, dealing with the aftermath of a multi vehicle accident presents numerous challenges, including potential legal complexities and insurance claims. Seeking guidance from our legal professionals at Shani O. Brooks P.C. is crucial during this intricate process. Our expertise can provide you with the support and insights needed to navigate the aftermath, helping you make informed decisions and ensuring your rights are protected.

multi vehicle accident | multi car accident

What Constitutes a Multi Vehicle Accident?

Most multi car accidents involve rear-ending. If only two vehicles are involved in the incident, the damage can be somewhat minimal. However, if there is a line of cars traveling too close, a pile-up is likely. In this case, faulty driver may be held liable for all damages sustained by the other vehicles.

Since Atlanta follows a modified comparative negligence formula to pinpoint liability, all drivers involved in the multi car accident may share the blame. Simply put, this law states if the liable driver was less than 50 percent at fault for the accident, they can receive compensation – but the amount will be reduced according to the percentage of their responsibility. For example, if they are 10 percent liable, the amount they receive in compensation will be reduced by 10 percent.

To determine the liability or that percentage, here are some things you should do after the accident:

Contact the Police and Exchange Information: After checking for personal injuries, call the police right away. Before they arrive, exchange your information with the other drivers, getting as much information about the collision scene of the entire accident as you can.

Document the Accident: Document as much of the scene of the accident as you can by taking pictures of the damaged cars and fatal injuries other drivers and passengers sustained, taking videos of eyewitness accounts, and getting their contact information. The more physical evidence you have, the stronger your case will be when it comes to determining liability.

Tell Your Story and Get the Police Report: Once the police arrive, calm yourself before telling them your side of the story. An emotional response will only confuse them and they may turn to the other drivers first. After giving your account, get in touch with your insurance adjusters provider to update them. Make sure you also get a copy of the police report and other findings, which prove whether any of the other drivers violated a traffic law.

Seek Medical Attention and Document Injuries: Even if injuries seem minor, it’s essential to seek emergency medical attention promptly. Some severe injuries may not manifest immediately, and having a medical professional document any devastating injuries sustained can be crucial for your case. Ensure you keep records of all medical examinations, treatments, and related medical expenses.

Preserve the Scene and Avoid Admitting Fault: If it’s safe to do so, try to preserve the accident scene by not moving vehicles unless necessary for safety reasons. Avoid admitting fault or making statements that could be interpreted as an admission of guilt. Stick to the facts when discussing the multi vehicle accident with the police and other liable parties involved.

Collect Eyewitness Statements and Contact Information: If there are eyewitnesses to the multi vehicle accident, collect their accurate statements and contact information. Eyewitness accounts can provide valuable perspectives and support your version of events when determining liability.

Cooperate with Law Enforcement and Obtain the Police Report: Cooperate fully with the police during their investigation. Provide them with accurate and concise information. Request a copy of the police report, which will detail the circumstances of the multi vehicle accident and may include preliminary findings regarding fault.

Notify Your Insurance Company Promptly: Contact your insurance company as soon as possible after the multi vehicle accident. Provide them with a relevant detailed account of the incident and any documentation you’ve gathered. Timely accident reporting is crucial for the accident claims process.

Consult with an Attorney: In complex cases, especially those involving multi vehicle accidents, consulting with an experienced accident attorney is advisable. They can provide legal guidance, review your case, and advise you on the best course of action. A personal injury attorney, such as those at Shani O. Brooks P.C., can also help protect your rights and negotiate with insurance companies on your behalf. Seeking the expertise of a legal professional is crucial to navigating the complexities of a multi vehicle accident effectively.

A multi vehicle accident can be overwhelming for victims but the faster you make a case, the faster you can be compensated for excess damages. Just make sure you do this before the statute of limitations runs out or you may have to pay out-of-pocket.

If you or someone you know has been involved in a multi car accident, you need an experienced auto accident lawyer in your corner to help you through it. With more than 10 years of experience in the field, at Shani O. Brooks P.C., we do not back down when faced with aggressive opposition in court. Take back control of your life and get the compensation you deserve by getting in touch with us today for a consultation.

You can also follow us through our social links below:

April 28, 2024November 7, 2024

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.

April 28, 2024November 7, 2024

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.

January 28, 2024November 7, 2024

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.

December 12, 2023November 7, 2024

How To Avoid Serious Injury In Car Accidents In Atlanta

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

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

Always Wear Your Seatbelt

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

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

Adjust The Headrest

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

Keep Your Head Close To The Headrest

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

Do Not Sit Too Close To The Steering Wheel

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

Never Sit With Feet On The Dashboard

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

Speak To Our Atlanta Car Accident Lawyer Today

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

November 14, 2023November 7, 2024

When Do Most Merging Accidents Occur In Atlanta?

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

What Is A Merging Accident?

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

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

When Do Merging Accidents Happen?

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

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

Who Is At Fault For An Atlanta Merging Accident?

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

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

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

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

Speak To Our Atlanta Car Accident Attorney Today For Help

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

July 18, 2023November 7, 2024

Occupations That Could Be Sued Under 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.

June 27, 2023November 7, 2024

Steps To Take After An Accident With Injury In Georgia

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.