Why Teenagers are the Most Dangerous Drivers on the Road

Teenage drivers between 16-19 years old are considered the most dangerous drivers on the road. Their inexperience and propensity to engage in risky behaviors make them 3 times more likely to be involved in a fatal car crash than drivers aged 20 and over. Understanding the factors that contribute to teenagers being dangerous drivers can help parents and policymakers develop effective interventions to improve teen driving safety.

Inexperience

Lack of experience is a major reason why teens are more likely to be involved in accidents. Teen drivers simply have not spent enough time behind the wheel to adequately develop their driving skills. Key skills like hazard perception, vehicle control, and situational awareness require substantial driving experience to master. Studies show that most teens do not become fully competent drivers until they have been driving independently for at least 6 months. During the initial months of unsupervised driving, their crash risk is at its highest. Insufficient practice under variable road conditions also contributes to poor driving skills.

Overconfidence

Teen drivers are often overly confident in their driving abilities, especially male teens. Their self-assurance exceeds their actual skill level, which leads them to underestimate risks and overestimate their ability to handle dangerous situations. Teens are also more susceptible to peer pressure, which can encourage them to show off their driving prowess. However, bravado does not translate into safe driving. Overconfidence causes teens to speed, tailgate, and engage in other hazardous behaviors that put everyone on the road at risk.

Distracted Driving

Driver distraction is a nationwide epidemic, but teens are the most likely age group to drive distracted. Activities like texting, talking on the phone, adjusting music, eating, and interacting with friends in the car significantly raise the chances of a crash. Teen drivers have the poorest records when it comes to distracted driving, likely because they are constantly connected to their cell phones and social media. Their underdeveloped brains also make it difficult for them to multitask successfully while driving. Banning cell phone use and enacting strict distracted driving laws can help curb unsafe distracted driving behaviors among teens.

Drowsy Driving

Teens require more sleep than adults, but seldom get the recommended 8-10 hours per night. Drowsy driving caused by insufficient sleep is a major problem for teenage drivers. Drowsiness slows reaction times, impairs information processing and judgement, and increases moodiness – all of which contribute to unsafe driving. Late night driving is particularly dangerous for sleep-deprived teens who struggle to maintain focus and attention on the road. Implementing later school start times can help teenagers get more rest and make early morning commutes safer.

Reckless Driving

Teenage drivers engage in high risk driving behaviors far more frequently than older drivers. Speeding, racing, failure to yield, running red lights, improper turns, and drunk driving are all reckless driving habits prevalent among teen drivers. Immaturity, thrill-seeking tendencies, and susceptibility to peer pressure often lead to poor decision-making. Lip syncing challenges on social media even encourage dangerous driving stunts. Stronger graduated licensing programs, parenting interventions, and enforcement of zero tolerance laws for reckless driving can promote safer behaviors among teens.

Lack of Seatbelt Use

Teens have the lowest rate of seatbelt use compared to other age groups. Lack of seatbelt use is especially common among teen male drivers. Seatbelts dramatically reduce crash fatalities and injuries, but teens do not always buckle up despite seatbelt laws. While education campaigns help, consistent modeling of seat belt use and primary seatbelt enforcement laws allowing police to stop drivers solely for belt violations could improve teen belt usage.

Alcohol Impaired Driving

Drinking and driving is more widespread among teens than adults, even though all states have zero tolerance laws prohibiting driving with any detectable blood alcohol concentration for those under 21. However, teen drivers are still overrepresented in alcohol related fatal crashes, comprising nearly 15% of such incidents. Binge drinking and belief in alcohol-induced invincibility contribute to drunk driving among youth. Stronger drinking and driving legislation paired with effective alcohol addiction treatment and education programs could help lower impaired driving rates for teens.

Presence of Young Passengers

Transporting young passengers significantly increases the crash risk for teen drivers. Studies show fatality rates for 16-17 year old drivers double with one passenger under 21, and quadruple with two or more passengers. Even siblings can be a dangerous distraction. Loud music, active conversation, joking around, and general fooling behavior escalate unsafe driving when teens drive other teens. Graduated licensing restrictions limiting the number of permitted young passengers can reduce crashes. Parents must also limit teens transporting other teens, especially when first licensed.

Parental Involvement & Oversight

Research proves that engaged parenting and parental monitoring of driving activities substantially protects novice teen motorists. Teens with actively involved parents have lower crash and fatality rates. Setting clear rules, leading by example, regularly conversing about safe driving, monitoring mileage and behavior, limiting passengers, and promoting accountability through technology like apps and feedback systems makes teens safer drivers. Comprehensive graduated licensing systems paired with vigilant parental oversight provides the best protection during the high-risk learning period.

Teenagers’ lack of experience and propensity for risk-taking make them the most dangerous drivers on the road. Comprehensive graduated licensing programs, effective educational interventions, vigilant parental monitoring, and consistent modeling of safe behaviors can help increase teen driving safety and reduce motor vehicle injuries and fatalities. With proper training and oversight, teens can develop into competent drivers.

Whether you have been caught up in an accident with a teenage driver or someone you love has, it is important to seek legal advice. If a teenage driver was distracted, speeding, or driving under the influence, they almost certainly bear some or all liability for the accident.

Visit our offices today and discuss your case. You can find us at the following locations:

  • 7176 Hodgson Memorial Drive, Savannah, GA 31405 
  • 320 East Clayton Street, Athens, GA 30601 
  • 197 14th St. NW, Suite 200, Atlanta, GA 30318 
  • 110 Traders Cross #226, Okatie, SC 29909 

Or call now for a free consultation on (800) 529-1441.

Ready to Talk to a Lawyer Who Has Your Back?

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Drunk Driving Accidents: Building a Strong Case to Hold Intoxicated Drivers Liable

Drunk driving accidents cause thousands of injuries and deaths every year. Many victims and their families want to hold the intoxicated driver liable for damages through a personal injury lawsuit. However, drunk driving cases can be complex. Proving liability and getting full compensation often requires working with an experienced personal injury attorney to build a strong case.

Proving Liability

The key to winning compensation in a drunk driving accident case is proving liability – that the negligent actions of the drunk driver caused the collision and your injuries. Several factors can help establish liability. These include:

Blood Alcohol Concentration – Getting the driver’s BAC from blood tests shows their level of intoxication. A BAC of 0.08% or higher constitutes being legally impaired in most states. The higher the BAC, the clearer the liability.

Field Sobriety Test Results – Most officers conduct standard field sobriety tests at the scene. Failing these tests helps show the driver was impaired and unfit to operate a vehicle.

Witness Statements – Eyewitness accounts of the driver’s behavior or statements they made about drinking support intoxication and liability.

Bar Receipts – Receipts showing the driver purchased alcohol before driving, especially high quantities in a short time, help prove impairment.

Circumstantial Evidence – Facts like empty beer cans in the vehicle, visiting bars beforehand, driving recklessly, or getting into previous alcohol-related accidents establish a pattern of drunk driving behavior.

Accident Reconstruction – Expert analysis of factors like skid marks and location of impact can show the impaired driver caused the crash through reckless actions like speeding or running lights.

Dram Shop Laws – Some states allow suing bars and restaurants that continued serving a clearly intoxicated patron who later caused drunk driving injuries.

Even with strong evidence of drunk driving, the at-fault driver’s insurance company will often deny full liability. An attorney can insist on getting access to all available evidence and fight for your right to fair compensation.

Proving Damages

In addition to liability, a drunk driving accident lawsuit seeks compensation for all your monetary damages caused by the collision. With an attorney’s help, be sure to claim all applicable damages:

  • Medical expenses from initial hospitalization, surgeries, therapy, at-home care, and ongoing treatment related to your injuries. Thoroughly document expenses and get statements from doctors confirming future costs.
  • Lost income from missing work due to recovering from crash injuries. Calculate how earnings you lost while unable to work and potential long-term impacts on your earning capacity.
  • Loss of future earnings if injuries prevent you from returning to your occupation or have reduced your ability to work and earn as you previously could.
  • Pain and suffering damages for physical pain from injuries and emotional trauma from the incident.
  • Loss of enjoyment of life if injuries inhibit participation in activities that previously brought you happiness.
  • Property damage to your vehicle or other personal property.
  • Wrongful death damages if a loved one was killed, including loss of companionship, benefits, services, and support.

The liable drunk driver’s insurance company will likely dispute injury claims, projected medical costs, and other damages. A personal injury lawyer can value damages fairly using methods like contacting doctors to verify treatment expectations or hiring vocational experts to analyze losses in earning capacity.

Settlement Negotiations

After proving liability and damages, most drunk driving cases settle out of court to avoid a drawn-out lawsuit. An experienced attorney will negotiate firmly with the insurance company on your behalf to get a fair settlement covering the full value of your damages. Be prepared for insurers to initially offer unreasonably low settlements. Your lawyer can insist on justification for their amounts and make persuasive legal arguments for increased payouts until reaching an acceptable settlement.

If a reasonable settlement can’t be reached, a skilled personal injury lawyer can take the case to trial and argue for damages before a jury. They will handle all aspects of your case – gathering evidence and witnesses, filing court documents, presenting arguments in court, examining witnesses, and more. This allows you to focus on recovery while having your strongest legal advocate fighting for maximum compensation.

Drunk Driving Laws in Georgia and South Carolina

Laws pertaining to drunk driving and its consequences vary somewhat between states. In Georgia and South Carolina, some key laws include:

  • The legal BAC limit for drivers is .08%. Lower limits exist for commercial drivers and drivers under 21. Just being over the limit constitutes DUI regardless of outward signs of impairment.
  • Getting a DUI conviction results in fines, license suspension, probation, potential jail time, and an ignition interlock device requirement. Refusing a breathalyzer can increase penalties.
  • Both GA and SC are modified comparative negligence states – you can still recover damages if you are partially at fault, but the award decreases by your percentage of fault.
  • Both GA and SC  allow victims to sue establishments that negligently over-served drunk drivers who later cause injuries. Individuals and establishments have a duty to keep others safe.
  • Both states allow punitive damages in drunk driving cases where gross negligence is established, increasing the financial liability.

Consult a Personal Injury Attorney About Your Case

Recovering after a drunk driving collision is difficult enough without having to fight insurance companies for fair compensation. Having an experienced personal injury attorney on your side levels the playing field and takes the legal burden off your shoulders. 

Our attorneys offer compassionate guidance and vigorous representation to drunk driving accident victims in Georgia and South Carolina. We handle every aspect of building a compelling case so you can focus on healing while we fight for the maximum compensation you deserve. If you or a loved one have suffered injuries in a drunk driving crash, contact us for a free consultation to discuss your legal options. With an aggressive and dedicated legal advocate, you can hold intoxicated drivers fully liable for the harm they’ve caused.

Visit one of our offices at:

  • 7176 Hodgson Memorial Drive, Savannah, GA 31405 
  • 320 East Clayton Street, Athens, GA 30601 
  • 197 14th St. NW, Suite 200, Atlanta, GA 30318 
  • 110 Traders Cross #226, Okatie, SC 29909 

Or call now for a free consultation on (800) 529-1441.

Ready to Talk to a Lawyer Who Has Your Back?

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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The Impact of Texting and Driving Laws on Car Accident Liability in Atlanta

Texting while driving has become an epidemic on Atlanta roads and highways. The dangers of taking your eyes off the road to read or type out a text message are well documented. Texting drivers are 6 times more likely to cause an accident than drunk drivers.

Georgia was relatively late to pass laws banning texting and driving. The state did not have a texting ban until 2018. However, now that texting while driving is illegal, how does this impact who is at fault in an accident caused by a texting driver?

Georgia’s Texting and Driving Laws

In 2018, Georgia finally passed a statewide texting ban for all drivers. Prior to this law, Georgia only prohibited texting for novice teen drivers and school bus drivers.

The 2018 law made it illegal for all drivers to:

  • Read or write any text-based communication, including text messages, email, and social media.
  • Use the internet on a wireless telecommunications device.
  • Record video on a phone.

There are exceptions for emergency personnel and drivers reporting crimes or emergencies.

The penalty for a first-time offense is 1 point added to your license and a $50 fine. The second and subsequent offenses come with 2 points and a $100 fine.

While this was an important step for road safety, the law does not allow law enforcement to pull over drivers only for texting. Police must have another reason to initiate a traffic stop first before they can ticket you for distracted driving.

How Texting and Driving Affects Liability

Prior to the statewide texting ban, the fault for an accident caused by a texting driver was determined by the same negligence principles as other types of distracted driving crashes. The at-fault driver would be ticketed for a violation like failure to maintain lane and would be held liable for any injuries or damages.

Now that texting and driving is specifically prohibited by law, a driver who causes an accident while illegally texting is almost assured to be found predominantly at fault. Breaking the texting law shows clear negligence on the part of the texting motorist.

Even in states without a texting ban, texting and driving is considered negligence per se – meaning that the act itself is inherently negligent, regardless of the circumstances.

So, in Georgia, a driver who hits another vehicle because he or she was texting will be considered primarily negligent. The texting driver’s insurance will be responsible for covering the damages and medical bills of any injured parties.

Contributory Negligence in Atlanta Accidents

Georgia uses a modified comparative negligence rule to determine accident liability. This means that an injured victim can still recover damages even if they were partially at fault, as long as their fault was 50% or less. However, their award will be reduced by their percentage of fault.

For example, if a victim was found 25% liable for an accident caused by a texting driver, their damages award would be reduced by 25%.

An injured victim can be assigned partial contributory negligence if they were also distracted in some way. Common examples include:

  • Texting, talking or otherwise using a cell phone
  • Eating, grooming, or attending to kids or pets
  • Fiddling with music, navigation or other vehicle controls
  • Applying makeup or looking at oneself in the mirror
  • Turning around to deal with rowdy passengers
  • Trying to retrieve a fallen object in the vehicle

However, the negligence of the texting driver is usually deemed much more severe. It will outweigh any minor negligence by the victim.

Damages in Texting and Driving Accidents

The types of accident damages that can be claimed against a texting driver are the same as in any auto accident case. These include:

Property Damage

Reimbursement for damage to any vehicles, buildings, fences, landscaping or other property damaged by the collision. This includes deductibles paid, rental car costs while a vehicle is in the shop, and any reduction in value due to the vehicle now having an accident history.

Medical Expenses

Payment of all hospital bills, doctor bills, therapy, prescriptions, assistive devices and other costs related to treating crash injuries. Future predicted medical costs can also be recovered.

Lost Income

Reimbursement for any wages lost due to missing work because of crash injuries. Lost income awards also take into account reduced earning capacity if disabilities from the crash limit future job prospects.

Pain and Suffering

Monetary compensation for physical pain, mental anguish, reduced quality of life and other intangible losses. These non-economic damages aim to provide justice for what the victim has endured.

Wrongful Death

In fatal accidents, the family of the deceased victim can recover damages through a wrongful death claim, including funeral costs, lost financial support, loss of companionship, and punitive damages.

Punitive Damages

In rare cases where the texting driver’s actions are found especially egregious and reckless, punitive damages meant to punish the defendant can be awarded on top of regular compensation.

By hiring an experienced Atlanta car accident attorney, victims can make sure they receive full and fair compensation when injured by a negligent texting driver. An attorney will deal with the insurance companies and aggressively negotiate a favorable settlement. If a satisfactory settlement cannot be reached, the attorney can file a lawsuit to take the case to court.

Don’t Delay – Contact a Lawyer Today

The dedicated car accident lawyers at The Brown Firm have helped hundreds of clients get fully compensated after Atlanta wrecks caused by texting motorists. We fight relentlessly to help victims recover damages for their injuries, lost income, property damage, and pain and suffering. We always demand fair compensation not just for hard costs but for the mental and emotional toll these preventable accidents take. Don’t leave compensation up to chance – contact our office today for a free consultation.

Visit our offices at:

  • 7176 Hodgson Memorial Drive, Savannah, GA 31405 
  • 320 East Clayton Street, Athens, GA 30601 
  • 197 14th St. NW, Suite 200, Atlanta, GA 30318 
  • 110 Traders Cross #226, Okatie, SC 29909 

Or call now for a free consultation on (800) 529-1441.  

Ready to Talk to a Lawyer Who Has Your Back?

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Can a Car Accident Make Scoliosis and Other Back Conditions Worse?

If you’ve suffered a car wreck and found yourself experiencing pain in your spine as a result, you’re not alone.

Neck and back problems are among the most pervasive symptoms following an accident. In fact, the United States alone reports well beyond 800,000 auto-accident related neck injuries each year. Overall, U.S. consumers and insurance companies spend over $5 billion annually on treatment for these injuries.

But what if you already have an existing back problem, like scoliosis? Can a serious car accident make your situation worse? And if so, what kind of compensation could you receive from a personal injury lawsuit?

In this blog post, we’ll take a closer look at how car accidents can cause or exacerbate back pain and scoliosis, and what your legal options may be.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

The Link Between Spinal Injuries and Car Accidents

So, can a car accident cause back conditions, or make existing cases worse? The short answer is yes, it can.

Your spinal column is one of the most vulnerable parts of your body during a car crash. When two vehicles collide, the sudden “whipping” impact of inertia often causes the load on the occupant’s neck to skyrocket. This is especially true for rear-end collisions, but it can occur in other types of vehicle accident as well.

Sometimes, the force is strong enough to result in herniated spinal discs, broken vertebrae, joint damage, muscle damage, or even a spinal cord injury. If left untreated, injuries such as the above can trigger the development of scoliosis or cause an existing case to worsen at an accelerated rate (or develop symptoms for the first time). This may result in increased pain and mobility problems and make it much more difficult to function from day to day.

scoliosis after car accident
scoliosis after car accident

What is Scoliosis and Where Does it Come From?

Let’s provide a quick explanation of scoliosis.

A healthy spinal column is straight and firm. From this position, it helps the body retain upright and proper posture.

Scoliosis, however, causes the spinal column to bend in various abnormal ways. Instead of rising straight through the back to the neck, it bends toward one side or another (often taking on the shape of an S or a C). Because of this improper shape, scoliosis patients may suffer from a range of problems, including:

  • Mild chronic pain (causing daily irritation, but manageable)
  • Poor posture
  • Mobility limitations
  • Exhaustion
  • Severe chronic pain (impeding everyday tasks)

There are a number of possible causes for scoliosis — in fact, doctors are fairly certain they haven’t yet identified every factor in its development. But some of the most widely recognized are:

  • Hereditary genetic conditions and/or genetic mutations (such as Marfan or Down syndrome)
  • Physical trauma such as sports injuries
  • Cerebral palsy
  • Birth defects
  • Muscular dystrophy
  • Tumors

For many patients, scoliosis is first diagnosed during childhood or adolescence. In some cases, physical trauma later in life can be an instigating factor.

RELATED POST: What is a Fair Settlement Amount for my Back Injury?

Those With a Pre-Existing Condition May Struggle to Get Fair Compensation

If a car accident caused your back condition or made it worse, you absolutely have a right to make a personal injury claim.

Legally, the insurance company is required to take an injured person “as they are.” If you have a pre-existing medical condition that is unaffected by the accident, then you won’t receive any compensation for it. But if your medical condition is aggravated by the accident, you are entitled to compensation—to the degree that it was made worse.

However, this does not mean that getting fair compensation for your medical bills, lost wages, and other damages resulting from your car accident injuries will be easy. Saying a car accident aggravated your scoliosis is one thing; proving it to the insurance company is another.

You will likely need strong evidence that establishes:

  • Your condition, symptoms, and project long-term medical treatment needs as they were before the car crash
  • Your condition, symptoms, and projected long-term medical treatment needs after the car crash
  • A qualified medical opinion linking the aggravation in your symptoms to the crash

Always Get a Thorough Medical Evaluation After a Car Accident

Because the range of injuries possible in an auto accident is so vast, it’s not unheard of for a victim to walk away from the incident assuming that they’re physically unharmed, only to find themselves dealing with more pervasive problems days, weeks, months, or even years later.

Scoliosis is of vital concern to automobile accident victims — both for those who already suffer from the condition and those not diagnosed beforehand. Many accident victims find themselves wondering if they developed scoliosis because of the incident, while those with a pre-existing scoliosis diagnosis may develop a sneaking suspicion that the accident made it worse.

If you’ve been in an auto accident, regardless of how you feel immediately afterward, it’s critical that you seek medical attention immediately. Not only will this assure your well-being, but it will help you establish the best chance of filing an insurance claim for medical problems that may arise in the future.

Again, it’s very likely that the insurance company will try to argue that your scoliosis was pre-existing and not caused or made worse by the accident. The best way to defend yourself against that claim is to have detailed medical records, originating as close as possible to the date of the crash, outlining your diagnosis and the treatment steps you’re taking.

RELATED POST: Can I Be Compensated for Neck and Back Pain After a Car Accident?

can a car accident aggravate scoliosis
can a car accident aggravate scoliosis

How Can I Tell If I Have a Spinal Injury After a Car Accident?

It’s understandable if neck and back injuries aren’t your first thought after a car accident, especially if you’re not currently experiencing any symptoms. The excitement and trauma during and following an accident can cause an increased flow of adrenaline, which can cloud judgment and senses.

In other cases, as we mentioned, a spinal injury may take time to manifest because of prolonged deteriorations. Some patients may not notice until much later in life. Again, this is why you should seek medical attention immediately.

As far as scoliosis is concerned, there are some telltale signs that may indicate an aggravated or onsetting condition. These include:

  • Back or neck pain
  • Tingling or numb limbs
  • Leg and back muscle strain
  • One arm hanging lower than the others (uneven shoulders)
  • Uneven ribcage
  • Uneven hips (one higher than the other)

Fortunately, scoliosis is usually easy to diagnose. Doctors will often use an X-ray to look for structural damage to the spine. If it’s discovered, they may order additional imaging to determine the extent of the damage.

Ready to Talk to a Lawyer Who Has Your Back?

can a car accident make scoliosis worse
can a car accident make scoliosis worse

Treatment and Legal Options

Recovery from scoliosis and other back and spinal injuries can be difficult and time-consuming. In treatment, the doctor will seek to limit pain, improve discomfort, and prevent further curvature of the spine.

A number of treatment options are available, depending on the severity of the condition. More invasive procedures may be required in extreme cases, especially if discs have been damaged or vertebrae have been fractured. These treatment options include.

  • Surgery (with a neurosurgeon or orthopedic surgeon)
  • Wearing a back brace
  • Chiropractor visits
  • Physical therapy

Unfortunately, this process can often mean financial distress. Patients undergoing treatment for scoliosis often miss time at work. Treatment can be expensive, and insurance companies are known to drag their feet when paying out a claim. Others may attempt to use pre-existing scoliosis as an excuse to avoid payments—even if the scoliosis didn’t cause problems prior to the crash.

Once again, your first step should be to seek medical attention. But whether your condition is new or aggravated, the law is on your side. If you’re experiencing additional or worsening pain as a result of negligence, an experienced attorney can help you prepare the necessary documentation and prove your claim to the insurance company (or if necessary, at trial).

Harry Brown: The Chiropractor Lawyer

Harry Brown was a chiropractor before becoming a lawyer, giving him unique insight when it comes to cases involving back conditions such as scoliosis. His mission has always been to protect the injured, whether in a healthcare setting or within the legal framework.

He understands the physical and emotional toll attached to auto accident injuries, and will be with you every step of the way to guide you through this stressful period of your life. This expertise also renders  him uniquely qualified to fight for the payout you deserve while you focus on recovery. Request a free consultation today!

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild. We serve all of Georgia and South Carolina from four conveniently located offices in Savannah, Atlanta, Athens, and Okatie.

Schedule your free consultation by calling (912) 324-2498 or completing our simple online form.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Big Win for George After the Insurance Company Refused to Pay a Dime

As personal injury lawyers, we expect at-fault parties and their insurance companies to negotiate for lower compensation to injury victims. But we’re still astounded when the other side outright refuses to offer any settlement or negotiate at all, despite obviously being responsible for what took place.

That’s exactly what happened to our client, George, after a traffic accident he had no way to prevent. Not only was he suffering from serious injuries that kept him from living his life fully, but he also felt the pressure of dealing with an insurer who didn’t want to give him a dime.

In this article, we’ll share George’s story and the difficulties he faced because of the insurance company’s stubbornness. Fortunately, The Brown Firm was prepared to help George fight for what he deserved.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

George Was Rear-Ended by an Intoxicated, Reckless Driver

George’s personal injury story started while he was simply driving up the road on a late spring day, following the rules and minding his own business.

Up ahead, George saw a golf cart travelling the same direction he was and planned to carefully pass it on the left. As he moved over, things took an unexpected turn.

George’s car was suddenly rear-ended by the driver immediately behind him. Apparently, that driver meant to aggressively pass George and the golf cart without waiting to see if George would go first. Later, it was discovered that the other driver was not just being careless — he’d also been drinking, which undoubtedly contributed to his reckless behavior.

For George, the result was serious neck and spine injuries that required two years of medical treatment. During that period, he racked up almost $60,000 in medical bills and pharmaceutical costs. He and his family faced financial challenges while also losing time to physical and emotional suffering.

Fighting Back When the Insurance Company Refuses to Pay a Dime
Fighting Back When the Insurance Company Refuses to Pay a Dime

The At-Fault Party’s Insurer Wouldn’t Negotiate Fairly

George needed guidance and support to pursue compensation from the at-fault driver’s insurance company, so he turned to The Brown Firm. As seasoned personal injury attorneys, we expected a few rounds of negotiation and an eventual settlement that was reasonable for everyone involved.

However, it quickly became clear that the at-fault party and his insurance company had no intention of honoring that process. In fact, they were refusing to pay so much as $1 for George’s clear pain and suffering.

This was unacceptable. George was living with the consequences of an accident he did not cause, which happened because of someone else’s gross irresponsibility. We knew we could make a solid case for him.

The Brown Firm Gets Tough and Recovers a Large Settlement for George

Liability was no question in this case. Between the other driver’s reckless action and the fact that he’d been drinking, George had clearly been wronged and deserved full compensation—not only for his financial costs, but also for the two years he spent living with pain and discomfort.

To be clear, George tried as hard as possible to find solutions for his injuries. What began as neck pain and headaches had progressed to pain radiating down his arms and numbness in his arm and hand. He’d received injections, taken medications, and gone through physical therapy, all without much relief.

Still, the insurance company didn’t think that pain and suffering deserved compensation. Negotiations broke down, and we were forced to file a lawsuit. We made it clear that we were willing to take the case to trial, and that doing so would probably not go well for the at-fault driver.

Ultimately, the case went before a jury. We went from a zero offer to securing a significant verdict for George, making it possible for him to begin rebuilding his life and sending a message about how our team deals with stubborn insurance companies who don’t want to pay their fair share.

RELATED: How Long Can I Sue After a Car Accident in Georgia?

Ready to Talk to a Lawyer Who Has Your Back?

The Brown Firm Protects the Injured from Stubborn Insurance Companies

At The Brown Firm, we stand up for injured people in Georgia and North Carolina, negotiating with the insurance companies and demanding fair compensation that brings security and peace of mind.

If you or someone you love has been injured due to someone else’s negligence, we’re ready to hear your story and determine the best path forward. We begin every case with a free consultation. Schedule yours today by calling (800) 529-1441 or using the simple contact form on our site.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Our Recent Personal Injury Articles

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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What to Do if You Are a Passenger Injured in a Car Accident in Georgia

Being a passenger injured in a car accident can be devastating. The road to recovery might look long and difficult, with significant medical bills to pay. On top of that, you may feel additional stress and anguish if the driver of the car is a loved one—who may have been at least partially responsible for what happened. 

Are you, as the injured passenger, entitled to any compensation or medical bill repayment? You have rights as a passenger, and it’s important to know what those rights are, and what steps to take to recover from an auto accident in Georgia.  

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

The Steps to Take After You Are Injured in a Car Accident 

The most important priority after being injured in a car accident is to receive prompt medical attention. Make sure that if you, or anyone else, are injured, you immediately call medical services. 

No matter how minor you think your injuries are, getting treatment as soon as possible is very important. Even if you feel fine, you may have injuries that you are not aware of. Adrenaline and endorphins may mask the full extent of your pain and injuries following an accident. Some of the most common injuries associated with auto accidents, such as whiplash, may take days or weeks to show symptoms. 

It’s also important to get as much information as you can to document the nature of the accident. This includes things like: 

  • The insurance information of any drivers involved 
  • Names and phone numbers of any witnesses 
  • Photos or videos of the scene of the accident 
  • Copies of any records as they become available, such as the police report and your medical bills. 

This information will help the insurance companies and attorneys figure out who is at fault, which will help you file an insurance claim. 

RELATED POST: Shoulder Pain After Wreck? Here’s What to Do Next 

passenger injured in car accident
passenger injured in car accident

Determining Who Is at Fault 

As a passenger, it is extremely unlikely that you would ever be considered at fault for the accident. However, it may be difficult to figure out who is responsible if there are multiple drivers involved.  

If fault isn’t clear, there may be a long, drawn-out process to determine how the blame should be apportioned. Unfortunately, that may mean a longer wait to get the compensation you deserve, even if you did nothing wrong. 

For any accident, there is an investigation into determining which party should be held responsible. This investigation consists of police reports, witness statements, and statements from the involved parties. The insurance adjusters use this information to assign blame for the wreck, determine who is eligible for compensation, and how much each involved insurance company must pay to each victim. 

RELATED POST: 5 Tips to Maximize Your Recovery After a Car Accident 

Filing a Claim Against the At-Fault Party 

You, as the passenger, are not liable for the accident. Your personal injury claim will be the responsibility of the other driver’s insurance policy, or the car insurance policy of the driver you were with.  

Georgia is an at-fault state, which means the person responsible for the accident is responsible to pay for the damages. You can usually initiate a claim by going to the at fault driver’s insurance company’s website or calling them. Since you are not a driver involved in the crash, but a passenger and are filing under an insurance company that is not your own, this is called a third-party claim. 

Making a claim is a time-sensitive issue. In Georgia, there is a two-year statute of limitations to file a lawsuit after a personal injury. However, you will want to get the ball rolling much sooner, as building a case takes time and evidence may be lost if not followed up on immediately after the accident. Speaking with a car accident attorney as soon as possible after your crash can help ensure you don’t miss any critical deadlines. 

What if My Friend or Relative is at Fault for the Car Accident? 

Filing a claim may feel awkward if the person at fault is the person you were riding with. It’s important to remember that your friend or relative will not be the one paying for your medical bills, just their insurance company. This is the reason that they have car insurance coverage! 

You have a legal right to file a claim against the driver’s insurance policy as a passenger in a car with them. It may seem wrong, or uncomfortable, but you do not deserve to be responsible for the medical bills and treatment when you were injured in an accident that is their fault—not yours. 

What if it is Not Clear Who is at Fault? 

If the investigation to determine responsibility is unclear about who is at fault, then your next step is to file against both driver’s insurance policies. If partial blame is given to both drivers, then each insurance policy will pay out a portion to cover your medical bills. 

Only file a claim with both insurance companies if it is not clear who is at fault. If there is clearly one driver at fault, filing two claims may slow the process down. 

passenger injured in car accident
passenger injured in car accident

What if the At-Fault Driver is Uninsured? 

If the at-fault driver’s insurance policy does not have enough coverage to pay your car accident injuries, or if the at-fault driver is uninsured, other insurance policies may cover passenger injury claims. 

Your own car insurance coverage may include underinsured or uninsured motorist (UI/UIM) policies. Most UI/UIM policies cover you as a person, regardless of whose vehicle you are in. 

You might also be covered by Personal Injury Protection (PIP) or Medical Payments Coverage (MedPay). Another option is your own health insurance.  

How Can a Car Accident Lawyer Help? 

One important thing to know about car insurance companies is that they will try to pay out as little as possible. If you are entitled to damages, they will probably give you a low offer, expecting that you will not know what your case is worth. 

An experienced car accident attorney knows how to calculate all of your losses, such as lost wages, costs associated with pain and suffering, the ongoing cost of medical treatment, and more. They can protect you against unreasonable lowball settlement offers and negotiate for what you truly deserve. 

In addition, if it is not clear which insurance company should pay for your car accident injury, an expert car accident lawyer will know if your best approach is to seek compensation from a personal injury protection policy, medical payments coverage, or your own health insurance. 

An insurance claim like this can be complicated, and not all lawyers have experience with passenger injury claims. At The Brown Firm, we have a winning record for injured passenger claims. 

RELATED POST: Winning for an Injured Passenger with Compassion and Persistence: Jaclyn’s Story 

Ready to Talk to a Lawyer Who Has Your Back?

passenger injured in car accident
passenger injured in car accident

Call The Brown Firm for Help with Your Passenger Injury Claims 

If you are a passenger who has been injured in a car accident, don’t try to take on the car insurance companies on your own. Team up with the experts at The Brown Firm to make sure you receive all the compensation you deserve. 

We know that medical bills can make you stressed about money, so we offer a no-strings-attached free consultation to talk about your case. Just give us a call at (912) 324-2498 or complete the contact form on our website. 

 

The content provided here is for informational purposes only and should not be construed as legal advice on any subject. 

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Hip Pain After Car Accident? Here’s What to Do

Hip pain is a common symptom after a car accident. While some hip injuries produce obvious, intense pain immediately after the impact, others may start out as dull aches that worsen over time. 

Either way, it’s important to understand the steps you need to take if you experience any kind of hip pain after a crash, from mild to severe. By making smart decisions about your health, as well as your interactions with the insurance company, you can significantly improve your chances of a successful long-term outcome—physically, mentally, and financially. 

At The Brown Firm, our car accident attorneys in Atlanta, Savannah, and throughout Georgia and South Carolina help injured drivers bounce back from hip pain and get the fair compensation they deserve from the at-fault parties. Read on to learn more about what you can do after suffering a hip injury in a car accident. 

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Common Hip Injuries Following Car Accidents 

Some of the most common hip injuries faced by car accident victims include: 

  • Hip dislocation: A car crash can push the head of the thigh bone (femur) out of the hip socket and even tear some of the surrounding soft tissues. This might happen, for example, if your knee slammed into the dashboard after the collision and the blunt force trauma pops the thigh bone out of the hip joint. A hip dislocation is a serious injury that’s often accompanied by severe pain and difficulty moving the leg. Numbness is also possible if nerves have been damaged. 
  • Hip fracture: The symptoms of a broken hip can vary depending on the location and severity of the fracture. While a severe hip fracture can mean excruciating pain and inability to put weight on the affected leg, a stress fracture might not hurt much at first—but can easily get worse over time without a proper diagnosis and treatment. 
  • Hip bursitis: Like many other joints throughout your body, the hip joint is cushioned and lubricated by fluid-filled sacs called bursae. If the bursae become inflamed and irritated, the result is sharp pain across the outer thigh, particularly after prolonged exercise, at night, or when getting up from a chair. 
  • Hip labral tear: This injury involves tearing of the ring of cartilage that surrounds the hip socket where it meets the head of the thigh bone. A labral tear often results in pain and stiffness in the hip, groin, and buttocks, particularly after exercise. You may also here a clicking noise. 
  • Soft tissue injuries: Soft tissue inflammation or tearing in hip muscles, tendons (which connect muscles to bones), or ligaments (which connect bones to other bones) are also common and may result in mild to severe hip pain and joint instability, depending on the severity of the injury. 
  • Nerve pain: A car accident can lead to a pinched nerve in the hip. Common symptoms include tingling, burning, or shooting pain throughout the hips, legs, and buttocks. You might also experience some muscle weakness if motor nerves were also damaged. 

RELATED POST: Are Car Accidents A Leading Cause of Broken Bones? 

hip pain after car accident
hip pain after car accident

Always Seek Immediate Medical Attention for Hip Pain After a Car Accident 

We cannot say this enough: We strongly urge any person experiencing hip pain after a car accident (or any other symptoms in any other part of body) to visit a doctor for a complete physical examination as soon as possible. 

This is true even if your symptoms seem mild or you feel like you can “walk it off.” No amount of hip pain is “too small” to be concerned about. There are two major reasons for this: 

1. Delayed Injuries and Pain 

While some hip injuries (like an acetabular fracture of the hip socket, for example) are obviously severe the instant they occur, others produce only delayed pain. 

A stress fracture or a hip injury that affects soft tissue, for example, might initially produce only mild stiffness and soreness. But if you continue to walk on your injured hip and delay medical treatment, the pain can gradually worsen over the coming days and weeks. 

Being proactive and seeking appropriate treatment right away can help you catch and deal with these hip injuries early. Wait too long, and all of a sudden you’re dealing with a much bigger, harder-to-treat problem. In the worst case scenario, hip pain that could have been addressed in a few weeks or months through conservative therapies like steroid injections and physical therapy may now lead to long-term complications and require longer treatment timetables, or even surgery. 

RELATED POST: What To Do After Suffering A Broken Bone In A Personal Injury Accident 

2. Your Personal Injury Claim 

If you ultimately decide to seek compensation from the at-fault driver (and their insurance company) to pay for your current medical bills, future medical expenses, lost wages, reduced future earning capacity, and other damages, you’ll need strong evidence linking your hip injury directly to the auto accident that caused it. 

The best way to ensure you have that evidence is by seeking medical care as soon as possible (ideally within one or two days) after your car accident. This tells the insurance company (and, if your case goes to trial, a judge and jury) a few important things: 

  • The car accident was (or is highly likely to be) the direct, necessary cause of your injury 
  • Your injuries are meaningful and you took them seriously 

The earlier you start to generate medical records after the crash, the harder it will be for the insurance company to argue that your injuries were unrelated to the accident, or are not as serious as you claim them to be. Another tip: make sure you continue to follow all your doctor’s treatment recommendations along the way, as blowing off their advice not only leads to more medical problems but can also weaken your personal injury claim. 

Remember, the insurance company is not your friend, nor is the insurance adjuster they sent to evaluate your claim. They are looking for any argument they can plausibly defend to doubt, discredit, diminish, or deny your personal injury claim. Their interest is in saving money for themselves, not ensuring you get fair compensation for your hip injury. 

Contact a Personal Injury Attorney 

Whether you’re dealing with hip pain or any other kind of post-accident injury, contacting a personal injury lawyer for a free consultation as soon as possible after your accident can go a long way toward maximizing any settlement or trial verdict you might be entitled to. 

Here are some concrete ways that an attorney can help you. 

Ensure You Get the Expert Medical Care You Need For Your Hip Injury 

A good attorney isn’t only interested in getting you a big financial payout. They want to help you recover physically and emotionally, and rebuild your life as best you can. As a former medical practitioner himself, our founding attorney (and licensed chiropractor) Harry Brown takes this part very seriously. 

We can help connect you with the right specialists in Atlanta, Savannah, or wherever you live and ensure you get the support you need to keep those important appointments. 

Thoroughly Investigate Your Personal Injury Claim 

As we mentioned above, insurance companies are in the business of limiting or denying claims, not paying them out. That’s how they make their money. 

If you want to get a fair settlement, simply proving that your hip pain is directly related to the accident is only one part of the equation. You’ll also have to prove that the other driver (or any other potentially liable parties, such as a trucking company) were responsible. That takes careful presentation of detailed evidence—something you probably aren’t eager to do yourself, particularly if you’re still suffering from hip pain and have no experience with the legal system. 

An experienced car accident attorney knows how to investigate a case. Depending on your circumstances, that might include gathering information at the scene, following up with eyewitnesses, securing any dash cam footage that might be available, and even speaking with expert witnesses in the medical, traffic, or accident reconstruction fields. 

Especially in those cases where the other driver is being less than fully truthful, hiring an expert who knows how and where to look for clues, and establish a winning case, is invaluable. 

RELATED CLIENT STORY: The Brown Firm Uses Police Footage for Settlement Demand 

Handle Negotiations on Your Behalf 

It’s unfortunate, but many accident victims end up costing themselves a big chunk of cash simply due to inexperience or preventable mistakes. A few common examples of what can happen. 

  • You agree to give a recorded statement to the insurance adjuster, offer unrequested information, or unintentionally provide answers that could be interpreted as contradictory. The insurance company then twists these words to sabotage your claim. 
  • You make mistakes when filing, miss key deadlines, or commit other preventable errors that could result in your claim being completely thrown out. 
  • You don’t know how to calculate a full, fair settlement amount for your hip injury, so you end up settling for far less than you truly deserve. 

By handing off your case to an attorney, you not only get the peace of mind from knowing that your legal case is in good hands, but you can also refocus on what really matters: getting yourself back to full health. 

RELATED POST: Should I Take the First Settlement Offer in My Injury Case? 

hip pain after car accident
hip pain after car accident

Pain in Your Hip Joints After an Accident? Contact The Brown Firm Today 

Our experienced personal injury lawyers have years of experience helping injured individuals get the care they need to make complete physical, emotional, and financial recoveries after their car accidents. 

To request your free consultation, contact our law firm today by calling (800) 529-1441 or completing our online contact form. We serve residents throughout Georgia and South Carolina from our conveniently located offices in Atlanta, Savannah, and elsewhere.  

 

 

The content provided here is for informational purposes only and should not be construed as legal advice on any subject. 

Ready to Talk to a Lawyer Who Has Your Back?

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Survival Action Claims in Georgia: What Families Need to Know

Grieving families face a range of emotions when a loved one is killed due to someone else’s carelessness or recklessness. People in this situation should absolutely pursue financial compensation for their losses—but how to do so can be complicated.  

Survival actions are often confused with wrongful death claims by those who’ve lost loved ones. These are two separate legal actions that apply to different circumstances, though in some situations a family may be able to pursue both simultaneously. 

This article will explain the purpose of a survival action and how to go about starting one in Georgia. We’ll also outline the differences between a wrongful death claim and a survival action, and how an experienced attorney can help families navigate both.     

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

What Is a Survival Action in Georgia? 

Under Georgia law, a survival action is an extension of a legal claim associated with a person who has died. Basically, it addresses the losses the deceased person experienced between their injury and death, and seeks compensation to benefit their survivors.  

Typically, survival actions are used when the injured person lived for a while after the injury itself — long enough to experience fear, pain, or medical treatment. It is meant to cover the sort of losses they might have included in a personal injury claim, had they lived.  

For example, if someone was injured in a car crash and lived one week before they died, the action might demand compensation for a week of: 

  • Medical expenses 
  • Lost wages 
  • Pain and suffering 

In Georgia, funeral expenses and burial costs may also be part of a survival action because they are considered costs of the deceased’s estate (more on that in a minute). Some states include demands for funeral and burial losses in wrongful death claims, rather than survival actions.    

Even if the person only lived for an hour, the family could claim the pain, suffering, fear, mental anguish, etc. their loved one endured before dying.   

Who May Bring a Survival Action? 

In Georgia, the personal representative of the deceased person’s estate, often called the executor or administrator, brings (initiates) a survival action. The personal representative might already be named in the will, but if not, the court will generally appoint a family member to represent the estate. The estate includes anything still legally owned by the dead person and stands in for them in legal proceedings.  

Survival actions must be brought by the dead person’s estate, rather than their survivors. This is because the compensation is sought on behalf of the person who died for what they experienced, not for the losses their loved ones experienced because of the death.  

Ultimately, money secured from a survival action that isn’t needed for medical costs or other liens will go to survivors. It simply needs to go to the estate before being disbursed.  

Who Gets the Money From a Survival Action? 

Money secured from a survival action will go directly to the dead person’s estate. It is then considered an asset of the estate and treated like other items, such as bank accounts, property, and retirement funds. 

These assets go to the beneficiaries named by the deceased. If there isn’t a will or named beneficiaries, the money will be disbursed according to Georgia intestacy law. Usually, the money will go to the deceased person’s spouse, children, parents, or other close family members. 

survival action
survival action

How Is a Survival Action Different From a Wrongful Death Claim?  

Simply put, a survival action is on behalf of the deceased person themselves. A wrongful death claim is on behalf of the deceased person’s survivors.  

A survival action seeks compensation for the damages (losses) a person suffered before dying. A wrongful death claim seeks compensation for the damages survivors suffer because of the death.   

A wrongful death action or claim may be the one we hear about more often, and it may feel counter-intuitive to hear wrongful death and survival in the same sentence. However, surviving family members may wind up taking both actions to get the compensation they deserve after a family member’s death. Let’s dig into the differences. 

RELATED POST: The Complete Guide To Wrongful Death Lawsuits 

Damages Sought in a Georgia Survivor Action Claim 

The damages that “survive” a person killed by another’s negligence can include: 

  • Medical bills 
  • Lost earnings 
  • Pain and suffering 
  • Mental anguish 
  • Funeral and burial costs 

Damages Sought in a Georgia Wrongful Death Lawsuit or Claim 

The damages impacting the survivors of a person killed by another’s negligence can include:  

  • Lost income the deceased person would have made in the rest of their career 
  • Benefits held through the deceased person, such as health insurance and retirement plans 
  • The value of services the deceased provided for their household, like home repairs and yard work 
  • Lost care, support, affection, and guidance that the deceased person provided to survivors 
  • Lost consortium, which is the access to intimacy and companionship between spouses and partners 

Additionally, in South Carolina (where The Brown Firm also practices), wrongful death lawsuits can include claims for the family members’ (as opposed to the deceased person’s) emotional pain and suffering, as well as punitive damage to punish the negligent parties in the case of extreme recklessness or malice. However, these types of damages are not available under Georgia law. 

Differences in How Survival Action and Wrongful Death Claims Are Paid Out 

As discussed above, any money recovered in a survival action claim becomes property of the estate, which can then be distributed according to any will left by the deceased. 

By contrast, money recovered in a wrongful death claim are not property of the estate (because it is meant to benefit the survivors directly, not the deceased) and will always be distributed strictly according to Georgia’s intestacy law. In other words, this means that wrongful death settlements are always divided to heirs as if no will exists, regardless of whether the deceased person left one or not. 

RELATED POST: Who Gets the Money From a Wrongful Death Lawsuit? 

Georgia survival action statute
Georgia survival action statute

How Does Personal Injury Law Relate to Survival Action and Wrongful Death? 

In Georgia, personal injury attorneys often represent families filing survival actions or wrongful death claims.  

Even though these are not technically personal injury cases, the claims process, relevant damages, and compensation center on similar factors, such as medical costs, lost income, pain and suffering, and mental anguish. This is because, in all cases, the injuries or deaths were caused by another party’s carelessness or recklessness.     

Both a survival action and a wrongful death claim may be options if your loved one was killed because of someone else’s carelessness or recklessness. Determining what’s best for your family depends on the specifics of the case.  

An experienced personal injury attorney will help you understand and navigate all the options when you’ve lost a loved one in this manner.    

RELATED: The Complete Guide to Wrongful Death Lawsuits 

Ready to Talk to a Lawyer Who Has Your Back?

The Brown Firm Offers Guidance for Survival Actions and Wrongful Death Claims 

The period after losing a loved one is difficult and unpredictable, making it that much harder for surviving family members to understand and manage the details of a legal undertaking. At the Brown Firm, we are committed to walking through complex cases with our clients and doing it with skill and compassion.    

We begin every attorney-client relationship with a free case evaluation, including cases involving survival actions or wrongful death claims. To set up your free consultation today, call (800) 529-1441 or use the easy contact form on our site.  

 

 

The content provided here is for informational purposes only and should not be construed as legal advice on any subject. 

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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How to Prepare for Your Free Consultation With a Car Accident Lawyer

When you or a loved one are involved in an accident that was not your fault, it can cause a lot of added stress in your life. It’s very common for accident victims to feel overwhelmed trying to get to and from doctor’s appointments, working, taking care of themselves, and much more.

In the aftermath of an accident, making time to see a personal injury attorney who specializes in auto accidents can sometimes feel like just another burden you have to deal with. But if you want to protect your legal rights and get fair compensation for your injuries, it’s a crucial step you need to take. Better yet, many law firms offer free consultations to potential clients.

To get the most out of your initial consultation with your experienced injury attorney, find solid answers to your legal questions, and start the attorney-client relationship off on the right foot, you should take some time to prepare beforehand.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Key Takeaways

  • Importance of Consultation with a Personal Injury Attorney: If you’ve been in a car accident, it’s best to talk to a personal injury lawyer for legal protection and fair compensation. Many law firms offer free consultations to discuss your case and explore your legal options.
  • Preparation for Initial Legal Consultation: To have a productive first meeting with a lawyer, bring all relevant info and documents – accident details, police report, proof of injury, and medical bills. Ask about their experience and approach and how they’d handle your situation. If you’re missing info, schedule the meeting ASAP to gather additional evidence.
  • “Free” Consultation and Contingency Fee Arrangement: Free legal consultations mean no hidden charges or commitments. There are no financial consequences if you don’t pursue the case after the consultation. If you hire a personal injury attorney, they typically work on contingency fees, which means you only pay if they win your case. The attorney usually covers the initial legal costs.

What is Included in a Free Consultation With a Car Accident Lawyer?

The initial consultation with a personal injury lawyer is an opportunity for you and your attorney to get to know one another, discuss the merits of your case, evaluate your legal options, and determine the best next steps to take. The initial consultation typically lasts about 30-60 minutes, depending on the complexity of the case and how much information you provide.

At this meeting, the attorney will be carefully listening to what you have to say and reviewing any documents you bring along. The more detailed and accurate you can be about your circumstances, the better the advice the attorney can give you regarding your particular legal issue.

For example, bringing along a list of medical treatments and your medical costs can help your lawyer determine what your personal injury claim might be worth. Ultimately, if the attorney believes you have a strong case, he or she may offer to take you as a client.

The legal consultation is also an opportunity for you to determine whether or not the lawyer you’re meeting with is a good fit for you and your family. It’s a two-way conversation, and establishing trust between both sides is extremely important if you want the best chance at a successful recovery.

If, at the end of the consultation, the attorney agrees to take your case (and you agree to their legal representation), there will be some additional documents for you to sign, including a contingency fee agreement, medical release, and notices informing you of your legal rights.

However, whether we take your case or not, you can still expect any attorney you speak with at The Brown Firm to use that initial meeting to fully explain the legal implications of your situation, answer whatever legal questions you may have, give you their honest opinion about whether you have a case, and help you make an informed decision about what to do next.

car accident attorney near me free consultation
car accident lawyers near me free consultation

What to Bring to Your Legal Consultation

Before we continue, it’s important to understand that the list below is not a “minimum requirement” for your free case evaluation. You may not have access to the police report just yet, for example. Or maybe you didn’t take photos at the accident scene.

We understand, and we’re not going to turn you away if you don’t have everything discussed below right now.

Don’t delay scheduling your appointment because you don’t have every last record, bill, and document. If you and your personal injury lawyer decide to work together, they will do more evidence gathering.

With that said, let’s look at what’s helpful for your initial consultation.

Details of the Accident

As soon as possible after the accident, write down all the details you can remember while they are fresh in your mind, and bring that list with you to your legal consultation.

Key details include:

  • The date, time, and location of the accident
  • Weather and roadway conditions
  • How the accident happened
  • Photos or video you took of the accident, property damage, or your injuries
  • Witness names and contact information

It’s okay if you don’t remember every detail or if some of the details are fuzzy, but it is good to write down everything that you can.

The Police Report

The police report could be crucial during settlement negotiations. It will contain important details of the accident, such as witnesses and maybe the responding officer’s opinion about who was at fault.

You might need a copy of the claim number needed to obtain the police report after the accident. However, your attorney may also be able to obtain the report if, for some reason, you’re having trouble getting your hands on it.

Proof of Injury 

Before you meet with an attorney, you should have already been seen by a medical professional. The sooner you receive diagnosis and treatment for your injuries, the easier it will be for your attorney to obtain full compensation for your losses.

At the very least you should be able to tell your attorney: 

  • The name of the hospital or medical professional you saw
  • Your initial diagnosis, type of injuries sustained, and treatments received
  • Any tests or images taken
  • How long your doctor expects you to need treatment
  • Whether you were injured prior to the accident

Medical Bills

When demanding compensation from an insurance company, you are allowed to claim medical bills for any treatment that you’ve received, as well as future expected medical expenses based on your expected recovery.

Bringing medical records, bills, and related receipts with you to the consultation can help your lawyer provide a more accurate initial estimate of how much compensation you might be entitled to.

A List of Questions for Your Attorney 

Free legal consultations are your time to ask attorneys for legal advice on any questions regarding your case and the process of obtaining a settlement.

Examples of questions you may want to ask include:

  • Have you handled similar personal injury lawsuits in the past?
  • How will we communicate throughout the legal process?
  • Will you handle negotiations with the insurance company?

Of course, there are many more questions you might have, and your personal injury attorney consultation is the time to ask anything and everything that is on your mind. Get the clarity you need to feel comfortable that your case will be handled properly.

car accident lawyer free consultation
car accident attorney free consultation

What Does “Free” Really Mean in a Free Consultation?

In the context of a free legal consultation, “free” truly means free. There are no hidden fees and no obligations. If, at the end of the consultation, either you or your personal injury lawyer decide not to pursue a further attorney-client relationship, you can walk away with a clear conscience.

During a free consultation with a personal injury lawyer, you can expect to discuss the details of your case, such as how the injury occurred, the extent of your injuries, and any potential legal claims you may have. Additionally, the free consultation serves as an opportunity for you to ask questions and express any concerns you may have. You can discuss the lawyer’s experience, their approach to personal injury cases, and how they would handle your specific situation.

 

RELATED POST: How To Get The Most Out Of Your Personal Injury Consultation

What if I Decide to Hire the Attorney After the Free Consultation? How Much Will I Owe?

Like the vast majority of personal injury law firms, The Brown Firm works on a contingency fee basis. What does that mean? In short, with a contingency fee arrangement, you don’t pay a thing until we recover a settlement or jury award for you.

Rather than paying hourly fees or a flat fee, you’ll pay your attorney an agreed-upon percentage of your eventual settlement or verdict. At The Brown Firm, we will also cover the up-front legal fees associated with your case (such as filing costs, hiring expert witnesses, etc.) on your behalf.

Working on contingency helps ensure that the financial incentives for the client and the attorney are always 100% aligned.

Ready to Talk to a Lawyer Who Has Your Back?

Schedule a Free Consultation With a Car Accident Attorney at The Brown Firm Today

Attorneys with experience in personal injury accidents can be invaluable to your personal injury lawsuit.

At The Brown Firm, we believe that scheduling and navigating your first meeting with a personal injury attorney shouldn’t be an intimidating process.

We know you’re going through an extremely difficult period in your life. Finding the right attorney should be stress-relieving, not stress-inducing. We work hard to make the consultation process as easy and comfortable as possible for you.

You can schedule a consultation today by calling our law firm at (800) 529-1441. Or, complete our convenient and simple online contact form, and a member of our team will follow up with you to schedule within 24 hours.

 

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Lower Back Pain From a Car Accident? Understand Your Options

Most people take it for granted that they will be able to do the activities they enjoy—as well as the ones they might not enjoy, but simply need to do—without chronic pain.

If you were in a car accident and are now living with pain, it’s important to understand your options—including enlisting the help of an experienced Georgia personal injury lawyer. As you’ll see in this article, having legal representation from an attorney at The Brown Firm may be the right decision to ensure you receive fair compensation for your pain and suffering.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

A Law Firm That Understands Back Pain

As we discuss specific back injuries and your options following a car accident, it’s best to start with understanding what you are facing and why it’s happening to you.

On this front, we offer you a unique experience in two different ways:

  • Our core belief that “you matter” means we listen to you. And this allows us to have a better picture of what you are going through and what we can do to help your situation.
  • Our firm’s managing partner, Harry Brown Jr., DC, JD, started as chiropractor before practicing law. While The Brown Firm is not a medical organization, his background in providing chiropractic care does offer valuable insight into conditions like soft tissue injuries and back pain after a car crash, and what your treatment plan might entail. 
lower back pain from car accident
lower back pain from car accident

Why Do I Have Back Pain After a Car Accident?

Virtually all back injuries from car accidents come down to a matter of physics. Cars can move at very high speeds. If the car’s momentum stops or starts abruptly—like when it hits (or is hit by) something heavy or anchored—things inside the car (including a human body) continue moving forward until they collide with an airbag, dashboard, windshield, etc.

The force of impact in a car accident can cause back injuries. So can whiplash caused by the safety device intended to keep your body in motion from crashing into the windshield: your seatbelt. In this case, the forward-moving body is suddenly stopped and jerked back. (Most of the time, people think about a neck injury in conjunction with whiplash, but chronic back pain in a car accident can be related to whiplash as well.)

RELATED: How to Prove You Have Whiplash—and How a Lawyer Can Help

Common Back Injuries That Can Cause Chronic Pain After a Car Accident

When it comes to your pain after a car accident, there are a variety of possible back injuries you may have sustained. Some of the more common ones, and the injury symptoms, include:

  • Lumbar sprains and strains. Excessive physical force—such as the kind placed upon the body during car accidents—can cause muscles and connective tissues (tendons, ligaments) to stretch beyond their normal range. A strained back muscle or sprained tendon may become inflamed and lead to chronic pain in the lumbar region. You might also experience restricted movement with one of these soft tissue injuries. Fortunately, physical therapy can help restore movement and possibly even reduce the likelihood you will need surgery for your back injury.
  • Herniated disc. A herniated disc is a common back injury that can happen for a variety of reasons, including motor vehicle crashes. The bones (lumbar vertebrae) in your spinal column are separated by gel-filled spinal discs. When you have a herniated disc, the gel-like material normally contained inside the spinal discs may come into contact with nerve tissue, which can be a source of severe pain.

RELATED: How Much Is a Fair Herniated Disc Settlement in Georgia?

  • Discogenic pain. If you have sharp, shooting pain in your lower back that worsens by sitting, standing, or bending over for short (or long) periods of time, it’s possible this injury is responsible. Discogenic pain develops when inflammation or other problems with a spinal disc irritate the nerves. In some cases, this radiating pain continues down to other areas, such as the groin, legs, or feet in a related condition known as sciatica. If the pain goes away or improves when you lie down, it’s even more likely this is what you are experiencing.
  • Spinal stenosis. The bone channel housing your spinal cord and nerves can become narrow due to a severe car accident. This happens when a bone fragment or ruptured disc slides into the spinal canal. You will likely have sharp, severe back pain from this injury because of the pressure applied to the nerves coming from the spinal column. Intense pain is a warning sign for nerve injury or damage.
  • Cauda equina syndrome. A rare and severe form of spinal stenosis, cauda equina syndrome is a condition where all the nerves in the lower back become compressed. Some symptoms are similar to sciatica, in that issues such as pain, weakness, and numbness may extend beyond the back into one or both legs. This can make it difficult to get up from chairs or stumble when you walk. Other symptoms include bladder problems, incontinence, and sexual dysfunction. If your accident has led to this condition, there is a significant chance you will need surgery.
  • Degenerative spinal disorder. This term generally refers to any of several potential conditions, including spinal osteoarthritis, degenerative scoliosis, and spondylolisthesis. While these conditions are commonly associated with spine tissues breaking down over time from natural aging, there can be an earlier onset caused by physical trauma, such as a car accident.

While this list covers several likely possibilities for your back pain after a car crash, it is certainly not exhaustive. And while we can point you in the right direction, it is always best (for both your health and your legal case) to seek diagnosis from your doctor or another licensed medical practitioner as soon as possible.

Besides receiving proper diagnosis, the simple fact of the matter is that you do not want back injuries to be left untreated. This is especially true if the car accident caused damage to any of your spinal nerves. Early intervention can potentially help you avoid permanent nerve damage. Plus, pain medication reduces suffering and physical therapy can play a role in helping you recover from back injuries.

The Next Steps After Medical Attention for Back Injuries From an Auto Accident

Once you’ve received medical attention and started pain management and a treatment plan, it’s time to see what your next steps are.

After the accident, ideally you should have exchanged insurance and contact information with the other driver, taken pictures of the scene, talked with the police, and gotten names and information from witnesses. You should also record the year, make, model, and license plate numbers for all vehicles involved in the crash.

It’s best to write down everything you can remember about the accident as soon as possible, while your memory is still fresh. And be sure to obtain a copy of the police report.

RELATED: What Information Do I Need After a Car Accident?

Along with documentation from the accident itself, you also should keep and compile all bills, doctor reports, and any other important documentation related to pain management, medical treatment, and physical therapy. Essentially, any money you pay for receiving medical attention should be documented and accounted for, which can help your case in seeking fair compensation.

Filing an Insurance Claim

Once you feel comfortable about having all the relevant information collected, it is time to start the insurance claim process for your lower back pain.

Depending on the type of insurance company you use and coverage you have, you need to file your claim by anywhere from 30 days to two years after the accident. To know what timeframe you are looking at, you may want to review your policy, go to the insurance company’s website, or call an agent. Regardless of how long you have, though, it’s best not to delay this unnecessarily. In Georgia, the statute of limitations for filing a lawsuit is two years, and if you wait too long to get the ball rolling you may not have enough time to build a strong case.

You probably have a handful of options for how you want to file your claim. Most major companies have forms on their website, but you can also call, email, or possibly even use a mobile app.

When you file, you’ll be glad you kept all the information we previously covered. Your insurance company will ask for basic details and it’s better (and easier) to use those resources, instead of trying to rely solely on your memory.

Working With an Attorney Can Significantly Strengthen Your Case

If your adjuster asks for an estimate of damages, be careful. Committing to a specific number might make things challenging as you seek appropriate compensation, and especially if you could be entitled to future lost wages.

Keep in mind that it is difficult to put a value on pain and suffering, especially when this isn’t your area of expertise. Also, remember that the insurance company’s main goal is protecting profits—not claimants—and that the first settlement offer you receive is likely for less (often far less) than what you truly deserve.

Fortunately, it’s one where our experienced personal injury attorneys can really help you out.

RELATED: What Is a Fair Amount for Pain and Suffering in a Georgia Personal Injury Case?

Along with calculating your case’s value, we can obtain and analyze evidence, review forms from your insurance company, communicate with the other driver’s insurer, and negotiate on your behalf.

Insurance adjusters have a goal of spending as little of the insurance company’s money as possible. When you have a trusted personal injury attorney on your side, you stand a much better chance of receiving a maximum settlement amount than you might if you go at it alone.

A key difference in the two approaches is that your lawyer likely has considerably more experience in organizing and presenting evidence to prove damages and liabilities.

Another advantage to hiring an attorney when you have lower back pain from a car accident is for negotiation with any medical lien holders on your claim. Your lawyer can potentially reduce the amount of the lien needing to be paid back or perhaps even dispute the basis of a claimed lien.

In addition to negotiating with lien holders, your personal injury lawyer works to have medical lien costs factored into your compensation. When we are able to do that for you, it means you receive more of the full amount you’re entitled to.

Georgia personal injury lawyer
Georgia personal injury lawyer

Georgia Car Accident Attorneys Who Make You the Priority

When you are suffering from back pain following a car accident, you have a couple different options:

You can try handling the insurance claim on your own. If you want to take this route, we hope you have a clearer understanding now of everything you need to do. It’s worth noting that the DIY approach is more likely to succeed in minor cases where you weren’t hurt (or your back injuries were very mild) and you feel comfortable collecting and organizing necessary documents and evidence. More importantly, you feel confident going against the insurance company and their vast experience and resources in settlement negotiations.

You can hire a personal injury attorney. This choice makes sense if you’d prefer to be guided by a skilled legal professional. As we discussed earlier, personal injury lawyers can do a lot to assist you through the insurance claims process for back injuries, and are often able to secure higher settlements—in addition to alleviating your responsibility and stress. Of course, this becomes an essential choice if your case ultimately ends up in a court of law, where you need an experienced legal professional on your side.

You can hire The Brown Firm. While you certainly have many options for hiring a personal injury lawyer in Georgia after you’ve been in a car accident, we believe you would have a hard time finding a stronger fit. Our team has proven skill and experience handling cases where clients are hurt in car accidents and need legal assistance.

More than that, it’s difficult to overstate the importance of Harry Brown’s unique position as both an attorney and a chiropractor. His medical insight can be quite beneficial in helping to make your case with insurers or in court.

At The Brown Firm, we go above and beyond for you because you are our priority. Your healing, in every sense of the word (financially, physically, emotionally), is important to us. We want you to emerge from a tough situation and be in a position where you can live your best life. And our dedicated, experienced attorneys give you the opportunity to make that happen.

Ready to Talk to a Lawyer Who Has Your Back?

back pain car accident injuries
back pain car accident injuries

Unparalleled Legal Service for You and Your Loved Ones

We know firsthand that both the law and physical health can be hard, complicated matters. When a car accident leads to a life-altering problem like lower back pain, you need someone in your corner to help you become whole again. Your attorney with The Brown Firm can be that someone.

Our team is here to answer any questions you might have. Even better, think about contacting us for a free consultation. Doing so gives you the opportunity to have your story heard by attorneys who know what steps need to be taken if you want to receive compensation that is fair to you.

Remember, our Savannah and Atlanta offices are always here for you if you need a personal injury attorney. If you’d like to give us a call, you can reach us at (800) 529-1441.

References

Alexander Orthopaedic Associates. (2021, February 22). Common Back Injuries From a Car Accident. Alexanderorthopaedics.com. Retrieved from https://alexanderorthopaedics.com/blog/common-back-injuries-from-a-car-accident/

Wheeler, T. (2020, January 26). Causes of Back Pain. Webmd.com. Retrieved from https://www.webmd.com/back-pain/causes-back-pain

Stuart, A. (2020, November 18). Cauda Equina Syndrome Overview. Webmd.com. Retrieved from https://www.webmd.com/back-pain/guide/cauda-equina-syndrome-overview#1

Ramsey Solutions. (2021, September 27). How to File an Insurance Claim: Everything You Need to Know. Ramseysolutions.com. Retrieved from https://www.ramseysolutions.com/insurance/how-to-file-an-insurance-claim

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

This field is for validation purposes and should be left unchanged.

How Many Accidents Are Caused by Semi Trucks, and What Are the Common Causes?

Being involved in a commercial truck accident is not the same as being in a regular passenger vehicle accident. Not only do large truck crashes frequently cause more severe injuries than other kinds of motor vehicle accidents, but the resulting personal injury cases are often much more complex to handle, too. Tricky laws and regulations, multiple potentially liable parties, a significant amount of evidence to evaluate, and other factors can all add to the difficulty.

Many large truck accidents could be easily avoided. Unfortunately, drivers who aren’t alert and diligent behind the wheel of a massive vehicle can cause extensive damage. Just one reckless mistake can lead to a catastrophic or even fatal truck accident, and many truck accidents result from driver error on the part of the truck driver, or negligent practices on the part of the trucking company.

This article will provide some statistics on semi-truck accidents and explore what often leads to those numbers. We’ll also outline how a personal injury attorney can help injured people in Georgia pursue the compensation they deserve after being injured by a semi-truck.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

How Many Accidents Are Caused by Semi-Trucks Each Year?

Large truck crashes have been on the rise in Georgia and the nation in recent years. In 2019, our state was ranked fourth in the country for number of fatal crashes involving commercial trucks, trailing only Texas, California, and Florida.

Of the approximately 510,000 big truck crashes in 2019 in the United States, about 118,000 resulted in injury and 5,000 resulted in death. In Georgia, there were 195 fatal truck accidents resulting in 204 deaths, and the vast majority of the victims (173 out of 204, or 85%) were occupants of other passenger vehicles or pedestrians.

As a motorist, you can do little about the behavior of semi-truck drivers. Still, knowing the common causes and what to look for can help you better understand your case.

what causes truck accidents
what causes truck accidents

Common Causes of Semi-Truck Accidents

While any crash involving a big truck is likely to be more damaging than a crash with smaller vehicles, many of these fatalities and other catastrophes are caused by negligence or even recklessness on the part of the driver, their employer, or another entity involved with the truck itself.

Fatigue

Despite strict rules regulating how long drivers are permitted to drive without rest, many drivers do not follow them, often due to pressure from their employers. Driving while fatigued is sometimes because trucking companies demand delivery of goods within a certain time frame. Those deadlines may not be possible to meet without driving for extended periods without rest.

With poor or too little sleep throughout their journey, truckers can lose concentration and coordination while driving. In some cases, the driver may even fall asleep at the wheel.

Evidence of a truck driver being fatigued at the time of an accident isn’t the easiest thing to collect. However, working with a personal injury attorney means you have someone who knows where to look, such as driver logbooks and dash cam recordings. These are often complex and time-sensitive materials, and your lawyer will know how to navigate that system and make sure the evidence is preserved before it can be destroyed by the trucking company.

Speeding

Because trucking companies often require drivers to reach specific destinations within a specified time frame, many drivers end up speeding to reach their location on time.

When a commercial driver speeds, they put themselves and other drivers in grave danger. If a standard motor vehicle is hit by a semi-truck going at high speed, the result can be fatal.

A commercial truck’s sheer size (30,000 to 80,000 pounds) makes it that much harder to slow down or abruptly stop if needed. If a driver is trying to avoid an accident while speeding, even if their reflexes are sharp, the stopping distance may still be too long. The driver may end up veering into another lane or not be able to stop in time to avoid an accident.

Lawyers often work with expert accident reconstructionist to determine factors such as speed, another complexity that would be a lot to handle as an injured person.  

Substance Abuse

Some truck drivers turn to alcohol or drugs to cope with the demands of their job. While some only take these substances off duty, others abuse them while operating a commercial vehicle.

If a driver is impaired while driving, it’s all too easy for an accident to occur. When a driver’s full attention is not focused on the road, an accident can occur, causing harsh injuries and damages. Causing an accident while impaired will often lead to a criminal offense, loss of commercial driver’s license, job loss, and possible jail time.

Anyone injured by a truck driver under the influence should pursue compensation. The help of an experienced personal injury attorney increases your chance of getting the entirety of the money you deserve.

Poor Vehicle Maintenance

Commercial truck drivers often drive hundreds of miles each day, so truck owners are required to make sure their vehicles are in top-notch condition before their drivers hit the road. Vehicle maintenance is sometimes overlooked due to the cost involved and the time it takes to maintain the trucks properly.

Poorly maintained trucks are a huge reason for commercial trucking accidents. Some of the most common issues include:

  • Maintenance Errors: Improper vehicle maintenance can lead to an accident that can be blamed on the truck owner, trucking company, or maintenance company (and not necessarily the driver).
  • Design Defects: If a truck was not properly designed or has poor parts installed, such as failing brakes or tires, the chances of an accident are greater. The designers and manufacturers may be held liable if an accident occurs.
  • Cargo Issues: There are several ways that cargo issues can cause an accident. The cargo might be dangerous or mislabeled, leading to a hazardous spill or explosion. Cargo may have been loaded improperly: incorrect weight distribution can cause a rollover accident.

Bad Weather

Bad weather conditions such as excess rain, heavy snowfall, ice, or fog can impact one’s ability to drive safely, especially considering the above factors. Due to the heavy weight and slow stopping speeds of semi-trucks, it’s easy for a driver to cause an accident during inclement weather.

Driving at an appropriate speed for all weather conditions and braking properly to avoid skidding, jackknifing, and hydroplaning is essential for all truck drivers. Those who are not properly trained to drive during bad weather conditions should pull off to the side of the road to wait out the storm. Avoiding an accident is much more important than risking lives.

RELATED: The Most Common Types of Truck Accident Cases

how many accidents are caused by semi trucks
how many accidents are caused by semi trucks

How Personal Injury Attorneys Can Help People Injured in Passenger Vehicles

Pursuing a case against a or their employer is different than making a claim against non-commercial motorists in passenger vehicles.

Trucking companies are fully aware of their potential liability when it comes to truck accidents. That’s why they typically carry massive insurance policies—but also why they and their insurance companies fight so hard to keep their costs as low as possible.

For most people injured by semi-trucks, taking this on alone is going to be overwhelming, especially while healing physically, mentally, and emotionally. Lawyers bring not only their knowledge and experience, but a network of legal, medical, and traffic experts who work together to build your case.

RELATED: Can I Sue for Being Hit by a Semi-Truck?

Ready to Talk to a Lawyer Who Has Your Back?

how many accidents are caused by semi trucks
how many accidents are caused by semi trucks

What to Do if You Were Involved in a Commercial Semi Truck Accident

If you were involved in a commercial truck accident caused by a truck driver or trucking company’s negligence, it’s important to contact an experienced truck accident lawyer for legal help as soon as possible. Since truck accidents are often extraordinarily complex, it’s crucial to have legal help so the other party’s insurance company doesn’t take advantage of you.

The Brown Firm has a team of highly trained and skilled truck accident lawyers who specialize in helping the injured receive the compensation they deserve. Seeking the help of an attorney as quickly as possible will provide you with the best chance at protecting your legal rights.

Often in a truck accident case, multiple parties can be held responsible for the accident. Even if the truck driver did nothing wrong, the trucking company, manufacturer, cargo loader, or other organization may be liable, and responsible to compensate you for your losses.

At The Brown Firm, our attorneys provide free consultations to truck accident victims. Our goal is to help each client receive the benefits they deserve for pain and suffering caused by another’s negligent behavior.

If you or your loved one were hurt in a semi-truck accident in Georgia or South Carolina, call (800) 529-1441 or use the easy contact form on our website to set up your free case evaluation today!

References

Large Trucks. (n.d.). NSC Injury Facts. Retrieved from https://injuryfacts.nsc.org/motor-vehicle/road-users/large-trucks/

National Center for Statistics and Analysis. (2021, May). Large trucks: 2019 data. National Highway Traffic Safety Administration. Retrieved from https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813110

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

This field is for validation purposes and should be left unchanged.

Who Is at Fault in a T-Bone Car Accident?

Although there’s no such thing as a safe car accident, T-bone collisions (also known as side-impact collisions) are especially dangerous.

According to the National Highway Traffic Safety Administration, in 2019 around 31% of multi-car collisions involved an angled impact with the front of one car driving into the side of the other car. However, these same angled-impact collisions account for 46% of the fatalities. And even for those who are fortunate enough to survive, severe injuries such as broken bones, internal injuries, and spinal cord injuries are common.

If you’ve been injured in a T-bone accident and someone else was responsible, you deserve compensation for your medical bills, lost wages, pain and suffering, and other damages. Unfortunately, proving that the other driver was at fault in a side-impact collision can be challenging and frustrating, and often requires strong supporting evidence.

In this blog post, we’ll take a closer look at how fault is determined in T-bone car accidents, and what you can do to maximize your chances of getting a fair recovery.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

How Fault is Determined in T-Bone Car Accidents

Fault in a car accident is based on the legal concept of negligence. In order for a driver to be held at fault and pay damages, the following three conditions must be met:

  • The driver owed a duty of care to the person who was hurt. This condition is usually not in question—all drivers have a responsibility to drive safely and take reasonable precautions to protect the safety of others on or around the roadway.
  • The driver breached that duty of care. In other words, the driver should have known better and did not take the appropriate steps to prevent the accident. For example, if the drive blows a stop sign or traffic light, pulls out in front of traffic, or commits any other traffic violation due to being distracted, drunk, or simply reckless, they clearly breached their duty of care. On the other hand, if the crash occurred because of an unexpected vehicle failure (faulty brakes, exploded tire, etc.) the driver may not be held responsible.
  • The accident resulted injuries or other damages. You can’t seek compensation against a person who didn’t actually injure you, even if they were driving at 100 mph and missed your car by an inch.

RELATED POST: How Fault and Liability Is Determined In A Car Accident

How Do T-Bone Accidents Happen?

The vast majority of T-bone accidents occur at intersections, as this is the only place where you’d normally find cars travelling perpendicular to one another before a collision.

Some common scenarios include:

  • A vehicle blowing through a red light and striking a vehicle legally proceeding through the intersection.
  • A driver making a left turn directly in front of oncoming traffic.
  • A driver pulling out of a side street or driveway without making sure that the main road was clear of traffic.

As you may note, depending on the context, in some cases the driver who T-boned the other car is responsible, while in others the driver who was T-boned is responsible. This is unlike rear-end collisions, where the trailing car is at fault the vast majority of the time.

Quite often in T-bone accident cases, factors such as drugs, alcohol, and distracted driving (such as texting while driving) are a factor.

Who Can Be at Fault in a T-Bone Accident?

One of the tricky things about determining fault in T-bone accidents is that, depending on the context, either driver might be the one responsible. On top of that, sometimes both drivers share some degree of responsibility, while in rare cases other third parties might be at least partially to blame.

Here are just a few possibilities for who might be at fault:

  • One or both drivers involved in the collision. Again, most T-bone accidents occur at intersections, and in most cases only one driver will be held responsible. However, in some cases both drivers may share blame if both were negligent. For example, it may be determined that while one driver was speeding the other driver also failed to make sure the way was clear before proceeding through the intersection.
  • A vehicle or other equipment manufacturer. Perhaps you intended to stop, but your brakes failed—even though you properly maintain your vehicle and had no reason to suspect any problems. Or maybe your seatbelt failed, or your airbag didn’t deploy, and your injuries were substantially worse as a result. In such cases, the car manufacturer may be held responsible for faulty and unsafe equipment.
  • A third driver not involved in the collision. In rare cases, another driver may begin a chain of events that result in a side-impact collision. For example, imagine that a car in front of you performed an illegal or reckless maneuver, such as turning left into your lane of travel. You were then forced to swerve to avoid a collision, which caused a third car to strike yours. In this scenario, the driver of the first car could be at least partially at fault even if they didn’t hit anyone.

What Happens If Multiple Parties Are at Fault? Can I Still Recover Compensation If I’m Partially to Blame?

That depends on what state the accident took place in. Both Georgia and South Carolina use a system known as modified comparative negligence to determine who can receive compensation from a T-bone car accident case, and how much.

The basic rule is that the damages you’re claiming will be reduced by your share of the fault. So, to use a simple example, if you’re claiming $1 million in damages but a court finds you to be 25% at fault, you will only receive $750,000 (that is, $1 million minus 25%).

However, if your share of the fault is too high, you are prohibited from recovering anything. In Georgia, you cannot receive any compensation if you are at least 50% at fault. In South Carolina, you must be more than 50% at fault to barred from compensation.

The main difference here is what happens if fault splits 50-50. In South Carolina, both parties can recover half their damages. In Georgia, both parties walk away with nothing.

who is at fault in a car accident t bone
who is at fault in a car accident t bone

Proving the Other Driver’s Fault in a T-Bone Collision Can Be Very Challenging

It may be completely obvious to you that the other driver was the primary cause of the T-bone accident. But that’s no guarantee that the other driver (or their insurance company) will see it that way or admit to any culpability.

Again, with most T-bone accidents, the root cause is that the driver who was supposed to yield to the other vehicle at an intersection failed to do so. Usually, that’s because someone was speeding, driving distracted, driving under the influence, or failed to property stop at a stop sign or red light.

But if, for example, there were no eyewitnesses, the driver of the other vehicle may try to pin the blame on you. They may outright lie and say they were the ones with a green light. And if you don’t have strong evidence to back up your side of the story, they may well get away with it.

And in fairness, the other driver doesn’t have to be knowingly lying, either. Car accidents are traumatic experiences for everyone involved. They may simply remember the crash differently than you do. That’s another reason why proving fault can be such a challenge.

So, if you think you can sit back and trust that your good word and the official police report will be enough to carry the day in court, think again.

How A Personal Injury Attorney Can Help You Prove Fault in a T-Bone Accident

A skilled and experienced car accident attorney will have a variety of tactics at their disposal to investigate the case and uncover the truth about what happened. These include, but are certainly not limited to:

  • Making every possible effort to contact any eyewitnesses and get their statements.
  • Identifying and obtaining any surveillance tapes that might be available, such as nearby security cameras or dashcam footage, as quickly as possible (before the footage is erased).
  • Working with a traffic accident reconstructionist to piece together the most likely cause of the crash, by observing debris patterns, skid marks on the road, photographs, and other available evidence.
  • Picking carefully through conflicting statements and testimony for weaknesses in the other driver’s version of events.
  • Aggressively investigating whether other third parties (such as a car manufacturer who built a faulty seatbelt, or a bar that knowingly overserved a drunk driver) could be liable as well.

Your car accident lawyer can also help you avoid falling into traps that the insurance adjuster might set for you, such as getting you to make a statement on the record that could be used against you—for example, getting you to state that it’s possible you might share some of the fault, or that your symptoms might not be as bad as they seem.

Remember, the insurance company has been playing this game for a long time, and their goal is to get rid of your case as quickly and inexpensively as possible. Meanwhile, you’re just trying to get your life back together, and need to focus on your healing—not on fighting the insurer, on their terms, on their turf. They will not hesitate to take advantage of your situation and inexperience to get you to settle for a much smaller amount than you deserve—or deny your insurance claim entirely. That’s why you should always seek legal assistance.

How Much Should I Claim? Will My Case Go to Trial?

In addition to helping you determine fault in the accident, your attorney will also calculate how much your case is worth. Assessing the value of your damages can be difficult, as it often requires estimating future medical costs and lost wages, careful accounting of all your symptoms, and subjective evaluation of your pain and suffering. However, this is critically important work, as once you settle with the insurance company, you are unable to go back and ask for more later.

Once you and your attorney arrive at a number, you will make a demand for compensation. Sometimes the insurer will agree if the evidence is overwhelming, but often they will counteroffer to try to get you to take a lowball settlement.

If the two sides can’t come to a fair agreement, then you may have to file a lawsuit. However, this doesn’t necessarily mean your case will end up at trial. The two sides can still negotiate all the way up to the trial date, and most cases do eventually settle before then.

However, it’s still important to hire an attorney with trial experience, as this shows the insurance company that you’re not afraid to fight for what’s fair and discourages them from making bad faith settlement offers.

RELATED POST: Should I Take the First Settlement Offer in My Injury Case?

Ready to Talk to a Lawyer Who Has Your Back?

who is at fault in a car accident t bone
who is at fault in a car accident t bone

Injured in a T-Bone or Side-Impact Accident? Call The Brown Firm Today

Led by personal injury lawyer Harry Brown, our aggressive legal team works hard every day to hold at-fault drivers and their insurance providers accountable for the serious pain and damage they cause, and to get our clients the fair compensation they deserve.

The sooner you contact an attorney after your T-bone car crash, the better your chances of maximizing your recovery. So don’t take the risk—contact The Brown Firm today to request your free consultation. You can reach us at (912) 324-2498 or completing our simple online form.

References

National Highway Traffic Safety Administration. Traffic Safety Facts: A Compilation of Motor Vehicle Crash Data (Table 29: Crashes, by First Harmful Event, Manner of Collision, and Crash Severity, 2019). Retrieved from https://cdan.nhtsa.gov/tsftables/tsfar.htm

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild. We serve all of Georgia and South Carolina from four conveniently located offices in Savannah, Atlanta, Athens, and Okatie.

Schedule your free consultation by calling (912) 324-2498 or completing our simple online form.

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Is Texting and Driving Illegal in Georgia?

You have a strong feeling that the person who caused your car accident was texting while they were driving. If this is true, it can certainly help any legal case you choose to pursue and boost your chances of getting fair compensation for your injuries.

Of course, proving another driver was texting, and that the texting caused your injuries and other losses, can get complicated. What do you have to do first to ensure that your traffic accident case is handled properly?

This article outlines what Georgia law says about texting and driving, how dangerous distracted driving can be, and how an experienced personal injury attorney can help you get the compensation you deserve.   

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Georgia Distracted Driving Law and a Driver’s Wireless or Stand-Alone Electronic Device

The short answer is yes — texting and driving is illegal. But what that means for your case is a bit more complicated.

Cell phone use behind the wheel is a form of distracted driving, and distracted driving is a leading cause of car accidents in the United States. According to the Georgia Department of Transportation, 56% of motor vehicle crashes involved a confirmed or suspected distracted driver in 2019.   

For example, texting while driving can take someone’s eyes off the road for five seconds. If the car is moving at 55 miles per hour, it will travel the length of a football field in that time. That’s plenty of time, space, and speed to make for a catastrophic accident.   

While drivers can be distracted by anything, from the controls on the dashboard to a billboard on the side of the road, electronic devices (often called a wireless telecommunications device or stand-alone electronic device) are among the most dangerous—and also the easiest to avoid. Further, their use is easier for experts to investigate than many other distractions, thanks to electronic records.

What Does the Law Say?

According to Georgia distracted driving law, it is illegal to:

  • Use one’s body to hold or support a cellphone, global positioning system receiver (GPS), or other electronic device used to search, send, or receive messages or internet data while operating a vehicle.
  • Write, send, or receive text-based data, such as text messages, email, or instant messages, on a wireless or stand-alone electronic device while operating a vehicle.

Drivers may use hands-free devices while driving. This includes voice-operated technology using speaker features or earpieces.

These distracted driving rules apply to all Georgia drivers. Commercial drivers, such as those making deliveries or hauling cargo in a semi-truck, must follow additional restrictions:

  • Voice communication technology may not use more than one button to start or end the call.
  • The driver must be able to remain in a properly seated driving position and belted when accessing and operating any communication technology.

Distracted driving laws do not apply as usual when a driver is reporting an accident or other roadway emergency. They also don’t apply to police officers, firefighters, and other first responders performing official duties.     

is texting and driving illegal in georgia
is texting and driving illegal in georgia

Proving Another Driver was Texting During a Motor Vehicle Crash

Despite the existence of electronic records, proving an at-fault driver was texting at the time of the accident is not easy.

The report of a law enforcement officer may contain helpful information, though officers don’t always know if a driver was texting at the time of the crash (and drivers aren’t always eager to share that information even when asked).

Obtaining cell phone records, including time and kind of use, often requires jumping through a hoop or two, such as issuing a subpoena (a demand for evidence) or warrant.

Another challenge is the passage of time. Cell phone companies keep records, but not forever. The longer it’s been since the accident, the more buried the relevant records might become. If it’s been years, the data may no longer exist.

Beyond any hard evidence, the at-fault driver may come up with any number of excuses or justifications for why they were using a cell phone while driving.

Going up against all of this on your own is challenging, especially if you’re healing from serious injuries.

Can You Sue if You’re Injured in a Car Accident Caused by Texting and Distracted Driving?

Any motor vehicle crash that was the fault of another individual and caused by their negligent actions (including distracted driving) can result in a lawsuit. You should never bear the burden of the damages and medical bills you incurred due to someone else’s reckless actions behind the wheel. 

If someone chooses to text and drive and injures you or a family member, it is their financial responsibility to make sure your medical bills, treatments, lost income, and other damages are taken care of.

However, at-fault drivers and their insurance companies will often try to dodge this responsibility, leaving injured people in financial and physical turmoil. If initial negotiations break down, a lawsuit is usually the next step.

That is where a premier law firm comes in to help. Hiring the right personal injury attorney can make all the difference in a distracted driving car accident case.

Your lawyer will gather evidence, fight for your legal rights, and do all they can to secure the compensation you need if you were injured in a texting and driving accident. 

RELATED: How Do You Recognize a Distracted Driver? (and What Should You Do if You’re Hit by One?)

ga texting and driving law
is texting and driving illegal in georgia

The Brown Firm Holds Those Who Text and Drive Responsible

At The Brown Firm, we are dedicated to protecting the injured. Those who endanger others by texting behind the wheel must be held responsible, and we have the experience to make that happen.

At your free initial consultation, we’ll listen to your story and figure out the best plan forward. To schedule yours today, call (800) 529-1441 or use the easy contact form on our website. We look forward to hearing from you!  

References

Georgia traffic safety facts: distracted driving. (2021, May). Shepherd Center. Retrieved from https://www.shepherd.org/docs/Injury%20Prevention/2019-distracted-driving-georgia-traffic-safety-facts.pdf

GA Code § 40-6-241 (2020)

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Dash Cam Footage Helps Secure Maximum Settlement for Our Client

On an otherwise normal day in July, Mark’s entire life was turned upside down when a distracted driver violently rear-ended his SUV, pushing it right off the road and into a tree.

Mark’s following months came with significant pain, numerous treatments, and plenty of lost income. To top it off, the insurance company wasn’t offering anything close to a fair settlement—at least not until The Brown Firm presented them with footage of the incident and made them understand what they’d be faced with if the case got to trial.

Keep reading to hear Mark’s story, understand his road to recovery, and learn how The Brown Firm helped him get the compensation he deserved.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Mark Is Pushed Off the Road and Into the Trees

Late one summer morning, Mark was driving along May River Road in his SUV. As a drywaller, he carried ladders and equipment in his vehicle, and was perhaps looking forward to a lunch break soon.

As Mark slowed down with traffic to make a left turn, he was suddenly and violently hit from behind. The impact caused Mark to lose control of his vehicle, fly off the left side of the road, run into a tree, and finally stop at the tree line.

Fortunately, Mark was conscious and able to move. But between the car crash itself and the run-in with the trees, his car was so crushed that he couldn’t get out of the driver’s side. Instead, he crawled out a passenger door and into someone’s yard.

Dash Cam Footage Helps Secure Maximum Settlement
Dash Cam Footage Helps Client

Months of Recovery and Missed Income

Mark was taken by ambulance to the hospital, where he recalled being rear ended and crawling out the passenger side of his car, but nothing in between. He did remember a ladder hitting the back of his head after the initial impact.

Ultimately, Mark suffered a concussion as well as injuries to his back and knee. Within a few days, he also developed terrible abdominal pain and went back to the hospital, where he received injections for pain management. In addition, Mark sought chiropractic treatment for pain and decreased range of motion in his neck and shoulder.

Months later, and after countless injections, medications, and other treatments, Mark reached his maximum medical improvement (MMI). While he’d seen significant improvement in his comfort and mobility, his medical bills were adding up and the lost income during recovery made everything more difficult.

It was undeniable that none of this was Mark’s fault. It was time to demand a settlement from the at-fault driver’s insurance company.

The Insurance Company Offers an Insultingly Low Settlement

Liability was clear in Mark’s claim. Not only did the other driver plow into Mark’s car, but the absence of skid marks on the road indicated that the other driver didn’t even try to stop. This suggests distracted driving. The responding officers questioned her multiple times about drug or alcohol use, though the causes of her distraction turned out to be fatigue, fumbling with a face mask, and using an electronic device.

We filed claims with the at-fault driver’s two relevant insurance policies. Mark easily recovered the maximum amount from one, but the other was more challenging. The insurance company offered only a fraction of what we demanded, and what Mark needed to get back on his feet after the medical bills and missed work.

The Brown Firm Uses Dash Cam Footage to Demand a Fair Settlement

The team at The Brown Firm knew it was time to get serious for Mark. We asked for dash cam footage from the police officer who responded to the accident.

This footage did not show the at-fault driver in a flattering light, to say the least. It showed her declining a nystagmus test (which officers sometimes use if they suspect DUI), claiming she could not take it due to legal blindness in one eye. It also revealed her admitting to her fatigue and distraction, as well as the officer’s comments about the lack of skid marks and frequent questions about whether she was under the influence of drugs and alcohol.

We reminded the insurance company that this and the other evidence we’d collected would create quite an ordeal for the at-fault driver should the case go to court. We also stressed how difficult the accident and recovery had been for Mark, and that the courts would likely agree with our assessment.

In the end, the insurance company finally gave in and Mark recovered the maximum compensation from that second insurance policy as well. His case didn’t have to go to trial, and he was able to focus on rebuilding his life.

RELATED: Insurance Company Plays Blame Even After Their Own Driver Admits Blame: Khadija’s Story

Ready to Talk to a Lawyer Who Has Your Back?

The Brown Firm Protects the Injured in South Carolina and Georgia

The Brown Firm is honored to protect the injured in Georgia and South Carolina. Our team of personal injury lawyers is experienced with a range of car accident types and injuries and approaches every case with compassion and skill. Better yet, Harry Brown was a practicing chiropractor before becoming a lawyer, and understands neck and spinal injuries in a way most attorneys can’t.

You can schedule your free initial consultation today when you call (800) 529-1441 or complete the simple contact form on our website. We look forward to hearing from you!

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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How Long Can I Sue After a Car Accident in Georgia?

Dealing with the aftermath of a car accident is almost always frustrating, exhausting, and overwhelming. In those first few days or even weeks after the accident occurred, hiring a personal injury lawyer or filing a lawsuit might not necessarily be the first thing on your mind.

But if you or a loved one are now weighed down by injuries and financial strain, struggling to pay for medical bills, not to mention daily living expenses, you need to start thinking about seeking fair compensation.

And you need to do it sooner rather than later, because you won’t have the opportunity to file a personal injury claim or lawsuit forever. Georgia has a strict personal injury statute of limitations, and the insurance company isn’t going to politely let you know when you’re running down the clock. If you miss the deadline, you permanently lose your right to sue under Georgia law. And if you delay too long, you may not have enough time to build a strong case before it’s too late.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

What Is the Georgia Personal Injury Statute of Limitations?

So, how long do you have after an accident to sue the at-fault driver? The broad answer is: It depends.

The “statute of limitations” is the legal term to describe the amount of time following a personal injury when you can file a lawsuit. The type of personal injury can also impact the amount of time you have to file, and it varies from state to state.

It is critical that you research the statute of limitations for personal injury cases in your state. If you do not take legal action within this time limit, your ability to sue will be forever lost.

For example, the Georgia personal injury statute of limitations is two years. Those who live in South Carolina, however, get three years to file most kinds of personal injury lawsuits. On the other hand, if you live in Tennessee, you only get one.

Exceptions to the statute of limitations for personal injury cases

Exceptions can, on very rare occasions, extend the statute of limitations. Some exceptions that may apply are:

  • For a minor child or mentally incapacitated victim
  • In the case of fraud
  • With the “discovery of harm” rule

Essentially, the discovery of harm rule states that the time frame you are given to file a lawsuit technically begins when you could discover and be aware that you have been harmed. It should be noted and understood that car accident personal injury cases do not typically fall under the discovery of harm exception, because you would have easily been aware of the damage and accident the day of the car crash.

The discovery of harm rule is most commonly applied in medical malpractice claims, as an individual may not experience negative symptoms until well after the day of their medical appointment or surgery.

These exceptions are rare and you should always contact The Brown Firm for a free consultation to find out if your claim qualifies for any extension.

Georgia statute of limitations personal injury
Georgia statute of limitations personal injury

Preparing to File a Personal Injury Lawsuit

On the scene of an accident, you probably won’t know if your case will have to be litigated, but it is smart to prepare just in case. There are several things you can do to prepare yourself in the event you need to file a lawsuit.

1. Make Sure You Document Everything

You never want your personal injury case to turn into a “he said, she said” argument. You want to control as much as possible and present the facts as clearly as you can. If it comes down to the insurance companies and their adjusters, they will try to use vagueness against you to pay you a lower settlement.

Everything comes down to evidence. The more evidence collected in your favor, the better your settlement will be.

You’ll want to do the following to ensure you are providing significant evidence:

  • Take photos of your car and areas of damage. Capturing every detail on camera is important.
  • Collect witness statements that reinforce your stance that the other driver is at fault. Also, take witness names, addresses, and ask for copies of any pictures that were captured of the accident scene.
  • Always obtain a police report at the site of your accident. While police reports may be described as mostly an opinion, having the other driver appear as the guilty party in the police report could substantially assist your case.
  • Gather information from the other party. This can include name, address, driver’s license number, license plate number, and insurance information.
  • Seek medical treatment. If you plan to include injuries, pain, and suffering into your case you will need proper medical documentation.

Remember: The more evidence you gather, the stronger your case will be.

Georgia statute of limitations personal injury
Georgia statute of limitations personal injury

2. Call a Personal Injury Attorney

Whether you are still early in settlement negotiations the insurance companies or decide to sue, it is always best to have an accident injury lawyer on your side.

Lawyers understand the law and all of the intricacies that surround it. You don’t want to risk your settlement due to uncertainty. Besides having a better grasp of the law, lawyers have experience and training on how to use the evidence to coherently support your case.

Often individuals in car accidents will avoid contacting a personal injury attorney for fear of the expense.

However, many lawyers work on a contingency basis. That means your lawyer will only be paid if you win your case.

This creates a low-risk environment for the injured party and encourages the attorney to work tirelessly to win the case and earn you the highest financial compensation.

Request your free consultation with The Brown Firm to discuss your accident and the claims you might need to make. Our experienced team of attorneys will review your unique case with your health and financial needs in mind.

3. Deciding the Next Steps

Now that you have collected the necessary evidence and have consulted with a personal injury attorney, you should look at the facts and decide whether or not the best decision is to sue.

Work with your attorney to estimate the true value of your personal injury claim, considering all your medical expenses, lost wages, pain and suffering, and other recoverable damages. Almost always, the insurance company’s first settlement offer will be nowhere close to fair. But if after a few rounds of back-and-forth negotiations they still aren’t offering a reasonable settlement, your best choice may be to sue.

Remember, insurance companies are trying to end cases quickly and for the least amount of money possible. Even your own insurance company representing you doesn’t necessarily have your best financial interest at heart. When you hire an experienced trial attorney and demonstrate your willingness to file a lawsuit, you show the insurer that you’re serious about getting what you deserve.

Just because you sued doesn’t necessarily mean your case will go to trial. You can continue to negotiate with the insurer as the case proceeds, right up to the date of the trial. And because trials are risky and expensive—and because you’re now well represented—the insurance company should be much more motivated to offer a better deal.

RELATED POST: 4 Common Mistakes People Make With Insurance Companies

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Georgia statute of limitations personal injury
Georgia statute of limitations personal injury

Considering Your Legal Options? Contact The Brown Firm Today

Harry Brown and his team of attorneys can help you weigh your options and decide if pursuing a lawsuit is the right decision for you. We represent clients at all stages of the Georgia personal injury claims process. Whether you were injured in car accident, dog bite, slip and fall, or other personal injury scenario, our team may be able to help.

It’s never too early to contact an attorney. Although there’s a two-year window to sue, it takes time to build a strong legal case—and there may be time-sensitive information or important evidence that can be lost or destroyed if not gathered soon after the accident. Don’t wait until the filing deadline is just a few months away to take this important step.

Even if you’re not sure whether or not you have a fighting chance, give us a call to discuss it! Our consultations are always free, and you owe no legal fees unless we win your case. You can reach The Brown Firm at (800) 529-1441 or by completing our simple online contact form.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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What to Do When You Encounter Georgia’s Worst Drivers

Do you often hear complaints about the drivers in your city or state being the worst in the nation? Depending on where you are, you might be right.

In 2020, Georgia had more than 600,000 car accident-related injuries. Broken down, that means more than 70 people were injured every hour in the state—an alarming increase from previous years. Further, motor vehicle crashes are the leading cause of death in Georgia for adults and children.

This article will explore what makes certain drivers higher risk than others, and what to do if you’ve encountered one of them. We’ll also outline how an experienced car accident attorney can help.  

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Who Are Georgia’s Most At-Risk Drivers?

Every driver has at least one anecdote about someone else who caused trouble on the road. But those experiences don’t necessarily tell us which kinds of drivers actually pose the biggest risk to the rest of us.

The most dangerous drivers may be defined by a range of factors, including behavior, age, and the preventive measures they take.  

Distracted Driving, From Road Signs to Google Searches

Drivers face numerous distractions on the road, and driving distracted is one of the leading causes of accidents across the country—Georgia very much included.

Some distractions are unavoidable, while others are a choice. For example, drivers often take their eyes off the road to read an important sign about directions or construction. While this is distracting, it’s more understandable than trying to reach something in the back seat or respond to a text.

Avoidable or not, frequently distracted drivers are far more likely to cause an accident.

Uninsured Drivers

Being uninsured does not necessarily make a driver more likely to cause an accident, but uninsured drivers certainly pose a bigger risk for injured people in need of financial compensation.

As an at-fault state, Georgia holds drivers who cause accidents liable for the damage and injuries they cause. If you’ve been injured because of someone else’s negligent or reckless driving, you have the right to demand compensation from their insurance company. If they don’t have insurance, you may or may not have other options; it hinges greatly on your own insurance.

We strongly urge all drivers to purchase uninsured and underinsured motorist coverage as part of their own auto insurance policy. This helps protect you in cases where an at-fault driver is uninsured or doesn’t have enough liability coverage to fairly compensate you for your injuries and damages.

Behavior Leading to DUI Arrests

Drivers who get behind the wheel under the influence of alcohol or drugs greatly increase their chances of causing an accident. Further, some studies show that people with previous DUIs (driving under the influence) are more likely to repeat their offense.  

Whether they get caught or not, people who drive drunk or on drugs are a significant threat to everyone else on the road.

People in Their 20s

Teenage and senior drivers are typically assumed to be a higher risk on the road. However, according to the data, people in their 20s are the most dangerous drivers.

Suggestions for why this might be the case include people in this age group being new to drinking alcohol and staying out late in bars, as well as living away from home for the first time and learning to balance freedom and responsibility.   

RELATED: What to Do When It’s Word Against Word in a Car Crash

worst drivers
worst drivers

Options if You Were Injured by a High-Risk Driver

As mentioned, Georgia is an at-fault state. If you’re in an auto accident (as a motorist or pedestrian) caused by someone else’s negligence and living with injuries that negatively impact your life, you have the right to pursue financial compensation.

Understand that simply being in a high-risk category of drivers does not increase the at-fault party’s liability.

For example, while driving without insurance is not wise, it does not make one more likely to run a red light. Likewise, simply being 24 should not count against someone in a court case.  

On the other hand, driving under the influence of alcohol and texting while driving are deliberate acts that qualified drivers know are dangerous.

After any car accident, keep the following in mind:

  • Take pictures of injuries and damage and record your memories of what exactly happened. These details can help determine whether the at-fault driver was distracted or intoxicated at the time.
  • If the other driver is uninsured or has too little coverage, check your own policy for injury protection and UI/UIM (uninsured/underinsured motorist coverage). By law, insurance companies in Georgia are required to offer you UI/UIM coverage when you buy your policy, so many people don’t even realize they have it. However, it is possible (although never advisable) to decline this coverage in writing.
  • Whatever the details of your claim, do not speak to the at-fault driver’s insurance company without consulting with an attorney first, or accept their first settlement offer. Their job is to close the claim as quickly and cheaply as possible, not to give you the compensation you deserve.

How a Car Accident Lawyer Can Help

Experienced car accident attorneys understand Georgia law and how it applies to your case. They are used to talking to the insurance companies and know how to demonstrate that the other driver is responsible for how your life has changed. Never try to go it alone.

RELATED: How Are Personal Injury Settlements Paid Out?

driving in georgia
driving in georgia

The Brown Firm Protects Those Injured by Georgia’s Worst Drivers

Nothing is more frustrating than knowing your life was changed because of another person’s bad decision. If you’re ready to talk to someone who will listen with compassion and help you make a plan, it’s time to call The Brown Firm. Our legal team has decades of experience fighting for those injured in Georgia car crashes and is here to listen to you.

To set up your free initial consultation today, call (800) 529-1441 or use the simple contact form on our website. We look forward to speaking with you!

References

Kasperowicz, L. (2021, Dec. 16). What age group has the most fatal crashes? (No. 1 will surprise you) AutoInsurance.org. Retrieved from https://www.autoinsurance.org/age-groups-fatal-crashes/#36  

Motor vehicle crashes. (n.d.). Georgia Department of Public Health. Retrieved from https://dph.georgia.gov/health-topics/injury-prevention-program/cdc-core/motor-vehicle-crashes

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Insurance Company Plays the Blame Game Even After Their Own Driver Admits Fault: Khadija’s Story

After a car accident, the at-fault driver usually depends on their insurance company to pay settlement amounts. While it’s frustrating when insurance companies try to pay less than what’s fair, personal injury attorneys know to expect it as part of negotiations. 

But what happens when the insurance company won’t accept that their driver was at fault in the first place—despite all evidence to the contrary, including the at-fault driver’s own testimony? 

For Khadija, this was a serious obstacle to getting the financial compensation she deserved, and a hassle as she tried to heal from serious injuries that affected her ability to live an active, independent lifestyle.  

Keep reading to hear Khadija’s story, and find out how The Brown Firm helped her prove to the insurance company that she wasn’t at fault or going to accept their lowball settlement offer.

Client Story

A Young, Independent Woman Faces Daily Pain

Khadija was driving down Chatham Parkway one evening, just before Christmas. As she approached an intersection where she had the right-of-way, a car facing the opposite direction suddenly turned left in front of her. 

Unable to stop or swerve without driving into oncoming traffic, Khadija had no choice but to T-bone the other car. Her airbags deployed, causing a burn on her chest, a cut on her lip, and whiplash to her neck.  

In the days and weeks after the crash, Khadija dealt with persistent and worsening pain in her lip, back, and knees. She sought medical treatment and began a regimen of stretches, therapy, medication, chiropractic sessions, and a home TENS unit, hoping they would ease her pain and make daily movement—such as lifting, bending, and twisting—a bit easier.   

As a person in her early 20s who was used to being active and independent, Khadija was significantly affected by this accident. While she was able to move on her own and go about her life, she also constantly dealt with pain and limitations because of the car accident.  

The Other Driver Accepts Responsibility, but the Insurance Company Won’t

Liability was clear in this case. Khadija followed the rules of the road and had no time to make a real decision about her response. Swerving to miss the car would have forced her into oncoming traffic.  

In fact, at the scene of the accident, everyone present seemed to be on the same page about this. According to body camera footage, police officers interviewed the other driver and her passenger, who happened to be an off-duty officer himself. Together they discussed what happened, and the passenger helped explain to his driver why she was responsible for the crash. The driver herself confirmed the details and did not dispute that she was at fault.  

This should have been a simple claim for Khadija. However, when it came time to work with the insurance company, things got more complicated.

The Brown Firm Fights Back with Facts

It’s very typical for insurance companies to try to minimize how much they pay out to injured people after an accident. In some cases, they do this by trying to shift some or all the blame to the injured person.  

That’s what happened to Khadija. The other driver’s insurance company insisted that she was speeding and could have avoided the accident had she been driving the speed limit. Then, they offered a settlement that was far less than what she needed to pay her crash-related costs. 

Fortunately, Khadija had The Brown Firm on her side, and we knew just where to look to support her claim. 

An Officer’s Words Carry Weight

After discovering the insurance company’s tactic and how little they wanted to pay, we reviewed a great deal of body camera footage from the responding police officers.  

It was clear that the at-fault driver’s passenger, an off-duty officer, knew exactly what happened and that his friend was responsible. We informed the insurance company that the passenger would be our first witness if negotiations broke down and we had to go to trial. 

Explaining Why Khadija Couldn’t Stop

While the passenger’s words were helpful, we also wanted to prove that Khadija was simply unable to stop, and thus not able to prevent the accident. 

The posted speed limit on Chatham Parkway is 45 miles per hour. At that speed, a car travels about 66 feet per second. If Khadija was traveling at that rate, she would have needed about 100 feet to come to a stop. 

The intersection the crash happened is only 40 feet in total length. Even if Khadija was driving at or a little under the speed limit, it would have been mathematically impossible for her to stop before hitting the other vehicle.  

In the end, the insurance company relented. They accepted that their driver was 100% at fault and paid well over what Khadija needed for medical bills. Finally, this young person could begin to move on with her life.

The Brown Firm Fights Back Against Insurance Companies for Injured Clients

If you or someone you love has been injured because of someone else’s negligence, you need an attorney who knows how to beat the insurance companies at their own game. After years in the legal industry, and with a background in the medical space, The Brown Firm is your champion.  

During a free case evaluation, we’ll get to know more about you and your case and figure out the best path forward. To schedule yours today, call (800) 529-1441 or use the easy contact form on our website.  

The content provided here is for informational purposes only and should not be construed as legal advice on any subject. 

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Shoulder Pain After Wreck? Here’s What to Do Next

Shoulder pain is common after almost any kind of car accident. Because your shoulders are connected to your neck and back, they are vulnerable to the impacts and jolts of both minor and severe crashes.

Yet unlike readily visible injuries, such as cuts and major fractures, many shoulder injuries aren’t immediately obvious, and can be difficult to diagnose and treat. This can cause complications if you’ve been injured because of someone else’s carelessness and want to seek fair compensation.

This post will outline some of the most common shoulder injuries after car accidents and describe how you might experience them. We’ll also provide guidance on what to do next, and how an experienced personal injury attorney can make the entire process easier and increase your chances of getting the compensation you deserve.   

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Common Causes of Shoulder Pain After a Car Accident

Sometimes post-car-accident shoulder pain is due to minor, temporary inflammation or bruising. Other times, it’s related to serious injuries in the shoulder joint, shoulder blade, or even the upper arm bone.

Common causes of shoulder pain after a car accident include: 

Whiplash

Whiplash is a whipping, back-and-forth motion of the neck that often happens when a vehicle is hit from the front or rear. This causes issues for the head, neck, and back, and the shoulders are also likely to be affected. Muscle strains and tears often means whiplash pain radiates into the shoulders.

Rotator Cuff Tear

A torn rotator cuff is a tear in the grouping of four muscles that attach the arm bone (humerus) to the shoulder blade. Not only will this cause shoulder pain, but you might experience weakness or a cracking sensation when moving your arm. A torn rotator cuff could ultimately require shoulder surgery.

Bone Fracture

The main bones that cause shoulder pain after a car accident are the clavicle (collar bone) and humerus (arm bone). Fractured clavicles are especially common, but both kinds of bones are vulnerable in a car crash because of their closeness to the steering wheel, dashboard, and window. An incredibly blunt force could even cause a fracture in your scapula (shoulder blade).

Dislocation

If a car accident forces the body to twist with the arm in a particular position, the arm might also twist and come out of the shoulder joint. This can certainly cause shoulder pain, but you could also lose shoulder mobility and feel like your arm is “dead” or separated from your body. Proper medical treatment is vital to preventing muscle damage and other serious conditions. 

Soft Tissue Injuries

Soft tissue injuries are incredibly common after a car accident. Soft tissues include muscles, ligaments, tendons, blood vessels, and nerves that surround organs and bones and hold them in place. The shoulder is full of soft tissues that give it strength and mobility. When these are bruised, sprained, or strained, it can cause shoulder pain, weakness, swelling, and loss of movement.   

Symptoms of Car Accident Shoulder Injuries

Symptoms of a shoulder injury can range from minor discomfort to major pain and loss of function. If you’re experiencing shoulder pain after a car accident, watch for the following symptoms and report them to your doctor:

  • Shooting Pain
  • Bruising
  • Tenderness
  • Tingling/numbness
  • Burning sensations
  • Knotting/stiffness
  • Weakness
  • Reduced range of motion

When you seek medical attention for shoulder pain, your doctor may order diagnostic imaging, such as an x-ray, to get a proper look at the bones and soft tissues. Medications can include steroids to reduce pain and inflammation. (Ice can help as well.) Physical therapy and chiropractic treatment can reduce pressure on the shoulder and help it heal.

Experienced car accident attorneys are familiar with shoulder injuries and pain after a car accident. They’ll know how to present the cause of your injured shoulder to the insurance company and give you a better chance at fair compensation for your personal injury claim. 

RELATED: How to Prove You Have Whiplash — and How a Lawyer Can Help

pain in shoulder after crash
pain in shoulder after crash

How to Pursue Compensation for Your Shoulder Injury

Maybe you have one of the most common shoulder injuries. Maybe your diagnosis is something you’ve never even heard of. Either way, if your injuries were caused by someone else’s negligence and they’re negatively affecting your life, you deserve financial compensation. 

If you’re wondering how to begin, start with this list:

  • Gather all important records and documents associated with your case. This includes medical bills, pay stubs (to show lost wages), photos of the accident and injuries, contact information for anyone present at the accident, and medical records of your diagnosis and treatment plan.
  • Go to all your medical appointments and therapy sessions (physical rehab and cognitive therapy) and follow the instructions doctors give you. This shows that you’re doing what you can to heal.
  • Do not speak with the at-fault party’s insurance company before first speaking with an attorney, as the insurance adjuster may try to get you to say something to use against you in the investigation. They might also try to get you to accept a settlement that is less than what you deserve.
  • Avoid talking about your shoulder injury and auto accident on social media. Anything you say could be twisted and used against you. It’s best to discuss the situation only with those who need the information, such as a spouse, doctor, or lawyer.
  • Work with an experienced attorney who can guide you through the complexities of a personal injury claim and increase the chances of you securing fair compensation. 

Once you’re working with an attorney and have the materials you need to build a solid case for your shoulder injury, this is what you can expect during the process of recovering compensation:

  • Your attorney will send a demand letter to the at-fault party’s insurance company, outlining your losses (medical care, lost wages, etc.) and why the at-fault party is responsible for them.
  • The insurance company may send a counteroffer for less than you and your attorney know you deserve. This begins a negotiation process, with the parties involved hopefully reaching an agreement on a settlement amount.
  • If the sides cannot agree, you may try mediation or arbitration (where a neutral third party facilitates settlement discussions) or escalate your claim to a lawsuit.
  • Once the compensation amount is agreed upon, whether in negotiations, mediation, arbitration, or a lawsuit (usually these cases don’t go all the way to court trial), your case will be wrapped up and the insurance company will send a settlement check

It might sound simple, but there are often some bumps and challenges along the way. Your chances of getting fair compensation for your shoulder injury are greatly increased when you work with an experienced car accident attorney.

At The Brown Firm, we go a step further. While treating auto accident victims for more than 10 years as a chiropractor, Harry Brown gained hands-on experience with shoulder injuries that most lawyers don’t have. From a rotator cuff tear to neck pain to how doctors treat shoulder pain, he can provide a medical practitioner’s insight into the injury itself, as well as the processes observed by medical teams and insurance companies.

RELATED: Can I Be Compensated for Neck and Back Pain After Car Accident Injuries?

The Brown Firm Helps People With Car Accident Shoulder Injuries

If you or someone you love is experiencing shoulder pain after a car accident, The Brown Firm is ready to hear your story. We begin every case with a free case evaluation, where we get to know you and your situation better and determine the best path forward.

To schedule you free consultation, call (800) 529-1441 or use the easy contact form on our website. We look forward to hearing from you!

References

Shoulder pain after a car accident: This is everything you should know. (2021, Feb. 23). Swan Medical Boutique Chiro, Injury & Rehab. Retrieved from https://swannmedical.com/chiropractor-after-a-car-accident/

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Ready to Talk to a Lawyer Who Has Your Back?

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Migraines After Car Crash? Here’s What They Mean and What to Do

Headaches are painful and stressful, and they make it difficult to concentrate and go about your day. If you’ve recently been in a car accident, head pain may be a symptom that either began or worsened after the incident.

If you have painful headaches that upset your life after a car accident, it may be time to file a claim for compensation. In this post, we’ll explore dealing with typical and migraine headaches after a motor vehicle accident, factors that could impact your claim and case, and how a personal injury attorney can help.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

What Factors Determine the Value of a Post-Traumatic Headache Car Accident Case?

If you were injured in a motor vehicle collision caused by someone else’s negligence, you may be entitled to financial compensation for your losses, such as medical care and the pain you suffer. While this can certainly include headache pain, claims for headaches after a car accident are often complex and involve many factors.

For example, say you were in an auto accident and the sudden, violent jolt caused your head to bounce in different directions. A few days later you have a constant headache, but the doctors see no sign of traumatic brain injury (TBI). While it may be perfectly clear to you that the car accident was the root cause of your headache symptoms, the insurance company will be harder to convince.

Many factors can influence the value of your case, especially due to the fact headaches are often “invisible” injuries without a detectable skull or brain injury:

  • Your age and baseline health before the car accident
  • The severity of your other injuries
  • The limits of the applicable insurance policies
  • Your medical bills and expected costs
  • How much income you’ve lost due to the injury
  • Whether you contributed to the accident in any way
  • Existing history of headaches before the head injury
  • Your attorney’s ability to show how the headaches negatively impact your life

It’s always in your best interest to work with an experienced personal injury lawyer who’s familiar with car accident-related head trauma. Not only will they know how to present your case, but they can work with experts (like neurologists and accident reconstructionists) to prove that your chronic headaches are related to the car crash.

migraines after car crash
migraines after car crash

Getting Compensation for Car Accident Headaches and Traumatic Brain Injuries

Depending on the specifics of your case, your compensation could range from a few thousand dollars to hundreds of thousands of dollars. Taking certain steps now can increase your chances of getting a settlement that’s fair and truly helpful.

  • Hang on to any records you have of the traumatic event itself. This includes pictures, witness statements, and a written account of what you remember.
  • Gather documentation of your financial losses related to the injuries, such as medical bills, lost wages, and expected treatment costs.
  • Keep track of how the auto accident and head pain impact your life. This could be a daily note about your struggles or a list of things you can no longer do that you used to enjoy.
  • Don’t talk about your injuries and other symptoms on social media. The insurance company could take anything you say and twist it to reduce a settlement offer.
  • Seek medical care as needed and keep all of your doctor appointments. Follow the instructions provided by your medical team to show you’re doing what you can to heal.
  • Work closely with an attorney who knows how to negotiate for a settlement amount that will help you rebuild and move on with your life.

Causes of Post Traumatic Headaches

Car accident post-traumatic headaches often start to occur within the two-week period following the trauma. The good news is that most of these headaches will resolve within six months. However, 10-20% of them never resolve.

Part of securing fair compensation for your headaches and head injuries will be carefully explaining what exactly caused the pain, as well as the specific symptoms you’re experiencing—such as visual disturbances, neck pain, or even brain damage. Headaches are the most common physical manifestation of a traumatic brain injury (TBI).

Here are some of the main causes and symptoms of headaches after a car accident:

Whiplash

Whiplash headaches are common after car accidents. The whipping, back-and-forth motion of the neck can cause muscle strain that radiates through soft tissue into the head. This kind of headache might take days or weeks to get really bad, but often starts at the base of the skull and can cause a stiff neck, memory and concentration issues, and trouble sleeping.

Fracture

Fracture headaches happen when a sudden force is enough to break the skull or neck. Even if these broken bones aren’t serious enough to cause brain injuries, they can still lead to persistent headaches. People with fracture headaches might experience slurred speech, confusion, nausea, or even seizures.

Pinched Nerve

Pinched nerve headaches happen due to compression around the spinal nerves, especially the greater occipital nerve at the base of the skull. A herniated disk, swollen neck muscles, and other complications can pinch nerves at their roots, causing pain, tingling, numbness, and burning up the back of the head.

Concussion

Concussion headaches are just one symptom of this sort of TBI. If the impact of the auto accident causes your brain to hit the inner wall of your skull and become bruised or even bleed, you could experience intense headaches—along with memory loss, light sensitivity, nausea, ear ringing, sound sensitivity, and confusion. If you’re experiencing headaches after the expected recovery period, you may have post-concussion syndrome.

Medication

It’s true that certain medications, such as birth control or heart drugs, can cause headaches, and lawyers representing the at-fault driver may try to use that against your claim. Be aware that overuse of typical pain drugs, such as aspirin and acetaminophen, may cause so-called rebound headaches when used too much.

Migraines

Insurance companies are quick to deny migraine headaches caused by a car accident. Many neurologists also don’t believe that migraines can be related to car accidents. They might claim migraines are genetic disorders that run in the family, particularly if the headache occurs on one side of the head.

The reality of it is that many post-accident headaches have migraine features. It’s essential to know exactly what type of headache you are experiencing, so the defense doesn’t dismiss your case because you think it’s a migraine. Your lawyer can help you navigate this challenge to your case.

Because of his work as a chiropractor, Harry Brown has a unique perspective and understanding of post-traumatic headaches and their settlement values. Count on him to present this serious injury in an effective manner.

RELATED: How to Prove You Have Whiplash — and How a Lawyer Can Help

migraines after car crash
migraines after car crash

The Brown Firm Fights for Headache Sufferers After Car Crashes

If you or someone you love is dealing with constant headaches after a car accident, contact a personal injury attorney who puts their clients first. We start all personal injury cases with a free consultation so we can get to know you and your story before determining the best plan forward.

To schedule your free case evaluation today, call us at (800) 529-1441 or use the simple contact form on our website.

References

Why do I have a headache after my car accident? (2020, Jan. 30). AICA Orthopedics. Retrieved from https://aica.com/why-do-i-have-a-headache-after-my-car-accident/

Why you shouldn’t ignore headaches after a car accident. (n.d.). Pain Care Specialists of Florida. Retrieved from https://painconsults.com/why-you-shouldn-t-ignore-headaches-after-a-car-accident/

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Man with Permanent Disfigurement Wins His Case: Kelly’s Story

Injuries almost always follow a serious car accident. These crashes can result in long-lasting and life-altering injuries, and they don’t have to be physically debilitating to be costly.

Kelly experienced a car accident injury that was not only painful, but also permanently changed his appearance. Because the accident was no fault of his own, we knew Kelly deserved fair compensation for what he endured.

This is Kelly’s story, and also the story of how The Brown Firm helped him get what he deserved after a negligent driver changed his life.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

A Sudden Collision Sets Off Airbags and Causes Serious Injuries

On a December afternoon, Kelly was driving his pickup along with the pace of traffic when a car suddenly pulled out from a side road to his right. Kelly barely had time to see the car, let alone stop before hitting it.

The collision sent both vehicles off in opposite directions, with Kelly landing in the roadside ditch. All of his airbags deployed, and the impact was so severe that he couldn’t give the police a statement at the scene.

At the hospital, Kelly reported significant pain in his chest and sternum, and the doctors discovered that his breastbone was, in fact, fractured. Unfortunately, the best plan for this kind of break is rest and pain management, which meant Kelly would be laid up, possibly for weeks.

Over the next few months, Kelly experienced a great deal of pain simply by being alive. So many things hurt his chest, from a raised heart rate after going up the stairs to deep breaths to rolling over in bed. He couldn’t lift things above his waist or move his arms from side to side without extreme pain. In addition to the chest pain, Kelly had neck and back pain from whiplash.

While all of this was difficult, and warranted compensation from the at-fault driver, the pain itself wasn’t what made Kelly’s case unique.

permanent disfigurement from a car accident
permanent disfigurement from a car accident

Kelly Suffers From Daily Pain and Visible Scar Tissue

Pain is often thought of as an “invisible” injury, something that greatly impacts a person’s life but isn’t always outwardly apparent to anyone else. For Kelly, the pain manifested in a visibly obvious way.  

About 10 days after the car accident itself, Kelly developed a nodule of scar tissue on his chest, right over his sternum. The nodule was more than two inches wide and incredibly tender to the touch. While the nodule wasn’t debilitating, it did change the appearance of Kelly’s body, and by no choice or fault of his own.

Because of the breastbone fracture, treatment options for Kelly’s whiplash and the scar tissue were quite limited. He spoke to a chiropractor, but that provider wasn’t willing to apply any pressure or manipulate joints until the break was fully healed, a process which could take months. Once again, Kelly was told that rest and time were the best treatment options.

But even that rest and time weren’t likely to get rid of the scar tissue nodule on his chest.

RELATED: Winning for an Injured Passenger with Compassion and Persistence: Jaclyn’s Story

The Brown Firm Demands Compensation Due to Permanent Disfigurement

Liability was not in question in this case. Kelly clearly had the right of way and didn’t share any fault for the accident. The challenges came in ensuring Kelly got a fair amount of compensation—not only for the injuries, daily pain, and missed work, but for the change to his body, both in comfort and appearance.

The Brown Firm argued that Kelly had a possible permanent visible disfigurement. While a permanent disfigurement doesn’t necessarily prevent someone from living a full life, it isn’t a way they chose to alter their body. The impacts can be emotional, mental, and physical, and the responsible party should pay for what that takes away.

In the end, we were able to secure the insurance policy limits for Kelly, making it easier for him to rebuild and move on with his life.

Ready to Talk to a Lawyer Who Has Your Back?

When an Accident Changes Your Life, Call The Brown Firm

We hope you never get into a serious accident that upends your life. But if it does happen, The Brown Firm is here to listen to your story and help you find a way forward.

Our approach is compassionate, and our mission is to protect the injured. We begin every case with a free consultation where we can get to know you and your case a bit better. To set yours up today, call us 24/7 at (800) 529-1441 or use the easy contact form on our website.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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How To Prove You Have Whiplash After a Car Accident and How a Lawyer Can Help

Whiplash commonly occurs during car accidents, but it’s not always simple to understand or prove. Personal injury attorneys see many clients with a range of whiplash-related symptoms, yet often encounter insurance companies that don’t want to recognize these injuries (or their severity).

The truth is that whiplash can sometimes be difficult to prove because it is not one specific neck injury. A doctor might see 50 people with cases of whiplash, all of whom experience it differently. Insurance companies use this variation to push back against whiplash injury claims and try to pay out a lower settlement amount.

In this post, we’ll dig into what whiplash is and why it can be so tough to prove. We’ll also explore ways to show that you really did experience whiplash during your auto accident, and how a personal injury lawyer can help you secure the compensation you deserve.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

What Is Whiplash and Why Is it So Difficult to Prove?

You’ve probably heard whiplash referred to as an injury diagnosis someone has, but that’s not exactly accurate. Whiplash is something that happens during an incident, such as a car accident or sports injury, and can cause a range of injuries and symptoms.

Simply defined, whiplash is a forceful, rapid, back-and-forth motion of the neck—like the movement of a cracked whip. It affects the soft tissues, meaning the muscles and tendons, and does not usually cause bone fractures.

That whipping motion puts tiny tears in the muscles and tendons in the neck, creating weaknesses in the surrounding structures. Ultimately, whiplash causes strains and sprains in the neck, though it can also injure the shoulders, arms, and back.

Whiplash is one of the most common injuries reported after car crashes. It is especially common after rear-end auto accidents, but it’s possible with other kinds of accidents, too.

Symptoms of Whiplash Injury

Whiplash related injuries typically heal within a few weeks, but sometimes symptoms drag on for months or even turn into years of chronic pain. Typical whiplash symptoms include:

  • Neck pain and stiffness
  • Reduced range of motion in the neck
  • Worsening pain with movement
  • Muscle spasms
  • Headaches, often at the base of the skull
  • Numbness and/or tingling in the arm
  • Soreness/tenderness in the shoulders, arms, and back
  • Dizziness
  • Fatigue

In extreme cases, whiplash can lead to a concussion or other traumatic brain injury (TBI) from the brain being jostled inside the skull. Watch for symptoms like:

  • Blurry vision
  • Ear ringing (tinnitus)
  • Irritability
  • Memory and concentration problems
  • Sleep issues
  • Depression

No matter your symptoms (or lack thereof), you should seek medical treatment right away after a vehicle crash. Medical professionals will look for signs of whiplash and record that you got help as soon as you could.

Why Are Whiplash Claims Difficult to Prove?

As such a common occurrence, whiplash should be readily accepted, right? Unfortunately, you can’t assume the insurance company will agree with your whiplash injury claim. Many people experience quite the opposite.

Insurance companies know whiplash is common, and that injured people are likely to claim it after a car accident. This makes insurers more alert to the potential for fraud, and sometimes makes it more difficult to convince then of your injuries. In the meantime, your whiplash pain is getting worse and impacting your life.

Whiplash can be difficult to prove for other reasons. As a soft tissue injury, it doesn’t generally show up on an X-ray or MRI. This kind of imaging should be done to check for bone fractures, and the insurance company might latch on to the lack of visible injury.

Further, a whiplash injury can worsen over time. Because swelling and inflammation take time to develop, you might not report significant symptoms until up to two weeks after the accident. To the insurance company, that’s more than enough time to question whether the pain is truly related to the crash, or has a different cause—such as a previous injury or underlying condition.

RELATED: How Do I Know if I Suffered Whiplash in an Auto Accident?

whiplash medical assessment
whiplash medical assessment

How to Prove Whiplash Injuries to the Insurance Company

To be properly compensated, you must prove that the other party was responsible for causing your whiplash. This can complicate your insurance claim if more than one vehicle was involved in the accident.

Every case is different, and we certainly can’t guarantee that anyone will successfully convince an insurance company of their accident-related whiplash. Still, you can take certain actions to increase your chances for fair compensation for your injuries.

The following factors may help you prove that a specific incident caused your whiplash and related injuries:

  • How quickly you sought medical attention: As we mentioned, you should always get checked out by a medic or doctor as soon as possible after the accident. The record of this will support your claim of whiplash during the accident and concerns about the injuries it could cause.
  • Observing the doctors’ orders: Be sure you follow the instructions of your medical professionals. This shows that you take your injuries seriously and are doing everything you can to keep them from getting worse.
  • Vehicle damage: Sometimes the location and level of damage to vehicles involved in the crash can indicate what happened and support your claim. For example, if the damage is squarely in the middle of your rear bumper, it’s reasonable that you would have experienced whiplash from a rear-end collision.
  • Your medical records and treatment plans: Especially if these records begin immediately after the accident, they’ll provide details about your injuries and how they’re affecting your life. While your doctor’s records are very helpful, keeping your own daily record of your pain and suffering is also helpful.

As with most personal injury claims, these factors can be twisted, misinterpreted, and used against you in your case. It’s in your best interest to work with an experienced personal injury attorney, who can connect with medical experts and accident reconstructionists that know how to investigate on your behalf.

how to prove you have whiplash
whiplash medical assessment

Personal Injury Attorneys Bring Whiplash Case Experience

Getting fair compensation for whiplash after a car accident injury is rarely as simple as reporting your injuries and getting a check in the mail. Because of the insurance company’s concerns about fraud, the variation of whiplash injuries, and the lack of reliable X-ray/MRI imaging, fighting your case yourself is going to be incredibly difficult.

You deserve the experience and representation of a personal injury lawyer. Not only have they dealt with whiplash injury cases before, but they know how to fight back against specific arguments, like when the insurance company says your neck strain is due to a previous injury, degenerative issue, or other underlying condition.

At The Brown Firm, we’re led by an attorney who’s also a chiropractor. For years, Harry Brown treated his patients’ whiplash injuries after car accidents, and he has an understanding that most personal injury attorneys don’t. You can count on him and the rest of our legal team to take your claim seriously and represent you with compassion.

From interpreting a whiplash medical assessment to negotiating medical bills with the at-fault party’s insurance company, an experienced personal injury attorney is there to guide you through your whiplash injury claim, from start to finish.

RELATED: Whiplash in Car Accidents (Infographic)

Ready to Talk to a Lawyer Who Has Your Back?

The Brown Firm Understands Whiplash and Is Ready for Your Call

If you or a loved one have experienced whiplash and are hoping for financial compensation after a car accident, it’s time to call The Brown Firm. We begin every case with a free case evaluation, during which we’ll get to know you and your story and determine the best path forward.

Schedule your free consultation with our law firm today when you call (800) 529-1441 or complete our easy contact form. We look forward to speaking with you!

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Does Workers Comp Cover Car Accidents, or do I Need a Third-Party Claim?

Most people associate workers’ compensation with someone being injured by machinery or a fall while on the job.

But what about an employee injured in a car accident? With an ever-increasing amount of delivery services, thanks to online shopping and restaurant delivery, more people on the road are also on the clock. It is important to understand your legal rights if you’re injured in an auto accident while on the job.

You’re likely familiar with the concept of workers’ compensation (workers’ comp) for those injured at work, but is this the only option? In certain circumstances, you may be able to pursue other sources for full compensation.

In this post we’ll review the basics of workers’ comp claims and third-party claims after a work-related car accident. We’ll also explain how an experienced personal injury attorney can help with the entire process, allowing you to focus on healing.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

What Is Workers’ Compensation?

Workers’ compensation is an insurance policy carried by employers. In general, if an employee has a work-related accident (slip and fall, hurt by machinery, car accident, etc.),

Unlike other personal injury claims, the process of getting workers’ compensation insurance money doesn’t require proof of an employer’s (or anyone else’s) negligence. Even if the employee is technically at fault for the incident, workers’ comp will still provide compensation.

Be aware that workers’ compensation will only pay for your economic costs, such as medical bills and lost income. You cannot recover money for non-economic costs, such as pain and suffering or mental anguish.  

does workers comp cover car accidents
does workers comp cover car accidents

Workers’ Comp for Employees Who Drive

Under the statute in Georgia, as in most states, you only need to show the following to secure workers’ compensation after a car accident:

  • You were injured in the motor vehicle accident.
  • You were “on the job” and acting within the scope of your employment.

When an employee is driving a company truck, car, or other motorized vehicle, they are often acting within the scope of their employment. Typical reasons for driving on the job include:

  • Making a delivery
  • Running a work-related errand
  • Driving another employee for work-related purposes
  • Traveling to trainings or other required, work-related events
  • Providing transportation for customers, such as city bus drivers
  • Driving to off-site jobs
  • Using the company vehicle while pursuing other job duties

For example, if you are paid to drive a delivery truck to get items to customers, and are in an accident while doing so, workers’ compensation is probably going to cover your medical bills and lost income, whether you were at fault for the accident or not.  

Respondeat Superior: If the Employee Is at Fault in a Car Accident

The relationship between employers and employees who drive company vehicles and/or as part of their job falls under the legal doctrine of respondeat superior.

Respondeat superior dictates that employers are legally responsible for the actions of their employees while those employees are “acting within the scope of their employment.” This includes paying for injuries and property damage caused by an employee driving a company vehicle for work-related reasons.

Because workers’ compensation is a no-fault policy, it doesn’t matter if the employee caused the accident or not — the employer is responsible for injuries sustained by anyone hurt by the employee’s actions (including the employee themselves).

Workers’ compensation will pay for the employee’s damages, while the employer’s liability insurance will usually take care of the costs of drivers of other vehicles, non-employee passengers, bystanders, and anyone else hurt in the incident.

When an accident occurs on an employees’ own time, including travel to and from work or during a lunch break, is not usually considered work-related.

An employee who causes and/or is injured in a car accident may lose their right to any compensation or protections if they were under the influence of drugs or alcohol, or involved in criminal activity, at the time of the crash.

Can Uber and Lyft Drivers Get Workers’ Compensation Benefits?

Companies like Uber and Lyft pay drivers to provide transportation services, but on their own schedules and with the ability to pick and choose passengers through the app.

People who drive for companies like Uber and Lyft are considered independent contractors, rather than employees. This means the companies don’t have to provide workers’ compensation to injured workers when a car accident happens.

However, in 2018, Uber began offering drivers an insurance program that functions a bit like workers’ compensation. If drivers are in an accident while logged into the app, they can receive coverage for medical expenses and lost income.   

A workers’ compensation attorney may be able to help rideshare contractors get financial help after a car accident on the job. 

RELATED: Frequently Asked Workers’ Compensation Questions

Third Party Civil Claims vs. Workers’ Compensation Claims

If you were injured due to a third party’s negligence while driving for your job, you may bring a civil claim against the driver or their insurance company. This is a completely separate option from a workers’ compensation claim.  

A civil claim is brought if you sustained injuries because of the fault or negligence of the other driver. The driver responsible for your injuries is known as a “third party,” and bringing a claim against that driver is known as a “third party claim.”

As mentioned earlier, the big differences between a workers’ compensation claim and a personal injury civil claim are:

  • The types of damages that can be recovered
  • Whether who’s at fault must be proven

Types of Damages

In a workers’ compensation claim, you ordinarily receive payments only for your medical bills and lost wages. You will not receive payments for any physical or mental pain and suffering that you endured from your injuries. These can only be recovered in a personal injury civil claim and are known as “general damages.”

Who’s at Fault

When you bring a third-party claim against a third-party driver, you must prove the other driver caused the car accident. This can be tricky, but is much easier if you work with an experienced personal injury attorney.

Another disparity: workers’ compensation benefits do not cover property damage. This means your employer is not responsible for paying any repairs to your car—even if you were running an errand at your employer’s request. If you seek payment for vehicle damage, this can only be recovered through a civil claim.

Statute of Limitations

The two claims also vary significantly in the time periods within which you may file your claim. In a personal injury civil claim, you may have up to one, two, or even five years to file your civil lawsuit (varies by states). In a workers’ compensation claim, the standards of time are often much shorter.

Frequently, when you are injured on the job, you must notify your employer within a matter of days, or sometimes as soon as 24 hours. If you fail to meet that requirement, the employer may have a defense to your claim.

does workers comp cover car accidents
does workers comp cover car accidents

Ready to Talk to a Lawyer Who Has Your Back?

Can I Bring Both a Workers’ Compensation Claim and a Civil Suit or Personal Injury Claim?

Even though dealing with both kinds of claims can be very confusing, you don’t typically have to choose between filing a workers’ compensation claim and filing a civil claim. Even if you collect workers’ compensation benefits, you still have the right to seek damages from the other driver who caused the accident.

However, a “lien” can come into play if you receive workers’ compensation benefits from your employer. Meaning, if you reach a settlement agreement in your third-party civil claim, your employer can require reimbursement for the amount of workers’ compensation benefits they paid you. A lien is the equivalent of a right to reimbursement.

Working with a personal injury attorney can greatly increase your chances of getting as much compensation as possible from either kind of case.

RELATED: Can I Sue Outside of Workers’ Comp for a Workplace Injury?

auto accident while on the job
auto accident while on the job

The Brown Firm Helps With Workers’ Comp and Third-Party Civil Cases

If you need assistance filing a workers’ compensation claim or a personal injury civil suit, The Brown Firm has the experience and knowledge you need to bring a successful lawsuit. Get a free complimentary consultation with Georgia’s premier personal injury attorneys, who fully protect your rights as an injury victim.

Our Georgia and South Carolina personal injury lawyers specialize in personal injury, work-related injuries, auto accidents, wrongful death, and more. Call us at (800) 529-1441 or complete the easy contact form on our website to set up your free consultation. We can’t change your injuries, but we can help make you whole again.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Can I Be Compensated for Neck and Back Pain After Car Accident Injuries?

Neck and back pain are common among people injured in car accidents. This kind of pain can range from minor to debilitating and get better or worse over time.

Whatever the case may be, you don’t have to simply accept neck and back pain, especially if your injuries happened because of someone else’s carelessness. You may be entitled to financial compensation.

This article will discuss typical back and neck pain after a car accident and assist you in deciding your next steps. We’ll also offer tips for tilting the odds of a fair settlement in your favor and explain how a personal injury attorney can help.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Common Types of Neck, Shoulder, and Back Pain After a Car Accident

The most common cause of neck, back, and shoulder pain after an auto accident is whiplash. While you might hear whiplash used to describe a neck injury, it’s technically the cause of spinal injuries in a car crash, describing a back-and-forth whipping motion in the spine. This is especially common in rear-end collisions.

“Whiplash” isn’t a medical term. Technically, the event we think of as whiplash is called cervical acceleration-deceleration (CAD). Whiplash associated disorders (WAD) refers to the symptoms and conditions that result from CAD.

All too often, these whiplash injuries turn into chronic pain issues, so it’s vital that you be examined by a doctor as soon as possible after the car accident for an accurate diagnosis. This is important not only for your health and to relieve pain, but for securing the fair compensation you deserve.

Spinal pain and injury are typically designated by the section of the spine they affect. The human spine is divided into five major sections:

  • Cervical spine: Seven vertebrae between your skull and shoulders
  • Thoracic spine: 12 vertebrae running from your shoulders to the bottom of your ribs
  • Lumbar spine: Five vertebrae running down your lower back
  • Sacrum: Five fused vertebrae at the back of your pelvis
  • Coccyx: Four fused vertebrae beneath your pelvis, often called the tailbone.

When any of these sections (including the bones, ligaments, tissues, facet joints, and nerves within and around them) experience a whipping motion from the impact of an accident, the following common injuries can happen:

  • Bone fractures
  • Sprains and other soft tissue injuries
  • Spinal stenosis (narrowing of the spinal canal housing the spinal cord)
  • Slipped/herniated disk

Understand that some injuries cause immediate, obvious symptoms while others worsen with time due to swelling, bruising, and inflammation. It is very important that you report all symptoms, even if they don’t show up for days or even weeks.

Your whiplash injury symptoms might include:

  • Pain or pinching sensation
  • Headache
  • Tingling, burning, or numbness in arms/legs and fingers/toes
  • Stiffness or limited range of motion
  • Weakness
  • Sore shoulders and hips
  • Trouble breathing
  • Belly pain, swelling, bruising
  • Twisted, awkward positions
  • Paralysis
  • Decreased vision or hearing
  • Loss of bladder/bowel control
  • Anxiety, stress, and panic

Depending on the severity and location of your injury, its primary effect could be discomfort and upper back or lower back pain. Left untreated, certain injuries can become as serious as progressive and degenerative disease.

How Do I Deal with Delayed Back and Neck Pain?

As mentioned, certain injuries take time to cause problems. This is because things like swelling, bruising, and inflammation aren’t immediate, and can be aggravated by activity in the meantime.

Keep a daily journal of your pain, and if you notice any new symptoms, from muscle spasms to intense back pain, seek medical treatment right away.

If you’re working with a good attorney, they’ll want to know about delayed pain as well. Just because it didn’t occur immediately after the accident doesn’t mean it won’t help your insurance claim.

Again, it’s in your best interest to get medical attention as soon as possible after a car wreck, even if you think your neck and back injuries might be minor. When those injuries impact your quality of life, it’s equally important to speak with an experienced attorney.

RELATED: How Do I Know if I Suffered Whiplash in an Auto Accident?

neck shoulder and back pain after car accident
neck shoulder and back pain after car accident

What Can I Be Compensated for if I Have Back and Neck Injuries After a Car Accident?

Neck and back pain after a car accident are about so much more than the injuries themselves. The symptoms can lead to medical expenses, missed work, and a decrease in your quality of life. If you have a personal injury case, you can be compensated for all of these.

The money you get from a personal injury case covers two general compensatory areas: economic and non-economic losses (damages). Economic damages are relatively easy to calculate, while non-economic damages tend to be more subjective.

Economic Damages

Economic damages (also called special damages) are easily quantified financial losses including medical expenses, lost income, and other necessary costs associated with the injury.

Hang on to medical bills and receipts, as well as documents that help predict future related expenses (long-term physical therapy and pain management, for example) to support your demand for compensation.

Non-Economic Damages

Non-economic damages (also called general damages) are harder to define as they don’t directly cost you money, though they certainly impact your quality of life. This money compensates injured people for pain and suffering, trauma, and emotional distress.

Keep notes on your physical and emotional state, as well as documentation from your doctors and therapists, to support your demand for compensation.

Things You Can Do to Encourage Fair Compensation

To increase the chances of full and fair compensation, keep the following in mind as your case moves forward:

  • Go to all of your medical appointments and follow your doctors’ orders.
  • Record your experiences with physical pain and mental/emotional upset daily.
  • Clearly state in writing how the car accident and your injuries have negatively impacted your life.
  • Avoid discussing the case on social media, as anything you say can be used against you.

RELATED: What’s the Difference Between a Personal Injury Settlement and Verdict?

neck shoulder and back pain after car accident
neck shoulder and back pain after car accident

The Brown Firm is Uniquely Positioned to Help if You Have Neck and Back Pain After a Car Accident

Our managing member, Harry Brown, practiced as a chiropractor before becoming a lawyer. This specific medical background gives him insight into neck and back injuries that most personal injury lawyers don’t have.

When you work with our law firm, you’ll notice a difference. Not only do we truly understand your injuries, but we approach every case with compassion, walking with you through the big things and the small details.

We always begin with a free consultation. To set yours up, call (800) 529-1441 or fill in the simple form on our contact page.

References

Back and neck injuries after car accident (n.d.). Sterling Medical Group. Retrieved from URL http://sterlingmedgroup.com/back-neck-injuries-car-accident/

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Ready to Talk to a Lawyer Who Has Your Back?

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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What to Do When It’s Word Against Word in a Car Accident?

The first question after a car accident is usually “Who was at fault?” Witnesses are often a major part of determining fault, especially if they weren’t at all involved and don’t know those who were.

But what happens when there aren’t any witnesses? As far as the law is concerned, one driver’s word isn’t any better than the other’s, so how do officers, attorneys, and insurance companies get the answers they need while investigating the car accident claim?

In this post, we’ll share some ways that fault, or a lack thereof, is determined after a car accident with no witnesses. We’ll also highlight how an experienced personal injury attorney can help the entire process go more smoothly.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

How Does Fault Work in a Car Accident Case?

After a car accident, the involved parties may be held fully at fault, partially at fault, or not at fault. Anyone who bears fault can be responsible (liable) for the costs in some manner.

Let’s break that down a bit for clarity.

Is Georgia an At-Fault or No-Fault State?

In most personal injury cases, compensation comes from insurance companies, not the pockets of individuals. Fault status dictates how those insurance policies work, and whether injured people file claims with their own insurance carrier or the other drivers’.

Georgia is an at-fault state, as is South Carolina. This means that a person who causes a car accident—usually the at-fault driver—is liable for the costs of the people they injured when the accident happened. The injured parties have the right to sue them for this compensation (which, again, comes from the insurance company a vast majority of the time).

At-fault drivers may also face criminal charges, but that would be a separate case and not handled by your personal injury lawyer.

In a no-fault state, all drivers are required to carry a minimum amount of no-fault insurance that will cover their injuries if they’re involved in an accident. It will depend on whether the at-fault driver has additional liability insurance that the injured party may be able to recover. 

What Does Negligence Mean in a Personal Injury Case?

Your personal injury claim will hinge on proving the at-fault party’s (defendant’s) negligence—or in other words, their failure to take reasonable care to prevent another person’s injury or loss.

The following components must be shown to both prove negligence and receive compensation personal injury case:

  • The defendant had a duty of care to you: Circumstances dictate duty of care. Drivers certainly have a duty of care to other people on the roadways.
  • The defendant breached their duty of care: Being careless quickly leads to neglecting a duty of care.
  • That breach caused the accident and injury: Drivers are careless all the time, but it doesn’t always lead to accidents. Further, accidents can happen with no one being negligent. If records show that a driver was distracted at the time of the accident, it’s safe to say their breach caused the accident and injuries.
  • Your injuries resulted in loss: Your injuries/damages will dictate the size of the claim you may have against the at-fault driver. Other damages can also add to your claim. This generally means medical bills and other costs.

What Is Comparative Fault?

Comparative fault, also called comparative negligence, is a legal principle that allows more than one party to be held to some percentage of the fault in a car accident. It then uses those percentages to determine how much compensation injured parties can receive.

For example, say you’re in an accident that another driver caused by turning left as you went through an intersection when you had the right of way. Clearly, that driver bears the majority of fault for the car accident (and the broken bones you have because of it).

However, you were also driving 10 miles over the speed limit, contributing to the other driver’s poor judgement. It’s determined that you are 20% at fault for the car accident.

Remember when we said that anyone bearing fault can be liable for the costs somehow? Your 20% share of the fault means you are only eligible for 80% of the compensation you’d get if you were 0% at fault, even though the other driver was the main cause of the accident that injured you.

So, if full compensation for your injuries is $100,000, you can only get $80,000.

Georgia and South Carolina both observe modified comparative negligence. This means there is a limit to how much fault you can bear and still be eligible for compensation:

  • Georgia modified comparative negligence: If you are 50% or more at fault, you are not eligible for compensation.
  • South Carolina modified comparative negligence: If you are more than 50% at fault, you are not eligible for compensation.

In a state with pure comparative negligence, you would still be eligible for compensation even if you were 99% at fault for a car accident. (Though in this case, you’d only be able to receive 1% of your full claimed damages.)

RELATED: Prove I’m Not at Fault in a Car Accident

word against word in car accident
word against word in car accident

Ready to Talk to a Lawyer Who Has Your Back?

word against word in car accident
word against word in car accident

What Can We Use to Prove Fault if There Are No Eyewitnesses?

Again, witnesses and their contact information are always helpful when it comes to unbiased information on what happened. If your car accident had no witnesses, however, there are other pieces the insurance company will look at, and that your lawyer can used to prove another driver’s liability.

Police Report

You should always call the police from the scene of a car accident. When they arrive, they’ll do their best to understand what happened based on what they see and hear. If you believe another driver broke a traffic law to cause the accident, be sure to mention that to the police officer.

Insurance companies and attorneys may use police reports to help with the investigation and decisions. Yet, a police report is not generally allowed as evidence in a court case (exceptions may be made in certain situations).

Photos and Video

If possible, take photos of your injuries and property damage at the scene of the accident. While it’s unlikely that you’ll have video of the event (unless you have a dash cam), find out if a traffic or security camera might have caught it.

Ensure that your photos accurately represent reality so they will be allowed as evidence. Don’t use visual tactics to make things look bigger or smaller or alter the scene in any way.

Damage to Vehicles and Surrounding Area

Take pictures of the entire scene of the car accident, and close shots of damage to surrounding vehicles, trees, poles, etc. Look for skid marks and any other representations of where the cars were and how they behaved.

Many lawyers work with accident reconstructionists to “recreate” the accident based on what they know about the vehicles, the direction and speed of travel, and other factors.

RELATED: Should I Take the First Settlement Offer in My Personal Injury Case?

car accident not my fault no witnesses
car accident not my fault no witnesses

Personal Injury Attorneys Can Help When It’s Word Against Word in Car Accident Cases

Taking on a personal injury case on your own is always risky. In a car accident case without witnesses, where proving fault is complicated, you need someone who’s experienced with the law and knows how to build a solid case.

Typically, the insurance company of the at-fault party will investigate the accident to determine who is at fault and how much. Of course, the other driver’s insurance company is looking to wrap up the claim as quickly and inexpensively as possible, leaving room for bias to creep in and offer a lower settlement than you deserve.

A car accident lawyer will often have connections with experts, like accident reconstructionists and medical experts, who can help determine what happened and who was at fault. They’re also adept at negotiating when the insurance company tries to offer a lowball settlement amount.

Contact The Brown Firm After a Car Accident

If you or someone you love are concerned about proving fault after a car accident, reach out to a law firm with decades of experience and a compassionate approach. Our team is experienced with cases where proving fault might be a challenge, and we’re ready to hear your story.

We begin every attorney-client relationship with a free consultation, where we get to know more about your case and determine the best path forward. We’ve got offices in Savannah, Atlanta, Athens, and Okatie. Call (800) 529-1441 or use the easy contact form on our site to set yours up today!

References

Georgia contributory negligence laws. (n.d.). Enjuris. Retrieved from https://www.enjuris.com/blog/ga/georgia-contributory-negligence/

Goguen, D. (n.d.). Police reports as evidence in your car accident injury case. Retrieved from https://www.alllaw.com/articles/nolo/auto-accident/police-reports-evidence-personal-injury-case.html

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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The Brown Firm Wins Multiple Claims After Client’s Double Accident

Drivers know there’s a risk of accident any time they get behind the wheel. Still, most of us don’t expect to be hit twice in one day, let alone by someone who’s trying to help.

This is exactly what happened to Keely when she was in a car accident on the interstate. Keep reading to hear her story, the challenges of her case, and how The Brown Firm helped her get the compensation she deserved.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Keely Is Left Alone After a Rush Hour Accident

It was afternoon rush hour on a January Friday, and Keely was driving her car up I-285. The traffic ahead stopped, and she slowed to wait with the other cars.

Suddenly, the vehicle directly behind her plowed into Keely’s bumper and jerked her car forward. The other driver had been following too closely and didn’t slow to stop with the rest of traffic.

Keely and the at-fault driver pulled over to the side of the road to exchange information. After providing some basic details, the other driver fled the scene. Police did track him down to discover he was driving with a suspended license, but none of that fixed the injuries Keely was already feeling.

Multiple Claims After a Double Accident
Multiple Claims After a Double Accident

One Accident Turns into Two

After the at-fault driver left, Keely sat in her wrecked car on the side of the interstate to wait for the police. Unexpectedly, a tow truck pulled off the road and in front of her; the driver seemed to want to help Keely get safely off the interstate.

Unfortunately, the driver misjudged the distance between his truck and Keely’s car and rammed right into her front bumper while backing up to help. For Keely, the situation quickly went from bad to worse as her property damage, and possibly her injuries, doubled in severity.

Costly Injuries and a Loss of Independence

The morning after the accident, Keely awoke with worsening pain in her neck and back and wound up in the emergency room. Over the next month she spoke with various doctors at multiple facilities due to ongoing pain in her back, shoulder, arms, and legs.

Every day, Keely dealt with horrible headaches and sharp, burning pain in her body that didn’t let her live normally. Her range of motion was decreased, and the numbness and tingling in her arm caused her to drop objects regularly.

Not only was Keely faced with significant discomfort, but she felt a true loss of independence. She was told that injections, surgery, and therapy were all in her future, meaning further restrictions and, of course, financial costs. It was time to turn to The Brown Firm for help.

The Brown Firm Secures Keely’s Compensation from Three Insurance Companies

Liability for this accident was clear. Keely got hit twice when she wasn’t even moving, and both other drivers hit her while being negligent or careless. As her legal team, we didn’t anticipate much pushback from the at-fault drivers.

The larger problem was insurance policies. The driver who rear-ended Keely only had a $25,000 policy, which covered far less than the existing medical bills (remember, Keely is expected to need significant medical treatment in the future).

However, we weren’t only dealing with one at-fault driver. Because the two collisions happened in such a small window of time, the doctors couldn’t tell which injuries came from which impact. This meant we could look to an entirely separate insurance policy for Keely’s compensation.

First, to supplement the $25,000 policy, we filed a claim with Keely’s own insurance company. Fortunately, she held an underinsured motorist (UIM) policy, which is meant to support an injured person when the at-fault driver has too little coverage for the damages. Ultimately, we secured another $25,000 from that policy.

Next, we went to the insurance company of the well-meaning tow truck driver and his employer. There was no question that being hit a second time worsened any injuries Keely endured from the first impact. Companies tend to have large insurance policies, especially when they are responsible for large vehicles on the roadways. Happily, we secured over $100,000 from the towing company’s insurance.

None of this money magically healed Keely’s physical injuries, but it will certainly give her peace of mind and security as she rebuilds her comfort and strength.

RELATED: How Much Is a Fair Herniated Disk Settlement in Georgia?

Ready to Talk to a Lawyer Who Has Your Back?

The Brown Firm is Ready to Fight for You After a Car Accident

If you or a loved one have been injured in a car accident, slip and fall, or other incident caused by someone else’s carelessness, you’re in the right place. The team at The Brown Firm is experienced with a range of personal injury case types and is ready to hear your story.

We begin every case with a free consultation, where we get to know you and the details of your claim. Schedule yours today when you call (800) 529-1441 or use the simple contact form on our website. We look forward to hearing from you!

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Turning a Case Around After an Inaccurate Police Report

We’ve all seen cars that speed down the road and weave in and out of traffic. Most of the time, you can stay out of their way and hope for the best for other drivers.

The last thing Shirley expected while driving down the Truman Parkway was to be in the path of such a vehicle. She also didn’t expect to be faulted for the resulting car accident on top of her mangled car and significant injuries.

Keep reading to hear Shirley’s story and how we were able to help her turn things around.  

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

A Reckless Driver Compromises Shirley’s Position in More Ways Than One

Shirley has been driving for decades; she knows how to properly change lanes in quickly moving traffic. On the day of the accident, she was in the right lane of the parkway and prepared to merge into the left lane.

Like any responsible driver, she turned on her blinker and safely moved into the left lane with the pace of traffic.

Suddenly, she was struck from behind by another car and sent over the median and down the embankment in an uncontrolled rollover. Shirley was wearing her seatbelt, so found herself hanging upside-down when her now unrecognizable car finally stopped rolling.      

When the police arrived, the at-fault driver told them Shirley hadn’t used her signal. Thanks to that, Shirley was cited for an improper lane change, which she knew was not the case.

Of course, at that time, Shirley’s main concern was getting to the hospital to take care of her injuries. But after that, she was ready to turn her situation around.

inaccurate police report
inaccurate police report

The Brown Firm Digs Deeper When Other Lawyers Won’t

Shirley took her case to a local attorney, who quickly turned her away because she’d essentially been faulted for the accident. She tried again with another lawyer and got the same result. It seemed like no one would represent her because of the police report.

Fortunately, she approached The Brown Firm. We knew it was absurd that such a reckless driver wasn’t at fault for rear-ending our client. While we understand that police officers aren’t always trained to investigate car accidents, we felt a deeper investigation was necessary.

We took a good look at the property damage to Shirley’s car and spoke with a witness to get a better picture of what really happened.   

As it turned out, Shirley was hit squarely in the back of her car (not in the rear left side, as would be expected if she was hit as she merged into the left lane). This meant that she was already fully in the same lane as the car that hit her, not changing lanes as the police report said.

Further, with the speed that the other driver was travelling, he wouldn’t have had time to see whether Shirley’s blinker was even on.   

This was pivotal and turned things around, as Shirley had hoped.

RELATED: Prove I’m Not at Fault in a Car Accident

Shirley Takes Home the Compensation She Deserves

Without a doubt, Shirley had been rear ended by a reckless driver, and wasn’t at all responsible for the accident or her injuries.

In the end, the other driver accepted liability and Shirley was no longer at fault for the accident. She got to take home more than half of her settlement amount after paying medical bills, legal costs, and other fees.

Everyone is so glad Shirley came to The Brown Firm, and that we persisted even when other law firms didn’t see a path forward.

inaccurate police report
inaccurate police report

Contact The Brown Firm When You Need Representation

If you or someone you love are fighting an inaccurate police report after a car accident, work with a law firm that’s willing to dig a little deeper to get to the truth.

We begin every case with a free consultation to get to know you and your case better as we determine a path forward. To schedule yours today, call (800) 529-1441 or complete the simple contact form on our website. We’ll be honored to speak with you!

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Ready to Talk to a Lawyer Who Has Your Back?

Our Recent Personal Injury Articles

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Do Insurance Companies Hire Private Investigators?

The idea of a having a private investigator assigned to your case might be unsettling, especially when it has to do with a car accident, slip and fall, or other incident that wasn’t your fault.

While it’s true that insurance companies sometimes hire private investigators to gather information on people filing personal injury claims, it doesn’t mean they’re going to invade your privacy or hurt your case.

In this article, we’ll outline how insurance companies use private investigators in personal injury cases. We’ll also set your mind at ease by discussing how experienced attorneys help present your case in the best possible light.  

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Understanding Surveillance After a Personal Injury Claim

It’s understandable if your initial reaction is to be concerned or even afraid when you learn the at-fault party’s insurance company hired a private investigator to follow you after an accident. In fact, people often assume such surveillance is unethical and illegal.

Using a private investigator is not illegal if the investigator follows certain guidelines (which we’ll specify in a bit). Insurance companies want to protect their bottom line, and monitoring for fraudulent claims is a normal part of what they do. Surveillance also weeds some fraudulent cases out of the already overwhelmed court system.   

This kind of investigation is more in-depth than simply using video footage (such as from a store or traffic camera) to see what actually happened during an accident. The private investigator’s job is to dig deeper into an injured person’s background and activities, and to do so on an ongoing basis.

Generally, this expensive level of investigation is used in cases where the injury claims are significant and the defense and/or insurance company have reason to suspect exaggeration or outright fraud.    

Appropriate surveillance by a private investigator doesn’t involve anything you can’t do yourself, but rather focuses on learning as much about you as possible from publicly available information.

For example, an insurance company’s investigator might:

  • Look at your social media profiles
  • Follow you at a distance in public areas
  • Examine your public records
  • Photograph you in public areas
  • Monitor your professional profiles or business activities
  • Talk to your neighbors, customers, co-workers, or other people you know
  • Search for a criminal record

Again, while this can be uncomfortable, it’s completely legal and something insurance companies and insurance agents who work with insurance companies do all the time. In recent years, smart phones and social media have made it far easier to take pictures, discover who you know, and monitor what you’re up to, and the insurance companies take full advantage of that easy access.    

What Are Private Investigators Looking For?

The private investigator’s main job is to see if your actions support what you say in your personal injury claim. They look very closely for any sign that you’re exaggerating or even making up how your injury affects your life to damage your credibility.   

For example, say your workers’ compensation claim is for a neck and back injury that’s made it very difficult to lift boxes at your job or children in your home. A private investigator might watch Facebook for pictures of you holding your toddler, or visit the store where you work, to see if you’re lifting things normally.

An honest investigator might not find a single thing to contradict your claim. Of course, this is ideal for you, and it can backfire on the at-fault party’s defense team. If the surveillance ends up supporting your claim yet is still somehow used in the case, it can weaken the defense and help your case.  

What Is Off-Limits to Private Investigators?

As mentioned, private investigators must follow the law. This is not a criminal investigation, and your privacy must be respected.

Let us put your mind at ease: A private investigator isn’t going to come into your home or invade your private life. The things they may not do include:

  • Wiretapping your phone
  • Taking pictures/video through private property windows
  • Trespassing
  • Impersonating police
  • Obtaining protected information without consent
  • Pretending to be someone they are not to get close to you

Professional investigators do not try to make you feel scared or nervous. In fact, if they’re doing their job well, you might not even know they’re there because they’ll stay at a distance and do not interfere with your life.   

How Do I Know I’m Being Watched by a Private Investigator?

Like we said, private investigators prefer to go undetected, and so they hide in plain sight and blend in with the crowd. However, a few subtleties might alert you to their surveillance.

Remember: You’re more likely to be investigated if your injuries are serious or rare, your claim is significant, and/or you’re asking for a lot of money. Insurance companies won’t put the cost and time into a personal investigator over a sprained wrist and a few thousand dollars.   

Here are a few things to look for if you think you’re being followed by a private investigator:

  • A car that seems to suddenly appear in your neighborhood, at the grocery store, near the gas station, etc.
  • Increased interest and/or questions from neighbors, co-workers, etc.
  • Repeatedly seeing the same stranger, who never interacts with you, in places you frequent

We can’t stress enough that, if it is in fact a private investigator, this is not something to fuel paranoia or fear. Simply ignore their presence and live life as you normally do.

do insurance companies follow you
personal injury surveillance

Personal Injury Surveillance Investigations and Independent Medical Examinations

Independent medical examinations (IMEs) are medical evaluations performed by professionals not associated with your case in any way. Their purpose is to secure an unbiased assessment of your injuries and general medical state.

At-fault parties’ insurance companies may order IMEs on the suspicion that your own doctor might be biased in your favor. The thing is, there’s no way to know for sure if the insurer’s doctor isn’t going to be biased in their favor. The point is to recognize that the at-fault insurance company will likely use an IME to reduce your claim.

When you are scheduled to take an IME, you’re more likely to be watched by a private investigator shortly before and after the exam itself. Any surveillance recorded may go back to the IME-performing doctor for additional statements.     

RELATED: How Do I Prove My Pain and Suffering After an Accident?

Don’t Confuse Online/Digital and Electronic Surveillance

Even if you haven’t noticed any strangers or vehicles that always seem to be around, it doesn’t mean you aren’t on a private investigator’s radar. As mentioned earlier, online and digital surveillance are easier than ever.

In addition to paying close attention to your social media and other online profiles, private investigators may use a phone, body cam, or other subtle device to digitally record you in public places, from a store to a café to a lobby.  

It’s important to understand the difference between online/digital surveillance and electronic surveillance. Electronic surveillance looks at a person’s digital footprint, such as their text messages and internet browsing history. It also involves things like wiretapping (listening to phone conversations).

Electronic surveillance is complicated, expensive, and invasive; it’s not the sort of thing private investigators will do in a personal injury case.

do insurance companies follow you
do insurance companies hire private investigators

Protect Yourself and Your Case During Insurance Company Surveillance

We understand that being watched by insurance companies and private investigators can be unsettling, no matter the specifics of your personal injury case.

Fortunately, personal injury claimants can protect their cases by taking the following steps and precautions:

  • Tell the truth from the beginning, and you’ll have nothing to hide.
  • Disclose any previous injuries to your doctors and attorneys, even if they seem unrelated.
  • Don’t exaggerate your injuries when you think a private investigator is watching; the exaggeration can be obvious and detrimental.
  • Never post about the accident or your injuries on social media as anything you say could be used against you. Consider making your profiles private or even disabling them for the time being.
  • Don’t look paranoid about being watched. Do your best to act as you always have out in public.
  • Be aware during the days before and after an IME, as you’re more likely to be under surveillance at those times.
  • If you still feel nervous, take a friend or family member with you when you leave the house. They can distract you with conversation and remind you to grab medical aids you don’t usually need, like a cane or medication.
  • Work with an experienced personal injury attorney who knows how to refute unfounded claims made by private investigators.

RELATED: Answers to Frequently Asked Personal Injury Questions

Ready to Talk to a Lawyer Who Has Your Back?

personal injury surveillance
personal injury surveillance

Contact The Brown Firm if You Think You’re Being Followed By a Private Investigator

At The Brown Firm, we have experience when it comes to fighting back against the insurance companies and their private investigations. Our law firm approaches every case with compassion and dedication and are ready to listen to your story.

To set up your free consultation, call us, 24/7, at (800) 529-1441 or use the simple contact form on our website. We look forward to speaking with you!  

References

Al Jazeera Investigative Unit. (2017, April 10). Spy merchants: What is electronic surveillance? Al Jazeera. Retrieved from https://www.aljazeera.com/features/2017/4/10/spy-merchants-what-is-electronic-surveillance

How video surveillance is used in personal injury cases. (n.d.). HG.org. Retrieved from https://www.hg.org/legal-articles/how-video-surveillance-is-used-in-personal-injury-cases-38998

Surveillance cameras—Where is it legal to place them? (n.d.). HG.org. https://www.hg.org/legal-articles/surveillance-cameras-where-is-it-legal-to-place-them-35154

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Who Is at Fault in an Unprotected Left Turn Accident in Georgia?

It’s one of a driver’s worst nightmares.

You’re approaching an intersection. The light is green, and you’re planning to continue straight through. But just before you get there, a car heading the opposite direction decides to make a left turn—right in front of you.

This scene plays out over and over again on Georgia’s roads. Intersections can be especially dangerous to navigate, and unprotected left turns are a frequent cause of collisions. In these cases, the left-hand turning driver is usually at fault—but not necessarily always.

In this blog post, we’ll discuss right of way rules for left hand turns, cover the most common exceptions to those rules, and provide advice on what to do if you’ve been injured in a left turn accident.

 

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

What Is an Unprotected Left Turn and Who Has the Right of Way?

An unprotected left turn occurs at an intersection where left turning is allowed, but there is no left turn green arrow in the light cycle. (If there is a green arrow, it is a protected left turn.) In this scenario, the car making a left turn must yield the right of way to oncoming traffic and wait for a safe opening to turn.

If a traffic light is not present—for example, when turning into a driveway or side street with no signal or sign—the left-turning driver must still abide by the same precautions. The oncoming traffic will have the right of way and do not have to stop or slow down to allow left-turning drivers to pass. Drivers making left turns must also wait for all pedestrians and cyclists to make it safely across the street before they can proceed with the turn.

RELATED: What You Should Know About Georgia Laws and Personal Injury

The Driver Making the Left Is Often Blamed by Default—Even When They’re Not Responsible

When the police arrive on a left-turn collision accident scene, they will almost always issue a ticket to the driver who was turning left rather than the one traveling straight, based on our state’s right of way laws. However, this does not mean that all left turn accidents should be blamed on driver making the turn. There are always exceptions to the rule.

Unfortunately, this can lead to a very frustrating scenario if you were the turning driver, but you believe the driver traveling straight was actually responsible. You may be blamed by default, and without solid evidence, your left turn car accident case may be a “your word against theirs” scenario that leaves you with few options to obtain the compensation you deserve for your injuries, lost wages, or other damages.

This is one great reason to hire a car accident attorney as soon as possible after a left hand turn accident. If there are unexpected circumstances that would indicate other driver’s negligence, an experienced attorney may be able to help you prove them—before the evidence disappears for good.

unprotected left turn accident
unprotected left turn accident

Exceptions to Left Hand Turn Driving Rule

There are a few exceptions to the left-turn liability rule. The left-turning driver may not be at fault for the following scenarios:

1. The Car Driving Straight Was Driving Significantly Over the Speed Limit When They Were Going Through the Intersection.

This can be a difficult exception to prove. If there are no witnesses, it will be your word against the other driver’s.

Since the police officer will already be predisposed to giving you the ticket when they find out you were the one making the left turn, convincing them that the other driver was being reckless will be difficult to prove on your own.

An accident reconstructionist may be able to estimate the speed of the oncoming car based on damage to your vehicle. At The Brown Firm, we work with traffic experts and other expert witnesses to give you the best possible chance at proving the at-fault driver was negligent.

2. The Car Driving Straight Ran a Red Light or Stop Sign

If a car runs a red light or a stop sign, it will be breaking a traffic law and causing an accident to occur. The driver turning left will not be held responsible because the other driver should not have been going through the intersection when the accident occurred.

Depending on the area and time of day that the accident occurred, there will more than likely be multiple witnesses to attest to the other driver running a red light or stop sign.

3. The Car Driving Straight Wasn’t Paying Attention or the Driver Was Operating the Vehicle Illegally

Distracted driving is becoming a much more serious problem in the age of smartphones. If the driver of the oncoming vehicle was not watching the road, or otherwise driving recklessly or dangerously (for example, operating under the influence), and this prevented them from being able to avoid the car accident, they may be held partially liable.

4. Unforeseen Circumstances

Sometimes, the unexpected happens—and it can complicate your left-turn collision claim. For example, in a multi-vehicle pileup, the car that physically impacted your vehicle might not carry all the blame. Or, if the vehicle ran a red light because of a dangerous defective part (like faulty brakes or an improperly designed acceleration system), you might have a claim against a manufacturer or distributor.

Fault May Be Shared Between Multiple Parties

Responsibility for a traffic accident isn’t always a “one or the other” situation. Sometimes, both drivers in the scenario were negligent, and therefore share responsibility for the crash. For example, the oncoming driver may have been speeding, but the turning driver was also distracted. When determining fault for the accident, each driver may be assessed a percentage of the overall blame.

How much can an injured driver can recover in a personal injury claim if they are partially to blame for that accident? Georgia uses a system of modified comparative negligence to answer that question.

In our state, you are entitled to recover damages if you are found to be less than 50% at fault for an accident. However, your awarded compensation will be reduced by the percentage of fault you share.

For example, if your claim is worth $100,000, but a court finds you 30% responsible, you may only recover $70,000. If you are 50% or more responsible, you cannot receive compensation.

As you can see, fairly assigning fault after an accident can have a substantial effect on how much compensation you can recover, or if you can recover anything at all. Hiring an experienced attorney who can successfully show that you should not be held liable for the left turn accident, or at least argue for the smallest possible degree of fault, can make a huge difference for your case.

RELATED: Who Is Responsible In A Multi-Car Accident?

Ready to Talk to a Lawyer Who Has Your Back?

left hand turn accident
left hand turn accident

Injured in a Left Turn Accident That Wasn’t Your Fault? Call The Brown Firm Today

Proving fault in left turn accidents is often notoriously difficult to achieve—particularly in those exceptional cases where the car driving straight should take some or even all the responsibility. To improve your chance at a fair recovery, you need a great attorney to thoroughly investigate your crash and fight for your rights.

Whether you were an innocent driver or a passenger in a car accident, you may have the right to compensation. If you’ve been injured in this type of case—whether you were heading straight or turning left—and believe it was not your fault, contact The Brown Firm today for a free consultation.

Our attorneys will be happy to give their unbiased opinion on whether you have a solid personal injury case, and help you decide what your next steps should be.

We’ve been fighting for the rights of the injured in Atlanta, Savannah, and across Georgia for years, and we aren’t afraid of tough cases. If you need help or advice, give us a call today at (800) 529-1441, or fill out our simple online contact form.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

unprotected left turn accident
unprotected left turn accident

Our Recent Personal Injury Articles

Contact The Brown Firm

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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How Do You Recognize a Distracted Driver? (And What Should You Do if You’re Hit by One)?

In the age of smartphones, distracted driving is becoming a major problem on Georgia’s roads. According to the Georgia Department of Transportation, there were 331,796 car crashes in our state in 2020, and distracted driving was either confirmed or suspected to be a factor in 163,040 of them—almost half.

Our state has strengthened its distracted driving laws in recent years, including by passing the Hands-Free Georgia Act in 2018. However, it remains a pressing problem, and distracted drivers are responsible for many serious injuries (and even fatalities) in our state each year.

Unfortunately, even though distracted driving is extremely common, it’s often difficult to prove. If you’ve been injured in an auto accident and you believe a distracted driver was at fault, it’s important to seek representation from an experienced car accident attorney as soon as possible.

In this blog, we’ll take a closer look at what distracted driving is, how to tell if another driver may be distracted, and what you can do if you are injured in an accident with a distracted driver.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

What Is Distracted Driving?

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving is “any activity that could divert a person’s attention away from the primary task of driving.”

Georgia recognizes three categories of distracted driving:

  • Visual distractions: you’re not looking where you’re going.
  • Manual distractions: you’re doing something with your hands other than operating the motor vehicle.
  • Cognitive distractions: your brain is elsewhere, and you aren’t giving driving your full attention.

In other words, any behavior that forces your eyes off the road, hands off the wheel, or mind off driving—even for just a second or two—can be considered distracted driving.

Some common examples include:

  • Texting
  • Emailing
  • Using a cell phone in any way
  • Eating and drinking
  • Personal grooming
  • Talking to passengers
  • Using a navigation system
  • Adjusting music (radio, CD player, or streaming music app)

You might not think something like adjusting the radio could be that dangerous, but consider this: at 45 miles per hour, your vehicle travels 66 feet in a single second. At 70 miles per hour, you can cover the length of entire football field in less than 3 seconds.

RELATED BLOG POST: How To Avoid Distracted Driving

recognize a distracted driver
recognize a distracted driver

The Hands-Free Georgia Act and How it Applies

In 2018, Georgia passed the Hands-Free Georgia Act, which makes it illegal for Georgia drivers to talk on the phone while driving while holding their phone (or having it touch any part of their body).

Furthermore, all emailing, texting (unless using speech-to-text), internet use, and video watching is illegal even with a hands-free setup. And if you need to open or set up an app to begin a music streaming service, you must do this before getting on the road. Violators are subject to fines and points on their license.

While these laws help reduce the risk of car accidents caused by distracted drivers, it’s important to understand that using hands-free devices does not necessarily protect you from a distracting driving negligence claim. If talking on the phone is a cognitive distraction and you lose focus on your driving and cause an accident, you may be held liable.

hit by a distracted driver
hit by a distracted driver

Signs That Another Driver May Be Distracted

Knowing common signs to look for to spot a distracted driver can help you avoid a wreck or possibly minimize the severity of an accident. Some of the most common include:

  • Inability to maintain lane position
  • Driving between lanes or sudden swerving for no apparent reason
  • Not keeping a relatively constant speed (slowing down or speeding up frequently)
  • Sudden braking in reaction to normal traffic stops
  • Running a red light or stop sign
  • Following too closely to the vehicle ahead
  • Stopping longer than necessary at traffic stops
  • Driving much slower or faster than the speed limit or flow of traffic
  • Seeing that the driver’s eyes are not on the road ahead (for example, looking down at a phone)

What to Do If You Spot a Distracted Driver

If you see a car that appears to be driven by a distracted driver, drive defensively. Assume that the other driver does not see you and could be a danger to you. Give them a wide berth, and if possible, try to either pull ahead (if it’s safe to do so) or slow down and let them pass.

Do not attempt to engage the other vehicle or to take matters into your own hands. If you cannot find a safe way to avoid the other driver, or their behavior seems especially erratic or dangerous, pull over wherever it is safe to do so, call 911, and report the unsafe driver to the police.

Hit by a Distracted Driver? Contact a Personal Injury Attorney

Every driver owes a duty of care to the others they share the road with. If you’ve been injured by a driver who wasn’t paying attention, you may be entitled to compensation to pay for any medical treatment, lost wages, and other economic or non-economic damages that result. And if you want fair compensation for your injuries, it’s a good idea to hire an experienced personal injury attorney.

Act Quickly to Preserve Valuable Evidence

It isn’t always easy to prove that a driver was distracted—and most at-fault drivers aren’t willing to admit it. Out of those 163,040 estimated distraction-related crashes in Georgia last year, distraction was fully confirmed as a factor in only 3,257. Drivers will even lie about what happened to shield themselves from responsibility. And insurance companies will do anything they can to reduce the amount of damages they have to pay.

That’s why having an experienced lawyer to protect you is so invaluable. If our team acts quickly, we can often preserve mobile phone records and other data that documents the driver’s phone use at the time of the crash.

And while it might not be possible to prove that the at-fault driver was fiddling with their tech gadgets or adjusting the radio at the time of the crash, a thorough crash investigation can help you demonstrate that the other involved driver’s unsafe actions (sudden lane change, speeding, or failing to stop) were responsible for the crash.

Another great resource is witnesses. It’s always advised to get the names and contact information of anyone affected by or witnessing the event. Whether they weren’t involved in the accident at all or were in the car with the other driver, these witnesses can provide insight into possible distracted driving.

If you were hit by a commercial vehicle, such as a semi-truck, note that there may be footage from a dash camera or other recording device. Trucking companies are using these more frequently to increase safety on the road, and in some cases the content may be accessible and useful in your case.

The sooner you contact an attorney for help and legal advice, the greater the chance that critical evidence can be collected and preserved, and the better your odds for fair compensation in the end.

injured in an accident with a distracted driver
injured in an accident with a distracted driver

Ready to Talk to a Lawyer Who Has Your Back?

The Brown Firm: Fighting for the Injured and Holding Distracted Drivers Accountable

The Brown Firm is committed to helping make Georgia’s roads safer for all, and making sure those injured in auto accidents receive fair compensation for injuries and damages that weren’t their fault. We have offices conveniently located in Savannah and Atlanta, and we represent injured individuals throughout Georgia and South Carolina. We can help you understand your legal options and fight for the compensation and benefits that you deserve.

To schedule your free consultation, call us anytime at (888) 391-9112 or complete our simple contact form.

 

References

Georgia Department of Transportation. GDOT Crash Data Dashboard. Retrieved from http://www.dot.ga.gov/DS/Crash

National Highway Traffic Safety Administration. Distracted Driving. Retrieved from https://www.nhtsa.gov/risky-driving/distracted-driving

Centers for Disease Control and Prevention. Distracted Driving. Retrieved from https://www.cdc.gov/transportationsafety/distracted_driving/

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Does Not Wearing a Seatbelt Affect Your Insurance Claim After a Car Accident?

Wearing a seat belt while driving should be second nature to motor vehicle drivers in Georgia. Not only is it required by law, but it can potentially save your life if you’re in a car accident.

Even if you have a great driving record and make safe decisions behind the wheel, you can’t expect the same is always true of other drivers. Further, if another driver causes an accident in which you’re injured, not wearing a seatbelt could cost you some of your compensation.

This post will explore what it means for your personal injury claim and insurance if you weren’t wearing a seatbelt in an accident that wasn’t your fault. We’ll also discuss how a lawyer can help.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Not Wearing a Seatbelt Can Hurt Your Claim with the Insurance Company

If you become injured in a car accident that was caused by another driver’s negligence, and you were not wearing your safety belt at the time of the accident, you can hurt your chances for compensation for your injuries.

Not wearing a seatbelt when an accident occurred is likely to hurt your claim in Georgia. In South Carolina, it’s less likely to hurt your claim (more on this later).

At-Fault Status and Comparative Negligence Can Impact a Car Accident Claim in Georgia and South Carolina

Georgia and South Carolina are both at-fault states, which means at-fault parties must compensate injured parties after a car crash. Typically, injured people file claims with at-fault parties’ insurance companies for that compensation.

Car insurance companies are for-profit businesses, so it is their goal to pay you as little as possible during the settlement process. If they find out you weren’t wearing a seatbelt at the time of the accident, they may use this as a reason to offer you less compensation for your injuries.

The thinking behind that comes from the doctrine of comparative negligence, which Georgia and South Carolina both follow. Comparative negligence says that, regardless of who primarily caused the accident, an injured party will probably be held partially responsible if their negligent action or inaction also contributed to the accident or injuries.    

For the compensation itself, comparative negligence dictates that it can be reduced according to the injured person’s percentage of fault. For example, if a court determines you were 25% at fault, the amount of compensation you can recover will also be reduced by 25%.

Because Georgia and South Carolina observe modified comparative negligence, if your percentage of fault is more than 49% in Georgia (50% in South Carolina), you’ll likely be ineligible for any compensation at all. (Some other states which observe “pure” comparative negligence allow compensation even if you’re 99% at fault.)

RELATED: 5 Facts About Personal Injury Claims in Georgia

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Comparative Negligence, the Seatbelt Defense, and Your Insurance Claim

In order to understand how not wearing a seatbelt can affect a personal injury claim in a comparative negligence state, we need to discuss the seatbelt defense. In states observing the seatbelt defense, it can be harder to get full compensation if you weren’t wearing a seatbelt during an accident.   

The seatbelt defense holds that not wearing a seatbelt is a type of negligence, which any driver should know puts them at far greater risk of injury. If you were in an accident caused by someone else in a state upholding the seatbelt defense, and your lack of a seatbelt made your injuries more severe, you will probably not get the full compensation amount. Comparative negligence will reduce your claim.

Georgia observes the seatbelt defense. In Georgia, if you weren’t wearing a seatbelt and are found, for example, 10% at fault for the injuries you suffered in a car accident, you will likely receive 10% less in compensation. A claim for $100,000 can be reduced to $90,000 in the actual settlement.

The auto insurance company’s argument will be that wearing your seat belt would have lessened the severity of your injuries. Even if it was the carelessness of the other driver that caused the accident, you will still be partially blamed for not following the law and wearing a seat belt while driving.

Unfortunately, the percentage of fault is determined on a case-by-case basis. Depending on the circumstances of the accident, you may be found more at fault than you think.

South Carolina, on the other hand, does not observe the seatbelt defense. Even though the state follows the comparative negligence doctrine, not wearing a seatbelt when injured in a car accident is less likely to shift some fault your way and reduce your compensation.   

Obviously, when you are involved in this type of accident, you need the help of a car accident attorney to fight for you and ensure you’re not taken advantage of by the insurance company.

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Common Injuries Caused by Not Wearing a Seatbelt

Seatbelts hold you in your seat by wrapping over your shoulder, chest, and hips. These sturdy areas of the body have strong bones to protect your organs and can withstand the pressure of being restrained by a seatbelt better than your neck or belly.

If you’re not wearing a seatbelt and the vehicle comes to a sudden stop or change in direction, your body will keep moving and potentially be thrown into the car interior or out a window (front seat passengers especially). This is far worse than the bruises or even bone fractures a properly worn seatbelt can cause.

Airbags in the vehicle do not mean you don’t need a seatbelt. While airbags protect you from slamming into hard things during car accidents, they can cause injuries of their own, especially for someone not held in place by a seatbelt.

You can get just about any injury from not wearing a seatbelt, from a broken finger to deep cuts to something fatal. The most common injuries include:

RELATED: 4 Common Mistakes People Make with Insurance Companies

injuries caused by not wearing a seatbelt
does not wearing a seatbelt affect your insurance

Contact an Experienced Personal Injury Attorney from The Brown Firm

If you were injured in a car accident that was not your fault, and you weren’t wearing a seatbelt at the time of the crash, having a car accident lawyer on your side is the best way to ensure you’re not held more responsible than you should be.

Insurance companies are all too quick to offer you the lowest amount possible, so when they hear you were not wearing a seatbelt, they will reduce their offer even further.

Without an attorney to negotiate for you, you’ll have a hard time persuading the insurance company to offer you more. Because of this, most people will just take the first settlement offered. They don’t know how to negotiate for more.

The personal injury attorneys at The Brown Firm have more than 30 years of experience representing those who have been injured as a result of someone else’s negligence. Our auto accident attorneys are dedicated to making sure each client receives the benefits that they deserve for their losses.

Our law firm offers free consultations to personal injury accident victims. We are happy to talk about your case and see how we can best assist with the recovery of your losses.

To speak with one of Georgia’s top personal injury attorneys, call (800) 529-1441 or fill in our easy contact form to schedule your free case evaluation. You can also learn more about auto accident claims in our frequently asked questions.

References

Can I recover damages if I was not wearing a seatbelt at the time of a car accident? (n.d.). Attorneys.com. Retrieved from https://www.attorneys.com/auto-accidents/can-i-recover-damages-if-i-was-not-wearing-a-seat-belt-at-the-time-of-a-car-accident

National Highway Traffic Safety Administration. (n.d.). Seatbelts. Washington D.C.: Department of Transportation. Retrieved from https://www.nhtsa.gov/risky-driving/seat-belts

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Should I Take the First Settlement Offer in My Personal Injury Case? (And How to Handle a Lowball Settlement Offer)

It’s common to feel overwhelmed after a car accident, slip and fall, or medical mistake injures you or someone you love. This is especially true if you have large, unpaid medical bills, severe injuries, and lost income.

That’s why the insurance adjuster swooped in and offered you a “quick and easy” settlement. They are trying to take advantage of you.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Why Did I Receive a Lowball Settlement Offer? 

Don’t let yourself be bullied into taking a lowball offer to settle your claim that doesn’t meet your needs! Many adjusters will offer unfair settlements to you after a crash or incident—and discourage you from even calling a personal injury lawyer. Fortunately, you don’t have to accept it. And you don’t even have to speak with the insurance adjuster again.

If you’re not absolutely sure what your case is worth, or you haven’t spoken with a personal injury attorney yet, make sure you do so before accepting anything. If the amount of money you’ve been offered won’t cover your long-term needs, taking it can lead to financial disaster down the road.

An experienced personal injury attorney can handle the entire process and ensure that you get the settlement offer you deserve. There are many reasons why the first settlement offer (and even second or third offers) from an insurance company are often lowballs.

There’s Missing Evidence

The adjuster might not have all the necessary information, like medical bills and records of other damages. When you work with an experienced personal injury lawyer, they will carefully investigate your claim, consulting with eyewitnesses, experts, and the authorities. Our law firm often uncovers:

  • Missing medical records
  • Surveillance and GPS data associated with a car crash
  • Information about improper maintenance or negligent hiring
  • Detailed calculations of your lifetime needs and future medical expenses
  • Other wrongdoers who are liable for your injuries

Make sure the adjuster has everything they need during their investigation of your accident. If you think that your offer was made based on incomplete information, reach out to The Brown Firm. We can help you fill in the gaps and provide your adjuster with the information they need to properly evaluate your claim.

The Adjuster Thinks Your Case Is Weak

Your low settlement offer could be due to perceived flaws in your personal injury claim. Maybe there wasn’t a lot of damage to your vehicle, you had unexplained gaps in medical treatment, or perhaps you have pre-existing injuries to the areas of your body that were injured in your accident.

Unless you address these issues, your case might be worth less than you hoped for. Sometimes, a personal injury lawyer can help you fight back, using evidence and sophisticated legal strategies. But if you miss filing deadlines or make damaging statements to the insurance company, there might be little we can do.

To protect yourself, get a free consultation with a lawyer early on. That way, you will understand your rights and will have someone guiding you through the early stages of your personal injury claim.

The Insurance Company Wants to Save Money

Another major possibility, unfortunately, is that the insurance company is simply trying to protect its bottom line. The insurer’s top priority is saving money, not protecting your rights. They want to settle your case quickly and cheaply, meaning that initial settlement offers are quite often for far less than your case is truly worth.

RELATED: How Your Insurance Adjuster Determines Your Settlement Offer

Steps to Respond to a Low Settlement Offer

Some people think they can handle the insurance companies by themselves, but it is always a good idea to work with an experienced attorney, especially if you are recovering from injuries.

A personal injury attorney can help you understand and calculate the true value of your personal injury case, work with the insurance company on your behalf, and protect you from being taken advantage of by lowball offers.

If you do receive a low settlement offer from your insurance company, you and hopefully your attorney can take the following steps to get you the settlement you deserve:

Remain Calm and Analyze Your Offer

Just like anything in life, it’s never a good idea to respond emotionally after receiving a low offer. It’s an even bigger mistake to accept it out of fear that it’s the best they will do.

No matter how upset you get, or how in need of money you may be, never ruin the professional relationship you have with the other parties. Things you say and do can be sued against you if you try to renegotiate the offer.

Keep in mind that the insurance company’s initial offer will be the lowest offer they think they can get away with and serves as a starting point for negotiations.

And remember that if you are struggling with short-term finances while your personal injury case is ongoing, your attorney can often help you delay payment of your medical bills until after a settlement or verdict is returned.

Ask Questions

Once you’re sure you can keep your emotions in check, you can start asking questions. Find out why the adjuster made the offer they did. Ask your claims adjuster to break down how they made their offer based on the information they have.

Your insurance adjuster must give you the reasons why they came to their decision if they decide to deny your claim. Their responses can help guide you on how to respond with an appropriate counteroffer.

For example, as we mentioned above, if your offer was not enough or it was denied due to missing information, provide them with the information they need in your counteroffer.

Present the Facts

Everything needs to be documented after your accident. Your injuries, medical costs, property damage, lost wages, and any other documentation of damages can serve as valuable evidence to support your claim. The more evidence you have, the easier it will be to prove your claim.

Having the paperwork necessary to back up the amount you believe is needed to cover your damages makes it harder for your insurance company to send you a lowball offer.

Presenting your adjuster with all the facts, backed by a paper trail, will likely force them to give you a better settlement offer.

Develop a Counteroffer

With all your documentation, and after thoroughly reviewing the offer from your adjuster, you and your attorney can develop a counteroffer.

Other factors that you will need to consider when developing your counteroffer might be the limits of the insurance policies or the wrongdoer’s personal assets if the insurance policy limits aren’t enough to pay your damages.

There may be several offers and counteroffers made during the settlement negotiations. In fact, even after a lawsuit is filed, settlement negotiations can always continue, right up to the start of trial.

It will be up to you and your attorney to decide what you are willing to accept for your claim. If you cannot reach a fair settlement during negotiations, you might have to take your claim to court.

Respond in Writing

Your attorney will help you draft a formal response in the form of a demand letter to the initial offer notifying the insurer that you are rejecting the offer.

While drafting the letter, you and your attorney can point out faulty assumptions made by the insurance company that made the initial offer too low. Your written response should include additional details that had been left out initially, like proof of lost income, updated medical records and medical bills, details from police reports, and details about your non-economic damages, like how pain and suffering is affecting your life.

Don’t Settle Until You’ve Healed

When renegotiating a low settlement offer, you should remember to never accept an offer until you have made a complete recovery from your injuries, also known as maximum medical improvement (MMI).

In many cases, the symptoms you experience after an auto accident or other kind of personal injury may not be fully apparent for days or even weeks after the incident.

On the flipside, if you’ve been very seriously injured, it may take several months to make the fullest possible recovery, and for your doctors to confidently determine how much long-term or follow-up care you will need.

Simply put, you need to understand the full extent of your injuries—and how much they will cost in you economic damages, lost wages, and pain and suffering—before you can accept any offer with confidence. Once you’ve accepted and signed the settlement, you cannot renegotiate the offer or file another personal injury lawsuit.

Remember: You Cannot Renegotiate After You Accept a Settlement Offer

Your settlement offer is a binding contract. In a typical settlement, you agree to accept money in exchange for ending your lawsuit or giving up your legal rights against the other party.

Once your settlement agreement has been accepted and signed, there are no re-dos. If sometime down the road you realize that the settlement was too low to cover all your financial needs, there’s no going back.

That’s why it is so important to know that the settlement offer you’ve received is fair and reasonable. If you aren’t sure, having an experienced personal injury attorney on your side is priceless when negotiating a settlement.

RELATED: What’s The Difference Between a Personal Injury Settlement and Verdict?

How a Personal Injury Lawyer Can Help You Negotiate a Settlement

Your personal injury attorney has undergone extensive training with real-life experience, so they can help you calculate and fight for the full value of your claim.

Several factors can determine how fair compensation in a settlement is calculated, including:

  • Current and estimated future medical bills
  • Current and estimated future wage losses
  • Property damage
  • Emotional pain and suffering
  • Whether or not liability for the accident is shared or in dispute

As you can imagine, while some of these factors are relatively straightforward (for example, existing medical bills), others are far more subjective.

For example, if an injury causes long-term difficulties (such as loss of a limb, chronic headaches, loss of ability to enjoy your favorite activities, etc.) that don’t have a direct economic cost, but still clearly cause suffering or diminish the quality of your life, you may well be entitled to compensation for these losses. The big question, though, is “how much?” Translating non-economic damages into a reasonable dollar amount takes the skill and experience of a seasoned attorney.

Liability is another major factor, as the amount of compensation you can recover will be reduced if you share a percentage of fault. An experienced attorney can help you preserve and organize key evidence and protect you from making preventable mistakes in dealing with claims adjusters, which can help you avoid taking more blame that you deserve.

With the experience and training necessary to deal with insurance companies and their lowball offers, your lawyer will even the playing field between you and the insurance company, increasing your odds of getting a fair settlement.

Make sure you find the right lawyer for your case, ask questions to get the most of your personal injury consultation.

RELATED: Do I Need A Lawyer To Handle My Car Accident Case?

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The Brown Firm: Protecting the Injured in Georgia and South Carolina

Dealing with an insurance company after an accident can be stressful and aggravating. That’s why you need a personal injury lawyer on your side who will guide you through the entire process.

The lawyers at The Brown Firm will help you understand your rights, recognize a settlement offer that is too low, and negotiate a better settlement that will take care of your finances. Study after study shows that injury sufferers who retain legal counsel receive higher settlements on average than those who choose to go unrepresented, even after subtracting lawyer’s fees.

Speaking of fees, our team works on contingency, meaning that you don’t pay us anything unless we win you a settlement or verdict. This includes a free case evaluation, naturally, with no obligation whatsoever, so there is no reason not to get solid legal advice before accepting any settlement offer.

If you’ve recently been involved in an accident and want to be sure you get the compensation you deserve for your damages, click the button below or call (800) 529-1441 today to schedule a free consultation with The Brown Firm.

 

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Winning for an Injured Passenger with Compassion and Persistence: Jaclyn’s Story

Like any passenger, Jaclyn trusted her driver to make safe decisions behind the wheel. The last thing she expected that September day was to wind up with serious injuries and a pile of medical bills because of her driver’s carelessness.

Unfortunately, that’s exactly what happened. From a car accident to worries about money to difficult relationships, Jaclyn was in a challenging place. Keep reading to learn the story, and how The Brown Firm helped her recover from a hard situation.  

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

One Wrong Move Causes a Serious Accident

Jaclyn was a passenger in her friend’s SUV as they drove along the road on a September morning. After waiting at a stoplight, the driver stepped on the gas and started moving into the right lane as he entered the intersection.

At the same time, another car approached the intersection, driving in the right lane. Jaclyn’s driver, not seeing the other vehicle, changed lanes and drove right into its front bumper.

Because the second vehicle hadn’t been stopped at the light, it was moving much faster than Jaclyn’s friend’s SUV. The force of the impact flipped the SUV over and into the intersection.

Fortunately, everyone survived, and Jaclyn’s injuries appeared, at first, relatively minor. However, this is far from the end of the story.

injured passenger

Jaclyn Faces Worsening Injuries and Mounting Bills

Immediately after the accident, Jaclyn was treated for a cut above her eye. That and some head pain seemed to be the extent of her injuries.

But within a couple of days, she developed significant pain in the right side of her neck, chest, ribs, and abdomen. Her eyes were also very bruised and swollen. Obviously, Jaclyn’s injuries were more severe than she initially thought.

Quickly, the costs began to add up. Within a few months, Jaclyn made multiple visits to health facilities and underwent several diagnostic tests. She tried medications and therapies, but nothing seemed to truly address her pain.

Ultimately, Jaclyn was diagnosed with a range of significant back issues. Before the end of the year, she’d racked up tens of thousands in medical expenses. 

To make matters worse, Jaclyn was also dealing with some difficult relationships, and these made it even harder for her to get real help.

RELATED: How to Get the Most Out of Your Personal Injury Consultation

Life Gets in the Way for Jaclyn; We Stay on the Case

The Brown Firm met Jaclyn in the months after the accident as she dealt with frustrating injuries and bills. We knew there was no question of liability, as the driver she was with clearly caused the crash. Our team was confident we could get Jaclyn the money she needed, and deserved, to get back on her feet.

Then, to our surprise, we stopped hearing from Jaclyn. We couldn’t reach her with calls, texts, letters, or even emergency contacts. It was as if she’d simply disappeared.

At this point, some attorneys might wash their hands of the case, assuming the client hired another lawyer or changed their mind about pursuing the case. Once all legal obligations were met, they may simply move on to other clients.

We weren’t ready to abandon Jaclyn. Something seemed strange about her silence, and we still believed we could help her.

Finally, after researching where Jaclyn might be, we pinpointed a family property that looked promising. Our investigator went to the location (with us on the phone in case anything happened) and knocked on the door, several times. To our dismay, there was no answer.

Eventually, our investigator yelled that he was from The Brown Firm. Someone liked the sound of that and came out to talk. It was Jaclyn, and she was thrilled we were there.

Apparently, she’d been hiding out from some people she needed to avoid, which explained why we’d had such a hard time reaching her. Jaclyn was amazed at the lengths we took to find her and was ready to move forward with the case. 

passenger car accident victim

The Brown Firm Secures Maximum Policy Limits for Jaclyn

Time was of the essence now for Jaclyn. We immediately sent out a demand letter on her behalf, stating that she deserved the limits of the at-fault driver’s insurance policy to cover what his carelessness cost her.

Because Jaclyn’s driver’s liability was unquestioned and her injuries were impacting her quality of life, we didn’t face a lot of pushback from the insurance company. The Brown Firm secured maximum policy limits for this deserving client.   

In the end, Jaclyn was extremely happy with the outcome of her case, and we were glad to see her finally able to move on with her life.

RELATED: How Long Do I Have to File a Personal Injury Claim?

Contact The Brown Firm After a Car Accident

We believe every client deserves the kind of service we provided for Jaclyn, and our team will go above and beyond for each of them. From injuries to medical expenses to life in general, you have enough to deal with, and The Brown Firm is here to make it all a little easier.

To get started with your free consultation, call us 24/7 at (912) 324-2498 or complete the contact form on our website.  

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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How to Handle a Car Accident on Private Property in Georgia or South Carolina

If an accident occurs on the road, most people have a general idea of what to do. You call the authorities, exchange information, take a few pictures, and get medical attention.

But if you’re involved in a car accident on private property—for example, a parking lot or private road—the standard rules and regulations that apply to other car accidents might not apply to your case.

In the article below, we will discuss the best way to handle a car accident on private property.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

What Should You Do Immediately After an Accident on Private Property?

There is a lot of conflicting advice about what to do after a car wreck on private property. While there are certain legal and procedural differences that can affect a potential personal injury case, for the most part you should follow the same basic initial steps that you would for any other type of car accident.

  1. Immediately after a wreck, assess the damage. If someone suffered serious injuries, you need to call 911 and get them medical attention right away. This should be your top priority.
  2. Contact the police. They should be able to give you an incident report, and if they can’t, try to get one from the property owner or someone who works at the property. (More on this in the next section.)
  3. Take pictures of the property damage and accident scene. These images might be important evidence later on.
  4. Swap insurance information with the other involved driver. If possible, get contact information and statements from witnesses too.
  5. See a doctor as soon as possible. What might seem like “minor bumps and bruises” might be early signs of a serious injury. If you have any symptoms whatsoever after the crash—even very minor ones, like mild stiffness or soreness, call your doctor.

Don’t Ignore Your Legal Rights After a Car Accident

While you might not immediately start thinking about a personal injury claim, the insurance company sees you as a case number from day one. As soon as it learns about your claim, insurance adjusters will start looking for ways to decrease your case’s settlement value (or make it go away completely).

When you take proactive steps, like calling the police, seeing a doctor, and taking pictures of the crash site, you’re creating evidence that can help you fight back.

For example, post-crash symptoms sometimes take days or even weeks to reach their peak. If you do not receive medical care soon after the crash, typically within a week, the insurer could argue that your injuries aren’t really that serious, and that your case isn’t worth much. Plus, the longer you wait to treat your injuries, the worse they will get.

You should also contact an attorney, even before you speak to your insurance company. Your insurance provider will try to pay you the smallest amount to limit their losses, so you need an experienced lawyer to make sure possible you get what you deserve.

Personal injury attorneys deal with insurance companies every day. They will make sure you avoid any situations that will get you less than what you deserve in your settlement.

Related Article: How Do You Prove Pain and Suffering After a Car Accident?

Rear End Car Accident

Should You Call the Police?

You should always call the police after an auto accident, no matter where it occurs. However, it’s important to understand that police officers may be more limited in terms of what they can or will provide for the involved parties when an accident takes place somewhere other than a public roadway.

When a wreck occurs on private property, the police don’t have jurisdiction to write a police report or issue tickets. After all, if you aren’t on a road, there are no “rules of the road” that can be enforced. Typically, the best they can do is write an incident report, but many times these are done by security guards or another employee of the establishment.

An incident report is a simplified version of a police report. Unlike a “full” police report, the incident report will typically not provide any conclusions about fault from the responding officer.

While this is less than ideal, it is still far better than nothing. The incident report will contain at least some information about the accident, the resulting damage, and any injuries that occurred. This is important and useful evidence, even if the report itself does not take an overall position on who was at fault.

Who Is Responsible for a Crash on Private Property?

Georgia and South Carolina’s car accident systems are fault-based. That means that you will typically file an insurance claim with the negligent driver’s insurance company. If you have uninsured/underinsured motorist or MedPay coverage, you might also file claims with your own insurance company. However, this might be just the beginning of your claims.

In accidents on private property, the owner of the property may be held responsible, as well as other involved parties. Let’s say you’re involved in a parking lot accident, and your accident is caused by a blind spot, narrow corner, or lack of necessary signage. If that’s the case, some of the liability for the accident could fall to the owner of the parking facility.

That’s why it is very common for property owners to get involved in disputes between the parties involved in the accident. This can be helpful, especially if the property owner feels like they could be held liable and is willing to help. They may be able to provide you with security footage, an incident report, and any other details that may prove to be helpful.

Sometimes, though, property owners can get defensive and refuse to assist in resolving the dispute because they’re afraid that they will have to contribute to the settlement.

Often, when a car wreck occurs in a parking lot, the responsible party leaves the scene. When this happens, the property owner may have some liability on a premises liability policy through insurance. So even though the property owner had very little to do with the accident, they could still end up liable for merely owning the property where the crash occurred.

Related Infographic: Steps to Determine Liability in a Parking Lot Accident

Causes of Car Accidents on Private Property

There are several ways a car accident can occur on private property. Some things that can cause a wreck on privately owned property are:

  • Distracted driving. Distracted driving is the main factor in many kinds of car accidents. Whether you are adjusting the radio, eating, or looking at your cellphone, taking your attention away from your driving can easily cause a collision.
  • Careless driving: Speeding across parking lots and failing to check your mirrors before backing out of a parking spot are among the most common ways that driving carelessly can lead to private property accidents.
  • Impaired driving: This is the most easily avoidable type of crash, but still, many people drive under the influence of alcohol or other drugs, causing countless accidents.
  • Unsafe surfaces: Potholes, puddles, ice, and other poorly maintained surfaces can lead to car accidents even on private property such as parking garages or private roadways.
  • Lack of signage:In a parking lot, for example, there may not be any stop signs or right of way signs, leading to confusion and car accidents.

These are just a few ways a car accident can occur on private property. No matter where you’re driving, you should be alert and aware of your surroundings to avoid accidents.

How a Personal Injury Attorney Can Help After an Accident on Private Property

Due to the lack of a police report and potentially difficult-to-resolve questions about how liability should be decided, private property accidents are often especially challenging to resolve. Without strong representation, you may have difficulty proving fault and getting the compensation you deserve from the insurance company.

An experienced attorney can take charge of investigating the accident, including examining the scene, following up with witnesses and property owners, and obtaining any security footage that might exist. (Since most property owners destroy video footage on a regular basis, you must act fast to avoid the permanent loss of critical evidence.)

Your lawyer can also help protect you from making costly mistakes, such as admitting fault or accepting a settlement offer that is far less than what your case is worth. Again, personal injury attorneys deal with insurance companies on a daily basis, and have extensive experience negotiating settlements for their clients. This translates to much higher compensation on average than those who try to handle their insurance claims process on their own.

The Brown Firm: Protecting the Injured in Georgia and South Carolina

An experienced personal injury attorney at The Brown Firm can help you prove negligence and get the settlement you deserve after an accident on private property. They will also negotiate with your insurance company to make sure you get every penny you deserve.

If you were recently in an accident on private property, reach out to The Brown Firm’s car accident lawyers today. Their lawyers will give you a free initial consultation and help you take the next steps.

To schedule your free consultation, complete the simple form below or call us at (912) 324-2498.

Ready to Talk to a Lawyer Who Has Your Back?

Our Recent Personal Injury Articles

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Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Are Car Accident Cases Different if Children are Involved?

If you’re a parent, the last thing you want is to have to see your child suffer.

That’s why car accidents can be especially terrifying.

Typically, personal injury cases involved car accidents involving adults.

But what happens if a child causes the accident, or even worse if a child is injured?

Personal injury law works under the assumption that children don’t have the same well-informed judgment as adults.

That’s why there are special rules for compensation and liability for motor vehicle accidents involving children.

A personal injury could severely impact your child’s life and cause temporary pain and discomfort, permanent disability, psychological disorders, and other chronic issues.

That’s why it’s important to work with a skilled personal car accident attorney so you can maximize your child’s chances to make a complete recovery and live a healthy and fulfilling life.

The differences between a car accident claim for an adult and a child can have a significant impact on your ability to get your child compensation for their damages, and your car accident lawyer can help you navigate these differences.

In the article below, our car accident attorneys will dive deeper into car accident claims for children and some key differences between a personal injury claim for an adult and a child.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Injuries to Children

The procedure for getting compensation for a minor (someone under 18) can vary from state to state, but a child still has the right to compensation for any damage sustained in the car crash.

Damages people can seek for the children include pain and suffering, permanent injury, emotional distress, and disability.

Also, a parent usually has a separate right to be compensated for medical bills paid on behalf of a child.

A child obviously won’t be able to negotiate the settlement of a personal injury claim, so a parent will be permitted to negotiate on their behalf.

Or, their parent can hire a car accident lawyer to negotiate on their behalf.

In a few states, parents have to get a judge’s approval before their child’s claim can be settled.

This is a relatively straightforward process that won’t take a lot of time.

It typically only involves filling out a form and filing it with the court for approval.

When you settle with an insurance company to receive compensation for the damage sustained in your child’s accident, the insurer can provide you with the proper forms and how to file them.

It’s in the best interest of the insurance companies to make sure that the settlement is properly filed and approved so that a lawyer for the child doesn’t go to court months or years later and claim that the child is entitled to more money.

who is at fault in a car accident t bone
word against word in car accident

Potential Recoverable Damages

If a child is injured in a car wreck due to the negligence of other drivers, they will be entitled to compensation that will cover their:

  • Current Medical bills
  • Continued Medical Care
  • Therapy services like chiropractic care
  • Loss of ability to earn income in the future
  • Pain and suffering
  • Loss of enjoyment if they have a job

Sometimes a parent or legal guardian can receive compensation for the financial losses they have suffered, such as the ongoing medical expenses for their child.

Depending on the circumstances surrounding the case and your specific situation, victims can also be awarded punitive damages.

Punitive damages are reserved for especially severe cases in which a personal injury attorney found a defendant’s behavior to be extraordinarily reckless, willful, or negligent.

Punitive damages are geared to punish defendants and to keep others from acting similarly.

How Car Accident Claims Are Different For Children

Child Injury Claims Require Court Approval

One of the biggest differences between a car accident claim for a child and an adult is that even if the parties agree to a settlement, a judge can reject a settlement or even a verdict in a child’s case.

The courts will always have the child’s best interest in mind, so to ensure that the child’s guardian act’s accordingly, the court will often appoint a representative to analyze the case files and report on whether the parents did uphold the child’s interests.

If it’s found that they didn’t, the court can dismiss the case entirely.

In most cases, parents or guardians will have the child’s best interest in mind during a car accident case.

However, mistakes can still be made even by the most well-intentioned people.

That’s why parents should always consult an experienced car accident attorney before proceeding with their claim.

If a parent chooses to represent their child when filing a claim against negligent drivers, there is a huge chance that errors will be made to have their child’s claim dismissed or receiving a substantially lower settlement.

Minors Have Extended Statute of Limitations

The statute of limitations laws describes how long you have to file an injury claim after an accident.

Although it can vary from state to state, the statute of limitations is two years after the accident.

But a personal injury lawsuit involving a child has two extensions.

The first statute extends to two years after their 18th birthday.

This gives the child time to file their own claim after becoming a legal adult instead of having their parent or guardian file for them.

The second extension is two years after an injury was discovered.

Some injuries, especially in children, won’t be discovered until bones, muscles, joints, or even their brain have time to develop.

This extension allows parents to file a claim for an accident settlement two years after a doctor diagnosed an injury resulting from the accident.

Minors Aren’t Allowed To File a Personal Injury Claim

A child under the age of 18 can’t file an accident claim on their own.

But they can have a parent or guardian file a claim on their behalf.

This process is very similar to the typical process of filing a claim, but there are a few differences.

Or, if the involved parties prefer, they can wait until the child turns 18 to file their own claim.

While this option is always on the table, it typically isn’t the best option because it’s possible to lose crucial evidence over time.

But if the child is close to turning 18, they could benefit from working with a personal injury attorney themselves and file by filing a statute of limitations extension to avoid the complications of filing a personal injury claim with a parent or guardian.

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Schedule your free consultation by calling (912) 324-2498 or completing our simple online form.

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Are Car Accidents A Leading Cause of Broken Bones?

It’s very common to suffer injuries in car accidents, but what are the most common types of injuries?

Did you know that according to the Centers for Disease Control and Prevention (CDC), about 2.5 million Americans are seen in an emergency room after a motor vehicle accident

Broken bones and bone fractures are among some of the most commonly seen injuries. 

Breaks and fractures occur when more force is exerted on your bones than it can absorb

Even if you haven’t been injured yourself in a car crash, you likely know someone that has been, and there’s a good chance they suffered a fracture.

Broken bones are not easily avoided during the impact of an auto accident.

Unfortunately, a bone break is a common injury that can have a significant impact on your life.

A broken bone resulting from a collision is an injury that is often more complex than a simple break.

A bone break from an accident can include multiple fractures, compound fractures, and some could require reconstructive surgery.

This could leave you incapacitated for months while you make a recovery.

It’s important to know the different kinds of broken bone injuries that are common during car accidents and what kind of treatments you may need afterward.

You also need to be prepared to take legal action if your accident and resulting injury was caused by someone else.

During your recovery, your financial well-being and overall quality of life could be negatively affected.

In the article below, we will discuss the significance of broken bones after car accidents and what you should do afterward and if you need a broken bone lawyer

 

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Car Accidents Are a Leading Cause of Broken Bones

Your bone is likely to break when the force exerted on it is stronger than the force it can bear.

You’re likely to have a bone break in a car accident because your body absorbs a large amount of impact during a collision.

There are several ways you could suffer a break during a car accident, including: 

  • Bracing for impact or in an instinctive effort to protect your face or body during an accident.
  • Getting by your airbag or a loose item tossed around the car.
  •  Slamming forward into your seat belt
  • Striking the pavement after being ejected from your vehicle
  • Being thrown forward or backward in the car
  • Being compressed during the collision
  • Hitting your dashboard or a window with a lot of force
  • Being bent or twisted during the collision

Common Breaks and Fractures in a Car Accident

You can suffer a broken bone injury to any bone in your body.

Fractures and breaks in your body are classified as simple or compound.

Simple breaks do not break the skin.

A compound fracture is when the bone breaks your skin and exits the body, either through a rip or tear.

Both can result in secondary injuries, such as soft tissue injuries like muscle or ligament tears.

Most bone fractures will also result in the atrophy of muscle during the healing phase, which is when muscles waste away.

Specifically, the bones that you are most likely to break in a car accident include the: 

  • Femur
  • Tibia/Fibula
  • Ribs
  • Hip and Pelvis
  • Wrists
  • Arms
  • Facial and Skull Fractures
  • Clavicle
  • Back and Vertebrae

Symptoms, Diagnosis, and Treatment of a Bone Injury

Broken bones are usually fairly obvious. But, sometimes, you might not realize you have one in the aftermath of a car accident.

After a car accident, when adrenaline runs through your system, you often won’t realize the extent of your injuries.

It’s important to seek medical attention after your accident so you can get an accurate diagnosis of your injury rather than having it get worse before it’s obvious you’ve been injured.

Symptoms of bone fractures symptoms can include:

  • Intense pain in the area of the fracture, especially when you put weight on it or it is touched.
  • Deformity
  • Swelling, bruising, and tenderness
  • Numbness and tingling
  • Difficulty moving a limb.

X-rays, which are an excellent piece of evidence in a car accident case, are the most common method of diagnosing broken bones.

Bone scans, CT scans, and MRIs are also used to diagnose fractures, including stress fractures, which are not always easily detectable.

The treatment method your doctor decides to use with you will depend on the specifics of the injury to your body.

For broken bones to heal properly and completely, they have to be re-aligned and kept in place with little to no movement for weeks or months.

Treatment options include a plaster or fiberglass cast, a functional cast or brace, traction, external fixation or open reduction, and internal fixation.

Fractures are an injury that can take a long time to heal, often taking several weeks or several months to heal.

During your recovery, your movement will be limited, even after your cast or brace is removed.

You will also lose muscle strength and require physical therapy to restore your normal range of motion, flexibility, and muscle strength.

Don’t Wait to See a Doctor After an Accident

The worse thing you can do after an accident is put off seeking medical treatment.

However, many people are hesitant to see a doctor after an accident, usually out of fear of medical bills.

Whether you think you have a broken bone or any injury or not, you should always see a doctor that can tell you for sure.

It’s much better than going home and developing problems like headaches, pain, or swelling resulting from an injury that has gotten worse.

And, if you’d decline medical treatment at the scene of the accident, your insurance company will fight you if you later seek medical care.

And if your accident was caused by someone else, you will have a much harder time pursuing a personal injury claim to cover your damages.

This can leave you saddled with medical bills that should have been paid by someone else.

That’s why seeing a doctor immediately after an accident is a way to protect yourself if an unforeseen injury does arise.

Take Legal Action for Broken Bone Injuries After a Car Accident

Fractures, especially a fracture during a car accident, is an injury that will not heal on its own.

You will need medical attention for your injury to heal properly.

In extreme cases, especially if you delay medical attention, some injuries will never completely heal.

Broken bones left untreated can severely impair your quality of life and keep you from working, leading to a loss of income as well as various medical expenses.

If you recently sustained broken bones or suffered an injury due to a car crash due to the negligence of someone else, you have a legal right to compensation for your injuries.

A personal injury attorney at The Brown Firm with experience handling car accident cases that involve many types of fractures, whiplash, head injuries, traumatic brain injuries, and more is ready to help you today.

To schedule your Free Consultation with an attorney at The Brown Firm, click the button below.

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Who Is Liable When A Teen Driver Causes An Accident?

Learning to drive is one of the most exciting and important milestones in the life of teens.

It’s one step closer to a little bit of freedom from their parents, but it also brings on a new set of responsibilities.

According to the CDC, Teenage drivers are at the highest risk for causing or being involved in car accidents compared to all other age groups.

Besides the obvious safety concerns that come with car accidents, there’s another worry for parents regarding their teens being involved in car accidents: negligence.

Parents could be legally liable if their teens cause a car accident.

In the article below, we will discuss who could be liable if teen drivers cause a car accident and how to find the best car accident lawyer.

 

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Negligence and Fault

When decided who was at fault for a car accident, the most commonly-applied legal concept is negligence.

The theory of negligence says that every driver has a duty to drive in a reasonably safe way.

If a driver doesn’t meet that duty and injures another driver, the negligent driver can be legally liable for the resulting damages.

These damages can include medical bills, property damage, lost wages, vehicle damage, and other non-economic losses.

Negligent Entrustment

The theory of negligent entrustment says that a parent can be liable when their teen causes a car accident.

Under negligent entrustment, the parent can be held liable if they knew or should have known that the teen driver could be a danger to others on the road.

Let’s say the parents of a teen driver know that even though he has his driver’s license, their son has little experience with highway and city driving, he has been in three accidents in less than a year, and has been ticketed twice in that same time.

His parents still allow him to borrow the car for a cross-country summer road trip with his high school friends.

This trip includes drives through downtown New York City, Chicago, and Los Angeles.

During the road trip, the teen driver, unsurprisingly, causes a car accident driving through LA.

This means that, under the legal theory of negligent entrustment, the teen’s parents could potentially be liable for any damages that result from the accident.

Vicarious Liability

Vicarious liability says that a parent could be liable for their teen driver’s wrongdoing if they are acting under the direction and authority of the parent.

Depending on where you live, this type of liability is sometimes referred to as the family use, family purpose, or the family car doctrine.

Under this doctrine, parents can be liable if their teen driver causes an accident while pursuing a family purpose or use.

This purpose can be pretty much anything as long as the parents have control over the use of the teen driver’s vehicle.

If a parent asks their teen driver to run to the pharmacy to pick up a prescription, the parent could be liable if the teen driver causes a motor vehicle accident to perform the errand.

The parent could still be liable even if the teen decides to go on a joy ride around the neighborhood and causes a reckless driving accident instead of going straight to the store.

personal injury attorney with two clients

Protect Yourself When You Have a Teen Driver

As a parent, you can protect yourself from liability during teen driving accidents by having them take out their own auto insurance policies.

You should also sit down with all of the teenage drivers in your household and discuss automobile safety on a recurring, consistent basis.

Talk about the following safety issues with your teens and stress the importance of making safe choices.

  • Drinking and driving, or driving under the influence of any drug, prescription or not
  • Safe operating procedures like wearing a seatbelt and using turn signals and headlights while driving
  • Weather conditions that can affect a driver’s visibility and the way a vehicle handles
  • Following the rules of the road

Talking about being safe while driving n a regular basis is a great way to protect your teen driver from accidents and injuries.

But don’t stop at just a discussion.

Show them these safety procedures by practicing them yourself all the time.

Your teen probably spends more time in the car with you than anyone else, so use this time to show them the proper way to drive a car.

Show them things like maintaining a safe following distance, wearing a seatbelt, keeping your phone while driving, and obeying all traffic laws.

Let them know that accidents can happen, but they can do things to reduce their chances of being involved in one by being driving defensively.

Work With an Experienced Car Accident Lawyer

A car crash can happen to anyone at any time, no matter how careful the drivers are.

If you or any of your teens have been injured in a car accident, it’s in your best interest to speak with an experienced personal injury attorney.

They help drivers pursue monetary compensation for their damages in a personal injury claim and protect you from behind held liable.

Contact The Brown Firm today to set up your initial legal consultation with a member of our firm.

The Brown Firm proudly serves clients and their teens, and will do everything in their power to help you recover financially after an accident.

Click the button below to schedule your Free Consultation with The Brown Firm today.

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Safely Share The Road With Semi-Trucks

We’ve all seen large semi-trucks. These massive machines weigh more than 10,000 pounds.

That means if you’re involved in an accident with a truck driver, you are much more likely to suffer severe injuries.

In 2017 alone, there were 4,761 people killed in crashes with large semis. And 72% of those fatalities were the people in passenger cars.

So when you’re sharing the road with semi-trucks, it is essential to know what to do to keep yourself safe.

It’s easy to point the finger at semi-truck drivers, and they do share some of the responsibility for these accidents, but many motorists don’t know how to share the road with these large trucks properly.

You can do many things to make traveling safer around semi-trucks so you and the truck driver can make it to your destinations safely.

In the article below, Semi-Truck Accident Lawyers discuss several ways to keep yourself safe on the road with semi-trucks. 

 

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Practice Defensive Driving

At this point, driving your car, truck, or motorcycle probably comes second nature to you.

But no matter how easy it is for you to drive, you have to be alert at all times, especially if you encounter a large semi-truck.

Because semis are bigger, it takes longer for them to react to the things around them and avoid collisions.

That’s why you need to pay close attention to the flow of traffic, the vehicle signals around you, and the weather conditions so you can prepare yourself for potential problems on the road.

semi-truck accident

Pass Trucks Properly

Firstly, if a truck attempts to pass you, let it.

Stay to the right and reduce your speed, so it is easy for the truck to make it around you.

This will give the truck driver plenty of room to get around you and keep you out of its blind spot as much as possible.

Second, you never want to pass a truck that’s backing up. There’s a high likelihood of you entering their blind spots, and that’s somewhere you never want to be.

Avoid Blind Spots

This deserves its own section. You never want to be in the blind spot of a semi-truck.

The right side of a semi-truck is the most dangerous place to be, so avoid it at all costs.

If you have to pass on the right, do it as fast as possible, use your signal lights, and ensure the trucker sees you as soon as possible.

semi-truck on road

Semi-Trucks Make Wide Right Turns

When a commercial truck needs to make a right turn, they need as much as 55 feet of turning radius to complete the turn safely.

Knowing this, you can anticipate them needing extra room to turn so you can avoid entering their space when possible.

If you’re on the highway and the truck is getting off on an exit, make sure it has plenty of space in front of you.

The truck will have to get much slower than a passenger vehicle to maintain control through the off-ramp’s curve.

Use Your Signal Lights 

When you are around semi-trucks, use your turn signals earlier because they don’t have the same reaction speed as a smaller vehicle.

This will help prevent a rear-end collision with a truck traveling behind you.

If you plan on merging into a lane with a semi-truck, give them more time to anticipate your maneuver by using your turn signal earlier.

Follow the Rules of the Road

When you are driving at high speeds, your risk of being involved in an accident is heightened.

The faster you drive, the harder it is to react to your surroundings and control your vehicle.

Rushing through red lights, driving intoxicated, and driving distracted all increase your chances of being in an accident with a tractor-trailer.

When you drive, always follow the rules of the road. You want your actions to be predictable to the truck driver you are sharing the road with.

Want to know more about truck accidents? Check out the blog: Frequently Asked Questions About Truck Accidents

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Contact The Brown Firm Today

If you’re ever involved in an accident with a semi-truck, you need the help of a personal injury attorney.

Commercial vehicle accident claims are much more complicated than typical car accident claims, but The Brown Firm can help you with your case.

The Brown Firm will file your claim, work with your doctors, and handle the insurance company so you can focus on your physical recovery.

If you’ve been in a semi-truck accident, contact The Brown Firm Today to schedule your Free Consultation.

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Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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How Do I Prove My Pain and Suffering After A Car Accident?

If you’ve been injured in a car accident due to someone else’s negligence, you will likely be able to include a claim for pain and suffering as part of your car accident case.

After you have established that the defendant did indeed cause the accident and your injuries, you will have to prove financial losses so you can claim the money needed to start rebuilding your life.

The money for these losses is known as damages.

For some damages, it is easy to put a dollar amount on how much money you are owed.

For things like medical bills and property damage, you just add up your medical bills and treatments and provide receipts.

But the damages for our injuries go far beyond our medical bills and property damage.

So, how do you prove and then calculate your pain and suffering after a car accident?

To prove pain and suffering and then justifying it to an adjuster and then putting a dollar amount on it is much more complicated than adding up your medical bills.

An experienced personal injury attorney can help you prove and calculate pain and suffering beyond a shadow of a doubt.

But, it’s still good to have a general understanding of how to prove and calculate pain and suffering in a car accident case before making pain and suffering claims.

Continue reading to learn more.

 

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Pain and Suffering Damages Are General Damages

After a car accident, there are two types of pain and suffering that you are likely to experience.

The first is for your physical pain and suffering. The second is for the mental distress that accompanies your physical injuries and the events surrounding your accident.

These are known as “general damages.” 

There is no set formula or foolproof way to value general damages.

There are several types of injuries you can sustain during a car accident.

With several types of injuries, the injury’s significance is general knowledge, so it can be assumed that the injury is painful.

For example, a concussion after a car accident will require medical treatment, and a traumatic brain injury could require surgery.

Your concussion or brain injury will require time to heal that usually includes missed time off of work.

Sometimes a traumatic brain injury can be so severe that it never returns to “normal.”

Most people realize that the injury and recovery can cause extensive physical and mental suffering.

But, for injuries that aren’t so obvious, like a soft tissue injury, the pain and suffering isn’t as obvious.

Soft tissue injuries like bruises and cuts are very obvious to most people.

They are a direct result of something impacting skin or muscle and damaging the tissue.

But a soft tissue injury like whiplash is much less obvious.

Damage to muscles, ligaments, tendons, and your other soft tissues won’t show up in an x-ray, so there is less conclusive evidence that an injury has occurred.

But most of us have experienced an injury like this, whether it was a sprained ankle or wrist, so we know that the pain is very real and can be severe.

Proving Your Pain and Suffering After a Car Accident 

To win your pain and suffering claim, you first have to prove pain and suffering.

Pain and suffering will vary from case to case, so you have to think about how your injuries have affected your lifestyle and emotional well-being.

You also have to think about how your pain and suffering will interfere with your life.

Your current pain and suffering are what you will endure from the time of your injury until your medical treatments are completed. It has an endpoint, and its duration can be measured.

Future pain and suffering is what you will endure after your treatments have ended into the foreseeable future.

It isn’t possible to know when it will end.

If you can make a complete recovery from your injuries, and you don’t expect to have any lingering issues, you can ask for one or two times the amount of your economic damages.

If you aren’t able to make a complete recovery in a reasonable amount of time, and you expect to face ongoing issues with your injuries, including issues with your mental health, you will be justified in asking for a larger amount of pain and suffering.

No matter what you ask for in pain and suffering damages in your injury case, you will have to convince the adjuster or judge and jury of the negative effect the injuries have had on your quality of life.

Evidence is Important For Your Claim

Before deciding what to ask for your pain and suffering damages, you need to figure out how you will convince the adjuster to accept your demand.

Your personal injury attorney will be experienced in this and will know what to do.

First, you will list the reasons why your pain and suffering demand is justified. You will use this list later in settlement negotiations.

Your argument has to be logical, based on facts, and supported by evidence to prove pain and suffering.

Medical records will be crucial in backing up your claims for pain and suffering and emotional distress.

Make sure you tell your doctors how your injuries have been affecting your daily activities.

Along with the list you’ve already made, you should include a copy of your relevant medical records.

These records can include:

  • Your doctor restricting you from lifting more than 10 pounds. This leaves you unable to care for your small child.
  • You can’t sleep, but when you do, you have nightmares. Your doctor prescribes you sleeping pills.
  • You can’t drive for two weeks, so you are forced to rely on others to take your children to school.
  • You see a counselor to treat the depression caused by the long and painful recovery from your injuries.

Photographs of your injuries throughout your treatments will paint a clear picture of your pain and suffering.

Pictures of you in your mangled car, in a hospital bed, and during rehabilitation will be very compelling.

You also need witness statements.

In the same way you can ask someone who saw your accident to provide a witness statement, you can ask the people closest to you, like your family, friends, and neighbors, to write down what you have had to deal with since your car accident.

They may write about how they’ve helped you with:

  • Meals
  • Yardwork
  • Housework
  • Childcare
  • Pet care
  • Transportation

The people you’re closest to can detail what you haven’t been able to do for yourself after your injury, but you will have to describe how it’s made you feel.

It’s a good idea to keep a journal with detailed notes about how the accident has impacted your quality of life and happiness.

Be as descriptive as you can when you explain:

  • Daily pain levels
  • Needing help with personal hygiene or toileting
  • Not being able to work, cook, or perform other typical tasks
  • Fear of not making a complete recovery
  • Missing important holidays or other special occasions
  • Sadness or depression stemming from your accident and injuries

To get the settlement you deserve, you have to put your pain and suffering into words that are easy to understand and persuasive to the adjuster.

Make sure to take enough time to think about what you have lost or will lose and how you have suffered and will suffer because of the injury.

You only have one chance to win your settlement, so don’t hold anything back.

The better you can convince the adjuster of the depth of your pain and suffering, the higher your final settlement will be.

If you were severely injured and need to focus on your physical recovery, or if you just aren’t comfortable dealing with the insurance company, you should speak to a personal injury attorney about the value of your pain and suffering.

Good personal injury lawyers offer free consultations, so it won’t cost you anything to find out what a good attorney can do for you.

How Do Insurance Companies Evaluate Pain and Suffering? 

Before you try to convince your insurance company of your pain and suffering damages, you should understand that insurance companies begin their analysis with a critical assumption: if you never seek medical attention, you probably weren’t hurt.

There are exceptions to every rule, sure, but if you don’t seek medical attention for injuries after your accident, you won’t be able to receive pain and suffering damages.

Injuries that result in a greater amount of medical treatment will result in more pain and suffering than injuries that need minimal medical treatment or none at all. 

Your insurance company will also assume that an injury that requires a lengthy recovery time will cause more pain and suffering than injuries with a short recovery time.

These assumptions will affect how your insurance adjuster will value your injury claim.

If you choose not to receive medical attention after your accident, you probably won’t have much value attached to your injury by your insurance company.

Even if you are in pain and have suffered injuries, if you don’t seek medical attention or seek it fast enough, your insurance company could assume the injuries aren’t that bad or were caused by something other than your accident.

Your insurance companies will have to take you at your word that you are injured, and your injuries were due to the car accident.

They will need more evidence than that.

You will have a higher value placed on your injuries if you seek medical attention and there is medical corroboration of your injury. 

If you’ve suffered a soft tissue injury that isn’t immediately obvious and you seek medical treatment for the injury, your doctor will listen to the description of your symptoms and conduct a physical exam. 

After your exam, your doctor will note the findings from your physical examination in your medical records and that you visited their office and complained of pain or discomfort in certain areas of your body soon after your car accident. 

Your insurance company will review your medical records, and when they see that you took the time to visit the doctor soon after your accident, it will add some evidence of the validity of your injury. 

If you weren’t really in pain, you wouldn’t have gone to all that effort to relieve the pain. 

This also applies to lost wages from work. 

There’s a good chance that you only get paid if you show up to work, so if you took off work because of your car accident, it would support your claim that you have experienced pain and suffering after your accident.

Check out a related post: Who is Liable if my Car is Involved in an Accident but I was not Driving?

Speak to an Experienced Personal Injury Attorney

When you visit The Brown Firm, they will review every detail in your case to give you the best possible advice and guidance related to your case.

The Brown Firm has helped countless pain and suffering victims, and they are ready to help you with yours.

The Brown Firm Car Accident Lawyers will help you by working tirelessly on your case so you can focus on your physical recovery while they handle your pain and suffering.

Calculating pain and suffering isn’t an easy task, and you shouldn’t do it on your own.

Let The Brown Firm help you with your personal injury claim so they can maximize your pain and suffering settlement. 

Give The Brown Firm a call today or click the button below for a free consultation with an experienced attorney so they can get you the compensation you deserve.

Ready to Talk to a Lawyer Who Has Your Back?

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Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Who Is Responsible In A Multi-Car Accident?

Multiple-vehicle crashes, or chain reaction accidents, occur when two vehicles collide, followed by a third vehicle colliding with the first two.

One driver hits another driver, who hits another, and so on.

There are several types of multiple vehicle crashes, such as rear-end accidents, head-on collisions, intersection crashes, and lane change accidents.

When it’s all said and done, you have a series of collisions, and it can be difficult to determine liability.

A typical two-car accident can be difficult to determine fault, so when you add in more vehicles to the equation, it gets much more complicated.

A prevalent myth about multi-car accidents is that the first or last vehicle in the accident is liable.

Maybe that’s the case some of the time, but fault must be determined on a case by case basis.

Luckily, some general principles will help.

In the article below, we will talk about assigning fault in a multi-car accident.

 

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

What is a Multi-Car Accident? 

Multi-car accidents occur when three or more vehicles are involved in the same accident.

Many times, this is a series of rear-end accidents caused by the force of an initial collision between two cars.

Let’s say you are sitting at a red light. You will be Driver A.

Suddenly, Driver B comes speeding behind you, not paying attention to the red light, doesn’t stop in time, and hits your car from behind.

The speed and impact of your collision with Driver B cause your car to move forward and hit Driver C. Driver C is also forced forward, causing their car to hit Driver D.

Then, Driver E comes up and collides with Driver B.

By the end of it, we have several cars all involved in the same accident.

Multi-car accidents sometimes involve several drivers driving carelessly, making it challenging to win a personal injury claim pertaining to the accident.

Bleeding and traumatized passenger sitting in a car and calling for help

Proving Fault in a Multiple Car Accident 

It’s challenging to win a personal injury claim in a multiple-car accident because you have to prove fault first.

Proving fault is essential for winning claims and lawsuits.

Whoever is proved to be at fault for the chain reaction accident will be legally obligated to compensate all injured parties for their damages.

But, every insurance company will defend their client and try to prove they were not at-fault, or at least only partially at-fault.

Add in multiple victims and insurance companies, and things can get dicey.

And, if you are in a state with a comparative fault law, proving fault is just as important.

Comparative fault will decrease the injured party’s compensation related to the amount of fault they were assigned in the accident.

And many times, if you were deemed to be 50% at fault or more, you will not be able to collect any damages, even if you were severely injured.

So, Who Was At Fault? 

The last person involved in the chain-reaction crash isn’t always at fault. In fact, they are usually assigned the least amount of responsibility.

Whoever caused the initial wreck is usually held liable for all of the other car accidents.

Theoretically, if they never wrecked, no one else would have either.

Sometimes multiple parties can be found at fault.

A few examples of liability in a multi-car crash are:

  • A car failing to use a turn signal causes another car to rear-end them. The vehicle who didn’t signal would be liable.
  • A driver was driving too close to the car in front of them, resulting in a rear-end collision. The driver following too closely is responsible.
  • A speeding driver collides with another car. The driver who was speeding is responsible.
  • A distracted driver drives through a stop sign at a busy intersection. The driver who ran the stop sign is responsible.

When Multiple Parties Are At Fault

In another situation, Driver A rear-ends Driver B because they were tailgating. Driver A is responsible for the accident.

Another driver, Driver C, comes along, scrolling Facebook on his phone, and doesn’t notice the collision.

Driver C doesn’t stop in time and collides with Driver A adding to the collision. Because Driver C was driving recklessly on his phone, he is liable for the damage to Driver A’s car.

When multiple vehicles are affected in a chain reaction accident, things get confusing, and problems start piling up.

When two or more vehicles are partly responsible for damage to multiple cars, it can be difficult to assign fault and award compensation.

Figuring Out the Cause of a Chain Reaction Accident

In a perfect world, everyone involved in the car crash, as well as eyewitnesses, will agree on what happened. Fault will be assigned, compensation is awarded, and everyone gets on with their life.

Unfortunately, though, we do not live in a perfect world.

The vehicles involved in the accident and the eyewitnesses can have several different accounts of what happened, even if they aren’t acting maliciously.

To figure out what happened, a lawyer will compare the witness statements to the statements of the parties involved and compare them to physical evidence from the scene of the accident.

Things that will be investigated are the damage to each vehicle, skid marks, how many times each driver was hit, and when the collisions occurred.

A good accident attorney will be able to put the accident together piece by piece, making sure you get the compensation you deserve for your vehicle damage and medical bills.

If You’ve Been Involved in a Multi-Car Accident, Hire a Lawyer

Figuring out who is liable for a multiple-car accident is complicated. It isn’t something you should attempt to do on your own, especially if you are injured.

Not only do you have to deal with the other drivers in the accident, but you have to deal with their insurance companies and lawyers as well.

The more blame that can be placed on you, the less everyone else has to pay out.

To protect yourself, you need to hire an experienced car accident attorney who will keep your best interests in mind.

The Brown Firm has years of experience helping people just like you.

The Brown Firm offers free consultations to all new clients so they can evaluate your case and help you determine the best course of action.

To schedule your Free Consultation and free case evaluation with The Brown Firm Car Accident Lawyers, click the button below.

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Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Can I Sue For Being Hit By A Semi-Truck?

As we leave out houses each morning to begin our daily commute, it is fair to assume that you will be sharing the road with commercial trucks that are much bigger than your car or truck.

Fortunately, these drivers go through hours of vigorous training to know how to operate their vehicles and commit to following their unique rules of the road.

However, we are all still human, and mistakes will be made.

A car accident with another passenger vehicle is scary enough, but when you’re in an accident with a semi-truck, it can be downright terrifying.

If you were in an accident caused by the negligence of a truck driver or the company they work for, you might be entitled to financial compensation.

Whether or not accident victims can sue after being involved in an accident with a semi-truck depends on the circumstances surrounding your accident.

You may have legal options you can pursue that a person in a typical auto accident wouldn’t.

That is why it’s essential to hire an experienced truck accident lawyer after an accident with a semi-truck.

In the article below, we will explore whether you can sue, and who you can sue, after being in trucking accidents.

 

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Semi-Trucks Are Extremely Dangerous

All trucks are classified by weight.

The classifications run from 6,000lbs, which is your average pickup, to 33,000lbs, which is the weight of your typical semi-truck.

Judging by these weights, you can see that not even a large pickup stands a chance against 18-wheelers in an accident.

In every accident involving a semi-truck, the smaller car takes the brunt of the damage.

The semi-truck driver is often left unharmed, while the smaller vehicle driver suffers catastrophic semi truck accident injuries, or worse.

Semi-trucks are a significant threat to the other drivers they share the road with if the proper safety precautions aren’t taken.

truck driver

What Do You Do If You Get Hit By An 18-Wheeler?

If you’re seriously injured after getting hit by a semi-truck, your only priority should be your health. You need to get quality care as soon as possible.

But if you are lucky enough to escape with minor injuries, there are a few things you can do to help with a personal injury case.

Stay At The Scene Of The Accident

You should never leave the scene of an accident before the authorities can arrive.

In some states, it is illegal to leave the scene, and if you do, you will face the consequences.

If it’s possible, leave your vehicle as-is and don’t move it after the accident. This will help preserve the evidence to make it easier to determine who and what caused the accident.

Check For Injuries

Even if you feel fine, you might still have injuries; they just may be masked by the rush of adrenaline in your body.

So always check to make sure you don’t have any visible injuries.

And, it is very common for multiple vehicles to be involved in accidents with semi-trucks, so make sure everyone else is okay as well.

Document Everything

As soon as it’s safe to do so, and everyone has been checked for injuries, you need to document as much as possible.

Take photos and videos of the accident scene, including the damage to all of the vehicles, any skidmarks at the scene, and make an audio recording of what happened during the accident.

Gathering this evidence is crucial because after the accident, your memory will fade as the days go on, and the trucking company will do all they can to prove that they were not responsible for it.

Having evidence gives you a better chance to prove liability for your semi-truck accident.

Also, don’t forget to check your belongings inside your vehicle. Sometimes the contents of your car, like laptops or smartphones, can be damaged as well.

Take pictures of everything in your car that was damaged because those values can be added to your final settlement.

Exchange Information

Now you need to exchange information with everyone involved in the accident.

Your personal injury lawyer will need this information later on, so it’s best to get it right away.

You will need to get everyone’s:

  • Names
  • Phone Numbers
  • Driver’s License Numbers
  • License Plate Numbers
  • Insurance Company Information
  • Insurance Policy Number

It can be tricky to do this after the accident because everyone is a little on edge, but this is still essential information.

Don’t Say Too Much

Finally, you need to say very little after your accident, even to the authorities and your insurance company.

Before you speak to anyone else in detail about the accident, you need to talk to a truck accident lawyer.

Your lawyer will be sure that you don’t say anything to incriminate yourself after the accident.

It’s very common for people to take responsibility for the accident without meaning to do so.

So, cooperate with the authorities, but don’t say any more than you have to.

Multiple Parties Can Be Negligent

Sometimes fault in a semi-truck accident is obvious.

Other times it might not be so easy, especially since multiple parties can be involved.

The driver of the commercial truck is often the most obvious candidate to assign fault to, but their employer may be responsible as well.

If the truck driver was reasonably acting within the scope of their job, and an accident still occurred, the fault could be with their employer.

The truck’s manufacture can even be held liable for the accident if a faulty component on the truck contributed to the accident.

Truck Driver Negligence

Several things can contribute to negligence on behalf of the truck driver.

First, there are federal regulations regarding mandatory hours of service. This means that truck drivers have a specific amount of time to stay on the road before they have to rest.

Not all truck drivers adhere to these regulations for a variety of reasons.

Drunk driving, speeding, and distracted driving are also all contributing factors to truck driver negligence.

There are more examples of how a truck driver can be negligent in an accident.

But no matter how the truck driver was negligent, they need to be held accountable for their actions.

That’s where your personal injury attorney comes in.

Trucking Company Negligence

There are also numerous ways the trucking company can be negligent for truck accidents.

An obvious reason is the shortage of drivers companies are facing. And the long hours on the road away from family make truck driving a hard sell for many people.

The trucking industry faces tremendous pressure to fill positions and meet delivery demands.

This can result in the trucking companies taking shortcuts to fill their open positions quicker.

They may do things like skip the background checks, rush drivers through training, and neglect regular maintenance in their trucks to keep their drivers on the road.

Although we understand the position these trucking companies are in, no shortcut is worth endangering innocent drivers’ lives.

Your Lawyer Will Prove Negligence So You Can Sue

When you enlist the help of a personal injury lawyer near you, you get the benefit of someone that can bring a personal injury lawsuit on your behalf.

It’s essential to contact a lawyer as soon as possible because they will help you every step of the way.

They will help you collect evidence and witness testimony, consult with field experts, conduct additional investigations that can help your case, and handle all of the legal aspects of your lawsuit.

Ready to Talk to a Lawyer Who Has Your Back?

Contact The Brown Firm Today

Truck accidents are severe events.

The only way to be sure if you can sue after being hit by a semi-truck is to speak with an experienced personal injury law firm.

This is why you should contact the experienced attorneys for truck accidents at The Brown Firm after a truck accident.

Don’t speak with anyone, including insurance companies, until you have spoke with a personal injury lawyer about your truck accident injuries.

The Brown Firm will determine if you can sue, who you can sue, and they will make sure you get every dollar you deserve out of your case.

And, you don’t pay any fees until we win.

If you have been the victim of a truck accident, or you have lost a close loved one due to a truck accident, contact The Brown Firm today to schedule your free consultation and get your free case evaluation.

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Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Do I Need A Lawyer For Pain and Suffering?

If someone else has caused you to be injured, there’s a chance it was intentional or at least negligent.

Either way, people who have been involved in something like a car accident typically suffer beyond just their physical injury, whether it’s a broken bone, internal organ damage, or long-term medical illness.

You may also be experiencing emotional pain and suffering that could last months or years into your future.

And with serious injuries, any additional surgeries or necessary medical procedures can be expected to add to your pain and suffering.

Your pain and suffering may also be due to your inability to pursue activities that you once enjoyed.

For example, if you suffer a spinal cord injury, your days as a surfer might be in the past. 

And if you made a living doing a physically demanding job, your days of employment may be over as well.

Now you’re probably wondering if you can be awarded pain and suffering without hiring a lawyer.

While it’s true that it might be possible to pursue a claim without lawyers’ help, it generally isn’t recommended.

With that said, in the article below, we will discuss how to file a personal injury claim for pain and suffering, and if you should use a lawyer.

 

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

What Is Pain and Suffering

Pain and suffering is any mental distress you can seek damages for in your car accident claim. 

Pain and suffering damages are based on the injury you sustained, the seriousness of the pain you suffered, and how the injury affects your quality of life. 

The majority of states consider pain and suffering damages a part of noneconomic damages, also known as general damages, which are intangible losses that are hard to assign dollar amounts to.

Economic damages, like medical expenses and lost wages, are easy to assign dollar amounts to, but noneconomic damages are highly subjective.

car accident

Defining Noneconomic Damages for Financial Compensation

To prove pain and suffering resulting from an injury due to another person’s negligence, you have to understand what constitutes pain and suffering under your state law. 

Pain and suffering is typically defined as a form of noneconomic damage that can include:

  • Disruptions to your usual way of life
  • Debilitating physical impairments
  • Emotional and mental distress
  • Physical deformities or disfigurements

When using a lawyer, you should share your complete medical records with them that support your claim. 

Other damages and their long-term effects can also constitute pain and suffering, depending on what led to your initial injuries.

Life-Changing Injuries That Qualify as Noneconomic Losses

Specific physical injuries can be described as catastrophic when they occur due to an injury caused by another person’s negligent actions. 

Some of the injuries catastrophic injuries include:

  • A Spinal cord injury that leads to full or partial paralysis
  • Amputation of a limb
  • Severe brain damage
  • Traumatic Brain Injury
  • Loss of the ability to communicate effectively
  • Severe burns 
  • Injuries that result in complete loss of eyesight
  • Forced infertility or the loss of reproductive organs

Accidents like these typically result in a forced change to your lifestyle and your employment. 

Again, be sure to share your medical records with your personal injury lawyer. 

Your medical records will also help detail the event that led to your injuries and how much time it would take to recover.

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Whether to Proceed With or Without an Attorney

Depending on your accident and your injuries, obtaining legal representation will likely save you time and money. 

Before deciding to do it on your own, consider the following factors to determine whether you should hire an attorney to represent you.

Related Blog: Is It Better To Settle Or Go To Court For A Personal Injury Case?

The Seriousness of Your Injuries

It’s not uncommon for an insurance company to offer a settlement to cover your property damages and medical expenses in minor car accidents. 

But always beware of an injury that don’t show up right away after minor accidents. You don’t want to settle too soon and get stuck paying for damages caused by your accident.

If you were involved in a severe accident, you need to, at the very least, speak with a personal injury attorney about your case.

The more serious your damages are, the more likely you will receive an underestimated settlement offer by the insurance company.

Sufficiency of Evidence

To support your claim, you will need evidence like witness testimony and supporting documents to make a successful claim. 

If you don’t have hard evidence of your pain and suffering, the insurance company will assume that they don’t exist.

If you’re having a hard time obtaining evidence for your case, you should consider getting help from a lawyer.

Ready to Talk to a Lawyer Who Has Your Back?

Proof of the Other Driver’s Fault

If you are making a claim against the other driver or his or her insurance company, you have to be sure that the other driver was at fault for the accident. 

If it’s obvious that the other driver caused the accident, you might be able to proceed without an attorney. 

But it’s hardly ever straightforward when it comes to determining fault.

So if there’s a dispute about who is at fault, or if the other driver makes a counter-claim, you need the help of an experienced attorney to help you win your case. 

Don’t proceed with your claim against the other driver or his or her insurance company until you are sure that the other driver was at fault.

Calculating Your Pain and Suffering

To be awarded pain and suffering damages, you need to be able to calculate pain and suffering.

You have to state a specific dollar amount for them.

This can prove to be difficult without a lawyer because there’s no set equation used to calculate pain and suffering.

Many lawyers use the “multiplier” method to calculate their client’s pain and suffering damages. 

If you can’t come up with a dollar amount for your pain and suffering damages, you need to contact an experienced personal injury lawyer. 

Your personal injury lawyers will have the knowledge and experience to calculate a maximized amount of damages.

Making a Pain and Suffering Claim on Your Own 

If you want to make a pain and suffering claim without a lawyer, you must start by sending the insurance company a demand letter, summarizing your claim and damages. 

Discuss your pain and suffering damages in your demand letter, and support them by including relevant documents and evidence.

Supporting Documents

To prove any type of personal injury claim, you must first have evidence that supports it.

You’ll have to obtain medical records and a police report yourself if you choose to file without a lawyer. 

The following documents, if available, should also be included with your demand letter:

  • Medical bills and records
  • Doctor’s note
  • Police report
  • Witness statements
  • Photos of the accident

Statement On Your Pain and Suffering

You will also need to state how you put a value on your pain and suffering damages. 

This is typically done by explaining how your pain and suffering has impacted your daily activities.

When discussing your pain and suffering with the insurance companies, consider the following:

  • Severity of your injury
  • Location
  • The nature of any scarring or disfigurement
  • Recovery time needed
  • Potential for ongoing consequences
  • Amount claimed in special damages
  • Socio-economic factors
  • Your state’s damages cap

Get Professional Legal Help With Your Pain and Suffering Claim

When deciding whether or not to pursue pain and suffering damages with or without a lawyer, you should carefully consider the above factors. 

Many people opt to pursue damages on their own because they think they will save attorney fees.

However, an experienced personal injury lawyer will maximize the number of damages you can recover and make sure nothing is done to decrease your claim’s value.

Contact The Brown Firm Today 

You are not alone. The Brown Firm can help you fight against the people or company that is affecting your quality of life by offering you a free case review.

We are prepared to help you now. The experienced personal injury attorneys at The Brown Firm have helped countless people in your situation.

Please do not hesitate to contact us for more information.

We offer free consultations to all of our clients so our experienced attorneys can offer you legal guidance regarding your specific circumstances.

To schedule your Free Case Evaluation with The Brown Firm, fill out the form below.

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Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Prove I’m Not At Fault In Car Accident

With car accident cases in most states, including Georgia, determining fault is the most critical factor if you need to seek financial compensation for your damages. 

The negligent party in the accident is liable for the costs of the accident. 

That means to recover money for your medical expenses, repairs to your vehicle, and more, you must prove the other person caused the accident, and not you.

However, it can be tricky proving fault when there’s little evidence left available from the accident scene. 

Because of this, you need to understand how to prove you’re not at fault in an accident.

And you need to take the necessary steps if you do get into a car accident. 

In the article below, we will go over several things to consider when proving you were not at fault for your accident.

 

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Look for Traffic Violations

If it’s obvious that the other driver has clearly broken one or more traffic laws, it will be much easier to prove that their negligence led to your accident. 

If you can prove that they were disobeying the speed limits, running a red light or stop sign, or failing to yield the right of way, it will be much easier to prove their negligence.

These are traffic violations that often lead to car accidents. 

If you’re not sure about a specific violation in your state, you can look up the motor vehicle statutes and use that wording in your claim. 

You can find shorter versions of these laws at DMV offices. The full vehicle codes can be found in law libraries and many public libraries.

You’ll be doing yourself a favor if you work with a car accident lawyer for this. 

They can make sure your phrasing is correct and communicated in the best way.

Collect Evidence

To prove fault in a car wreck, you should take pictures at the scene of the accident that can act as evidence and prove no-fault during a case. 

Accident scenes clean up quickly and leave little documented proof that will back various claims made by parties on who’s at fault.

You should take pictures of the damage done to the vehicles during the accident and any debris on the road and the weather conditions. 

This will help prove which angle the impact was made, whether poor visibility due to weather conditions was to blame, or if something on the road contributed to the accident.

If you sustain any injuries, ask a bystander to take a few pictures of your injury for you. 

It may be a good idea to invest in a dashcam that can record the collision and act as critical evidence later. 

Get A Police Report

If you’re involved in a car accident with physical injuries or vehicle damage, you should immediately call the police. 

When the police arrive on the scene, you should let them know exactly what happened. 

When the officer arrives on the scene, they will create a police report of the accident that can be used as evidence later on.

If an officer does not come to the scene for some reason, you need to go to the police station as soon as possible to give them your account of the accident.

This report is vital because it will include if the other driver was cited for any traffic violations. 

It may also include notes from the responding officer about their thoughts on the accident. 

If they believe a driver was at fault, this police report will be valuable in proving liability. 

Insurance companies are also more likely to award a fair settlement if there is a police report of the crash.

Even if you do get a police report, you should still get the contact information of the other driver and any witnesses.

No Doubt Liabilities

Everyone should know about no doubt liability accidents. 

These accidents are defined as an accident where it’s easy to prove fault.

A perfect example of a no-doubt liability accident is a rear-end collision. As a driver, you are required by law to keep a safe braking distance.

That means it’s unlikely that the driver of the vehicle in the front of a rear-end collision can be held responsible for the accident.

Another no-fault accident is left-turn collisions. 

When you’re making a left turn, it is your responsibility to be aware of oncoming vehicles. 

If you’re driving straight down the road, not making any turns or any lane changes, it’s your right of way. You won’t be at fault for any accidents.

Keep in mind that in either case, this no-fault liability will still depend on the circumstances of your accident. 

For example, if you’re in a rear-end collision and your car has a malfunctioning tail light, you are held at fault. 

Never Apologize

Many people are tempted to apologize or even admit some fault out of politeness following the accident.

Never do this. 

Any admission of blame and even an apology can impact your ability to get a full financial recovery.

Of course, you should be courteous and make sure everyone is okay, but never apologize as this can be seen as an admission of guilt.

Keep Quiet

Don’t say much at all until you can contact a good personal injury lawyer. 

This also applies if the other driver’s insurance company contacts you. 

Their insurance company will likely try to get information out of you that they can use against you later. 

Never admit any fault, never apologize, and never make a statement until you can get a legal professional on your side.

Ready to Talk to a Lawyer Who Has Your Back?

Get Witness Testimony

There will probably be individuals who witnessed your crash that will stop to ensure everyone is alright.

These people can turn out to be key witnesses because they are neutral to the accident but can act as strong testimony on how the accident occurred.

Always collect their contact information and record any statement on what they saw.

Check out this blog on who’s responsible if its a multi-car accident

How Can Car Accident Lawyers Help?

The legal process is complex and confusing, and you shouldn’t have to figure it out on your own.

That’s why you need a personal injury attorney on your side that can offer you legal advice and handle your case while you recover from your injuries.

The Brown Firm takes all car accident injury cases on a contingency fee basis.

This allows victims and family members to get the legal help they need without adding to their financial burden. 

If you or someone you love was injured in a crash, call our office today or fill out the form below.

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Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Things You Should Never Say At The Scene Of A Car Accident

Car accidents are far more common than you think. 

It might not seem like much, but the average person will get into a total of at least four accidents throughout their lifetime.

And those accidents are often chaotic, even if they are just minor fender benders. 

After the wreck, you will likely be frazzled, shaken up, or in shock. 

It’ll be hard for you to think straight and make logical decisions. 

That’s why you must know ahead of time what to do, and maybe more importantly, what not to do after a car accident.

Even more important is knowing what not to say.

Saying the wrong thing after a car accident jeopardizes your right to damages or compensation that’s rightfully yours. 

Ruining your chances for fair compensation is the last thing you want to do after a car wreck. 

When deciding who was at fault for the accident, statements made by the drivers to one another, witnesses, or the police are among the most significant forms of evidence.

That’s why it’s important to say as little as possible following a wreck. 

Always speak with an attorney before saying too much to anyone else.

It can be hard to bite your tongue on certain statements, but it’s essential to remain quiet. 

In the article below, we will go over a few things you shouldn’t say after being involved in a car accident.

 

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

I’m Sorry

Completely eliminate the word “sorry” from your vocabulary after a car wreck. 

Saying sorry after a wreck could be taken as an admission of guilt, and it will likely be used against you down the road, even if you weren’t at fault.

It’s a tough habit to break for some, but you must avoid apologizing at the scene of an accident.

Even saying you’re sorry to someone who wasn’t involved in the accident can be used against you. 

For example, even apologizing to someone for creating a traffic jam and making them late for work can be used against you.

Someone close by may think you are apologizing for the accident, and therefore at fault. 

The best thing you can do is avoid saying sorry at all, for any reason.

I’m Not Hurt

Car accidents send your body into overdrive. 

The shock of the wreck sends adrenaline rushing through your system. 

The adrenaline will mask any pains, injuries, or aches that you will eventually feel as a result of the accident.

Just because you feel fine initially, how you feel the next morning might be completely different.

This still causes drivers to assure one another that they’re okay. 

It’s okay to tell someone that you don’t need emergency services called, but you shouldn’t tell someone you aren’t hurt.

The main reason is that you very well might be. 

Auto accident injuries can take hours or days to reveal themselves. 

If you feel perfectly fine after your accident, you should still visit a doctor or chiropractor before making a final judgment on your well-being.

I Accept

If you’re involved in an accident where you were not at fault, the other driver’s insurance company may contact you with a settlement offer. 

The first settlement they offer you represents the absolute minimum that your claim is worth. 

The insurance companies are a business trying to make a profit, so they want to settle the claim as quickly as possible for as little as possible. 

That course of action is rarely in your best interest.

Don’t ever accept the first claim immediately. 

You may have medical expenses that will come up throughout your recovery or other unforeseen expenses. 

You should always consult with a personal injury lawyer to make sure you receive a fair settlement.

Related post: Prove I’m Not At Fault In Car Accident

This Is My Official Statement

You’re going to be asked a lot of questions after an accident. 

Driver and witness reports are the primary records taken after an accident and are essential to the claims process. 

But your official statement should be different than your on-the-scene account.

Once you give your official statement to your insurance company or the other driver’s insurance company, it will be used in all future proceedings. 

That’s why you should prepare your statement with your attorney to ensure nothing is left out, or nothing is included that can be used against you.

Navigating the accident recovery process is complicated and intimidating, especially if you are healing from injuries or dealing with significant property damage. 

An experienced car accident attorney will simplify the process for you to ensure that you get the compensation you need. 

Seek legal representation as soon as possible in your auto accident claims process to avoid other pitfalls that can arise as you pursue a settlement.

If you’re ever in doubt about whether or not you speak about your accident, consult with your lawyer, or hold your tongue.

It’s best not to say anything, and let your attorney handle all of it.

This Is My Fault

This seems like a no brainer, but you also need to avoid admitting fault for the accident. 

When describing the accident, do it straightforwardly without adding any personal opinions into the mix.

This allows the insurance companies to work it out and determine who was at fault. 

Even if you think you are at fault, other factors could put at least some of the fault on the other driver.

Even if you’re being blamed for the accident, don’t accept the blame.

This is another situation where it’s best to say nothing.

You’ll learn more about the accident and whose fault it was by listening to what they say without responding.

Again, even if everything points to the accident being your fault, the other driver may have played a role in the accident as well. 

Always avoid claiming fault in front of the other driver, witnesses, your insurance company, or the police.

I Think

If you aren’t sure about something, don’t say anything about it.

It’s better to say that you don’t know than to say that “you think” you know something. 

Don’t estimate or try to guess the answer, either.

This applies to anything related to your accident, such as the speed you were traveling, the speed the other driver was going, distance assumptions, and other estimates.

Always say you don’t know rather than answering a question by guessing.

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Don’t Say Anything

Auto accidents can be shocking and scary and always unexpected.

However, you can still be prepared if one were to happen. 

In the moments following an accident, it can be easy to get flustered and say something you didn’t mean. 

That’s why it’s important to know what not to say.

The above are common phrases that you should avoid saying after an accident. 

Avoiding these statements can help secure your legal options later on.

There are things you need to do after a car wreck, like exchange contact information and insurance information with the other driver.

But, a good rule of thumb is never to say anything else until you’ve spoken to an attorney, and then let them do all the talking.

If you’ve been in an accident and need a personal injury attorney to evaluate your case, contact The Brown Firm at any time.

The Brown Firm has helped car accident victims get the compensation they deserve for years, and they are ready to help you today.

Fill out the form below to schedule your free consultation.

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Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Can You Be Sued if You Wave Another Driver to Go Ahead?

We’ve all been there. 

We’re sitting in rush hour traffic, and it’s been bumper to bumper for what feels like hours. 

Now a person in on-coming traffic wants to make a left in front of your car. 

So, you decide to be helpful. You aren’t going anywhere anyway.

So you stop, and you don’t move forward in traffic when the car in front of you does, opening a path for the person wanting to make a left across both lanes of on-coming traffic. 

You give a polite wave to the person letting them know they can cross in front of you.

But, there’s a car traveling in the lane to your right that doesn’t see the turning car, and the turning car doesn’t see it. 

So the driver making the left doesn’t see the car, turns in front of it, and gets t-boned. 

You can’t be sued or held responsible for this accident, can you? You were just trying to be nice.

In the article below, we will talk about your responsibility in a car accident if you deice to wave a car through.

Related article: Things to never say at a car accident

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Waving Another Driver Forward

Everyone has waved another driver on at one time or another.

It happens all the time at intersections or in heavy traffic. 

You’ve noticed a poor soul who wants to find a break in the traffic and make his or her way home from work, so you decide to help them out. 

You stop your car and give a little wave, letting the other driver know they can move ahead.

This might make you a nice person. The other driver is undoubtedly grateful, but this also opens you up to legal liability. 

If another car comes along and drives ahead after you wave a driver on, hitting the car you just waved into traffic, you could be held partially responsible for the accident.

When juries are looking at car accidents, they have to consider whether or not a defendant has any legal duty of care in a situation. 

Every time you get behind the wheel of your car, you have a duty of care to be a responsible driver.

If you wave another driver through, a jury may decide that you voluntarily took on some additional responsibility for another driver when you waved them into traffic.

Some states use comparative negligence, which means that juries have to decide precisely how much each party in an accident is responsible. 

These cases often aren’t easy to resolve and could result in a lot of legal wrangling in court.

Unfortunately, there’s only one way to make sure you aren’t held liable for an accident. 

Even if it goes against your instincts, and that driver has been waiting to turn for a while, don’t try to help them out by waving him or her into traffic.

If the roles are ever reversed, don’t accept another driver’s wave as assurance that the way is really clear.

attorney with two clients

Nodle Brothers vs. Wray

In 1980, the Virginia Supreme court adopted a principle from the Nolde Brothers v. Wray trial.

During the trial, the court stated found that, “If a driver’s waving signal was or could be interpreted to another driver as a signal to proceed across lanes of incoming traffic, then the driver who waves has to be certain the other driver can cross safely.” 

The court reasoned that the driver who received the wave was able to see that the other driver was not positioned to see whether there were any vehicles in the other lanes of traffic.

Ten years later, the Virginia Supreme Court confronted the waving issue again.  

In Ring v. Poelman, a driver in the left lane of traffic struck a car that pulled out in front of it. 

The car came from behind a line of traffic stopped in the right lane.  

The driver of the car pulling out claimed that the stopped driver in the right lane waved him out.  

But unlike Nolde Brothers v. Wray, the court found that the driver giving the signal “was positioned that the jury reasonably could find that he could have and should have seen the danger of traffic approaching from the rear in the left turn lane.”

If that was true, and the jury found that the driver being waved out reasonably believed that the wave was a signal to proceed into the left turn lane, the waving driver would have been found liable.

If you ever wave another car in front of you, you could be found liable if an accident or injury occurs. 

Even though it seems like a nice thing to do, you do not want your well-intentioned actions to lead to an accident and injuries. 

If you want to help, avoid making a wave. 

You can leave a gap, giving them the option to go through, but don’t make eye contact or wave people in because you may be held liable.

Waving someone through can indicate that it’s safe, which means you’re assuming liability.

Contact The Brown Firm

Drivers who wave another car in front of them could be found liable if a car accident occurs. 

Helping someone through traffic can feel like a nice thing to do, but you never want your well-intentioned actions to lead to an accident. 

The best advice in these situations is to never wave someone into traffic. 

As mentioned above, you can leave a gap and let them in, but never make eye contact or wave people in.

Waving or gesturing can indicate that it’s safe, which then means you’re taking on a duty/responsibility.

If you’ve recently been involved in a car accident that involved one driver waving another driver into traffic, you should contact a car accident attorney.

The Car Accident Attorney  at The Brown Firm have been helping car accident victims for years, and they can help you with your case.

For a free consultation with The Brown Firm, click the button below.

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Is The Trucking Company Responsible For My Accident Damages?

After being in an accident with a commercial truck driver, you might assume that all of the liability falls on the driver.

But, did you know that you can hold the trucking company accountable for the damages you have suffered?

This makes sense on the surface because companies are generally responsible for the actions of their employees.

But the question of who is liable in a trucking accident isn’t always as straightforward as it seems. 

In the article below, we’ll talk about the issues that determine who is liable after a devastating truck crash.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Factors That Determine Liability

If you’re involved in an accident with a commercial vehicle, determining liability can be a complex issue. 

When you begin to seek compensation for your damages, medical bills, and lost wages in a truck accident, the situation is rarely as simple as filing a claim with the driver’s insurance.

That’s because multiple parties may be liable for different reasons. 

The driver might be liable for driving too many hours. 

The trucking company may be liable for not ensuring their vehicles are adequately maintained or for not properly training their drivers. 

A parts manufacturer could also be liable for a defective product. 

And in some states, you have to first prove that you aren’t liable for the accident.

Figuring out who is negligent in a truck accident can be difficult, especially if you’re not familiar with trucking accident cases and the nuanced law surrounding them.

And if you are injured and trying to focus on your health and medical treatment, it makes everything much harder to begin with.

semi-truck on the road

The “Independent Contractor” Defense

Until 1956, truck companies often shielded themselves against liability by leasing trucks and drivers.

This allowed them to classify those drivers as independent contractors. 

But in 1956, Congress amended the law to prevent trucking companies from hiding behind this tactic.

Now the law states that any trucking company leasing a truck must have exclusive possession, control, and use of the trucking equipment for the duration of the lease.

They must also assume complete responsibility for the operation of the equipment.

The “independent contractor” defense against trucking company negligence has been invalid for decades. 

However, defense attorneys still try to raise it in court from time to time.

That’s why it’s essential to have an experienced trucking accident lawyer on your side who can quickly dismantle this argument.

Did the Truck Driver Act Within the Scope of Employment? 

In some cases, a trucking company will only be held liable for an accident if the truck driver acted within the scope of their employment when the accident occurred. 

The courts will look to state agency laws to decide whether or not this is the case. 

These laws vary from state to state, but there are common factors determining the court’s answer to this question.

They include:

  • The employees intent
  • The nature, time, and place of the employee’s conduct
  • The work the employee was hired to do
  • Incidental acts the employer should reasonably expect the employee to do
  • The level of freedom allowed to the employee in performing his or her duties

 

If the truck driver acts outside of the scope of their employment when the accident occurs, the court may find that they are liable for some of the damages, with the rest of the landing with another party.

If the court in your case examines the scope of employment and if the truck driver was acting as an employee at the time of your accident, your accident attorney can anticipate this issue and plan accordingly.

Determining liability is a small part of the complex process involved in filing a personal injury claim after a trucking accident. 

Because commercial trucks are often devastating and complicated, it’s always important to seek legal advice from a professional trucking attorney.

The Brown Firm’s Truck Accident Lawyers Can Help

The experienced Truck Accident Lawyers at The Brown Firm have been helping truck accident victims for years.

 If you or someone you know has been involved in a truck accident, The Brown Firm is ready to help. 

With a focus on truck accident cases, the team at The Brown Firm has the skills, expertise, resources, and winning record you need to tackle the complex challenges of your truck accident case.

And when you work with The Brown Firm, you won’t pay for fees or case expenses until you’re rewarded a settlement in your case. 

The Brown Firm also offers free, no-risk consultations to discuss the details of your situation. 

Contact The Brown Firm by clicking the button below to set up your free consultation today.

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Who Do I Sue After A Truck Accident?

Truck accidents are, without a doubt, some of the deadliest accidents that occur on the roadways. Truck accidents are different from car accidents for many reasons, but especially that the damage is typically more severe.

Thousands upon thousands of individuals in the U.S. are killed each year, and tens of thousands are injured in accidents with large trucks. 

When a large truck, typically weighing more than 80,000 pounds, collides with a regular passenger vehicle, the occupants of the passenger vehicle are the ones who sustain the most severe, life-threatening injuries.

The Insurance Institute for Highway Safety (IIHS) reported that in 2017, a total of 4,102 individuals were killed in large truck crashes. 

Of those who lost their lives, just 17% were occupants of the 18-wheeler.

68% of the fatalities were occupants of cars and other passenger vehicles involved in the crash. 

Another 14% were bicyclists, motorcyclists, and pedestrians. 

The IIHS also reported that the number of people killed in large truck crashes in 2017 grew by 30% since 2009, just eight years earlier.

In the article below, we will talk about who you can sue if you’ve been involved in a truck accident in Georgia.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Who Do I Sue If I Was In a Truck Accident? 

Trucking accidents tend to be much more complicated than many other types of personal injury cases.  

Numerous laws and regulations govern the industry, and there are often multiple factors that contribute to an accident.

Various parties can be held liable in a trucking accident.

Some of them are:

The Truck Driver

Driver negligence will play a significant role in many truck accident cases. 

Examples of negligence may include speeding, reckless driving, distracted driving, driving while tired, and driving while under the influence of alcohol or drugs. 

The driver may have also ignored the Federal Hours of Service Regulations.

This regulation restricts the number of hours truckers are allowed to be on the road.

The Trucking Company

The company that employs the truck driver can share fault in a trucking accident. 

A way the trucking companies try to avoid responsibility is by claiming that the driver is an independent contractor. 

This is why the working relationship between the driver and the company needs to be carefully examined to determine if the trucking company can be held liable. 

One way a trucking company can be responsible if the driver displays the company placard with their logo inside the vehicle.

This can make the trucking company liable even if the company claims to have an independent contractor relationship with the driver.

The Shipping Company

The company shipping the cargo can also play a role in a trucking accident if they overloaded the truck.

They could also be partly liable if they loaded the truck unevenly. 

Overloaded or unevenly loaded trucks are more susceptible to rolling over or being flipped on their side.

This usually happens when the truck driver encounters heavy winds or other types of inclement weather while traveling at higher speeds.

The Truck Mechanic

Semi-trucks log thousands of miles on the road each month. 

This is why proper maintenance is critical in ensuring that all trucks remain in safe driving condition. 

However, there can be times when the party responsible for servicing and maintaining the truck fails in this duty. 

This can easily cause mechanical breakdowns while on the road, putting the truck driver and those they share the road with in grave danger.

The Vehicle Designer or Manufacturer

A vehicle or vehicle part defect can play a role in a trucking accident.

If so, it may be possible to hold the designer, manufacturer, or other parties in the supply chain partly responsible for the accident.

Common product defects that can cause a vehicle accident include brake line failures, tire blowouts, steering system failures, and many others.

Filing a Truck Accident Claim in Georgia or South Carolina

We’ve already mentioned that trucking accidents can be very complicated because the convergence of multiple factors often causes them. 

Things aren’t any less complicated if the accident occurs in Georgia or South Carolina.

Georgia is an at-fault state, which means the person who causes a truck accident, or any accident for that matter, is responsible for all damages. 

Victims of a truck accident can make a personal injury claim with the at-fault party for the damages they face because of the accident.

To make a personal injury claim, you’ll need to know who out of the list above is liable for your damages. 

In car accidents, it’s pretty straightforward, and that person is usually the other driver. 

But since truck accidents often involve truck drivers who are on the job with many other parties in play, liability is going to look a little different.

Call the Truck Accident Attorneys at The Brown Firm in Georgia

If you or someone you know was injured in a trucking accident, there are numerous parties that you may be able to sue for damages. 

To be successful with a personal injury claim, however, you should always have an experienced personal injury attorney in your corner. 

The Brown Firm has extensive experience and a successful track record with even the most complex accident injury cases, including truck accidents.

The Brown Firm works closely with its clients, exploring every potential legal avenue before securing full and fair compensation on their behalf. 

To speak with The Brown Firm about your Truck Accident Case, click the button below.

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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How Truck Accidents Are Different Than Car Accidents

People involved in an accident involving a tractor-trailer soon realize that truck accidents and car accidents are considerably different. 

Truck accidents often cause much worse injuries than car accidents, but they are different in many other significant ways as well.

The lawyers at The Brown Firm realize truck accident personal injury claims require a much different approach.

They require prompt investigation of multiple parties, any of which may bear some responsibility for the accident. 

They also require knowledge of federal and state trucking regulations and trucking industry trends, which may shed light on why and how the crash occurred.

These factors alone make it more difficult to recover compensation that you are due after being injured in a truck accident. 

In the article below, we will examine how truck accidents differ from car accidents.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Trucking Accidents Result in More Severe Injuries

The truth is, crashes involving large trucks tend to result in catastrophic personal injuries, including death. 

Check out this related blog on Fatal Truck Accidents. 

This is mostly due to the size of the truck compared to the size of standard passenger vehicles.

Other factors contribute to the severity of truck accident injuries, including:

  • Large trucks needing a greater distance to stop than passenger vehicles. Tractor-trailers can’t stop on a dime like many passenger vehicles can, resulting in more accidents.
  • Large trucks need more room than passenger vehicles to navigate a turn, which makes them susceptible to tipping. If a large truck tips, it will likely crush a nearby passenger vehicle.
truck-accident-lawyer-near-me-in-georgia

Going After a Trucking Company

Having to take on a trucking company probably the most significant difference between truck accidents and car accidents. 

When a semi-truck is involved, the lawsuit involves the trucking company. 

Since some state laws allow you to sue more than one entity in a single accident, you could have a case against the driver and the truck company. 

When your claim is against the trucking company, you will be dealing with a very aggressive insurance company and their experienced lawyers. 

The lawyers are who represent the trucking companies are highly trained, and their goal is to avoid paying out large settlements with these accidents. 

This is a significant reason why it’s so essential to have a personal injury attorney on your side.

Your attorney will be able to level the playing field with these trucking companies and their lawyers. 

Dealing With Different Causes

Settling disputes associated with trucking accidents are not always simple and straightforward, primarily because of the added possible causes of an accident. 

With the average automobile accident, the cause is usually human error.

Things like a driver failing to stop at a red light, changing lanes without signaling, or driving distracted are leading causes of car accidents. 

However, with trucking accidents, a significant amount of the responsibility for an accident will still fall on the driver, but maybe not all of it.

The responsibility of the driver may be indirect, and it may also implicate the trucking company, making them partially or fully liable for the accident.

Equipment failure plays a significant role in causing trucking accidents. 

But, equipment failure does not automatically free the driver from liability. 

A truck driver can still be held responsible for equipment failure because it is the driver’s responsibility to conduct pre-trip inspections, ensuring that all equipment is healthy and functioning correctly. 

The failure of equipment that should have been inspected by the driver before their trip can result in the driver being held responsible.

The equipment failure could also implicate the trucking company.

If it can be proven that the company acted negligently by failing to ensure that the truck was properly maintained, the trucking company can be held liable. 

If possible, the victim of a trucking accident should take as many pictures of the accident as possible, especially when it comes to indications of equipment failure or driver error.

Compensation For Damages Incurred During a Truck Accident 

The law allows for a person who has been injured or has incurred property damage as a result of a trucking accident that was not their fault to be compensated.

Truck accident victims should be compensated to the point that will place them back at the position, financially and physically, that they were in before the accident. 

Determining what this means can be complicated immediately after the accident, especially if there are injuries.

The person who has been injured or had their vehicle damaged by an at-fault truck driver will have the option of recovering damages by suing the parties involved. 

Similar to car accident victims, trucking accident victims have the right to be compensated for medical care, nursing home costs, rehabilitation, domestic services, loss of earnings, and loss of earning capacity.

The truck accident victim is also entitled to damages associated with pain and suffering, inconvenience, emotional suffering, and loss of consortium or diminishment of relations with a spouse. 

Depending on where the accident took place, there could be limitations on the amount of non-economic damages that can be rewarded to the victim.

Truck Accidents Are Complex

It goes without saying that truck accidents are complicated and far more complex than other auto accidents. 

The likelihood of severe injury combined with large insurance policies, highly trained lawyers, and federal regulations often results in intense legal battles that require experienced attorneys. 

The attorneys at The Brown Firm are some of South Carolina and  Georgia’s best attorneys for truck accidents.

They have represented hundreds of semi-truck accident victims, and are prepared to serve you as well. 

To get started with The Brown Firm, click the button below for a free consultation.

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Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Protect Your Legal Rights After A Car Accident

Because car accident cases happen so frequently, they are some of the most prominent cases in the civil justice system. 

That means many people go through the process hoping to recover compensation for their damages sustained during the accident.

Like any legal matter, the steps you take after a car accident can be crucial in protecting your rights. 

As soon as the crash occurs, the things you do will play a role in how successful you can be filing a lawsuit. 

You need to ensure you’re doing all the right things and avoiding some common pitfalls that damage claims after a crash.

Individuals who suffer injuries in a car accident need to know the most effective ways to safeguard their best interests. 

In the article below, we discuss several steps you should take after an accident to protect your right to legal action against the negligent driver.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Move Your Vehicle to the Side of the Road and Make Sure Your Passengers Are Okay

Even after an accident occurs, you may still be in harm’s way. 

Unfortunately, not everyone is willing to stop or slow down when approaching a crash. 

Please stay inside your vehicle until it is safe to get out and assess the damage.

If at all possible, you should move your vehicle to the side of the road. 

If you can’t, you may want to wait until emergency services reach your location before getting out of the car.

However, that can be dangerous as well, so you should call emergency services as soon as you can.

If you have passengers with you, make sure they are okay. 

Be sure to include the injuries they’ve sustained when you call for emergency services. 

Reporting injuries can help get paramedics on the scene who can start providing treatment.

car accident with tow truck and police motorcycle

Call The Police

Once the police arrive on the scene, they will get your statement for their report. 

Give them the facts as you recall them, but make sure you don’t say anything that might indicate responsibility on your behalf. 

Accident victims are often disoriented and in shock after a crash and often get critical details wrong. 

You should take down the names and badge numbers of the officers on-scene and request a copy of the police report.

The police report will help determine the liability of the car accident.

Speak With Witnesses and Take Pictures 

If you notice any witnesses, you should take some time to speak with them.

Get their contact information so you can provide it to your insurance company and legal team. 

Witness testimony can be very beneficial as evidence.

When you speak with the witnesses, ask them if it’s okay for your insurance company to contact them. 

You also want to make sure their statements are consistent, so they’re not jeopardizing your claim.

You can also pictures of your own to help build your claim. 

You should take pictures of the scene of the accident and the area around it.

Your pictures might show signs of negligence, such as skid marks, if the other driver had to slam on their brakes after speeding.

You also need to take pictures of all internal and external damage to your vehicle and the other driver’s car. 

By having these photos, you can have an accident reconstructionist look at the details of the damage and help show negligence.

Finally, you should also take photos of your physical injuries so you can show the insurance adjuster what damages occurred to your person.

Related Blog: Can you be sued for waving some on?

Get Medical Help

If you need a paramedic on the scene, make sure you mention it when you report the accident to the authorities. 

Getting medical help from the paramedic immediately after your accident will allow you to start your recovery.

You may also need to go to the hospital or emergency room following the crash if your injuries don’t immediately show themselves.

With medical help, you will also receive medical records that aid in your pursuit of compensation. 

Medical records can prove that your injuries were a result of the accident and the other party’s negligence.

Speak With a Car Accident Attorney

When you need to file a claim, it’s in your best interest to speak with an attorney about your accident. 

Having an experienced car accident attorney during this process will help you immensely during the entire process.

Your lawyer can protect your rights when you need it most.

And, if you’ve been injured, they will let you focus on your physical recovery while they handle everything else.

At The Brown Law Firm, they have an experienced team of attorney’s that will help you from start to finish. 

The aftermath of a car accident can be devastating, and The Brown Firm will make sure you are compensated for your damages.

Contact The Brown Firm today so they can protect your rights and hold the negligent parties accountable. 

To get started with The Brown Firm today and receive your free consultation, click the button below.

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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How Fault and Liability Is Determined In A Car Accident

There’s a pretty good chance you are going to be involved in a car accident at some point in your life.

Hopefully, it’s nothing major, and it’s something you can walk away from. But, it could also be a severe accident that requires extensive medical attention.

No matter how severe the accident is, someone always has to be assigned fault.

Sometimes it’s obvious who’s at fault, while sometimes it’s not. Like most things in life, gray areas exist when it comes to determining fault in a car accident.

The intricacies of assigning fault are highly subjective. Laws and practices vary by state and by the insurance company, so the specifics of your policy really matter. 

In the article below, we will explore how fault is determined in car accidents.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

What Is Fault in a Car Accident? 

It seems simple enough, right? Fault is simply who the perpetrator of the accident was. 

If you’re rear-ended at a stoplight, it’s easy to determine fault because that accident is much more clear-cut than a situation in which blame could go either way. 

After a collision in which multiple drivers are pointing fingers at one another, things can get complicated.

It’s ultimately the job of the insurance company to determine who or what caused the wreck so they can determine who pays. 

But it’s still not that simple. Every insurer handles coverage and claims differently, and each U.S. state has its laws about what car insurance must cover and how fault is defined and determined.

It’s never quite as simple as you may think.

No-Fault State vs Fault States

Insurance laws vary state by state. Some states are what is referred to as “no-fault” states, and the rest are “fault” states or tort states.

In no-fault states, each driver turns to their auto insurance for coverage for medical expenses no matter who caused the crash.

In fault states, insurance companies investigate who caused the crash, and car insurance companies pay for damages based on who is found at fault. 

Drivers sometimes have to sue the other party for damages in fault states.

Almost every state is a fault state. There are just 12 states that have no-fault coverage, and three of them give their drivers the choice of either fault or no-fault coverage.

In the remaining nine drivers don’t have a choice, and they must carry no-fault coverage.

How the Police Help Determine Fault

After a car accident has been reported to the police, the police will investigate the car accident and then the officers will prepare a police report with the details of the accident.

The officer will interview the drivers and witnesses about the car accident in hopes of piecing together an accurate account of what occurred.

The police report may contain a statement about fault for the accident based on the police officer’s professional judgment.

At the same time, many police reports do NOT include a determination of fault. 

Even if a police report states who was responsible for a car accident, this does not automatically mean that the person will be held legally responsible for damages in a subsequent lawsuit.

The police officer might also issue a traffic citation.

While a traffic citation will not ultimately prove who is legally responsible for a car accident, it can be used as evidence that the driver was negligent. 

personal injury lawyer at desk

How the Insurance Companies Determine Fault

Once someone has filed a claim with their insurance company after a car accident, the company will assign the claim to an adjuster. 

The insurance adjuster handles the investigation into the accident and the settlement of the insurance claim.

It’s not unusual for there to be more than one adjuster involved in the process because each driver’s insurance company will select an adjuster to look into the car accident.

Similar to the police, adjusters research the car accident, speak with witnesses, look at medical reports, examine vehicle damage, and verify details about the insurance policies of the drivers involved like coverage amounts. 

The adjusters will determine who was at fault in the car accident, sometimes assigning a percentage of fault to each driver. 

Insurance companies determine fault based on the legal definition of negligence in the state where the accident occurred. 

Negligence occurs when a person fails to exercise the amount of caution a reasonable person would under the same circumstances. 

Related Post: Protect your legal rights after a car accident

What Happens If a Car Accident Case Makes It to Court

Most car accident cases are settled outside of court.

But, if your case makes it to court, a judge or jury will determine who was at fault by considering whether the defendant was negligent. 

While deciding your case, the court will examine evidence and consider arguments from the parties’ lawyer. 

Either a judge or a jury will determine based on the evidence which driver was negligent and must pay money to compensate for injuries and other losses as a result of the accident.

Police reports and insurance companies do not control the outcome of a court case. 

Different rules govern the legal determination of responsibility for a car accident, including precedent from prior cases in the jurisdiction where your case is being heard.

A traffic violation may persuade the court that the party who committed the violation was acting negligently and is therefore at fault for the accident. 

This is known as negligence per se and can be very helpful to your case if you were injured by a driver who violated traffic laws.

Hire an Accident Attorney Today

Car accidents are incredibly overwhelming. 

Dealing with your injuries, the police, insurance companies, and the possibility of a lawsuit can be very challenging.

Luckily, you don’t have to do it on your own.

If you have been injured in a car accident, a car accident lawyer can help. 

They can provide valuable information and legal advice and protect your legal rights and prevent your statements to the police and insurance companies from being used against you.

The Brown Firm Lawyers offer free consultations to those who have been injured as a result of another’s negligence. 

Click the button below to receive your free consultation.

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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How To Investigate A Car Accident

Determining what exactly happened during an auto accident is crucial.

It’s crucial for the insurance companies as well as for the drivers involved. Certain auto accidents can lead to exposure to criminal liability, so knowing what happened is vital.

It’s relatively easy to figure out what happened for certain types of accidents. In rear-end collisions, it is immediately evident that one car slammed into the back of another car. 

Not all accidents are this easy, though. Drivers involved in accidents may not always remember exactly what happened. Or, they may even lie about what happened to shield themselves from liability.

This is why accident investigators must figure out what happened themselves by working backward and reconstructing the accident based upon the evidence that is available to them. 

In the article below, we will look at what exactly goes into a car accident investigation.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Understanding Car Accident Investigations

There are three main groups of people who examine car accidents. They are police officers, insurance company agents, and independent accident investigators. Each has its own purpose.

  • Police officers investigate car accidents for indications of criminal activity.
  • Insurance company agents or adjusters look for who caused the accident and who is responsible for damages.
  • Independent accident investigators look for negligence to recover compensatory damages.

Police involvement is especially important in accidents when the police suspect that drug or alcohol use was a factor in the accident. Police involvement is also essential in situations involving commercial drivers who may have exceeded their hours of service limits. 

Insurance adjusters are employed by insurance companies to investigate the car accident and determine how much money is owed to the victim.

It is often the insurance adjuster’s job to keep that number as low as possible, which is why many people hire car accident attorneys after their accidents.

Independent investigators are usually hired either by the drivers’ insurance companies or by the drivers themselves. 

Independent investigators, unlike police officers, are not looking for evidence of criminal activity. Their job is to analyze the causes of the accident so that insurance companies can determine liability and financial responsibly. 

Independent accident investigators can often be off-duty police officers, retired police officers, automotive technologists, or full-time professional accident investigators. 

Related post: Fault and Liability of Car Accidents

car accident with tow truck and police motorcycle

Examining the Scene of the Accident

Police officers are usually the first to arrive at the scene, and their priority is getting medical help for the injured. Once this is done, officers have the chance to take down preliminary information that might include:

  • The exact location of the accident
  • Date and time of the accident
  • Weather and road conditions
  • Number of injured people and/or fatalities
  • Presence of alcohol, drugs, or suspected drug or alcohol use

Gathering Evidence

Car accident evidence comes primarily from inspections of the site of the accident and inspections of the vehicles involved. 

It is important to inspect the accident scene for evidence before it is compromised by weather, time, or human activity. Most car accident investigators take photos of the scene or use chalk to designate an area that needs further inspection.

Types of evidence that a car accident investigator looks for at the accident scene may include:

  • Puddles of gasoline, blood, or oil
  • Debris such as pieces of glass, fender, shredded or blown tires
  • Skid, scrub or gouge marks on the pavement, ground, or stationary objects
  • Measurements between the point of impact and vehicle resting place after the collision
  • Evidence of alcohol or drug use
  • Pieces of private property that were thrown from the car at impact

When examining the vehicles, a car accident investigator looks for:

  • Their location after the impact
  • Damage to all involved vehicles
  • The position of turn signal levers
  • Broken or missing seat belts
  • Functioning headlights and taillights

There are three types of photographs investigator will take:

  • Establishing photographs that show the entire scene, the approaches to the scene, and a fixed object in the background to establish location and scale.
  • 360-degree photographs show all four sides of the accident scene looking north, south, east, and west.
  • Damage photographs are close-ups of the damage to the vehicles themselves and any items that were struck by the vehicles involved.

Accident Reconstruction

Once the investigator has gathered witness statements and performed the site and vehicle inspections, they can reconstruct the accident. 

Accident reconstruction is the process of using physics and mathematics to determine the speeds of the vehicles and their relative positions at all times during the accident sequence. 

Investigators look at a variety of issues to determine this, including:

  • the pre-and post-impact direction of travel
  • the length of pre-impact skid marks
  • the post-impact distances moved
  • friction levels for the various surfaces the vehicles traveled on
  • point of impact, impact angles, and the weights of the vehicles

As an example, let’s assume that there is a two-vehicle crash involving one vehicle that was traveling south and another car that was traveling west. 

When these vehicles collide, we can assume they will move in a southwesterly direction because that’s a combination of the momentum from both of the cars.

If the accident investigator knows how much each vehicle weighs, how far each vehicle moved south, and how far each vehicle moved west, he or she can then use that information to determine how fast the vehicles were traveling when they collided.

This collision speed can then be combined with the vehicles’ pre-collision speed gathered from skid marks to determine the drivers’ relative pre-braking speeds.

Car Accidents Are Plentiful

Unfortunately, there is plenty of work for car accident investigators in Georgia. More than 1,720 drivers are involved in Georgia car accidents every day, equating to over 70 drivers every hour.

If you were involved in a car accident in Georgia or South Carolina, you might be entitled to compensation for expenses such as medical bills, car repair, and lost pay. 

For a free consultation with one of our Car Accident Lawyer click the button below to contact The Brown Firm today.

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Can Tesla Face Defective Product Lawsuits?

In just a few short years, Tesla has revolutionized the automobile industry.

They’ve been a significant disruption in the traditional gasoline-powered industry, and are looking to make electric vehicles not just an option, but the norm heading into the future.

But their electric batteries aren’t the only things that are revolutionizing the industry.

They are also known for their autopilot feature. That’s right – your car can drive itself.

While it’s not entirely autonomous at the moment, your car can handle some of the leg work while you’re driving down the interstate. It can even park itself in your garage.

But, just like most technology, it isn’t perfect. 

So what happens when the Tesla autopilot malfunctions and someone gets hurt?

In the article below, we will discuss a couple of situations where the Autopilot function did malfunction, and what we can expect heading into the future.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Cases Where The Tesla Autopilot Has Malfunctioned

A driver in Florida has filed a suit against Tesla after his autopilot feature allegedly failed.

That alleged failure caused his 2017 Tesla Model S to collide with a stalled vehicle while he was traveling 80 mph.

According to the complaint, which includes claims for strict liability and negligence, the autopilot system in Teslas cannot reliably detect stationary objects such as disabled cars or other roadway hazards.

This creates a high risk of collisions, injury, and death.

When the accident occurred, the driver was traveling on the Florida Turnpike in his Model S with the autopilot feature turned on. 

He alleged that, unknown to him, he was rapidly approaching a disabled vehicle that had stalled in his lane of travel. His autopilot system failed to detect it. 

He claims that suddenly, and without warning, his vehicle crashed into the disabled vehicle and he sustained severe, permanent injuries.

Tesla was also recently sued by the family of a man who died when Tesla’s autopilot failed to avoid a truck that ran a red light.  

When a person isn’t paying attention and runs a red light hitting you, you can sue him for negligence.  

You hire an attorney, together you make a claim against the other driver, and then the person’s insurance company pays you the money you are owed. 

It’s a relatively straight-forward process.

However, what we are beginning to see based on our examples above, are lawsuits against car manufacturers and GPS guidance systems.

These lawsuits will be for accidents caused not by the failure of a person to control their vehicle, but a failure of technology.

We are bound to see more and more cases like this as more and more people purchase Teslas and vehicles with similar autopilot systems.

Related post: The three types of defective products

A Brief History

The ability to sue automobile manufacturers like Tesla starts with a case from 1916 – Macpherson v. Buick.  

The Macpherson case allowed for the first time for individuals to sue manufacturers of goods for negligent design and production of manufactured goods.  

Before that case, you were not allowed to sue manufacturers of goods put into commerce because you had no privity of contract with the manufacturer.

Coming back to Tesla and the lawsuits we talked about earlier, we have now seen a handful of these lawsuits for manufacturing a defective product against Tesla.  

In a similar case, a driver had Tesla’s autopilot engaged, and it, unfortunately, failed to take any evasive action when a large truck ran a stop sign. The victim was sadly killed in the accident.

Expect to see more and more of these cases as we move into the future.

The Future of Car Accident Cases

This will cause a significant shift in accident litigation.  

Imagine a situation where a driver has auto-pilot engaged, and it malfunctions, causing him to hit another vehicle. Normally the not-at-fault driver sues the at-fault driver for his damages.

In this autopilot era, though, you are going to have the at-fault driver and the other driver bringing claims against the vehicle manufacturer for making and selling a defective product.  

And that is guaranteed to happen because Tesla is better insured and has much deeper pockets than any individual. That means bigger payouts.

But, to prove a products liability case, you must show that

  • The product was defective (usually that involves experts) and maybe more importantly here
  • That the product was being used as intended.

Tesla can make several arguments like its auto-pilot system was not intended to be a set and forget system.  

The driver is supposed to be aware and able to take control of the vehicle at any time.  

The victims will argue that Tesla and its sales staff tout how safe and efficient the system is and tell you with a wink and a nod that you can turn on auto-pilot and take a nap.

We are undoubtedly entering a new era in car accident cases where we will be looking at not only the negligence of drivers but also the reliability of the technology behind the drivers.

lawyer shaking hands

Contact The Brown Firm Today

If you’ve been in an accident involving Tesla’s autopilot system, or any accident at all, you should contact a personal injury attorney.

Once you have your health taken care of, the first phone call you need to make is to your lawyer.

A lawyer will help you navigate the complex legal system so you can be sure you get exactly what you’re owed.

They’ll focus on the law so you can focus on your health.

The Brown Firm’s knowledge of the law and superior customer service is backed by a staff that genuinely cares about you.

Their attorneys have the gratitude, understanding, and compassion for your specific circumstances.

This unique customer service approach that sets us apart from other Personal Injury firms.

To get started with The Brown Firm today, click the button below.

Ready to Talk to a Lawyer Who Has Your Back?

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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How Do I Know If I Suffered Whiplash in an Auto Accident

From a technical standpoint, whiplash refers to a condition that occurs to the neck when the head violently and quickly snaps back and forward in rapid succession. The force stretches the structures of your neck beyond their normal range of motion, which results in a potential injury.

Whiplash is often a delayed symptom injury that transpires after many kinds of accidents, but it’s most common after a car accident, especially rear-end vehicle collisions.

Some people may find it surprising, but whiplash symptoms can appear after a minor accident, where the vehicles involved were driving at less than 14 miles per hour.

Many car accident victims experience whiplash, yet they don’t always seek medical attention right away. Since the symptoms of whiplash don’t always manifest immediately following vehicular accidents, it’s not uncommon that the victim may go for days without noticing any signs of the neck strain injury.

Related post: Is Georgia a no fault state auto insurance

Here’s what you need to be on the lookout for if you’ve been in a car accident.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Neck Pain or Stiffness

Neck pain or a stiff neck are common conditions that can happen at any time, but it’s also a classic sign of whiplash. It occurs after muscles, ligaments, and tendons are sprained or strained by the hyperextension of your head and neck.

The neck is made out of solid bony blocks known as vertebrae, which are joined by discs to give it strength and flexibility. The force from the car accident can jolt your vertebrae out of alignment or fracture them, resulting in sharp neck pain, dull muscular aches, or an inability to move your head fully.

The appearance of neck pain or stiffness may take several hours. In some cases, the pain first develops the day after the accident, but at that time, the level of discomfort may even be worse.

headache from car accident

Arm and Hand Pain, Tingling, or Numbness

Another indication of whiplash injury is the loss of feeling in the arms and hands accompanied by a tingling sensation.

The loss of feeling is a result of damage to the neck or spinal column. Whiplash can cause pinched nerves or damage due to intense pressure, which can lead to tingling, weakness, and numbness emitting throughout the shoulder, arm, hand, or finger.

When left untreated, this problem can cause severe pain and potentially other complications.

Headaches

According to the International Medical Society of Paraplegia, a headache is a common occurrence for those with whiplash injuries, with 60% of patients experiencing headaches.

A whiplash headache is located at the base of the skull, and the intensity of the pain can vary. Most people experience a painful sensation on one side of the head and towards the back, while others feel pain all over their heads. There may also be people who experience a whiplash-related headache on the forehead or behind the eyes.

Jaw pain from car accident

Tinnitus

A collaborative study between the Oregon Health and Science University and the U.S. Department of Veterans Affairs found that tinnitus is a common condition that occurs as a result of head and neck injuries like whiplash.

The jolt of the head creates a pressure wave and leads to post-concussive symptoms such as hearing loss, dizziness, and tinnitus. Tinnitus is a non-auditory noise that can appear in the form of ringing, buzzing, or whistling that nobody else can hear.

The constant ringing sound caused by tinnitus is generated by the damage to the inner ear in your accident. Severe tinnitus can impair your ability to concentrate, leading to confusion, depression, sleep disturbance, and more.

Jaw Stiffness and Soreness

Temporomandibular joints or TMJ are joints that connect the jawbone to the skull, which is critical in providing a person the ability to open and close the mouth. This motion helps in various actions such as speaking, eating, yawning, singing, and even making facial expressions.

In regards to car collisions, even if the force of the accident does not result in physical jaw injuries, it can dislocate the jaw joint or cause TMJ disorder.

TMJ can also create a clicking sound or grating sensation when you open your mouth or chew, making everyday activities such as eating, talking, or even moving your mouth more difficult and frustrating.

Whether your symptoms appear on this list or not, you should be evaluated by a medical professional immediately after your accident.

If you find yourself with whiplash or other injuries after a car accident, don’t let the medical bills pile up and overwhelm you. If someone else was at fault for the accident, you have the right to compensation.

Consult with a Car Accident Attorney from The Brown firm to help you get the compensation you deserve. Visit our website or contact us at 800-529-1441 for a Free Consultation to give you more insight into the nature of your case.

Ready to Talk to a Lawyer Who Has Your Back?

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Whiplash in Car Accidents (Infographic)

Every year, approximately six million car crashes occur in the United States. Every car accident is different, and the injuries victims can sustain can vary from minor scrapes and bruises to much more severe.

Whiplash is a common injury resulting from a car accident. Each year, more than 3 million new cases of whiplash occur. It can even happen with crash speeds below 12 mph. Whiplash is more than just soreness, but severe swelling that should be addressed.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 
whiplash injury after a car accident

What is Whiplash? 

Whiplash is a soft-tissue injury that affects the ligaments, tendons, and surrounding tissues of the neck. It is also referred to as a neck strain or sprain. Muscle tissues are essential to stabilize and support your head: whiplash occurs when they are stretched beyond a reasonable range of motion. This type of injury is very common in car accidents.

After a blunt force by another car, your head could move backward and forward suddenly and violently. This creates a whip-like motion that can stretch and sprain the soft tissues in your neck and result in whiplash

Related post: Who’s at fault for a car accident caused by weather conditions

Causes of Whiplash

Auto accidents are the most common cause of whiplash injuries. These are the type of car collision incidents in which whiplash injuries most commonly occur.

● Rear-End Car Accidents

A rear-end accident is the most common for causing whiplash. This type of crash occurs when a car is hit from behind, causing a sudden jolt forward and backward, causing the same motion for the passengers, which can cause potential soft tissue damage of the neck and cervical spine.

● Head-on crashes

A head-on collision, or also known as frontal crash, occurs when both vehicles hit the front end of each other’s car. Due to the nature of both cars going from a motion state to a sudden impact and stop, whiplash can occur.

● Side Crashes and Side Swipes

Side-impact and sideswipe crashes could also result in whiplash because of the direction the vehicles are sent. These incidents can also cause an abnormal movement in the cervical spine, which can cause a level of soft tissue damage depending on the speeds involved in the collision.

Symptoms of Whiplash

Whiplash-related symptoms can appear the moment a car crash occurs, or it can happen gradually over the course of several hours, days, weeks, or even months after the accident. As the head gets thrown upon impact, the following symptoms of whiplash can occur:

● Neck Pain and Stiffness

● Headache

● Dizziness

● Shoulder or Back Pain

● Arm Pain and Weakness

● Jaw Pain

● Visual Disturbances

● Tinnitus

● Burning or Prickling Sensation

Motor vehicle accident victims can also experience emotional and mental symptoms of whiplash, including depression, frustration, anxiety, stress, anger, drug dependency, post-traumatic stress disorder (PTSD), and insomnia.

Tips to Prevent Whiplash

● Adjust your Headrest

Proper usage of the headrest of your seat carries the most significant impact in avoiding whiplash. Most cars include well-designed headrests that play a substantial role in helping you reduce whiplash symptoms, especially when they are adjusted correctly.

When riding a vehicle, the headrest should be placed directly behind your head. The top of the restraint should align to the top of your head or ears. If the driver or passenger is tall, the headrest needs to be raised to be as close to the top of the head as possible.

In cases where the occupants are too short, it’s perfectly fine for the headrest to be over the top of their heads as long as it’s lowered as far as possible.

● Sit Upright

There should also be as little space as possible between the back of your head and the headrest. Make sure you sit back in your seat until there minimum space between the headrest and the back of your head. As a rule of thumb, the headrest should have no further space from your head than two inches.

● Always wear your seatbelt

Seatbelts complement the work done by the headrests as it keeps the entire body in place during a crash. While it doesn’t prevent the head from jostling, seatbelts can help keep the torso in place. The reduction of jarring and strain minimizes the effects of whiplash despite your car being hit.

● Purchase a car with an excellent rear-crash safety rating

The actual vehicle you’re sitting in when a crash occurs can make a life-or-death difference, so make sure that your car meets the minimum safety requirements set by independent organizations such as the National Highway Traffic Safety Administration (NHTSA) and the Insurance Institute of Highway Safety (IIHS).

These organizations have requirement tests that evaluate the safety aspects of most of the new cars sold to show consumers how well each vehicle tested is likely to protect you in a collision.

● Don’t tailgate

Following the car in front too closely reduces the time you have to react when the driver in front decides to suddenly hit the brakes and can result in a rear-end car accident.

Drivers must maintain a safe distance from a vehicle in front of them, considering the speeds of the cars and the conditions of the road. A good rule of thumb is to allow 10 feet of distance for every increment of 10 mph you are driving.

If you need an attorney that you can rely on after a horrific car accident, don’t wait another minute and contact Brown Firm now. The Personal Injury Attorneys at the Brown Firm will be willing to assist you in any legal matters relating to these accidents.

Contact the Brown Firm today at (912) 200-9755 or visit our website at www.www.harrybrownlaw.com to learn more about our services or receive a free legal consultation. What are you waiting for? Have a free consultation now!

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Steps To Take To Protect Your Legal Rights After An Accident (Infographic)

If you have been involved in a car accident caused by someone else’s carelessness or negligence you have the right to be compensated for all your injuries. The compensation usually comes out of a settlement of your car accident claim with the at-fault party’s insurance company or through a lawsuit.

Taking legal action can bring a satisfying resolution and some financial relief, but it’s also a challenge to settle a car crash claim when you want to spend your time on recovering from your injuries.

However, the appropriate support for your claim and an equal amount of patience and persistence is enough to receive the monetary compensation you are entitled to.

Below is a list of actions to protect your claim to secure the maximum compensation you may receive the full compensation that you deserve for your medical expenses, financial losses, and pain and suffering.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 
what to do after a car accident

Be Careful About What You Say

A car collision or any other type of accident is a traumatic and frightening experience that gets people shaken up and the adrenaline flowing that it’s not a good position to say or do all that the right things.

However, drivers still need to be careful about the things they say. Even blurting out something like, “I’m sorry” as an expression of sympathy can be taken as an admission of guilt.

Apologizing is considered as strong evidence that the speaker thinks they caused the accident. While there might be a chance that they did cause the accident, a closer look at the circumstances can determine that the other party or both are to blame.

The wrong statement can rarely help when it comes to the insurance claim or law process. It can even hurt your case; so be careful about what you’d say to others.

Do Not Jump at the Early Settlement Offers

Insurance companies often reach out with an offer after a motor vehicle accident. Victims often need money to pay mounting medical bills and replace lost wages that they become tempted to immediately settle the dispute before getting a chance to think about their best options.

Of course, this will be a massive win for the insurance companies who are mostly looking out for their bottom line. They often offer less than what the victims are entitled to under the policy as part of trying to minimize the settlement offer.

But despite the need for immediate payment, injured victims shouldn’t accept this offer without speaking with an attorney about your rights.

Collect as Much Evidence You Can

Car crashes often have a chaotic aftermath that often results in a few injuries that may require immediate medical attention. While getting the injured the medical treatment that they need should be the main priority, taking the time to document everything about the accident is vital for your compensation.

After an accident, police often conduct their investigation and compile it under a single report documenting the incident. But while some police officers are thorough in their investigation, others are not, and you do not want to lose evidence for vital witnesses by relying on the police report.

Since good evidence is the key to winning your claim, the following information and files can increase the possibility of obtaining a settlement that compensates you for your injuries.

Contact Information

Obtain contact information for the driver and passengers. Exchange numbers, addresses, drivers’ license numbers, license plate numbers, and license provider and policy number from all drivers involved. In talking to other drivers, try to be cordial and cooperative.

Witness Accounts

The more witnesses who can corroborate your version of events will make your claim stronger. If there are witnesses, make sure to get their names and contact information. Get a sense of what they saw to happen by asking questions and soliciting information and ask if they will be willing to put their statement in writing or give a verbal statement.

Photographs

Since most people have cameras on their phones, anyone can easily take pictures with just a tap on their phone. You need to photograph the scene of the accident, any damage to your vehicle or the other party’s vehicle, and any apparent injuries you have sustained.

It will also be essential to photograph the surrounding scene of the accident, such as a traffic light, sign, or lack thereof that contributed to the accident, especially if it disputes liability.

Photos taken with smartphones automatically has the date of when it was taken for when they need to be authenticated. In the unlikely chance that you don’t have your phone with you, you can ask the witness if they will be willing to take pictures.

Medical Documents

Medical records are the critical element in recovering the damages from the responsible party or their insurance company.

It serves as evidence for your injuries in the accident as a medical professional can provide the cause of the injuries and medical treatment that you want to be compensated for as well as the probability of future treatment you may need for your injuries.

The copies of your medical reports and bills will also help prove your medical expenses later.

Take note of the doctors, physical therapists, chiropractors, or other medical professionals that you receive as well as the medical providers that referred you to other caregivers. Keep a detailed account of the treatments and medications.

Documenting your medical expenses can be done easily, but pain and suffering are much more challenging to prove.

A journal recounting the impact of your injuries on your daily life should be helpful. In your records, including missed workdays, any routine activities you have to miss, and descriptions of how it affected your family life.

Other details that should be documented are the name and contact details of the adjuster in charge of your case, as well as the receipts of all the expenditures that you might have incurred at a later stage so that it is easier to total the amount of your claim.

Contact an Accident Attorney

The most important step you can take to protect your legal rights is to consult with an experienced Personal Injury Attorney. A good lawyer can handle all the legal aspects of your claim and obtain all the necessary paperwork and documentation needed while you focus on your recovery.

Our skilled Car Accident Attorneys at the Brown Firm will be willing to assist you in any legal matters relating to these accidents. Contact The Brown Firm today at (912) 200-9755 or visit our website to learn more about our services or receive a free legal consultation.

Want to read another blog from The Brown Firm? Check it out here:  Is The Trucking Company Responsible For My Accident Damages?

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Who’s at Fault for a Car Accident Caused by Weather Conditions

Car accidents cause a lot of unwanted physical, emotional, and financial stress. There are many accidents that happen in normal weather conditions due to recklessness and distractions. But even drivers who are attentive and safe can become the victims of accidents in bad weather conditions.

Out of the 5,891,000 vehicle crashes that occur each year in the United States, the Department of Transportation found that approximately 21% of these crashes are related to bad weather.

Inclement weather creates dangerous driving conditions. Weather conditions like fog can affect your ability to see, which can make driving unsafe. Other weather conditions such as rain, ice, and snow can create slick pavements from the mixture of moisture, oil, and dust on the roads’ surface.

Although most people think of cold and/or wet conditions as being dangerous, even on sunny days the sun glare can cause visibility impairments and be hazardous.

Since driving is dangerous during adverse weather, many believe that they should not be held accountable for an accident that happens due to conditions they cannot control.

Unfortunately, insurance companies don’t share the same beliefs, so drivers might wonder who’s at fault when these types of accidents occur.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Liability in a Weather-Related Motor Vehicle Crash

While bad weather may be the cause of a weather-related car accident, pursuing it as the culprit for your accident can be difficult.

Depending on the circumstances, the individual operating the vehicle that caused the accident can’t use the weather as an excuse and will typically be at fault.

Drivers are expected to stay off the roads during weather conditions that are too hazardous to operate a vehicle safely. As a result, they have to take full responsibility for themselves, their passengers, and their car should they decide to get behind the wheel under these conditions.

Every driver on the road already has a duty to others to avoid a collision, but they must exercise a higher level of care when driving in bad weather because of the unsafe conditions.

Drivers should take extra precautions to avoid an accident during inclement weather. This means driving under the speed limit, taking turns slowly, using hazard lights, pulling over if visibility is poor, and ensuring that the vehicle is safe to operate.

While road conditions are also considered when a car accident happens, the driver that lost control will generally be responsible for any damages they caused. For this reason, all involved drivers can even be held liable for their damages.

bad weather traffic accident
cars driving on snowing road

How Liability is Determined in a Weather-Related Accident

The key to determining liability for a bad weather car accident is to establish the negligence of the other driver. In this case, negligence is a term typically referred to as instances where a driver does not practice proper caution in hazardous weather conditions.

The following are examples of ways a driver can be found negligent in driving in poor weather conditions:

● Driving with the knowledge of the unsafe weather conditions

● Driving at an unsafe speed that did not reflect on the conditions of the weather.

● Taking a turn at an accelerated speed on slippery pavement

● Not leaving enough distance between vehicles

● Failure to use headlights in poor visibility conditions

Negligence can also be due to poor vehicle maintenance, such as:

● Worn-out tires

● Weak brakes

● Malfunctioning of lights

● Ineffective windshield wipers

Even safe and prepared drivers can find themselves in a car accident. Just as you cannot control the weather, you also cannot control other driver’s actions.

If you believe the other party is at fault in a bad weather accident, you should contact an experienced Personal Injury Attorney. Call the experienced lawyers from The Brown Firm to get the compensation you deserve.

Contact us at (912) 200-9755 to find an attorney near you to get your Free Consultation or click the link below.

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Can You Be Sued if You Wave to Another Driver to “Go Ahead” and they Cause an Accident?

In any congested road, a simple and friendly gesture as a wave can cause fatal accidents. If you’re thinking that a waving accident has something to do with hands making contact after a greeting, you couldn’t be farther from the truth. It has everything to do with a driver waving on another driver, which could be a primary cause of a car crash.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

What is a Waving Accident? 

Truth to be told, this accident is common. Many drivers have probably encountered a scenario wherein two drivers approach the same space on the road. A well-intentioned Samaritan may wave at the other vehicle to indicate that they may proceed.

Unfortunately, sometimes, this well-intentioned wave off leads to a car accident. These accidents can often lead to a lot of questions about which driver is at fault and if the driver’s wave was off enough to make them liable for the damages caused by accident.

Will the Uninvolved Driver Be Liable? 

Determining liability in waving accidents can typically result in a long and complicated court process since state laws on this very controversial issue vary. In some states such as Ohio, waving someone is interpreted as a simple gesture of politeness and nothing else. It’s basically offering another party the right-of-way and not telling them that it’s safe to go.

According to the traffic laws in this jurisdiction, the only people at risk of liability are those involved in the accident, as it’s still their responsibility to decide whether their actions would be legal and safe. The excuse of being told it was safe to drive out by someone else in a different car is irresponsible. Such is the case in Georgia, Arnold v. Chupp in 1956, when a driver of a truck signaled the defendant, Chupp, that it was clear to pass even when it wasn’t. The court held the defendant liable, who had the sole responsibility of observing specific requirements before attempting to pass another vehicle.

However, in states like Pennsylvania and New Jersey, you can be sued for waving another vehicle into a line of traffic, and a collision ensues. This has been the situation since the 1998 case of Thorne vs Miller, which stemmed from an automobile accident that occurred in South Jersey in 1994.

According to the facts presented in the court, the accident occurred on a roadway with two lanes of traffic in each direction. The area was congested and the defendant, Lori Miller, wanted to make a left turn out of a parking lot into the westbound lane of a four-lane road.

Meanwhile, Donald Cook, the other driver, was operating his motor vehicle in the outer eastbound lane. Cook was in front of the parking lot entrance when he waved Miller into his path, indicating that she could pass through to exit. He did not only do it once but twice.

However, Cook’s car wasn’t the only issue. As she passed over the westbound lane, she struck another vehicle whose driver was identified as Rita St. George and a third vehicle owned by Joseph Thorne getting into the collision as well.

The injured parties Thorne and St. George sued both Cook and Miller for the accident. However, Cook’s attorney tried to have him removed from the case before the trial as he never struck anyone. He maintained that his intentions when he made the waving gesture is to be helpful and shouldn’t be held responsible for the accident. The attorneys for the Plaintiff disagreed and argued that Cook owed all drivers a duty of care to be confident that it was actually safe for Miller to enter the roadway before waving her into the intersection.

After reviewing the facts, the court disagreed with Cook. Driving is rife with risks that often lead to death or bodily injury caused by car accidents. As gestures are a standard operating procedure and the risk of injuries from a car accident so severe, imposing duty upon these waving drivers is only fair. Before waving on Miller, Cook could have tried to make sure that the area was completely clear by using his rearview mirror for any cars that were coming up behind him and to his left.

However, this doesn’t point all the blame to Cook. The court only acknowledged the waving gesture to have contributed to the crash, not assign any share of responsibility.

Avoiding Waving Accidents 

Waving or gesturing can indicate that the road is safe, so giving the signal would mean that you’re taking on the duty or responsibility on the other person’s safety. You do not want the consequences to come from your well-intentioned actions. This doesn’t mean that kind gestures or civility on the road is unwelcome. You can still be a polite driver without taking any risks. You can leave a gap and let them in instead of waving people in to avoid liability once an accident or injury occurs.

If you’re on the receiving end of a courteous wave off, you have to be wary of trusting the wave of the stranger entirely as there is always a chance of misinterpreting the other driver’s motions. You should always utilize extreme caution and wait. It’s always wise to prioritize your safety and the safety of others on the road.

If your attempt to be a courteous driver went wrong, you can consult our skilled Georgia Truck Accident Attorneys from The Brown Firm for any legal advice and handle your automobile accident case. Contact us at (912) 200-9755 or visit our website to get started with your Free Consultation.

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How Truck Weigh Stations Keep Drivers Safe

Trucks that drive on the interstates often come across signs along the highway with “weigh station” written on them. Weigh stations are a stationary or portable scale situated alongside the road to weigh a truck’s load anytime during their freight haul.

There are several systems used to weigh trucks, including concrete decks, digital scales, portable truck scales, wheel-weighers, and more. Each has its various application depending on the weight limits and whether or not it is a permanent or temporary installation.

If there are any problems, prepare for a bit of a delay as it will lead to a more detailed inspection. Any faulty or missing equipment can lead a truck being declared out-of-service until repairs are made, while a problem with your logbook can get you pulled off the road for hours until it’s sorted out.

As a result, you have to pay close attention to the weight, load, overall dimensions, and equipment of the truck as well as your paperwork to help get through inspections quicker so you can get back on the road.

Besides adhering to federal weight regulations, safety is an essential reason why commercial trucks have to be absolutely weighed.

Truck accidents have devastating consequences for the victims. In 2017 alone, 4,102 people were killed in large truck crashes. It’s why the DOT and many states ensure that that truck drivers are traveling with a safe load to keep our highways safe with weigh stations.

Here are several ways truck weigh stations keep drivers safe.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Structural Road Safety

All interstate trucking regulators across the country impose certain limitations that aim to preserve the reliability of the road networks, including the weight that the trucks are allowed to haul.

A truck that is heavier than the restrictions for the road they are traveling can do significant damage over time, resulting in increased maintenance and transportation costs.

Federal law dictates trucks must weigh below 80,000 pounds, but it could differ by state.

Several factors decide the weight limit, including the weight limit of the weakest structural section of that interstate.

The most vulnerable spots are usually the bridges or overpasses, so while roads can handle more weight, the weight capacity of a bridge might vary.

This creates a safety issue as it causes an uneven road surface that leads to all sorts of destruction and accidents injuring drivers, passengers, and pedestrians.

Weigh stations ensure that overloaded trucks on the road are mitigated.

weigh station sign

Vehicular Safety

Besides structural road safety, vehicular safety is also the cause for weighing trucks.

The more weight you pile onto a truck, the less safe it is to drive.

Overloaded trucks threaten road safety and contribute to unnecessary loss of life on our road as it is difficult to control when going downhill, cannot be maneuvered quickly, and needs much more space to come to a full stop; this presents a danger to both the operator and other drivers on the road.

Also, if the weight is not well dispersed and too much is toward the front or the back, this can affect the performance of the truck dramatically. As such, cargo trucks are required by law to maintain its load within specified capacities of the truck they are operating.

Ultimately, weigh stations are critical for reducing crashes along with injuries and fatalities on our roadways. However, unexpected accidents are often unavoidable. If you have been injured in a truck accident in Georgia, you are entitled to recover full compensation for your pain and suffering.

Related Blog: Is the trucking company responsible for my medical bills if I am injured in a truck accident? 

For a free consultation with a Lawyer for Truck Accidents at The Brown Firm can be consulted for legal advice and help you get the compensation you deserve. Contact us at (912) 200-9755 for a Free Consultation to discuss the nature of your case.

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The True Risks of Distracted Driving

Driving cannot be done safely unless the task has your full attention. Anything that can take your attention off the road can increase your chance of being involved in a motor vehicle crash.

Each day, approximately nine people are killed while more than 1,000 have been injured in crashes caused by a distracted driver. In motor vehicle crashes involving a distracted driver, approximately 319,000 people were reported to be injured in United States wrecks.

In 2015, there were 3,166 people killed in distracted driving crashes; in 2017, distracted drivers were the cause of 9% of fatal motor vehicle accidents.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

 

Keeping your eyes on the road can significantly prevent the risk of any tragedies from happening, but even the most careful drivers can get to car accidents.

If you or your loved one have been injured in a car accident, contact The Brown Firm today at (9122009755 to learn more about our service or schedule a Free Legal Consultation or click the link below.

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Is Georgia a No Fault State Auto Insurance

Insurance laws are different depending on which state you live in. Some states are known as “no-fault” states, while others are considered “at fault” states. It’s essential to know and understand the insurance laws regarding the state that you live in. 

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

What Is No-Fault Insurance?

No-Fault Insurance means that your car insurer will pay some or all of  your medical bills and lost wages if you are involved in a car accident. This is regardless of who was at-fault for the crash. 

At-Fault Insurance means the person who caused the accident, whether it was intentional or not, will be held responsible along with their insurance company for any injuries and damages that occurred to the other driver(s). 

If you were involved in a Car Accident in Georgia, then your accident occurred in an “at-fault” state. There are only a handful of states that are considered to be “no-fault” states. 

Related Article: Dangerous Product Recalls in 2019.

 

Georgia is an At-Fault State

Georgia, like most other states, is considered an at fault state. This means, when you’re involved in an accident, as long as 51% or more of the fault can be placed on the other driver, you will not be held responsible for the damages that occurred in the accident. 

Georgia has a very specific type of fault known as “proportional comparative fault.”  This means, that each driver involved in the crash has a percentage of the blame.

So, it must be determined that one of the drivers is at least 51% at fault for the crash.

If this happens, the driver who owns the majority of fault for the accident is unable to seek compensation from the other driver. 

This is an excellent example of why it’s so crucial to have a police officer come to the accident scene so they can determine who is at fault so that the other driver can seek compensation for their losses. 

Proving Fault 

Since we now know that Georgia is an “at-fault” state, it will need to be proven who is indeed at fault for the accident. 

The most significant problem people run into when they are involved in an accident is trying to take matters into their own hands.

Now, maybe the person who hit you is very friendly, and they provide you with all their insurance information, you still need to call the police to come to the accident scene. 

This can’t be reiterated enough.

Even though someone may seem genuine, if you do not have a report by a police officer, it will essentially be your word against the other driver’s when you try to obtain compensation for damages or medical bills.

Although, the person who caused the accident may have seemed honest, their insurance company is not going to take your word and give you the money you deserve for your losses.

Insurance companies will try to place at least half or more of the blame on you so they don’t have to offer you any money for damages. Without a police report, you’re going to have a difficult time trying to place more than half the blame on the other driver.

Always remember, if you are involved in a Car Accident, calling the police is the very first thing you need to do.

With police documentation stating the fault of the other driver, you will have a much better chance of obtaining the compensation owed to you. 

personal injury attorney with two clients

Hire a Car Accident Attorney for Legal Help 

If you are involved in a Car Accident in Georgia, it is always in your best interest to seek the help of an experienced Personal Injury Attorney. 

Although it may seem cut and dry because Georgia is an “at-fault” state, that does not mean you won’t need legal help. 

Car Insurance Companies are known for trying to offer the lowest settlement amount possible, if they offer anything at all. It is their job to try and place at least 51% of the blame on you, so they don’t owe you anything. 

Unfortunately, they can twist your words and make you think things that may not be true, and the next thing you know, you agree to an amount that doesn’t cover the cost of your damages, let alone your medical bills. 

When you hire an experienced Car Accident Attorney, you have a much better chance of receiving the maximum amount of compensation that you deserve.

Accident Lawyers have the training and experience to negotiate with the insurance company on your behalf, and they will advise you whether or not you’re being offered a fair amount or not. 

At The Brown Firm, we have a team of attorneys who specialize in representing the victims of Car Accidents on a daily basis. 

Our lawyers work diligently to ensure your case is in the best hands. We are with you every step of the way, available to answer questions and provide legal counsel regarding the insurance company and their settlement offers. 

Our experienced attorneys provide a free consultation to see how we can best assist during this difficult time. We will work with you to ensure you receive the compensation that you deserve. 

If you would like to speak with one of our experienced Car Accident Attorneys in Georgia, click on the link below now. 

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Ridesharing and Car Accidents – What You Need to Know

The rideshare industry has become mainstream for the past few years, with recent technological advances letting people hire a car at the swipe of a finger and tap of a button.

A Statista survey in 2017 indicated that 53 percent of people used ridesharing services, with Uber and Lyft being the most significant companies utilized in the U.S.

While ridesharing services act similarly to public transportation, there are many different regulations which is why some cities and counties have sought to regulate or prohibit ridesharing services from operating in their jurisdictions.

In an effort to find the relationship between ridesharing and traffic safety, researchers from the University of Chicago and Rice University compared official statistics from the National Highway Traffic Safety Administration with the dates when ridesharing companies launched their services across different cities and communities.

 They took a look at different factors such as the accident rates in those cities per vehicle miles traveled, the amount of gas consumed in those areas, the time they spent in traffic, and the number of new cars they registered.

 In general, they concluded that an increase of 2-3 percent in fatal car crashes occurred after the arrival of ridesharing in a city. 

These services’ unique characteristics should be considered to understand how the utilization of ridesharing services changes the nature of traffic accidents.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Increase in Vehicles on the Road

Accident increases are more common in large cities with high populations.

County or municipals typically limit the number of point-to-point transportation vehicles, but because of the availability of ride-sharing services, this will more likely increase the number of vehicles on the road.

 As people are given more transportation options, clogged roads and a higher probability of motor vehicle accidents could take place.

phone on car mount

Different Standards for Drivers for Hire

While ridesharing vehicles operate similarly to a vehicle-for-hire service such as taxis and limousines, ridesharing drivers hold traditional private driver’s licenses not a commercial driver’s license.

Unlike a non-commercial vehicle driver, drivers with commercial licenses are required to undergo a more intensive licensing process with background checks, vehicle-specific tests, a thorough driver history examination, and medical certification.

 As driving a passenger vehicle is a big responsibility that requires special skills and knowledge, an intricate licensing process is necessary to reduce the likelihood of driver error and accidents.

Change the Likelihood of Dangerous Driver Conditions 

  • Drunk Driving

Ridesharing services enable individuals to use their service instead of driving themselves, which decreases the likelihood of motor vehicle accidents occurring due to drunk driving.

Drunk driving has always been a concern across the nation causing 29% of all car accident fatalities. However, some studies claimed that drunk driving deaths fell since the availability of mobile ridesharing services.

A study by the University of California at Davis and Moll Law Group found that mobile ridesharing apps led to a decrease in the number of DUI (driving under the influence) arrests across 10 different cities.

However, researchers from the Perelman School of Medicine at the University of Pennsylvania found that the effect of ridesharing in drunk driving is ambiguous.

While there was a decline in drunk driving while ridesharing services are available, there’s no evidence that these services are the cause of fewer total injury crashes or fewer serious accidents.

  • Distracted Driving

While ridesharing services are said to decrease the chances of drunk driving accidents, there’s still the matter of distracted driving. Ridesharing drivers are more likely to be distracted drivers. They usually have their phones mounted to their dashboards with their ridesharing app open.

A ridesharing app is commonly used to notify drivers of potential clients which often requires to be accepted or declined as soon as possible.

It’s also used for contacting potential passengers. Whereas taxi drivers typically use radio dispatch for communications, rideshare drivers require a phone to communicate with potential clients directly.

Drivers who don’t want to risk losing money and fewer client opportunities in the future immediately attempt to respond and use their phone whether or not they’re on the road.

However, whether the phone is hands-free or not, having a phone mounted on the dashboard will naturally divert a driver’s eyes to the screen and off the road which increases the chances of being involved in an accident. 

No matter the change ridesharing services contributed to traffic and road safety, the bottom line stays the same: ridesharing accidents are complicated. There’s always a concern regarding settlements as it can be unclear if the ridesharing company’s policy will step in first or that of the driver.

Sorting out liability and settlements for these sorts of incidents can be a lengthy and complicated process. Insurance companies have teams of lawyers to ensure the company pays out as little as possible.

Should you or your loved ones find yourselves this situation, hiring a skilled and experienced attorney that has experience with Ridesharing Accidents like the ones from our Georgia Car Accident Lawyers at the Brown Firm can help get you the compensation you deserve.

 Visit our website or contact us at (912) 200-9755 or click the link below for a Free Consultation to discuss the nature of your case.

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Steps to Determine Liability in a Parking Lot Accident (Infographic)

Parking lots are a common sight in the US. Every office building, shopping center, apartment complex, and other establishments have one, so it’s not unusual for accidents to take place in them from time to time.

A staggering one of every five motor vehicle accidents take place in a parking lot, and 14% of all claims of auto damage involve collisions therein.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 
Steps to Determine Liability in a Parking Lot Accident

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How Your Insurance Adjuster Determines Your Settlement Offer

If you’ve been involved in an accident that was no fault of your own, you will likely receive compensation to take care of any damages and injuries sustained.

Luckily, these cases rarely make it to court, and they are settled by the insurance companies.

When you negotiate a claim with an insurance company, you will be working with a claims adjuster.

Before you decide whether to accept or reject an insurance company’s settlement offer, it would be good to understand how the adjuster came up with the number they offer you.

Similar to your attorney, the claims adjuster will want to investigate and get a full understanding of how the accident occurred, the extent of your injuries, and any other damages that occurred.

In the article below, we will examine how the claims adjuster determines the amount of money they decide to offer you for your damages.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

They Talk To The Policyholder

When you make a claim with the insurance company of the person who was responsible for the accident, you’re making a third-party claim.

The first thing the adjuster is going to do is speak to the policyholder to get their side of the story.

After speaking with the policyholder, the adjuster will read the police and accident reports.

They Investigate The Claimant

After talking to the policyholder, the adjuster will investigate the claimant.

There’s a claims database insurers use that will allow adjusters to see if a claimant has ever filed a personal injury claim before.

They may also question witnesses about the claimant, and do a Google search on the claimant to see if there’s any dirt they can dig up to use against them.

They Request Documentation of the Claim

Now the adjuster will contact the claimant’s lawyer to introduce him/herself and request documentation relating to the claim.

They will request documents like medical bills, proof of earnings, tax returns, and proof of property damage.

A good adjuster will go through every piece of paper with a fine-tooth comb, reading every page of medical bills and records to see if anything is missing.

They’ll also see if anything suggests that the claimant has had prior injuries or that the claimant is malingering, or if the lost earnings raise any questions.

The adjuster won’t make a settlement offer and won’t respond to any settlement demands without reviewing everything necessary to value the personal injury case.

They Determine The Value of the Claim

Once they’ve gathered and reviewed all of the relevant evidence, they value the claim.

To value the case, the adjuster has to think about two things:

  1. What are the claimant’s chances of winning at trial if it goes to court?
  2. How much would a jury award the plaintiff in damages?

Damages are divided into two categories: damages that can be calculated liked medical bills and lost earnings, and damages that can’t be calculated, like pain and suffering.

With the medical bills and lost earnings, the adjuster just does the math.

Adjusters will often discount medical bills if they appear to be “soft,” meaning the vast majority of medical bills came from health care providers other than physicians and hospitals.

So, if the claimant had $7,000 in medical bills, but most of it was physical therapy, the adjuster might cut the medical bill claim in half.

They Value Pain and Suffering

This is the most difficult part of the entire process for the plaintiff’s attorneys and the insurance adjuster.

It’s easier to figure out now than it used to be because adjusters can use formulas and specialized software to value a pain and suffering claim.

There’s no need for guesswork anymore.

They Make Their First Offer

Once the adjuster arrives at a settlement figure, it’s time to make the offer.

The first offer will be a percentage of what the insurer thinks is the final value of the case.

The insurer may want the first offer to be only 40% of what the case is worth, but there is no industry standard for this.

Different insurers will have different procedures.

The offer will also vary depending on who they are dealing with.

If they’re working with a plaintiff without a lawyer, you can bet that the offer will be low.

However, if the plaintiff is working with an experienced attorney, the offer will be more respectable.

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Have You Been Injured In A Car Accident?

Now that you have an idea of how the process works, you’ll have a better understanding of why the insurance adjuster made you the offer they did.

However, it is still in your best interest to have an experienced personal injury attorney working with you to ensure that you get every dollar you deserve.

If the adjuster knows he’s up against a plaintiff without representation, they will do all they can to undercut your offer, keeping it as low as possible.

Your lawyer won’t let that happen, and he will fight for you until you get what you deserve.

If you need an attorney, contact the team at The Brown Firm.

They have years of experience helping people injured in car accidents, and they are prepared to help you today.

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Drowsy Driving Is More Dangerous Than We Thought

It’s common knowledge that driving drowsy is dangerous and is universally unacceptable.

Even still, almost a third of all drivers in a recent AA study admitted that at least once in the previous month they were so tired while driving that they could barely keep their eyes open.

We are busier now than we’ve ever been. Longer work days, stress, and running the kids around is exhausting. It’s no wonder we’re driving tired when we shouldn’t be.

Another factor contributing to the problem is prescription sleep aids.

According to a 2018 consumer reports survey of 1,767 adults, one in five Americans who take prescription sleep aids admitted to driving less than seven hours after taking the pills.

Even though the directions on almost all sleep aids tell you not to take them unless you can sleep for at least 7 hours afterward, preferably eight.

Drowsy driving seems almost impossible to avoid. Public transit isn’t available or reliable in many parts of the country, so even people with good intentions get stuck behind the wheel driving drowsy.

Sleep deprivation can impair your driving as severely as alcohol can.

The National Sleep Foundation reports that being awake for 24 hours straight is equivalent to a blood alcohol content of .10. .08 is considered legally drunk.

In the article below, we’ll discuss drowsy driving, and the things that can help you stay awake behind the wheel.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Before You Drive

Do These things before you get behind the wheel to prevent drowsy driving.

Get Adequate Sleep

According to the CDC, at least 7 hours of sleep every night is what the average adult needs. Be sure to get as much sleep as possible before you hop behind the wheel and head to work.

Talk To Your Doctor

If you’re sleeping enough but you’re still tired during the day, wake up constantly during the night, or your partner complains about your snoring, talk to your doctor about having a sleep disorder.

Even if you appear to be getting enough sleep, you could still be at risk for falling asleep behind the wheel if your sleep is low quality or you have a health condition that is affecting your sleep.

People with obstructive sleep apnea are more likely to feel tired while driving, even if they did get 7 hours of sleep.

Check Your Medications

You should also talk to your doctor about your medications. Many drugs, including antihistamines, antidepressants, blood pressure medications, muscle relaxers, and anxiety drugs can make you drowsy.

Some medicines can interact with other medicines you take to cause fatigue.

Your doctor can change your regimen to decrease the likelihood that you’ll fall asleep while driving.

Prepare For Long Drives

If you have a long drive you need to make be sure to prepare for it.

Get more than enough sleep, because hours on the road can lull you to sleep.

brunette sleeping in her bed at home in the bedroom

To Stay Alert

If you want to do all you can to stay alert while driving, try out some of the following tips.

Get A Driving Buddy

Having someone with you that can take over as the driver if you feel tired is an excellent idea if you can do it.

Carpool to work, or find someone to tag along with you during that long road trip.

And while you’re driving, they can talk to you to keep you engaged, and keep an eye on your driving to be sure it doesn’t become too erratic.

Take Breaks

Even if you feel fresh and alert, every driver should take a break every two hours.

Drowsy people are unlikely to realize they’re driving drowsy, so taking a break every two hours will prevent you from falling asleep before you even realize you’re tired.

While you drive, pay close attention to these signs that may indicate you’re driving while drowsy:

  • Hitting a rumble strip on the side of the road
  • Drifting in an out of your lane
  • You don’t remember the last few minutes of driving
  • Heavy eyelids
  • Blinking or yawning frequently
  • Missing an exit

Get Some Caffeine

If napping isn’t an option, a dose of caffeine will help keep you alert and awake for a few hours.

Even if you have had a nap, if you have a long drive ahead of you, caffeine is still a good idea.

There are a few options here when it comes to caffeine, but coffee is your best bet.

Give the coffee at least 15 minutes to kick in before you start driving.

Nap

If you get tired while driving, find somewhere safe to pull off the road, like a rest stop, to take a quick power nap in your car.

Wait about five minutes to start driving again after you wake up to be sure you’re fully alert.

Also, make sure you set an alarm to wake you up after twenty minutes.

Sleeping any longer than that can make you feel groggy and disoriented for up to 30 minutes after you wake up.

Stay Awake Out There

Driving is dangerous enough as it is, the last thing you need to do is get behind the wheel of a car while you’re tired.

Use the tips and tricks above to stay awake while you drive so you give yourself the best chance to make it from point A to point B safely.

And, just because you’ve driven drowsy before and gotten away with it, doesn’t mean you will the next time.

According to the National Highway Traffic Safety Administration, there about 100,000 police-reported crashes involving drowsy driving every year.

These crashes result in more than 1,550 fatalities and 71,000 injuries.

However, the real number may be much higher, because it’s difficult to determine whether a driver was drowsy at the time of a crash.

Contact The Brown Firm Today

If you or someone you know has been involved in an accident due to a drowsy driver, contact The Brown Firm today.

The Georgia Car Accident Lawyers at The Brown Firm have years of knowledge and experience helping people involved in auto accidents and they are ready to help you today.

Click the button below to get started.

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Dangerous Product Recalls in 2019

When a person purchases a product, they feel that everything they buy is safe and expertly tested, but in reality, millions of units get pulled from shelves every year because there are safety hazards.

Recalled items include toys that kids can choke on to cellphones that spontaneously combust, and many more diverse reasons. 

Products are recalled because of the danger they pose.

It’s why you shouldn’t take any chances by continuing to use an unsafe product.

If you happen to have a recalled product, you should stop using them immediately.  Its important to know what to do if you are injured by a defective product to help your case. 

Here are some of the dangerous products recalled in 2019.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Dangerous Infant Products: Rock ‘n Play Sleepers

Since the release of Rock ‘n Play by the toymaker Fisher-Price, it became one of the most popular baby products on the market as this reclining baby sleeper offered a solution for sleep-deprived parents.

Rock ‘n Play has several features such as rocking, vibrating, and music playing that lets newborns fall asleep without the need of being held since they are comforted by the sound and movement that the sleeper makes.

The Sleeper had many positive reviews, but over time it was found to be unsafe for infants. 

However, this beloved product also caused harm to many infants. The baby sleeper had been the cause of at least 32 deaths between 2011 and 2018.

Most of the recorded deaths were found to be due to asphyxia. Infants are at risk of comprised airways and limited breathing known as asphyxia, due to the reclining position of the baby sleeper.

Some models also include pillow headrests and toys. Since several deaths were due to infants rolling from their backs onto their stomach or side while unstrained, the risks of suffocation increased.

After the company was held under scrutiny about the infant deaths, Fisher-Price issued a warning to stop the usage of the sleeper once infants can roll over or at least 3 months old.

The American Academy of Pediatrics (AAP) didn’t find the warning to be enough and called on the CPSC to issue a full recall of infant rocker.

The Fisher-Price Rock n’ Play sleepers were recalled from the market on April 2019 after coming under scrutiny for safety concerns. The CPSC has estimated the recall affects about 4.7m products.

rock 'n play sleepers
cadbury desserts

Risky Food Recalls: Cadbury Desserts

Fans of Cadbury chocolate, particularly desserts need to check their fridge as two Cadbury desserts have been recalled due to the possible presence of a deadly bacteria.

Supermarkets have pulled both Cadbury Dairy Milk Cheesecake and Cadbury Dairy Milk Caramel Cheesecake puddings from their shelves in fear they contain a potentially deadly strain of bacteria known as Listeria monocytogenes or Listeria

Listeria is a harmful bacteria strain that thrives in ready-to-eat foods that have already been cooked before being purchased. It causes a rare illness called Listeriosis.

While it’s rare to have cases of foodborne illness from Listeria, Listeriosis involves severe symptoms and can lead to several infections such as sepsis, meningitis and encephalitis.

For certain groups of people, it can even result in death, especially people with weakened immune systems such as the elderly and pregnant women.

Auto Recalls: Takata Airbag

On May 2015, Japanese airbag manufacturer Takata agreed to recall 34 million cars from 11 different automakers, which was the largest auto recall in U.S. history.

The defects involved airbag inflators that inflate too forcefully, causing the airbag to explode in a crash. The explosion raptured metal casings, sending shrapnel flying inside the car and into drivers and passengers.

Driving in one of these vehicles is like playing Russian Roulette, you never know if your car will keep you safe or if the airbags will explode like a grenade. The fatal airbags have caused at least 24 deaths worldwide and 300 injuries.

It has been four years since the Takata airbag recall. However, the National Highway Traffic Safety Administration (NHTSA) estimates that 37 million vehicles or 1 in 5 cars are still at risk of faulty airbag inflators.

This year, car manufacturers such as Subaru, Tesla, BMW, Volkswagen, Daimler Vans, Mercedes and Ferrari recalled about 1.7 million cars to replace the dangerous airbags by the airbag manufacturer.

Among the recent recalls is Toyota, issuing another major airbag-related recall of over 1.7 vehicles worldwide, with 1.3 million in the U.S. Ford also adds 953,000 cars to the list. Approximately 1.6 million Honda and Acura cars have been recalled for the same issue.

takata airbag
macbook

Hazardous Technology Recalls: Macbook

For those who are familiar with the Galaxy Note 7 debacle, you might notice some similarities with this recall.

In June 2019, Apple released an announcement that numerous older generation 15- inch MacBook Pro units are being recalled due to the fire safety risk that the batteries pose.

The U.S. Consumer Product Safety Commission has claimed to receive 26 reports of overheated batteries in affected laptops, five claims of minor burns, one smoke inhalation, as well as 17 reports of minor damage to nearby personal property.

The company estimates that more than 432,000 laptops in the U.S. are potentially affected by the recall. Most of them were sold between September 2015 and February 2017. You can determine the product eligibility by the product serial number.

Apple is currently giving eligible consumers numerous options on having their batteries replaced, including going to an Apple Authorized Service Provider or working with Apple Support.

Best Defective Product Attorney in Georgia

If you have been injured by a defective product, our skilled attorneys from The Brown Firm can be consulted for any legal advice and help you get the compensation you deserve.

Visit our website or contact us at (912) 324-2592 for a Free Consultation to discuss the nature of your case.

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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What Should I Do for Whiplash after a Car Accident in Georgia (Infographic)

Car accidents are unfortunate tragedies that frequently happen anywhere across the globe – and in the United States, the state of Georgia is no exception. According to statistics, more than 1,720 drivers get involved in Georgia car accidents daily.

While not fatal, a car crash would usually leave victims to suffer from several types of injuries, including whiplash injuries, which happens no matter how severe the impact of the collision. Each year, more than three million new cases of whiplash occur.

Related Post: Will health insurance cover my car accident?

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

 

What is Whiplash?

The injury known as Whiplash acquired its name from the cause of this injury from the sudden movement that resembles the motion of a cracking whip. 

People suffering from whiplash injuries feel the pain in the soft tissues in the nerves, ligaments, muscles on the neck after the accident

Whiplash injuries can be sustained in many ways. It can be a result of a sports accident, physical abuse, or a slip and fall accident due to the motion of the head. But it most often occurs during a rear-end auto accident.

In a rear-end collision, the victims in the front car would be hit pretty hard from behind, causing a sudden impact to fling the person backward and forward, which result in a whiplash injury.

Most victims often overlook these types of injuries, as the symptoms don’t always appear right away. Those with minor whiplash injuries are frequently lucky to feel better within a few weeks. However, some people have to keep experiencing pain several months or years after the injury occurred.

Symptoms of Whiplash 

Even a minor car accident can be traumatizing enough to cause whiplash, which is indicated by the following symptoms of whiplash:

  • Fatigue
  • Headaches
  • Blurred Vision
  • Dizziness
  • Neck and Back Pain
  • Swelling or tenderness in Neck
  • Muscle spasms in Neck
  • Difficulty moving Neck
  • Shooting pain from Neck to Shoulders and Arms
  • Tingling feeling in Arms or Legs

 The continuous pain from whiplash can severely impact your physical, emotional, mental, and financial well-being. If you’re suffering from, in a car collision accident, your response to your whiplash injury will prevent your condition from getting worse.

The following steps need to be taken to know what to do with yourself medically and legally.

Seek Medical Treatment for Whiplash Immediately

Every whiplash injury is different. Minor whiplash injuries are self-limiting conditions that would usually heal on its own or after using some homemade remedies. However, others with more severe injuries may experience residual effects of whiplash for years.

Symptoms of whiplash often take several hours to develop and become noticeable. It’s why knowing the full extent of your injuries after your accident is nearly impossible. Still, it’s essential to seek medical treatment immediately after the crash.

Prompt diagnosis and treatment would shorten the recovery time of the long-term seriousness and consequences of whiplash injuries related to a car accident such as disability and extensive medical costs.

It’s vital to make an appointment with your doctor as soon as you notice even the slightest twinge of pain or discomfort. Your whiplash injury may seem minor at first, but before long, the seemingly small injuries can go on to have long term effects. Failure to visit a doctor would put your health at risk. 

This would also jeopardize your personal injury claim. Insurance adjusters are naturally suspicious of whiplash claims since they don’t always immediately after an accident. A diagnosis by your doctor can act as evidence to support your claim and obtain appropriate compensation

Start the Claim Process as Soon as Possible

Whether your injuries get better or worse, your whiplash injuries could render you unable to work during your recovery time. This would hinder your ability to keep up with the day-to-day expenses of rent, utilities, food, and more.

In addition to your medical fees, this would be a massive burden to any recovering whiplash victims. It would be in your best interest to start the personal injury claim process soon after your doctor confirmed your injury.

Make sure that the potential payee of your claim is notified of your injuries and intent to file a claim or lawsuit in writing. In an at-fault state such as Georgia, the driver who caused the accident and their insurance company are responsible for the damages to other parties involved in the motor vehicle accident.

Though starting the claim process doesn’t mean you’ll begin to accept a settlement instantly, notifying the potential payee of your claim sooner would increase the chances of receiving reimbursement much earlier.

Document Your Car Accident Losses and Expenses

It would help your case to document all of the expenses you acquire due to your injuries. The insurance company could potentially reimburse any out-of-pocket expenditure, including your medical treatment and other losses. Some expenses you’ll need to track include:

  • Medical Bills
  • Lost Wages
  • Insurance Co-Pays
  • Prescription Costs
  • Mileage to and from appointments
  • Other out-of-pocket costs related to your injury

 Insurance adjusters require proof to validate the loss of every penny they pay out, which is why the documentation of any and all expenses are essential.

As established earlier, a visit to your doctor will create proof in support of your claim in the form of paper trails which documents your injury. Keep the records of any follow-up appointments or treatments, including physical rehabilitation.

You should also hold onto all bills and receipts since documents will help in calculating the damages or the amount of money the driver at fault ultimately owes you.

Not only does this provide evidence of your losses, but proper documentation would ease and speed up the claiming process

Prepare for the Possibility of a Car Accident Lawsuit

There is no absolute guarantee that the insurance adjuster would payout on your claim. Insurance companies often claim that the pain from whiplash injuries are fabricated by the victim since the symptoms don’t immediately appear or can’t be identified through an MRI or X-Ray.

There’s also a possibility that the at-fault driver does not have insurance. In either of these situations, the only way to receive the proper compensation for the pain and suffering is to file a personal injury lawsuit

To get what you’re owed, it’s essential to talk to a lawyer. While there are a lot of lawyers out there, not all of them are equipped to help you obtain the compensation for the injuries you sustained. Avoid this by making sure that your lawyer has the proper qualifications and experience.

If you or someone you know has been involved in a car accident in Georgia, the skilled attorneys at the Brown Firm would be able to give advice on how to proceed.

Contact The Brown Firm Whiplash Attorneys in Georgia today at (912) 200-9755 or visit our website at www.www.harrybrownlaw.com to learn more about our services or to schedule a free legal consultation.

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Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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10 Tips to Keep Your New Teen Driver Safe on Their First Trip Alone (Infographic)

Getting a license is like a rite of passage for a teen. Teenagers are eager to get on the road and finally be
able to go anywhere without relying on their parents. At the same time, this also gives parents time for
themselves.

On the other hand, knowing your teen will be behind the wheel can be stressful, especially if it’s their
first time on their own. Everyone is aware of the dangers of teen drivers, and no parent wants their child
to be part of the statistic.

Preparing your teen for a safer, first alone time behind the wheel takes time, patience, and
communication. The following tips can go a long way toward preparing your teen on their first drive on
their own.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 
10 Tips to Keep Your New Teen Driver Safe infographic

 

1. Let Them Have Extra Practice Behind the Wheel

Before a new driver can get their license, they need to spend a minimum of 50 total hours of
supervised driving over at least six months. Drivers education programs typically only provide a
total of six of those hours.

Inexperience is one of the most significant causes of teen crashes. Teenagers’ lack of driving
experience, together with risk-taking behavior, puts them at heightened risk for accidents. This
is why teens must get as much supervised practice before they can drive on their own.

It is crucial that a teenager is able to experience driving in all sorts of conditions such as different
times of the day, weather, and traffic conditions during your supervision.

2. Keep their Ride Mid-Size

Parents have various choices when it comes to their teen’s first car, and many factors are
considered such as style, price, and reliability. Car crashes are a leading cause of death among
teenagers, therefore safety should be put above all the other qualities.

While new cars being produced are increasing their safety measures, size and weight are still
major factors in a crash. A midsize or full-size car is ideal for new drivers as they offer more
crash protection compared to smaller and lighter ones.

You should avoid sleek and high-performance vehicles for teens as it may tempt them to speed.
Sports utility vehicles are also generally frowned upon on this age group since they have a
higher center of gravity that makes them unstable and more likely to roll over.

3. Insist On Seat Belts

This advice should go without saying. Seat belts provide you with the best protection from being
ejected from the car during an accident. By wearing your seat belt you can cut your risk of being
injured in an accident in half.

However, too many teens are still driving without buckling up. Among other age groups, teens
have the lowest rates of seat belt use.
As a parent, you have to ensure your teen is always buckled up everytime they are in the car,
especially when they are driving. The best way to begin this is to set an example by always
wearing your seatbelt, and enforce them to always wear it when they are in a car before they
are even old enough to drive.

Remind your teen about the consequences of failing to buckle up, such as severe injuries and
potential death.

4. Keep Other Teens Out of the Car

It may seem harmless to bring their friends along for the ride, but having another teen in the car
increases the risk of an accident. The fatality rate for car accident victims increased by 51
percent when a teen driver had only another teen as a passenger in the vehicle, according to a
AAA Foundation for Traffic Safety study.

A teen driver with a teenage passenger is more likely to have a loss of focus on the road, which
can lead to an accident. While a new driver is gaining experience on the road it is suggested that
they not allow friends to ride with them.

Teen Passengers can contribute to other dangerous activities while driving due to peer pressure.
Due to encouragement from their peers, inexperienced drivers will be more likely to be involved
in racing, drinking, drug usage, and more while driving.

5. Forbid Alcohol or Drug Consumption

Even though teens aren’t allowed to legally drink until they turn 21, alcohol is involved in 15%
percent of fatal teen car accidents.

One in 10 high school students admits to drinking and driving. One in 5 teen drivers that were
involved in fatal accidents had alcohol in their systems. Of those teens, up to 81% had a Blood
Alcohol Concentration (BAC) higher than the adult legal limit of 0.08%.

Enforcing a no drinking and drug policy for your teen driver is recommended to keep them safe
on the road. It is also important to discuss the dangers of driving and being a passenger of a
drunk driver. Having a backup plan in case of a situation like this is important for their safety.

6. Turn Off All Mobile Devices

Using your phone for texting or calling while driving can cause the driver to take their eyes off
the road and become distracted.

A distracted driver is a dangerous driver. According to the National Highway Traffic Safety
Administration, distracted driving caused 3,166 deaths in 2017 alone.

Encourage your young driver to turn off their mobile devices or place them on silent mode. Any
calls or texts should be done prior to driving, or after they have arrived at the destination. You
should also remind them of the consequences of violating distracted-driving laws.

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7. Create A Car Safety Kit

No matter how responsible and skilled your teen is at driving, there is always a chance for an
unpredictable element to cause a problem while they’re driving.

While the likelihood of actually having a problem on their first time out is low, it’s still a good
idea to assemble a kit for an emergency. Having an emergency kit is important for all drivers of
every age.

8. Emergency Contacts

Talk to your teen about what to do in a driving emergency. Young drivers should know who to
call and what steps to take when something goes wrong whether it’s an empty gas tank, a flat
tire, or a car accident.

Make sure that your teen has all the emergency contact phone numbers they’ll need, including
the police, hospital, auto repair shop, fire department, auto insurance agent, and more.
While all these numbers can be kept on their phones, its best to keep an extra copy in their
glove box as a backup.

9. Inspect their Car Before They Go

It’s important to make sure that your child’s car meets all safety standards. Also be sure to
perform routine car maintenance such as checking the air pressure in the tire, the water level in
the battery, oil and transmission fluid, and the windshield-wiper fluid.

Eventually, you should teach your teen how to do all of these themselves or consider enrolling
them in a car care clinic. It is also important that their cars are regularly serviced and that young
drivers know what to check themselves.

10. Model The Right Behavior

Parents are a powerful role model. While teenagers may appear to not listen to you anymore,
they pay attention to your actions and will often reflect your driving habits.

Be a positive influence on your teen driver by always making sure that you’re following all the
rules you expect them to follow, such as always wearing your seat belt, observing speed limits,
and putting away your phone while driving.

The Car Accident Attorneys at The Brown Firm are able to assist you in any legal matters relating to any
car accident.

Contact the Brown Firm today at (912) 200-9755 or visit our website at
www.www.harrybrownlaw.com to learn more about our services or receive a free legal consultation

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How to Handle a Defective Product Injury

Customers trust manufacturers and retailers to build and deliver products that are safe for consumer use, and most of the time, they are.

However, despite the safety regulations and testing, hundreds of defective and dangerous goods still slip through the cracks and into the store shelves and eventually our homes without even knowing it until someone has been injured severely.

A defective or poorly designed product can cause serious injuries, medical bills, and lost wages. It’s essential to know the rights steps to take immediately following an accident caused by a defective product as it can immensely affect a product liability case that you might file in the future.

Its important to know there is legal help for the different types of defective products.  

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

1. Seek Medical Care

Nothing is more essential than your health or the health of a loved one. As with any accident, the main priority following an incident involving any defective product is bringing the injured to the doctor or an emergency room as soon as possible for treatment.

Any medical evaluation should not be delayed as this would cause your injuries to worsen. These medical records will also be necessary for building your case.

Any lack of documents might lead to a liability dispute since the opposing party could dispute your claim that the injuries were caused by the defective product or they could argue that postponing medical care contributed to their severity.

2. Gather and Preserve Evidence

In addition to any medical records, be sure to keep documentation of the product associated with your injury. Since the foundation to any successful case is the evidence, the amount of evidence that you have determines the time that your claim gets resolved.

This is why keeping the faulty or defective product is the most important thing you can do if the injury it caused was due to a manufacturing error. It can serve as crucial evidence that will be needed to prove liability.

Store the item that caused your injuries somewhere safe, but do not tamper with it in any way. Make sure to take photos of the product that caused the accident and the scene as well.

If there are any witnesses of the incident, write down their contact information. You should also include your recollection of the event as well as what you were doing right before it happened.

It would also be helpful to save any documentation regarding its purchase and use to provide information about the defective product.

Any evidence such as the wrapping, instruction manuals, or packaging that the product came with, as well as proof of purchase receipts, can go a long way to proving liability.

Depending on the product that causes the injury additional document can be helpful. Injuries from a defective medical device, for instance, include relevant records or the actual prescription. Meanwhile, the essential documents from defective tools and materials include any paperwork detailing the product’s warranties.

3. Document the Healing Process

A journal would help document your healing process. The information in the journal can be beneficial in preparing a pain and suffering claim for your injury.

Take detailed notes about the pain level, your emotions, the psychological effects of your injury, how it impacts your daily activities and family relations, and any other information related to your recovery.

The records should also include photographs of all visible wounds and their progression as it heals.

4. Stay Off Social Media

A majority of adult Americans are active on social networking sites such as Facebook and Twitter. As these sites are accessible via smartphone, it only takes a few seconds to share our lives with the world, and nothing can be more tempting than sharing a big story like an accident with your family and friends.

Receiving support from your loved ones is essential. However, discussing your injury or the accident online may be one of the biggest mistakes you can make. There are just certain things that should not be shared online.

If you decide to file a product liability lawsuit, any posts on your Facebook, Twitter, and other social media platforms will be accessed by the other party. The information you post online can be used negatively during the trial.

One of the worst photos you can share after an accident is a photo in which you appear happy and healthy, even if it’s an older photo.

These photos can be used as evidence by the insurance companies and opposing legal representatives to prove that the nature of your injuries are not as bad as you claim.

The words on the description can also be twisted to use against you, which can significantly affect the outcome of your case.

As absurd as it may seem, plenty of professionals in the justice system do not understand the timelines of social media, any photos you posted recently will be assumed to be taken recently.

5. Contact an Attorney

The law surrounding product liability cases can be complicated and may involve multiple parties and federal law. It is essential to consult with an attorney who can understand product liability law and has the necessary resources at their disposal to investigate a defective product injury.

Product liability cases have time limitation, so the sooner an attorney is contacted, the faster they can get to work investigating your injuries and the defective product that caused it.

After you have addressed any immediate injuries, contact a product liability lawyer.

This will help to decrease the chances of valuable evidence disappearing and increase the likelihood you may have of recovering full compensation for all the pain and suffering you’ve endured.

Get Help with Your Defective Product Claim

If you have been injured by a faulty product, our skilled Georgia defective product personal injury lawyers from The Brown Firm can be consulted for any legal advice and help you get the compensation you deserve. Visit our website or contact us at (912) 200-9755 for a Free Consultation to discuss the nature of your case.

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How To Avoid Distracted Driving

There is a growing awareness of how dangerous distracted driving can be.

Distracted driving used to mean adjusting the radio, eating on the go, or even doing your makeup.

Distracted driving is still all of those things, but it’s also texting, checking email, checking social media, and any of the other thousands of things you can do on your smartphone.

Texting and driving has become somewhat of an epidemic.

In a 2012 survey, the NHTSA found that 94% of drivers supported laws banning texting while driving.

However, 14% admitted to reading texts or emails while driving, and that 14% is probably much higher in reality.

No matter what your distraction is, you and everyone else on the road is better off if you wait to check your email, eat that snack, or adjust your eyeliner.

That seems to be easier said than done, so in the article below, we will go over several things that will help you avoid distracted driving.

 

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Distracted Driving Statistics

People of all ages are guilty of distracted driving.

Every year more and more people are seriously injured due to accidents caused by distractions.

Back in 2009 the NHTSA conducted a large study to determine the role distractions play in traffic accidents. As you read these statistics, keep in mind that things are likely even worse today.

  • Using a cell phone, in any capacity, while driving is equivalent to driving with a blood alcohol concentration of .08 percent
  • 16% of fatal crashes involve reports of distracted driving
  • 20% of crashes with injuries involved reports of distracted driving
  • Drivers who use hand-held devices are 4 times more likely to get into a serious accident
  • 5,500 people were killed and 450,000 were injured in 2009 due to distracted driving
  • Texting while driving creates a crash risk 23 times worse than driving while not distracted
  • 40% of American teens say they have been put in a dangerous situation due to the driver using their cell phone
inside car with phone in hand

Technological Distractions

More than ever before, today’s vehicles come equipped with technology designed to make the driving experience as comfortable as possible.

But that comfort comes with a dangerous side effect.

Any of the features designed to make your ride smooth and comfortable can also distract you from the most important thing: the road.

Your phone, a GPS device, the aux cord, in-car DVD players, and many more things have made the time spent in your car more enjoyable, but it’s important to use them as intended.

None of those devices should be operated while you’re driving.

If one of the devices needs to be used, ask a passenger to do it, or pull off to the side of the road.

Passenger Distractions

We’ve all had the “backseat driver” that thinks they can drive better than we can, or the passenger riding shotgun that wants you to pay attention to everything but the road.

Those passengers are just as distracting as your cell phone.

Organizations that transport other passengers, especially children or adults with disabilities, face another type of distraction.

In situations like these, an assistant or chaperone should be available in the vehicle and respond to passenger distractions so the driver doesn’t have to.

If passenger distractions become overwhelming, you should pull over and deal with the situation.

Every second that your eyes aren’t on the road raises the chances of being in an accident significantly.

How To Prevent Distracted Driving

  1. Only use your cell phone for emergencies. Even if you have an emergency, it is still best to pull over to use your phone. Even your hands-free device can cause distractions and cause an accident. You should never use your cell phone for social reasons while driving. It’s against the law in many jurisdictions, and you can be fined and ticketed.

  2. Pullover if you’re drowsy. Drowsiness increases your risk of an accident by nearly four times. A government study showed that 37% of drivers have nodded off or fallen asleep while driving. If you feel tired, pull over. Don’t rush home.

  3. Limit your passengers. Carpooling saves gas and is better for the environment, but too many passengers can be a bad thing. Driving with friends can create a dangerous driving environment because drivers can become more focused on what’s going inside the car instead of focusing on the road.

  4. Don’t eat while you drive. If you’re that hungry, eat before or after the drive, and being too busy isn’t a good excuse. Eating your lunch in your car during your lunch break might save you a few minutes, but you become less attentive to the drivers around you.

  5. Don’t multitask.  Most people spend a lot of time in their vehicles, and it might seem like the perfect time to get little things done like catching up with friends, checking email, and making that important phone call. Don’t do it. Get those things done before the drive or when it’s over.

  6. Plan your route before you go. Plug everything into your GPS before you start driving so there’s never any reason to take your eyes off of the road. If you plan on making any pit stops, plan them ahead as well, so you don’t have to make any decisions on a whim and out yourself and others in danger.

Focus On The Road

When you’re driving, 100% of your focus should be on your driving.

We’ve become numb to how dangerous driving actually is.

When you think about it, we’re in a 3,000 pound piece of metal, hurling 55 mph hour down the road.

An infinite number of things can go wrong, but we’ve become so confident in our abilities that at times we pay zero attention to the road ahead of us.

Things will inevitably go wrong, whether it’s your fault or the fault of someone else.

And when they do go wrong, you need to enlist the help of an experienced car accident attorney.

If you have recently been involved in an accident due to distracted driving, contact The Brown Firm today.

They have years of experience representing people injured in accidents and getting them the settlements they deserve.

Click the button below to get started.

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Will Health Insurance Cover my Car Accident?

After being involved in a Car Accident, seeking medical attention for any injuries that were suffered is extremely important. However, many accident victims are unsure what to do about insurance coverage, which often leads to postponing necessary medical care. 

Not understanding how insurance coverage works after a car accident is all too common, and many people wonder, will my health insurance cover my car accident? 

Many health insurance policies will cover car accident injury expenses up to a point, but your health insurer may not be the one responsible for paying your bills. 

Medical expenses  from car accident injuries tend to get paid from different sources, depending on liability of the accident and the timing of the medical treatment that was received. 

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Co-pays and Deductibles

There is a basic pattern that most car accident injury bills follow. If there are any co-pays or deductibles in place on the insurance policy, those will need to be paid before the health insurance company will cover any of medical costs.

If health insurance is used to cover the cost of a car accident, the victim will follow the same protocol that they would if they were using their health insurance to receive medical treatment for an illness or other health issue.

This means the usual deductibles or co-pays will need to be paid if the policy is set up that way. 

Insurance Claim Form
car wreck

Auto Policy

When it comes to the health insurance companies responsibility for car accident injury bills, the first payments are supposed to be charged against an auto policy if one is in place.

This means, for those who have medical coverage on the auto policy, that is how their medical payments would be paid before filing under the health insurance policy. 

Not everyone is required to hold medical coverage on their auto policy. This is why filing under their health insurance may be the best option.

If for some reason the health insurance company paid for the medical bills but medical coverage was supposed to pay, it’s likely the health insurance company will turn around and try to get their money back by contacting the auto insurance company. 

Liens and Reimbursement 

If you’re involved in a Car Accident and believe it was caused by the other driver’s negligence, it’s important to contact an attorney for legal help before getting your health insurance or auto insurance involved in taking care of the payment. 

When an accident is caused by another driver, it’s up to their insurance to pay for your medical bills. The best way to make sure your bills will be paid without having an up-front costs, it to hire an attorney to sign a medical lien on your behalf. 

When an attorney agrees to sign a lien, they are basically stating that your bills will be covered by the at-fault drivers insurance once your accident case is won.

However, this lien also protects you, because if for some reason your case is not won, the attorney will be responsible for paying the medical fees. 

Once a lien has been signed, you no longer owe co-pays, deductibles, and you are not left with the burden of payment.

Payment for your medical expenses will come from your settlement once your attorney wins you compensation for your losses. 

Now, this only works if you were not at fault for the accident.

If you were the one who caused the accident you will not be able to use a lien to cover your medical bills. 

Call for help after a car accident
Rear End Car Accident

The Importance of Hiring an Attorney after a Car Accident 

If you were involved in a car crash and you believe it was the other driver’s fault, contact an experienced attorney as soon as possible. 

When someone else caused an accident, it’s up to their insurance company to pay for your medical expenses. However, trying to get the at-fault driver’s insurance company to pay can be nearly impossible.

Even if they agree to “reimburse” you for any medical fees, they will look for any reason to only pay for a partial amount, or none at all. 

You could be left with a substantial amount of medical fees on your hands if you try to negotiate with the insurance company on your own.

If you decide to use your own auto policy or health insurance, you are still left with paying deductibles, co-pays, and run the risk of your insurance premium increasing. 

The best chance you have at not paying a dime in medical fees is to contact an experienced attorney for advice and legal protection. Once your case is accepted by a lawyer, they will sign a lien with your medical provider so you can focus fully on your recovery and not worry about paying any out-of-pocket fees. 

Before making an agreements with insurance companies, make sure you have spoken with an experienced Personal Injury Attorney. 

It’s important to know that you only get one chance at obtaining compensation for your losses which includes your medical expenses. If you try to handle things on your own and they do not go well, you’ll miss out on any chance at obtaining the money you deserve. 

The Brown Firm has a team of Experienced Car Accident Attorneys who have over 30 years of experience representing the victims of accidents. Our lawyers work diligently to make sure you receive the compensation you deserve for your losses. 

If you were involved in a Car Accident that was not your fault, click on the link below to schedule a free consultation with our experienced car accident attorneys today. 

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Getting Payment for Vehicle Damage in an Accident

One of the first concerns after being involved in a Car Accident has to do with the damages that were caused to your vehicle, especially if it isn’t drive-able. 

If your Car Accident was caused by someone else’s careless driving, you are entitled to receive compensation for any damages that occurred to your vehicle at the time of the accident. 

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

How am I Paid for Vehicle Damages? 

Being properly compensated for vehicle damages after an accident is extremely important. Most people do not  have the money lying around to purchase a new car or make extensive repairs that they were not prepared to make. 

In order to help you better understand the process of obtaining compensation for car damages after an accident, there are some guidelines you should follow. It is possible for you to receive payment for your losses from the following sources: 

1. Liability Coverage under the At-Fault Party’s Insurance: 

If someone else was at-fault for your accident, it’s important to get their insurance company to accept fault. Once the insurance company accepts fault, they will usually pay a standard amount to repair your vehicle. Many insurance companies will prolong this process and take days or weeks to accept liability, which means your car may not be repaired in a timely manner.

It’s also important to note that the insurance company may try and deny the claim altogether or place partial fault on you so they do not have to pay as much to repair your vehicle. For these reasons, it’s crucial to hire a Car Accident Attorney to protect your legal rights. 

2. Collision Coverage under Your Insurance:

Another way to obtain compensation for vehicle damages is to go directly through your own insurance company. This however leaves you responsible for paying your policy deductible before the insurance company will make the repairs. There is  possibility that you will receive reimbursement for the deductible if the other party’s insurance company does indeed accept fault. 

Unfortunately, if you decide to go this route, you may also be responsible for paying any rental car fees without reimbursement coverage if you do not have this under your own policy. 

It is highly advised that you seek the help of a personal injury attorney before you decide to front the money for any vehicle repairs. Speaking with an attorney before you make any big decisions could save you money and unwanted stress. 

3. Uninsured Motorist Coverage under Your Insurance Policy: 

If the driver who caused the accident does not have car insurance, you are protected under your insurance policy’s uninsured motorist coverage. 

Depending on the type of accident that you were involved in, you may be responsible for paying a deductible in order to repair all of the damages of your vehicle. 

Even if you find out that the at-fault driver was uninsured, you should still seek the legal expertise of an experienced Car Accident Attorney. An attorney will be able to point you in the right direction before you make any decisions that could potentially have a negative impact on your claim. 

4. Contact a Car Accident Attorney: 

When you are involved in a Car Accident that was not your fault, before you try and pursue compensation for damages on your own, it is crucial to contact an experienced Personal Injury Attorney for legal advice. Your attorney will be able to advise you on the steps that you should take in order to get the maximum amount of compensation that you deserve for your losses.

Trying to get the at-fault driver’s insurance company to admit fault, or pay in full for the repairs that your car needs can be nearly impossible to do on your own. Many insurance companies do their best of to offer the lowest amount possible for vehicle damage repairs, especially when the repairs are costly or if the vehicle is totaled. 

Choosing the Right Law Firm after a Car Accident 

If you were involved in a Car Accident that was caused by someone else’s careless actions, never hesitate to contact legal help. 

The Brown Firm has a team of experienced attorneys who have been helping the victims of Car Accidents receive the compensation they deserve for over 30 years. 

Our lawyers have the training and experience to make sure you receive the maximum amount of compensation that you are owed for your damaged vehicle. Our attorneys will make sure you’re following the correct 

Trying to receive compensation for your vehicle can be very difficult to do on your own. You may think your claim is cut and dry, only to find out you’re not being fully compensated for the cost of repairs. The best way to make sure you’re not taken advantage of by the insurance company is to hire a personal injury attorney to handle all of settlement negotiations for you. 

If you were involved in a Car Accident that was not your fault, click below to schedule a free consultation with our experienced car accident attorneys in Georgia at The Brown Firm today. 

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What Kind Of Back Injuries Can I Get In A Car Accident?

Although there have been tremendous safety improvements in automobiles and on the roads over the years, there are still accidents, and people still get injured.

Due to the thrashing motion that occurs in most accidents, back injuries are a widespread occurrence in car accidents.

Back injuries can be very mild to very serious, requiring you to potentially undergo expensive and extensive medical treatment to get back into good health.

And sometimes the pain never really goes away, and you are forced to deal with the pain, and the expenses, for the rest of your life.

The severity of your injury depends on the type of injury.

Your back is made up of a lot of muscles, ligament, tendons, and discs in your back that can all suffer damage, not to mention the spinal column that protects the nerves in the spinal cord that runs through it.

There are several types of back injuries you can sustain during a car accident, and in the article below, we will talk about some of the most common.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

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Whiplash

Whiplash is one of the most common car accident injuries, if not the most common.

Whiplash can cause damage to muscles, ligaments, and the tissues in and around the neck.

And while it may not technically be a back injury, your neck, and back work together as one unit.

Whiplash occurs most often in rear-end accidents because the head and neck are propelled forward while the body stays still, causing the head and neck to come to a sudden stop.

Symptoms aren’t always obvious, either.

It can take seven hours, days, or even weeks to notice the symptoms.

The symptoms of whiplash include pain, stiffness, dizziness, fatigue, or blurred vision.

Whiplash injuries vary from mild to severe and often require physical therapy to heal.

Spinal Fractures

Spinal fractures usually occur when your set belt fails to hold your body in place.

The lower half of the body remains still, but the torso and head are jostled around, resulting in spinal fractures.

One type of spinal fracture is a compression fracture, which is a small crack or fissure along the vertebrae.

Pain or other symptoms are common in the area where the compression fracture occurs.

Pain can increase when you breathe, sit, or walk.

Bladder issues, numbness, and muscle weakness can also occur with a compression fracture.

The way spinal fractures are treated will depend on the severity of the injury.

Some can heal with rest, while the more extreme injuries will require surgery.

Related Post: Will Health Insurance Cover my Car Accident Injuries? 

Herniated Discs

The discs that cushion the vertebrae in the spine can be subjected to a great deal of force in an accident.

That force can cause the discs to shift, compressing nerves and causing pain and numbness.

This is known as a herniated disc.

These injuries can also be called bulging, ruptured, or slipped discs.

Typically, these injuries can be treated with conservative, non-invasive methods.

Doctors often focus on pain relief and physical therapy.

In extreme cases, surgery can be used to treat the injury depending on its severity, and if it is impacting other vital structures in the body.

Spondylolisthesis

When a stress fracture forces vertebrae to move out of place, spondylolisthesis occurs.

This condition compresses the nerves of the spinal canal. Numbness, pain, weakness, and difficulty walking may result.

Treatment for spondylolisthesis will depend on the location of the displaced vertebrae and the extent it’s displaced.

Physical therapy is a common treatment option, as well as surgery in extreme cases.

Spinal Stenosis

While spinal stenosis is not typically caused by a car accident directly, a car accident can cause a person with asymptomatic spinal stenosis to begin feeling symptoms.

If your spinal canal is narrowing due to age and you’re experiencing vertebral height degeneration, trauma may cause you to feel symptoms many years before you would naturally.

A spinal specialist can determine if a car accident caused the symptoms of spinal stenosis to accelerate and provide you with appropriate treatment options.

Spinal Cord Injuries

Even the most minor car accidents can cause damage to your spinal cord.

Your spinal cord can be bruised, cut, or severed as a result of the force of a minor impact.

If your spinal cord is lacerated or severed, it could cause permanent paralysis.

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Your Legal Rights

If you sustained any of the injuries listed above due to the negligence of another driver in a car accident, you might have grounds to pursue financial relief from the negligent driver.

Dealing with the intricacies of a lawsuit while also battling the consequences of back injuries can be very overwhelming.

Dealing with the judicial system when you don’t have an injury is hard enough on its own.

That’s why it’s important to hire an experienced personal injury attorney that can take you by the hand and guide you through the process.

Your attorney will provide you with the necessary support and guidance as you pursue the recovery of financial and emotional damages.

If you don’t have a lawyer, you should contact The Brown Firm as soon as you can.

They have years of experience and expertise dealing with personal injury claims, and they would love to help you.

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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3 Rock Solid Reasons Why You Should Buy A Dash Cam

By now, everyone has at least heard of dash cams.

They’ve been around for decades, but it hasn’t been until recently that they’ve exploded into the public consciousness.

Dash cams used to be for conspiracy theorists, only the most paranoid people, and police cars.

But they’re everywhere now. Everyone from your grandmother to your 16-year-old cousin is probably driving around with one in their car.

Google “dash cam” on YouTube, and you’ll spend hours and hours watching videos. Besides, it was a dash cam that caught a meteor exploding over Russia.

So, if nothing else, we should get a dash cam on the off chance we’ll record a meteor flying through the skies, right?

However, besides the entertaining videos on YouTube, do they really serve a purpose?

Do we actually NEED to buy a dash cam?

The fact of the matter is they come in handy just about anywhere, and they can save you a lot of headache in certain situations.

Below we’ll discuss three rock solid reasons why having a dash cam is in your best interest.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

1. You Have Indisputable Evidence Of Your Car Accident

If you’ve ever been involved in a car accident that wasn’t your fault, you know how hard it can be to prove negligence.

There’s a lot of back and forth “he said she said.” and unless a witness comes forward, it might be impossible to prove negligence at all.

That all changes when you have a dash cam. This is the main reason why millions of people have invested in dash cams.

They can more than pay for themselves if you ever get in a car accident.

Dash cams start recording as soon as you turn your car on, and provide real-time, efficient, straight to the point proof in the event an accident occurs.

To prove negligence by the other driver, all you have to do is present what your dash cam recorded as evidence.

At that point, your case, if it even makes it to a judge, will be as open and shut as it can be.

Now you’re guaranteed that the negligent party is responsible for the repairs to your car and any medical bills you may accumulate.

Having a dash cam is the strongest and most efficient way to defend yourself in the case of a car crash.

It’s better to have one and never actually need it than to need it and not have it.

2. They Can Help Prevent Fraud

Insurance fraud has become almost as prevalent as dash cams.

Maybe that’s part of the reason dash cams have become so common.

Not only does insurance fraud affect insurance companies on a large scale, but it takes a toll on honest drivers as well.

Insurance fraud is when someone purposefully causes a car accident so they can place the blame on the other party to extract money from them.

In addition to extorting the innocent victim who has no way of proving his innocence, they will also fake injuries in order to collect insurance money from their insurance company.

It’s not uncommon for them to demand hospitalization and even compensation for their “pain and suffering.” Not all pain shows up on x-rays or tests, so the scammers are able to get away with their lie and prevent fraud.

Having a dash cam can prevent this fraud from ever happening. By installing your dash cam and recording everything that happens, you can prevent scammers from illegally extorting money from you.

Don’t let these kinds of people take advantage of you. Invest your money in a dash cam that will keep you safe from scammers.

It’s better to spend your money on a dash cam, rather than paying for an accident that wasn’t your fault.

3. They Prevent Parking Accidents

Even for the most seasoned drivers, parking can sometimes be a nightmare through no fault of our own.

Have you ever returned to your car after grocery shopping to find a huge dent in your driver side door that you’re sure wasn’t there when you left it?

Do your neighbors ding your car every time they leave for work?

A well-positioned dash camera can efficiently record vandals who try to break into your car, as well as the people who damaged your car without the intention of doing so.

This is especially useful if you leave your car unattended in public spaces on a regular basis.

Most dash cams today can be programmed to stay on throughout the day and night without you having to leave your engine running.

In addition to this, the dash cam can also be operated remotely from your home with the ability to send all the data to your computer or smartphone.

Dash cams are designed to give car owners the peace of mind whenever they leave their car unattended in a public space.

Related Article: The Three Types of Defective Products.

You’re Buying Peace Of Mind When You Buy A Dash Cam

Unless you think we all live in a perfect world, and you’ll never be involved in a car accident, no one will ever try to extort you out of your hard earned money, and there’s no chance someone ever tries to break into your car, you should buy a dash cam.

A dash cam is a great investment that is very cost effective that could save you thousands of dollars down the road.

The next time someone runs a red light and hits you, but blames you for the accident, you’ll be able to prove them wrong.

If a pedestrian ever jumps out in front of your car and tries to tell a judge that you ran him over on purpose, you’ll have evidence that he’s lying.

And when you come out to your car after shoe shopping, and your driver side mirror is on the ground instead of attached to your car, you’ll be able to find out who did it.

So, invest in a dash cam, you’ll be happy you did.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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How Car Accidents Affect Your Insurance Rates

A motor vehicle is an extremely stressful situation that does not stop after the accident is over. There will be many things to resolve, including medical bills, property damage, and potential legal actions to be taken.

A car insurance company makes it possible to help you pay for the damages to your car, passengers, other drivers, and yourself. However, insurance companies lose money every time they have to repair or replace your vehicle, which means that you will be charged with more money, depending on a particular situation.

Insurance providers calculate their clients’ rates to help their clients while still making money from the service they provide. Depending on different factors, the amount of surcharge may be a bit higher or lower after an accident.

These factors that come into play is different depending on the insurance company, but the following are a few commonalities between each company.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 
How Car Accidents Affect your Insurance Rates infographic

 

Liability

Depending on whether your insurance policy is governed by a no-fault or an at-fault regime can have a direct and significant impact on your car insurance rates.

The most distinctive difference between at-fault and no-fault insurance policies is who pays for the injured party’s damages. An at-fault insurance system is based on direct liability. The driver who caused the accident is responsible for the damages to other parties involved in the motor vehicle accident.

In no-fault insurance claims, each victim receives payment for their own medical expenses and lost wages under the applicable no-fault state law. Since your insurer would be obligated to pay for your injuries no matter who caused the accident, there’s a possibility that your rates would go up.

If you weren’t at fault for an accident, it might not count against you, although that also varies by company and by state. Most of the states in the U.S, including Georgia, is an at-fault state.

This means that the payment of medical expenses and vehicle damage after the accident is determined by the driver who caused it and their insurance companies.

It would be in your best interest to prove that the accident is not your fault to avoid the increase in your insurance rates. There are specific methods used to determine who is at fault in an accident.

Obtaining a police report is one of the best ways to prove fault in a car accident. A police report is a piece of essential evidence as presenting this written documentation from the authorities would prevent the insurance company from denying your claim.

This written documentation from the responding officer often contains evidence about liability, such as the opinion of the officer about how the accident took place. This would also include written statements from the parties involved, the traffic violations that took place, and citations that were given to the liable party.

Driving History

A driver’s driving history is another factor that that insurance companies consider when they’re setting rates. A car accident can stigmatize a person for years, but the exact length of time varies widely by state and violations associated with the crash.

Most companies will count the number of accidents you get into and how frequently they occur and hold it against you for three years when determining rates.

Insurance companies typically obtain your driving record to determine insurance rates which you can find in the Department of Motor Vehicles (DMV) website of your state. Your driving history will include any vehicle accidents, driving violations, traffic citations, and driver’s license points you have.

Most of the driving violations on your record will remain for three years, while the more serious offenses such as driver’s license suspensions and DUI’s will be on your driving record for a minimum of ten years.

If you already have caused an accident within three years, you should expect a significant rate hike. However, it wouldn’t affect your rates if you have a long history of safe driving and have been with your insurer for several years without filing a claim.

Related Post: Back Injuries and Car Wrecks

Time Between Accidents

Once you got in your first accident, your insurance company would view it as a possible indication of future behavior. A factor to be taken into consideration for the increase of an insurance policy rate is the amount of time that passed between your first and second accident.

As you grow older and maintain an excellent driving record for several years, your vehicle insurance rates will gradually decrease. However, your increased rates will remain for an extended period of time if you get in a second accident shortly after the first one.

A rate hike may not occur for older drivers who have been accident-free for decades because of their history of safe driving.

Severity of Accidents

The extent of the damages that your vehicle caused influences a policyholder’s rate increase. Most insurance companies have a particular limit for the amount that they are willing to pay for the damages. A claim for a minor scratch or small dent may have little to no impact on your car insurance premium, depending on what you do following the accident.

However, your insurance rates will automatically increase once you go beyond the limit. This applies to a major collision which ended with extensive damages to your vehicle, such as a shattered windshield, broken engine parts, or completely totaled your entire car.

A major collision will cost your insurance company more money fulfilling your claim. Body injuries and property damage can also affect the measurement of severity and potential for higher rates. Your car insurance will end up with a greater increase following your accident as a consequence.

Accident Forgiveness

A rate hike for three years is a long time for a split-second slip up. Fortunately, many vehicle insurance companies recognize that accidents can happen even for the most careful of drivers and offer an accident forgiveness policy for their customers.

Accident forgiveness is a one-time get-out-of-jail-free card that protects a driver from a premium increase after an accident, no matter who was determined to be at fault. However, this incentive is only extended to drivers with an otherwise- clean driving record and applies to the first accident they’ve ever been in.

Some companies will try to justify the highest possible rate increase in an insurance policy to pay for as little as possible for an accident claim. After a car accident, an unfair insurance rate increase is the last thing victims of this traumatic event need to worry about.

Possessing knowledge on state laws may help you keep your rates from rising. However, not everyone is familiar with insurance companies and laws. They could easily be intimidated by an adjuster and insurance company lawyer.

An attorney like our skilled lawyers in The Brown Firm would be able to help in these situations. They have the knowledge regarding the insurance claim process and know how to challenge an adjuster’s determinations, and any rates increases.

Contact our Car Accident Lawyers in Georgia at The Brown Firm today at (912) 200-9755 or visit our website at www.www.harrybrownlaw.com to learn more about our services or receive a free legal consultation.

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How much does it cost to hire a car accident attorney?

If you were involved in a Car Accident that was caused by someone else’s negligence, hiring a Personal Injury Attorney is your best chance at receiving the compensation that you deserve. 

You may be thinking to yourself, hire an attorney, how much is that going to cost me? It is no secret that obtaining the help of an experienced attorney will cost a pretty penny. However, when it comes to hiring a Personal Injury Attorney after a Car Accident, most law firms will charge clients in a unique way. 

At The Brown Firm, as opposed to charging an hourly fee that is associated with most legal services, our car accident lawyers will charge a “contingency fee” to take on the case

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

What is a Contingency Fee? 

A contingency fee agreement with a Personal Injury Attorney means that your lawyer agrees to take on your case and represent you with the understanding that they will not collect any form of fee or payment until the case is resolved in your favor. In other words, you will either receive: 

  1. A Car Accident Settlement form the at-fault party’s insurance company, or
  2. A court judgement in your favor after your car accident lawsuit. 

Your car accident attorney’s fee is “contingent” upon a successful outcome of your case. This means it is in your attorneys best interest to work diligently on your case, their payment relies upon them being able to do a good job and win you a settlement. 

When you hire an attorney who signs a contingency fee agreement, you can rest assured that your lawyer will be doing their utmost to ensure a fast and high settlement offer.  

How are Costs Handled During a Lawsuit? 

Typically the way a contingency fee agreement will work is that you will not pay up-front for your attorney or any fees associated with the accident. However, it’s important to note that you may need to read the fine print when hiring an attorney so you understand exactly what you’ll be responsible for. 

In many cases, the costs will be absorbed by the attorney as they present themselves, and when you receive a settlement or court award, the costs will be deducted from the final amount that you receive on top of the agreed upon contingency fee percentage that is owed to your attorney. Make sure that when hiring an attorney you will not be held responsible to pay for costs even if your case is unsuccessful. 

What is a Typical Contingency Fee Percentage? 

The contingency fee percentage that a lawyer can receive will vary from state to state. The typical percentage for a contingency fee will range from 25-40 percent with an average of 33%, or one-third.

In many cases a personal injury attorney will base their contingency fee percentage upon when the case is resolved. For example: 

  • 25% if the case is settled BEFORE the lawsuit needs to be filed.
  • 33% if the lawsuit is filed but the case settles BEFORE trial.
  • 40% if the case has to go to trial. 

It is always in your best interest to speak with your attorney about the contingency fee before signing a binding contract. Do not be afraid to ask them to explain in detail what the contingency fee will be. If you do not understand the fee agreement in your contact, do not sign the papers until everything is made clear.

Related Blog: How car accident affect your insurance rates

Personal Injury Attorney with Client

Choosing the Right Personal Injury Attorney after a Car Accident 

If you were involved in a car accident that was caused by someone else’s negligence, you will need to contact an experienced Personal Injury Attorney for legal help. 

The Brown Firm has a team of lawyers who have the experience and training to help you obtain the compensation that you deserve after being involved in a motor vehicle accident. 

We offer a free consultation so we can speak with you about the details of your case, as well as go over the contingency fee plan that we have set up for car accident victims. 

This is a no obligation, free consultation with an experienced PI Attorney. We take the time to listen to the details of your case, and then we can explain how our law firm can represent you. 

if you are a car accident victim, click the link below to schedule a free consultation with our Top Car Accident Attorneys  today. 

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The Leading Causes Of Car Accidents

Thousands upon thousands of people are injured and killed in car accidents every year.

In 2017, an estimated 40,100 people perished in automobile accidents.

The number of people injured in accidents is much higher, but hard to gauge because many people don’t report their injuries.

It’s estimated that over the course of their lifetime, Americans will be involved in about four automobile accidents.

You don’t even have to be in your car. An estimated 6,000 pedestrians were killed last year in car accidents.

So how can we avoid it?

What’s the best way to be sure we don’t have our lives interrupted by a car accident?

The first step is to know how they occur.

If we know how they happen, we’ll understand better how to prevent them.

Below are the top 7 causes of car accidents, along with the statistics.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

1. Driver Fatigue

Who hasn’t driven at least a little tired?

Just about everyone has sat behind the wheel when they would rather be napping.

It starts innocent enough, but it can turn out to be lethal.

Tired drivers account for a little over 1% of all car accidents.

That may seem small, but that’s about 83,000 accidents each year.

In 2014 846 people lost their lives due to drowsy driving.

2. Red Lights

We learn at a young that green means go, and red means stop.

However, when we get behind the wheel, sometimes we forget about that rule.

Or maybe we just aren’t paying attention to the lights.

It’s common for people to try to beat the yellow light while they’re running late for something.

Yellow is supposed to mean slow down. 

We often interpret it to mean hurry up.

That yellow light soon turns red though, and that’s when the problems arise.

From 2010-2014, an average of 705 people die every year from running red lights.

That’s 705 people taken from this Earth because someone was impatient or not paying attention.

Think about that next time you try to beat the yellow light.

3. Weather

On the surface, people aren’t responsible for these accidents.

It’s not like we can control the weather. We didn’t decide there’s going to be an ice storm on our way to work.

However, we are responsible for how we drive in these adverse weather conditions.

If the roads are compromised because of the weather, we need to adjust our driving accordingly.

From 2005-2014 there were 1,258,978 accidents due to bad weather.

That’s accounts for about 22% of all accidents over that 10-year span.

5,897 people died in those accidents.

So next time the weather is bad, take a minute to think about how badly you need to get where you’re going.

If you don’t have to drive, don’t drive.

Related Post: How much does it cost to hire a car accident lawyer?

4. Cell Phones

Distracted driving is a huge factor in car accidents.

The primary source of our distraction?

Our cell phones.

These accidents are easily preventable.

Keep your phone in your purse or your pocket.

Don’t touch it until you’re parked.

That text or that notification can wait.

You can do whatever you need to do once you get to where you’re gong.

If you use your cell phone while driving, you might not make it to where you’re going.

In 2014, there were about 69,000 accidents involving cell phones.

That’s a 38% increase since 2010.

Don’t assume it’s just the young drivers at fault here.

Every age group has its fair share of people who drive and text.

5. Distractions

Even when we aren’t using our cell phones, drivers still seem to be easily distracted.

We’ve all seen something crazy driving down the interstate.

The lady putting on makeup.

The guy taking his lunch break and chowing down on a burger, driving his car.

Then there’s always something mind-blowingly careless, like having a laptop out working on a presentation on your way to work.

Even the split second we take adjusting our radios can turn out to be disastrous.

From 2010-2014, distracted drivers caused 4.5 million car crashes.

In 2014 alone, that number was around 967,000 accidents.

That’s nearly 16% of all car accidents during that time being completely preve

6. Drunk Driving

The cardinal sin of driving.

The one act that turns a saint into a villain.

One of the most irresponsible things we can do as adults.

Driving while intoxicated severely impairs our judgment and cognitive abilities to drive.

Yet, it happens over and over and over again.

It’s estimated that every single day, 28 people die due to drunk driving. 

28 people gone, every single day

That averages out to about one death every 53 minutes.

From 2005-2014, drunk driving has accounted for 31.07% of all car accident fatalities.

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7. Speeding

This is one that just about every person on the planet who has driven a car is guilty of.

Even if it’s just 1 mph over the limit, that’s speeding.

From 2006-2015, 108,554 were due to speeding.

10,000 people died in 2015 due to speeding.

Be careful out there

Those are the top 7 causes of car accidents.

The most astonishing things about that list are how preventable most of them are.

Distracted driving, drunk driving, speeding, are all easily avoidable.

Lives will be saved if we follow the law and pay attention.

Unfortunately, not all drivers obey the law and even less are paying attention.

Being involved in a car accident can change your entire life.

You may lose your car, accumulate medical bills, or even lose your life.

If you or someone you know has been involved in a car accident, it’s time to talk to a lawyer.

The lawyers at The Brown Firm have years of experience handling car accident cases.

If you’d like to speak to someone on our team, just click the link below.

We’re ready for your call.

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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The 10 Most Dangerous Cars Of All Time (Infographic)

Automobiles have always been one of the fastest growing commodities since its creation in the mid-1900s. These days, it’s not even uncommon for all households to have at least one car. Unfortunately, they’re not always safe enough to be driven.

If you’re wondering about the most dangerous cars out there, here is a detailed list on the 10 most dangerous cars ever built.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 
The 10 Most Dangerous Cars Of All Time

 

Ford Pinto

Perhaps the most infamously dangerous American car to this day, the Ford Pinto is a prime example of an under-designed car rushed to the market.

The Pinto was manufactured throughout the 70s as an answer to the surge of the Japanese and European imports. At the time, smaller vehicles like Pinto were popular in the market. It also helps that this car requires less fuel.

Unfortunately, there were significant design flaws that led to its recall in 1978. The first one was that the transmission was prone to moving into gear without the driver knowing.

But perhaps the most well-known problem is its tendency to burst into flames upon a slight rear impact. Since the fuel tank of the vehicle is located near the bumper, the probability of an explosion from one hit from the back is extremely high. 

As more people get killed from the car’s inadequately protected gas tank, it drew a lot of public attention to car safety.

Chevrolet Corvair

A car featured in Ralph Nader’s book “Unsafe at Any Speed,” the Chevrolet Corvair has a longstanding reputation in the history of vehicles.

The Corvair was created by Chevrolet to compete with car brands like Porsche. Its unique design, such as an air-cooled and rear-mounted engine can make it stand out.

However, most drivers were not prepared for the different driving style it requires. The Corvair had a reputation for being reckless as no anti-roll bar had been added to the front of the vehicle while the steering column could be easily pushed towards the driver upon impact.

Its rear-mounted engine was also said to sometimes released toxic fumes into the car’s cabin. In addition to the dangers, the negative press received from Nader lead to the discontinuing of the Corvair in 1969.

Yugo GV

The only possible benefit to purchasing the Yugo GV in the 80s was its low price tag. The GV which stands for “Great Value” was billed as America’s cheapest new car, but what came along with the low cost was a vehicle that matched the price tag.

There was no specific problem with the car that leads to any particular flurry of accidents. Instead, the cheap materials and the poor design made it too dangerous to drive in general.

As the Yugo GV offers no protection in a frontal crash, has very few built-in safety devices, and has an engine that rattled and eventually crumbled apart, drivers were likely to become seriously injured if they were ever involved in a crash.

In addition to its shortcomings in safety, around 126,000 Yugo Gvs were recalled after their carburetor fuel failed to meet air pollution standard.

Ford Bronco II

When the market was clamoring for a compact SUB, Ford’s answer was to create Bronco II. This car was designed to be agile and rugged. In spite of its popularity, it was also regrettably chronic with roll-overs.

Ford made a misstep with the SUV.  Its high body made maneuvering curved roads a dangerous thing. A tight turn at high speeds has been believed to have been directly responsible for a large number of deaths.

Ford Explorer

The Ford Explorer was built similarly to the Bronco II, but larger. The 1990s explorer was top-heavy and built on a truck chassis that was never designed for the weight and dimensions of a medium-sized SUV.

But despite the roll-over issue, the Ford didn’t go back to the drawing board, and the problem still persisted.

Even when some changes have been made in an attempt to ensure that it would not roll over frequently, the core issues of the body design were ignored which only opened the door for even more chronic issues.

Besides facing many of the same issues that plagued the earlier Bronco II, further accidents were caused by the low pressure on their tires that led to tires losing their tread and causing crashes through a loss of grip.

Dozens of people died in these cars throughout the 1990s. Thankfully, two decades later, Ford seems to have bucked the trend.

Pontiac Fiero

As a two-seater, the Pontiac Fiero served the needs of many car buyers who are looking for smaller and more efficient.

In due fairness, this vehicle had one of the highest safety ratings from crash tests. However, it still developed an infamous reputation for being unsafe. This happened because of its tendency to burst into flames without warning.

Fires could start for several reasons. Among them were the faulty wiring that resulted from poor design choices and its coolant features.

Coolant lines that were located in unsuitable places in the engine and incorrect guidance on how much oil to put in the car caused chronic under-filling and oil leakage. This is where those fires commonly started.

While the Fiero was only sold from 1983 to 1988, it still managed to cause serious havoc. It led 260 reported cases of the engine bursting to flames. Luckily, the National Highway Traffic Safety Administration (NHTSA) only received six reports for injuries.

Recommended Post: Leading causes of car accidents

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DeLorean DM-12

The DeLorean has a distinct design in the history of American cars. It became best known for its appearance in the Back to the Future films, but it also built a reputation for being an incredibly dangerous vehicle.

The design feature that made this vehicle unique became the cause of its major safety issue. Its notable winged-doors lack the safety mechanisms to release the doors after a crash which meant that this would put the drivers in a dangerous position.

These doors would be jammed, which would make it impossible to open from the inside. Also, the windows weren’t large enough to offer a passageway to safety either. In the event of a rollover, passengers would be trapped inside until the rescue crews arrived in the scene.

It may have been an iconic car once, but it’s been solidified in the list of the most dangerous cars of all time.

Audi 5000

In most people’s minds, Audis are paragons of safety and refinement. In the ’80s, however, the Audi 5000 caused a huge reputation problem for the German car manufacturer.

This vehicle had a notable faulty engine. Apparently, the defective nature of the car that sent many drivers to their early graves came from the engine. The engine had a tendency to unpredictably accelerate and heaved forward on its own even while in idle.

It happened even worse when the drivers were driving on an average speed on the highway. The transmission tantrums may surprise and shock drivers into panicking and accidentally pressing the accelerator.

The company addressed the issue by arguing that the engine was not faulty enough to cause any crashes on the road by itself but finally owned up later one. Unfortunately, a lot of drivers perished in accidents before it happened.

Kia Rio

The smallest and cheapest cars money can buy, the Kia Rio hasn’t always been the greatest when it comes to safety. This car is known to be one of the most dangerous vehicles in the U.S. since the 21st century began.

A car safety report by IIHS showed a couple of meek points for the Kia Rio’s 2012 to 2014 model including the head and leg areas that are susceptible to lethal damage when struck from the rear.

Chevrolet Corvette

The Chevrolet is a car that has been very popular throughout history. This sports car attracts the young male demographic who likes speed.

However, along with the car’s power and aerodynamic design, the combination of aggressive drivers and narrow tires led to numerous car crash accidents even to these days.

Even the most well-designed cars can get to an accident.

If you or your loved one have been injured in a car accident, contact The Brown Firm Auto Accident Lawyers today at (912) 200-9755 or visit our website at www.www.harrybrownlaw.com to learn more about our service or receive a free legal consultation.

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What Is Aggressive Driving? The 7 Most Common Examples

Let’s be honest; we’ve all been there.

You’re running late for work. Your kid is late for football practice.

You got held up at work, and your family is waiting for you to eat dinner.

Whatever the reason, you’re driving your car, and you’re not in a very good mood.

You’re rushed, you’re stressed, and you don’t want to be on the road anymore.

Then it happens. The car next to you switches lanes really quick, cutting you off.

You have to slam on your breaks to keep from hitting him, narrowly avoiding an accident.

Your face turns beet red. You can count the veins popping out of your forehead.

You let out a few choice words, pound the steering wheel a little bit, but then you calm down.

No harm was done. Everyone continues with their day.

What you just experienced was road rage, a widespread form of aggressive driving.

Luckily you didn’t let things get out of hand. However, it doesn’t always end up that way.

Aggressive driving and road rage often causes accidents and is one of the leading causes of accidents.

In this article, we’ll take a more in-depth look into road rage and aggressive driving.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

What Is Aggressive Driving?

According to the National Highway Safety Administration (NHTSA), aggressive driving is when “an individual commits a combination of moving traffic offenses to endanger other persons or property.”

The types of dangerous driving may include, but is not limited to:

  • Failing to obey stop signs, yield signs, and other traffic signals
  • Driving illegally on the shoulder or sidewalk
  • Passing in zones where passing is prohibited
  • Failing to signal turns or lane changes
  • Speeding
  • Tailgating
  • Erratic and unsafe lane changes
  • Running red lights
  • Ignoring other drivers
  • Failure to yield the right of way
  • Driving reckless or negligent 
  • Taking frustrations out on other motorists

What To Do If You Meet An Aggressive Driver

It’s never fun being on the receiving end of a road rage rampage.

We all make honest mistakes, but some people don’t see it that way.

You might not have done anything wrong, but the other driver is so blinded by his rage he decides to take it out on you.

So what should you do if someone decides to take their anger out on you?

Here are a few suggestions that will help keep you and your family safe.

  1. Always remain calm and relaxed.
  2. Do your best to get out of the way safely. Don’t escalate the situation.
  3. Swallow your pride. Don’t challenge an aggressive driver by speeding up, slowing down, or attempting to hold your position.
  4. Wear your seatbelt and encourage everyone else to wear theirs.
  5. Don’t make eye contact.
  6. Ignore them.
  7. If necessary, report aggressive drivers by providing a vehicle description, location, license plate number and direction of travel to authorities.
  8. If the aggressive driver is involved in a crash, stop a safe distance from the scene. Report the behavior you witnessed to the authorities.

Road Rage

Although very similar, aggressive driving and road rage are two different things.

According to the National Safety Council (NSC), road rage is “a physical assault of a person or vehicle as a result of a traffic incident.”

It involves turning your vehicle into a weapon with the intention of harming other people or their property.

Road rage is typically exhibited by young males, and 37% of the time firearms are involved.

That’s why it’s essential never to escalate the situation.

About half of the drivers on the receiving end of road rage reciprocate the behavior and become aggressive themselves.

Because of that, 12,610 injuries and 218 murders over a recent 7 year period were attributed to road rage.

Yes, that’s 218 murders caused by road rage.

So next time you get angry in traffic, remember it’ not worth your life.

Aggressive Driving Accidents

The AAA Foundation for Traffic Safety reports that 106,727 fatal crashes, just over 55% of the total, involved aggressive drivers.

The study was done over four years, and the most common aggressive actions were:

  1. Erratic or reckless driving
  2. Failure to obey traffic signals or signs
  3. Illegal turns
  4. Speeding
  5. Failure to yield the right of way
  6. Illegal passing
  7. Tailgating

Aggressive driving also causes countless nonfatal accidents that often result in serious injuries.

It’s best to stay calm behind the wheel.

Speeding

Nearly one-third of all traffic fatalities are speed related.

In 2010, 10,530 people died as a result of speed-related car accidents.

Speed always has, and will continue to be a significant contributing factor in fatal crashes, and crashes resulting in injuries. 

Every year, $40.4 billion is spent on speed-related traffic accidents.

That’s $76,865 every minute, or $1,281 every second of every day. 

That’s a lot of money to spend on accidents caused by people who were in a rush or just plain careless.

When you speed, you have less opportunity to react in dangerous situations.

Your ability to steer safely around curves and dodge objects in the road is significantly reduced.

It also increases the force of the impact in the event of an accident.

Overall, speeding is a terrible thing to do, and speed limits should be respected no matter what the situation.

Check out this related post: Safe driving tips (infographic)

Aggressive Driving Victims

Aggressive driving happens all the time, and it is nothing to joke about.

If you or someone you know has been involved in an accident due to aggressive driving, you need to contact an attorney.

The auto accident lawyers at The Brown Firm have successfully handled countless car accident cases, and they’re ready to help you.

The Brown Firm will evaluate all the facts and evidence in your case to establish that another aggressive driver caused your accident.

We will not stop until you receive fair compensation for the injuries and damages you sustained in your accident.

Depending on the statute of limitations, you may be running out of time to file your claim. Click the button below, and let’s get started.

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