Articles Tagged with “georgia motor vehicle accidents”

ambulance1-resized-600-200x300Each year over 65,000 pedestrians are struck and injured by motor vehicles in the United States. According to the Insurance Institute for Highway Safety (IIHS) most of these accidents occur on public roadways in urban areas. The majority of people never imagine the possibility of being struck by a motor vehicle during their walk to work or a leisurely stroll, but the reality is that injury and death caused by a motor vehicle strike is increasingly common. The exact cause of the prevalence of such accidents is attributed to the increase of distracted driving, however, there are instances where the pedestrian may, in fact, be at fault. Regardless of the situation, if you have been struck by a motor vehicle it is critical that you immediately seek the counsel of a personal injury attorney. Your attorney will be able to answer any questions you may have and advise you on whether or not you are eligible for compensation due to the injuries you sustained.

Pedestrian Rights

In the state of Georgia, pedestrians have the right of way on all crosswalks. However, drivers are often oblivious to this rule or the existence of pedestrians on a busy street. Drivers will often try to shift the blame on pedestrians in the event that an accident occurs. In order for the pedestrian to prove that the driver was at fault, they must prove that the driver’s negligence led to the accident. In general, negligence is defined is the failure to take reasonable action to protect others from a foreseeable risk. To prove that a driver was acting negligently in an accident with a pedestrian the following must be proven:

trial-resized-600-300x201In life, certain people may not see eye to eye, and unfortunately, this holds true in attorney-client relationships as well. An attorney can be a vital asset during a personal injury claim, however, it is important to understand that an attorney-client relationship can be very complex. It is imperative that a person has complete trust in their attorney and feels as if their needs are being met, in the event that this is not the case it is possible to switch attorneys. Although not always the easiest thing to do you can “fire” your personal injury attorney once a lawsuit has been initiated. However, if you feel it is necessary, you should not be afraid to switch attorneys to the attorney you feel is best for you.  

 Consulting with a New Attorney

 It is important to remember that you have a contract with your current attorney, however, a judge will allow you switch attorneys should you feel the need. When you contact a new attorney it is important to let them know you are currently being represented by someone else. Once you have hired a new attorney it is important that you promptly notify your previous counsel of their dismissal.

crash5By now most people are familiar with the concept of self-driving cars, however, few are aware of the legal and safety implications this new technology presents. Companies like Alphabet, Inc. (Google’s parent company) and Tesla are leading the way in self-driving vehicles–more formally known as autonomous driving. While statistically far safer than human operated vehicles, many people are still very apprehensive about the idea of releasing the wheel and letting a computer take over. Part of the reason for this fear is due to the widespread media coverage of any crash an autonomous vehicle is involved in.

 Autonomous Driving & The Law

 In the near future, autonomous driving vehicles will begin to sweep across the nation. With heavyweight corporations investing large amounts of time and resources in self-driving programs it is only a matter of time until we see widespread fully developed autonomous vehicles. With these developments must come adequate a new legal framework to support this developing segment of transportation that society will partake in. As of 2016, only six states in the country have passed legislation regulating autonomous driving. In the coming years is Georgia is expected to pass its own legislation as the state house of representatives passed House Resolution 1265 in 2014 which laid the foundation for the development of a House of Representatives committee on self-driving vehicles.

ambulance6-resized-600-300x201In 2016 there were 1,130 traffic fatalities in the state of Georgia, a harrowing statistic, however, no number can come close to encapsulating the immense pain and confusion associated with the sudden loss of a loved one. The shock of receiving this kind of news can be unbearable, and the unfortunate reality that the incident may have been caused by someone else can place extraordinary strain on a family. Fortunately, there are laws in place to help hurting families through these tough times. If you find yourself in a situation like this it is imperative that you reach out to a personal injury attorney who will be able to guide you through your situation. An attorney can be a voice of reason and will fight to ensure that you and your family receive the compensation you deserve.

 Wrongful Death Torts

 A wrongful death claim is a situation in which the plaintiff (the accuser) seeks damages from the defendant for causing a fatality. Georgia state statutes describe  “wrongful death” as a personal injury tort where someone’s reckless, negligent, or intentional action resulted in the death of another individual. In most instances a wrongful death is typically the result of a vehicle accident, criminal act, or medical malpractice; however, the claim is not dependent on how the individual died.  

crash5Following an auto accident, you may feel pressured to comply with questions and requests that are made. The aftershock of the collision and the feeling of helplessness that follows can make a person overly compliant. However, it is important to know that your actions and responses after an auto accident can set the tone for the claims process. If you are involved in an accident it is best to first speak with an experienced attorney who will advise you on how to best handle the circumstances of your situation.

 What Should You Do?

 Following an accident, you will be approached by an insurance adjustor who may seem like they are looking out for your best interests, however, be aware that this is not the case. This individual works for the insurance company and their primary objective is to save their company and client as much money as possible. During this process, the insurance adjustor can use any action or statement you make against you. Maintaining your silence will ensure that you do not compromise your case.

car-accidentTypically, when you think of a hit-and-run accident, you think the worst, a situation where a driver hit a pedestrian and fled the scene. However, Georgia state law provides a far more broad definition of this term. Surprisingly, statistics suggest that nearly every driver will be a victim of a hit-and-run in their lifetime. The most common occurrence is when your vehicle is parked in a parking lot and is struck while you are away, and the driver leaves without leaving any information. Unfortunately, the number of serious injuries and fatal hit-and-runs are also on the rise in the United States.  According to the AAA Foundation for Traffic Safety, nearly 1500 American drivers are killed annually in hit-and-run collisions.

Hit-and-Run in Georgia

In the state of Georgia, a hit-and-run is defined as any incident where a driver fails to stop or return to the scene. This means that a hit-and-run is any occasion where a driver leaves the accident prior to identifying themselves. Regardless of if the collision involved personal injury or property damage, every driver must remain at the scene. Depending on the type of collision and severity of the damage, Georgia law lists potential penalties for drivers who flee the scene of an accident.