Cases We Handle for Injured Persons
- doug3549
- 2 days ago
- 37 min read
Atlanta Bicycle Accident Attorneys
Experienced with Bike Accident Claims in Georgia
Atlanta was originally oriented around cars and trucks, with streets designed to navigate drivers around the city as rapidly as possible. Due to all the traffic build-ups, however, biking began to become a much more effective form of transportation. In addition, bicycling contributed to a healthier environment, both for nature and for humans. The problem was that even though bicycling became increasingly popular, the streets and roads which were originally designed for car traffic were not expanded or adapted to aid bicyclists.
It has increasingly grown dangerous for bicyclists riding through Atlanta’s metropolitan center as car drivers have become accustomed to seeing bicycles around, and thus more careless. Such negligence is far more damaging to the vulnerable cyclist, often causing injury or death. Get in contact with us so that our knowledgeable bicycle accident attorneys in Atlanta can give you true justice.
Call us today at (404) 842-0909 so that our Atlanta bicycle accident lawyers can come to your aid when you need it most.
Types of Injuries Caused by Bicycle Accidents
Although any type of road accident can be dangerous, accidents that occur to bicyclists often tend to result in the most devastating of injuries. A cyclist is the primary victim of an accident between a car and a bicycle on account of the fact that a car is so much larger and is going at a much faster rate. There are countless forms of injuries that cyclists have suffered from such terrible accidents.
Just some of the horrific injuries caused by car and bicycle crashes include:
Head injuries, leading to impaired cognition
Traumatic brain injuries, resulting in loss of memory and concentration
Spinal injuries, leading to either complete or partial paralysis
Crushing injuries, causing punctured vital organs or internal bleeding
Broken bones, jawline and dental injuries, scarred facial and skin tissues, torn muscles, and damaged joints and tendons can also result from the crash. Even supposedly “milder” road rash often leads to dangerous infections, which then cause extensive hospitalization.
Pursuing Compensation
When you have been inflicted with such terrible suffering, you need to seek the compensation you deserve so that you can finally begin to rebuild your life. Everyone would prefer to simply pick up life where it paused, but that cannot occur without compensation to pay high hospital bills and therapy costs. Any time you have needed to take off from work becomes very costly, and if you are unable to work for several weeks, your boss might even let you go. If this is the case, it is essential to gain injury compensation or you could be facing crippling debt for many years.
Not only will you need support for rehabilitation or even disability aid, but you will need emotional support as well, including counseling to help alleviate anxiety, stress, and depression. This is why it is crucial to get our dependable bicycle accident attorneys in Atlanta, GA involved, so that you do not need to fear fighting negligent drivers on your own.
Atlanta Car Accident Lawyer
Metro-Atlanta is home to some of the country’s busiest highways. Auto accidents are a serious problem all around the United States. Recklessness of drivers on I-285, I-85, I-75, I-20 and GA 400 can cause catastrophic injuries.
If you or a loved one has suffered serious injuries from an automobile accident in Atlanta, contact our office to discuss possible compensation for your case with one of our experienced attorneys.
Why Choose Us?
Our firm maintains a small case load so we can devote personalized attention to each and every case we take.
Over the past years, we have recovered more than $10 million in damages for our clients.
We offer free consultations to potential new clients. Speak with one of our attorneys to learn more about your legal options and how an attorney can help.
How can an Atlanta car accident lawyer help me?
A car accident claim may seem straightforward at first, but there are countless possible complicating factors that may arise in any given case. For example, the defendant in a car accident lawsuit may counterclaim that the plaintiff is responsible for the accident after receiving the plaintiff’s initial complaint. The plaintiff’s attorney can then work toward countering this claim by gathering additional evidence, reviewing witness statements, and consulting expert witnesses who can help deduce the truth of the matter. An attorney can help navigate these obstacles and address them to the benefit of the plaintiff.
A good auto accident attorney can also handle insurance-related issues for a plaintiff. Most car accident claims will involve insurance in some capacity. For example, in a fault-based state like Georgia, a driver who suffers damages and/or injuries from a negligent driver would file an insurance claim against the at-fault driver’s auto insurance policy. Generally, insurance carriers will offer lower settlements or may even deny a claim, not compensate for medical bills or an adjuster may attempt to pick apart an auto accident claim to look for any fault on part of the claimant.
When an auto insurance claimant has legal representation, a claims adjuster will be far less likely to push back against a legitimate claim. Most insurers simply hope that a claimant will take whatever the insurer offers at first to simply move past the issue, even if it is a lowball offer, but adjusters will rarely try this with a claimant who has legal representation.
What are the most common auto accident injuries in Georgia?
An automobile accident can cause many different types of severe injuries:
Broken bones
Lacerations
Serious burn injuries
Whiplash
Spinal cord injuries
Traumatic Brain Injuries
Lasting emotional trauma, PTSD, anxiety, depression, and other psychological issues
Most Common Causes of Auto Accidents in Georgia
· Road Rage
According to the NHSTA, 66% of the nation’s traffic fatalities are caused by a form of aggressive driving. Road rage is defined by the NHSTA as “the operation of a motor vehicle in a manner that endangers or is likely to endanger persons or property.” Georgia law classifies road rage as unlawful and a misdemeanor offense.
Speeding.
Auto wrecks can occur for a variety of reasons. One of the most common causes is speeding. Between the years of 2006 and 2015, speeding led to nearly 30% of the nation’s car accidents. Almost half of the speeding accidents happened on highways with speed limits above 55 miles per hour.
Lane Splitting
Lane-splitting can also be the cause of serious car accidents in Atlanta. While lane splitting is illegal according to Georgia state law, some motorcyclists still do so. If lane splitting led to an Atlanta motorcycle accident, consult with an attorney to understand your legal options.
Drunk Driving.
Drunk driving is another leading cause of auto wrecks. It lowers peoples’ inhibitions, making them more likely to make reckless decisions. Impaired drivers also have far slower reaction times, which decreases his or her ability to quickly adjust in dangerous situations. Every day in the United States, 28 people die in drunk driving accidents.
Tired Drivers.
Driving while under the influence of drugs or alcohol is not the only type of impaired driving. Many people do not realize how dangerous drowsy driving is. Tired drivers also have slow reflexes and run a higher risk of making reckless decisions. Driver fatigue is one of the leading causes of auto wrecks.
Texting and Driving.
As technology becomes more prevalent in society, distracted driving increases in frequency. Whether it is texting, doing makeup, changing the music, or programming the GPS, any type of distraction behind the wheel could be deadly. Between the years of 2010 and 2014, the number of auto wrecks caused by cell phone use increased by almost 38%, and the number is still high today. Even just glancing down at your phone can take your eyes off the wheel for long enough to cause a serious accident.
Weather.
Hazardous driving conditions and weather are both big contributors to auto wrecks in Georgia. Rain, snow, ice, fog, and many other conditions can seriously debilitate driving abilities.
How many road fatalities happen in Georgia every year?
Since 2010, Georgia has lost over 1,000 citizens each year from motor vehicle accidents. 2016 claimed 1,556 lives on Georgia roads, and while we saw a slight decrease the following year in fatalities the number of vehicle crashes rose by 16.
What do I do if I’m injured in a motor vehicle accident?
Getting involved in an accident can be a very frightening and chaotic experience. In the midst of everything going on, it’s easy to forget to gather some information that will be helpful to you later down the road if you wish to pursue an injury claim. Below are three things you should remember to do if ever injured in an Atlanta Car Accident:
Seek immediate medical attention.
Your first priority after a car accident should be your personal well-being. Check yourself for injuries and do not move if it is painful to do so. Call the police to report the accident if no one else has done so and wait for an ambulance to arrive. If you are able to get up and move around, do so cautiously and check on the other people involved in the accident. Even if you feel you may not need to, it’s important to ensure you didn’t sustain any injuries that may not be so easily visible, i.e. concussions, internal bleeding, etc.
Document Your Accident.
If you can safely do so, try to take photos of the accident scene before the police clean it. You should take photos of your injuries, the damage to your vehicle, any debris in the road, as well as the damage to the other vehicles involved. These photos will be tremendously helpful later when you start building a case. You should also record the contact information of the other driver or drivers, as well as any witnesses who saw the accident occur.
Be Careful What You Say.
When you speak with the police, be very careful of your word choice. While the adrenaline in your system after a car accident may make it difficult to focus, refrain from saying anything the police may misconstrue as an admission of fault. Saying things like “I didn’t see him,” “I’m sorry,” or “I couldn’t stop in time” could all come back to haunt you later, so answer the police’s questions concisely and honestly, but do not admit any fault even if you think you are partially responsible for the accident.
Seek Legal Advice from an Atlanta Car Accident Attorney.
Lastly, call your Georgia auto accident lawyer before speaking to the opposing party’s insurance company. Anything you say or do, even well intentioned or accidental, will be used by the Insurance Adjuster to decrease their potential liability. This includes any mention or indication of an apology, even if the accident was clearly not your fault. Please understand that Insurance Adjusters are highly trained professionals and they are graded on how well they limit recoveries for injured parties. You would not attempt surgery on yourself, or build your car by yourself, or program your computer by yourself. You need an expert.
Contact our office today at 404-842-0909 to discuss your case over a free consultation.
Georgia’s Car Accident Laws
Modified Comparative Negligence
Georgia follows the modified comparative fault rule. The courts have the right to adjust your compensation if it determines you are partially responsible. For example, if the court determines you are 15% at fault for the wreck, it will reduce your compensation by 15%.
Hit & Run Accidents
Hit-and-run accidents, though not as common as other types of car accidents, are a serious problem, and victims believe they have no recourse after suffering an injury in a hit and run. However, if you suffered an injury in a car accident and the at-fault driver fled the scene, you may be able to file a claim against his or her insurance company.
In Georgia, the laws about hit & run accidents are clear. If you caused or are involved in a collision, you must stop and remain at the scene of the accident. The circumstances that would warrant you to stop include:
The accident caused damage to someone’s vehicle
The accident caused an injury
The accident caused a fatality
Once you stop at the scene, you must exchange information with the other people involved. You must provide your name, address, and vehicle registration information. You must also, if possible, get your vehicle off the road to avoid obstructing traffic and assist any injured people as much as you can.
Georgia courts consider causing injury or damage and fleeing the scene a much more serious offense than a regular car accident. Even though the basic penalties are the same, the court will most likely increase the compensation significantly. The court may automatically triple the amount in damages, to further punish the defendant.
How much does a car accident attorney cost in Atlanta?
The expense is one of the main causes for hesitancy in hiring an attorney for personal injury claims. While attorneys’ fees can indeed be expensive, the alternative would be failing in your lawsuit, or never getting a lawsuit off the ground at all. Besides, our injury attorneys offer contingency fee billing, which means they do not accept attorneys’ fees unless they win their cases. Additionally, some plaintiffs will be able to claim their attorneys’ fees as damages in their cases, so hiring an accident lawyer can actually increase a plaintiff’s net award in such a case.
Your attorney will also contact expert witnesses who can further strengthen your case by testifying to the extent and effects of your injuries, the pain and suffering you likely experienced as a result, and the potential for long-term or permanent disability resulting from your accident. Other experts may be able to testify to the extent of your financial losses following an accident or other aspects of your case.
What Damages Can I Recover from an Atlanta Car Accident Claim?
When another driver causes an car wreck with your vehicle due to negligence, that driver is liable for all of the resulting damages to you and your property.
First, the plaintiff in a car accident case can claim property damage in the lawsuit. This can include vehicle repair or replacement costs or the costs of replacing any other personal property destroyed or damaged in the accident in question.
The plaintiff can also claim compensation for any and all medical expenses incurred as a result of the defendant’s negligence. These damages can include hospital and medical bills, fees for specific necessary treatments, prescription costs, medical devices, and all expenses related to necessary ongoing medical treatment like physical therapy or follow-up visits with a doctor.
A plaintiff can also claim lost income if an accident and the related injuries force him or her to miss work for an extended time. Additionally, it can also be possible for a plaintiff to secure compensation for lost future earnings if his or her injuries prevent returning to the same job or working at all in the future.
Plaintiffs may also receive damages for their pain and suffering. Pain and suffering damages cover the difference in overall quality of life. The jury will listen to testimony from expert witnesses and determine an appropriate figure to compensate the plaintiff’s physical pain and emotional suffering resulting from the incident in question. A car wreck attorney will often prove pain and suffering by getting a statement from someone who can testify about your life before and after the accident. Finally, there is also potential for a plaintiff to receive punitive damages if the defendant in the case was grossly negligent or acted intentionally to cause harm to others.
Speak with an Atlanta Car Accident lawyer for Free
If a negligent driver injured you in an auto wreck in Atlanta, we can help you recover damages for you and your family. Our attorneys have decades of experience fighting for the rights of auto accident victims. Our extensive knowledge of auto wreck laws gives us the ability to inform and guide you through the entire process.
Atlanta Catastrophic Injury Lawyers
Powerful Representation for Your Personal Injury Claim
If you or a loved one have suffered recently from a catastrophic injury, you know how acute the suffering is. While any injury is painful, these particular kinds of injuries usually create long-term impairments or even permanent consequences, whether in the brain, spinal cord, or throughout your entire body. Such injuries can be the result of car and truck crashes, slip and falls at work, sports collisions, medical negligence, and much more.
When you have been left to deal with a mountain of medical bills, excruciating pain and suffering to the point of having a disability, and a reduced ability to earn income, it is time to contact our Atlanta catastrophic injury attorneys. Our highly knowledgeable and empathetic team wants to give you the compensation you deserve when others have been negligent and irresponsible.
Call us today at (404) 842-0909 so that our dependable personal injury lawyers can support you in getting the aid you need.
Types of Catastrophic Injuries
When it comes to legally defining catastrophic injuries, such harms are the types of injuries which lead to either disfigurement or disability, usually for an extended period of time, if not permanently. Unlike minor cuts and scratches, these painful wounds, breaks, stress fractures, or other damages do not heal quickly or at all. Limited surgeries or even hospital visits will not cure them.
Such kinds of terrible injuries caused by these catastrophes often include:
Damage to the spinal cord
Injuries causing brain trauma
Decreased memory
Inability to properly use motor skills or cognitively process
Disfigurement of one’s face and skin
Punctured, ruptured, or malfunctioning organs
Burns and scarring
Deafness
Blindness
Damage to nerves
Severe bone fractures
Paralysis
Amputation
Catastrophic Personal Injury Claims
While some catastrophic injuries are accidental, a shocking percentage of them are caused by other people's negligence. Such malpractice or irresponsibility could occur when a person is driving, at the workplace, or even in a recreational vehicle. When such negligence creates a terrible injury to you or a loved one, you should pursue a personal injury claim against whichever company, group, or individual caused your suffering through ignorance or negligence.
Some of the compensation our clients have been able to claim include:
Both present and future medical bills and expenses
Both present and future wages lost by the accident
Adaptive equipment needed to support your injury rehabilitation
Costs of surgery
Continual disability needs
Traumatic stress, suffering, and anxiety
The amount of compensation you can receive will vary individually depending on the seriousness of your injury, as well as the amount of proof you have that the offending person or group was truly negligible.
Immediately Get in Contact
It is important to remember that you have a limited amount of time to file your claim before it expires.
Atlanta Lyft & Uber Accident Lawyer
Atlanta Lyft/Uber Accident Lawyer
Rideshare companies, such as Lyft and Uber, have quickly become a staple in the state of Georgia. These services provide a convenient, accessible alternative to taxis and other methods of public transportation. However, accidents can happen, resulting in serious damages and injuries. When this occurs, who is responsible for your personal injuries, and who can you pursue for compensation?
If you or a loved one has been injured in a ridesharing accident, contact us to discuss your case.
We maintain a smaller case load so that we can take a personalized approach to each case, ensuring that you receive undivided attention from our attorneys through the claims process.
We are not intimidated by large companies, and we will not hesitate to take your case to trial if it leads to a fair compensation on your behalf.
We have recovered over $15 million since 2007, including setting a state record for victory.
Atlanta Rideshare Rules and Regulations in
In 2015, the state of Georgia passed two state bills that officially regulate ridesharing companies such as Uber and Lyft. House Bills 190 and 225 require ridesharing companies to uphold the following regulations:
Drivers must be at least 18 years of age.
Drivers must be covered by state-mandated liability insurance.
Drivers must complete a comprehensive driver history report.
Companies must conduct their own independent background checks that may be subject to a state audit.
In order to meet insurance requirements, Uber and Lyft both offer liability insurance to their drivers when they are on the clock. This includes:
When the driver’s app is on and they are waiting for passengers.
When they select a passenger and are driving on the way to their location.
From the moment they pick up the passenger, to the moment the passenger exits their vehicle.
Who is At Fault in a Rideshare Accident?
When determining liability, a ridesharing accident generally shares much of the same traits as a standard car accident. Georgia follows the rule of comparative negligence, in which parties can share blame in an accident and effectively adjust your compensation accordingly. For example, if you were found to be 15% at fault in an accident, your damages would be reduced by 15%. If an Atlanta accident involved a motorcyclist, and a Lyft/Uber driver was found to be at fault, you may be able to seek compensation from the organization’s insurance depending who was in the vehicle at the time of the accident.
Why Do You Need a Lawyer for a Rideshare Accident in Atlanta, GA?
Negotiating the percentage of fault in an accident can be an intricate process that requires the skills and knowledge of an experienced Atlanta car accident attorney. However, this process may be further complicated by the involvement of a ridesharing company.
Typically, companies such as Uber and Lyft do not share any fault in a ridesharing accident. The drivers in each company operate as independent contractors, and thus the companies claim they are not liable for their drivers’ actions. However, despite these claims, Uber and Lyft do provide liability coverage for their drivers when they are on the clock – a benefit that typically applies to full-time employees.
We can sort through these complex liability issues and accurately pursue compensation from the responsible parties.
Contact Our Atlanta Lyft/Uber Lawyer Today
If you were seriously injured in a ridesharing accident in Georgia, contact us. Our compassionate lawyers can help you determine who is at fault for the accident, negotiating with the responsible parties on your behalf for the maximum possible compensation.
Atlanta MARTA Accident Lawyer
Atlanta public transportation might be one of the easiest ways to get around this busy city, but it isn’t always the safest. Ask the five people injured in the recent MARTA bus accident in Atlanta, and you’ll see why it’s necessary to understand at least the basics of what to do after an accident and injuries involving public transit. Public transportation accidents involve different rules and regulations than standard vehicle accidents. You may need to file a claim against the state or city government. Here’s what you need to know.
The Metro Atlanta Rapid Transit Authority (MARTA) system provides transit to more than 500,000 people every weekday. It has over 338 rail cars, 173 lift vans, and more than 550 buses operating in and around metropolitan Atlanta. As with any large transportation system, however, accidents occur. If you suffered an injury in a MARTA accident, contact us today. We can provide you with reliable and experienced representation.
For information on commercial vehicle accidents, visit out Atlanta car accident attorney page to learn the difference in submitting a claim and what our firm can do for you.
Common Causes of Bus and Train Accidents in Atlanta
Buses and trains make up the majority of MARTA’s fleet of vehicles. Though drivers of buses and trains are usually more experienced and careful than regular car drivers, accidents can still happen. Some of the common causes of bus and train accidents include:
Poorly maintained equipment
Poor training and oversight
Inadequate communication
Distracted driving
Driving while under the influence of drugs or alcohol
Recklessness by other motorists
Weaving and lane-splitting causing a motorcycle accident
Due to the large number of people often occupying buses and trains, accidents can leave numerous people severely injured. Some of the most common injuries that occur in bus and train accidents include:
Back, spine, and neck injuries
Fractured or broken bones
Internal injuries
Paralysis
MARTA owes all passengers a certain standard of care. Like other motorists, MARTA drivers must always act in a way that keeps people reasonably safe. However, because the drivers are professionals and well-trained, Georgia law holds them to a higher standard than other drivers. “Common carriers”, as the law calls public transportation entities, must act as reasonably careful operators.
If you are filing a lawsuit against a public transit entity such as MARTA, you still need to show that it acted negligently, and its actions caused your injury. However, it can be easier to prove negligence in public transit cases, as the law requires the drivers to be especially vigilant.
Your Health and Wellness Are Top Priority
After any Atlanta auto accident on public or private transportation, your health should be your number one priority. Call 911 if you have injuries, or tell the bus driver or person making the call that you think you’re injured and need an ambulance. Don’t be too quick to say that you don’t have any injuries. The adrenaline could be masking pain or symptoms.
Instead, say that you aren’t sure and require a medical examination. Saying you don’t have injuries could impede your insurance claim if you discover injuries later. Also, don’t say anything that could incriminate you. Since Georgia is a fault state, the at-fault party will be the one liable for everyone else’s damages. Protect your rights by not admitting fault.
Evidence Is Important in a Bus Accident Claim
Treat the bus, school bus, train, subway, or taxi accident in terms of a future insurance claim. Start gathering and documenting details of your collision as soon as you can. Don’t assume no one is to blame or that you don’t have the right to financial recovery. Instead, assume the opposite and start preparing your case from the very beginning. While still on the scene of the public transportation accident, try to collect the following information:
Public transportation company’s name
Public vehicle’s identification number
Name of the driver
Company’s insurance information
Number of vehicles and people involved
Number of injuries
Descriptions of any injuries or property damage
If possible, take photographs of things while still at the scene of the wreck. Take pictures of the vehicle(s) involved, the roadway, your injuries, and anything that may be important to a future insurance claim, such as photos of a blown bus tire or a pothole that ran the bus off the road. When it comes to an insurance claim or personal injury lawsuit, a picture really is worth a thousand words. Ask a friend or family member to take pictures for you if you are unable to do so at the scene.
Cases Against Georgia Government Differ from Other Claims
State and local governments preside over public transportation systems. Public transportation accidents involve common carrier laws, which state that vehicles in charge of transporting passengers must exercise the highest degree of care for passenger safety. A breach of this duty, resulting in a crash, is negligence. If the public entity in charge of the vehicle is guilty of negligence, injured passengers may have the right to file civil claims in pursuit of damage recovery.
You have one year from the date of injury or discovery of injury to file a notice of claim against the government in Georgia. This written notice shall go to the party allegedly at fault for the crash. The government entity will then either accept the claim and offer a settlement amount or deny the claim and give you the opportunity to file a personal injury lawsuit. At this point, hire a lawyer to represent you during negotiations if you haven’t already.
Claims against the Georgia or Atlanta government for public transportation accidents are complex and highly time-sensitive. Work with an experienced accident lawyer for your best chance at securing compensation.
Filing a Lawsuit Against Public Transit
Because MARTA is a government entity, filing a lawsuit is slightly different than if you filed against another person. In most personal injury claims, you can file a lawsuit without telling the other person beforehand. When filing against a government entity, you must send a notice that tells the government that you intend to file a claim within six months of the incident. The notice must include:
A statement of your intent to file for compensation
A description of the time, place, and circumstance of the accident
The losses you suffered
Your name and address
If you fail to notify the government in time, you may not be able to file a claim and get compensation for your injuries.
Potential Damages in MARTA Accident Claims
If the court determines that MARTA is liable for your injuries, it may award you a certain amount in damages. One of the most basic types of damages are past and future medical expenses, which include hospitalization bills, cost of doctor visits, physical therapy, medications, and any other medical fees you have because of the injury.
MARTA may also need to compensate you for wages you lost because of days off work that you needed to recover. Lost wages include a difference in earning potential if you are no longer able to earn a salary as high as before the accident.
MARTA accidents can cause a significant change in overall quality of life. The court may order compensation for pain and suffering damages. Most attorneys will take statements from people who can testify about your quality of life before and after the accident.
MARTA Accident Attorney
Filing a claim against MARTA can be extremely difficult. We have experience going up against public entities. We have a deep understanding of MARTA requirements and Georgia’s public transit rules and regulations.
Contact us to get you compensation for your public transit injury.
Atlanta Motorcycle Accident Lawyer
Jump to Motorcycle Accident Information
Why choose our motorcycle accident law firm?
What are motorcycle liability laws in Atlanta?
How do I prove fault in a motorcycle accident?
What are comparative negligence laws in Atlanta?
What should I do in a motorcycle accident?
How much is my motorcycle accident claim worth in Atlanta?
Most motorcyclists understand the extended risks they take when maneuvering in a vehicle with minimal protection and high speed capacity. However, this doesn’t leave drivers off the hook for driving recklessly around motorcyclists. If a driver fails to allow proper space for motorcyclists, give them the right of way or doesn’t see a motorcyclists due to a distraction, you may pursue an injury lawsuit against them to repair the damages of your injury.
All drivers must do their part in assuring the road is safe for all drivers, including motorcyclists and pedestrians. If you or a loved one has been injured in an Atlanta motorcycle accident, contact our office today to discuss your case over a free consultation. Our Atlanta motorcycle accident attorneys have decades of experience fighting for the rights of accident victims, and can help you.
Why Choose Us?
Motorcycle accident cases require experienced legal expertise to understand the injury sustained and the measures that must be taken to account for damages. From broken bones and surgery through complex RSD and PTSD diagnosis, we specialize in injury cases and will provide you with the experienced defense in two-wheeled accident cases to ensure desirable results. Our attorneys will:
Gather testimony from witnesses
May subpoena to obtain security camera footage and other forms of relevant evidence
Examine reports
Handle complex litigation between insurance companies
File all required documents by State deadlines
File all required documents by state deadlines
Represent you and your interests in mediation and court
Gather all necessary information to determine the cause of your accident
Our legal team will also walk you through the complex process of pursuing a personal injury case and provide you personalized representation the whole way. Our team is deliberate in maintaining a small case load to ensure each case gets the proper attention and care it requires.
Motorcycle Liability Laws in Atlanta, GA
If you sustain injuries in a motorcycle accident in Georgia, you may be eligible to recover damages for any losses from the accident from an at-fault party. Depending the cause of your accident will ultimately decide who you may seek compensation from for your injuries. For example, if a texting driver in Atlanta swerved into your lane and caused you accident, you may likely collect compensation to pay for any medical expenses related to the accident, including lost wages, property loss or damage, medical expenses, as well as pain and suffering.
Proving a Negligence/ At-Fault Driver
Before you can collect any compensation from a motorcycle accident settlement, the court will need to determine who is liable. Georgia law requires that you prove that the other driver was negligent, which then caused the accident. To do so, a victim and their legal team must prove the following:
Victim suffered damages because of the accident
The at-fault driver had a responsibility to the victim to abide by road rules and ensure safety for other drivers
Victim’s injuries are a direct result of the motorcycle accident
A connection exists between the driver’s failed responsibility and your injuries
Once you and your legal counsel can satisfy the above requirements, you have a strong, compelling personal injury lawsuit. However, proving liability is not always easy in these cases.
Comparative Negligence Laws in Georgia
Georgia operates under comparative negligence laws for determining liability in personal injury cases. According to these laws, if you are partially responsible for the accident, the courts will reduce the final settlement amount you will receive. Breaking a traffic law, failure to follow the right of way, or impaired driving can cause the courts to find you partially liable.
For example, imagine the jury awards you a final settlement of $200,000. However, you were speeding at the time of the accident, and the jury determines you are 30% liable for the accident. The court will then reduce your final settlement by 30% and the actual amount you receive will be $140,000.
What to Do in a Motorcycle Accident
If you are involved in a motorcycle accident, don’t panic. After the accident occurs, stay at the scene. If you are able, collect information from the at-fault driver, such as:
Name
Insurance number
License plate
Make and model of the driver’s car
Pictures of damage
Make sure the driver stays at the scene until law enforcement arrives.
It is very important not to say that you were at fault for the accident or to admit guilt in any way. You may not remember all the facts of the incident due to shock or your injuries. If possible, collect information from witnesses around the area.
After you receive medical attention, make sure to collect a report from your visit. Once you return home or feel stable enough to make a call, contact our legal team immediately.
If you are unable to perform the above actions due to your injuries or shock, don’t worry. We are here to help. Our Atlanta attorneys are skilled in investigating motorcycle accident cases. We will gather testimony from witnesses, review security footage, examine reports, and collect all available forms of evidence to build a strong, compelling case for you.
How much is my Motorcycle Injury Claim worth in Atlanta?
After evaluating the factors of your case, an experienced Georgia accident lawyer will be able to discuss the possibilities of a realistic range for the settlement that you will propose to the insurance company.
The next step is for your Georgia accident lawyer to send a letter of demand to the insurance company and wait for the insurance company to make a payment.
Schedule a Free Consultation Today
Our Atlanta motorcycle accident attorney team has extensive knowledge and expertise on motor vehicle accident claims. We can help you get the compensation you deserve. Contact our Atlanta office today to schedule a free initial consultation and case evaluation. We also accept contingency cases, so you are able to defer attorney fees until we win you case – call (404) 842-0909.
Atlanta Passenger Accident Lawyer
Passengers of an Automobile Accident
Split-second poor decision and people can get injured or killed. A two-car automobile crash is further complicated when the insurance companies disagree about which driver is liable for the accident. If you are an injured passenger, you need your medical bills paid, regardless of which insurance company pays out. The good news is that passengers involved in auto accidents do have a number of options available to them. The bad news is that no insurance company will not just come out and offer payment to anyone, let alone passengers. You will need an experienced Atlanta car accident attorney to fight for you.
First of all, the insurance companies will need to work out which party is at fault to determine percentage of liability. If the accident was a two car accident, one of the drivers is definitely going to be liable. If the accident was a one car accident, like crashing into a tree, then the driver will usually be liable. As a general rule, if the driver hits something, the driver is deemed to have performed an action that amounts to negligence.
In a car accident case, as with any Atlanta personal injury claim, you the plaintiff must be able to prove two things: 1. liability, meaning the defendant’s fault, and 2. damages, extent of injuries you suffered.Yes, claiming compensation for car accident-related cases is very complicated. If you are a passenger who was injured in an Atlanta car accident, and have any questions about your legal rights, call us for your FREE case evaluation.
Atlanta Pedestrian Accident Lawyer
Atlanta is one of the busiest metropolitan regions. Every day, thousands of vehicles and pedestrians traverse its streets. Unfortunately, not all pedestrian-vehicle interactions end well. Many result in car accidents, serious injuries and deaths. In 2016, 232 pedestrians died in Georgia traffic accidents, according to the Governor’s Office of Highway Safety. This was a 10-year record high in the state.
If a vehicle recently struck you or a loved one in Atlanta, our pedestrian accident attorneys can protect your rights. From investigating driver fault to fighting for fair financial recovery, our attorneys will be with you every step of the way. Your injuries could entitle you to compensation in Georgia. Contact our office today for a free consultation about your case.
Why Choose Our Atlanta Pedestrian Accident Lawyers?
We have spent years negotiating and litigating complex pedestrian injury claims. We know exactly how to handle pedestrian accident cases.
We have secured six- and seven-figure results for past clients. While we cannot guarantee results for clients, we can promise to work hard to obtain the best outcomes possible.
We charge clients on a contingency fee basis. You will only pay attorney’s fees if we are successful and win your case.
Do You Need a lawyer for your Atlanta pedestrian accident claim?
It is important to hire an experienced lawyer if you have suffered serious or life-changing personal injuries in a pedestrian accident in Atlanta. You may need more than an insurance claim to receive fair compensation for expensive medical costs for a significant disability. A lawyer could take your case to court in Georgia for better results. A lawyer could also take over negotiations with a driver’s insurance company to optimize your odds of a fair settlement. Hiring an attorney lets you focus on you while a professional handles the legal process.
Why Do Pedestrian Accidents Happen in Georgia?
Atlanta is one of the most dangerous cities in Georgia for pedestrians and bicyclists. Crowded intersections, busy streets, distracted drivers and unsafe crosswalk designs increase the risk of harmful pedestrian-vehicle collisions. The number one cause of pedestrian injuries in Atlanta is human error. A driver or another party could be responsible for your Atlanta car accident and related injuries if he or she caused them through an act of negligence.
Causes for pedestrian accidents in Atlanta:
Distracted driving
Drunk driving
Driver fatigue
Aggressive driving
Speeding
Reckless driving
Roadway defects
Unsafe roadway design
If another driver caused your injuries, you may be able to file a claim with that driver’s insurance company. You could also have grounds for a lawsuit against the City of Atlanta for an unsafe crosswalk, lack of pedestrian crossings or roadway defects that contributed to your accident. A thorough investigation of events leading up to your accident could identify its cause.
How much is my pedestrian accident claim worth in Atlanta?
The main goal of a pedestrian accident lawsuit in Georgia is to obtain compensation for your losses. A few other benefits include holding the at-fault party accountable, shedding light on negligence in your city and potentially preventing other pedestrians from suffering similar injuries. The compensation you could receive with a successful pedestrian accident claim may reimburse you for many types of damages.
Hospital bills and medical treatments
Lifelong medical care for permanent disabilities
Mental anguish from traumatic injuries
Emotional distress and physical suffering
Loss of a loved one’s guidance or companionship
Lost income or capacity to earn in the future
If the defendant was particularly wanton, malicious or reckless, you could also qualify for punitive damages in Georgia. A judge generally awards punitive damages in cases involving catastrophic injuries, wrongful death or serious misconduct by the defendant. The total value of your claim will depend on your injuries and the skill of your attorney. Hiring a lawyer with experience in this practice area can help you maximize your financial outcome.
Contact Our Office For a Free Consultation
If you or a family member have suffered injuries as a pedestrian, contact our office today to schedule a free consultation with an experienced attorney. Our team will discuss your case, address your legal questions and guide you towards your best legal options. Contact our office at 404-842-0909 to learn more.
Atlanta Truck Accident Lawyer
Accidents involving semi-trucks, big rigs and other large trucks can often lead to devastating and permanently disabling injuries. The average weight of a commercial or passenger vehicle is about two tonnes, whereas a semi-truck can get up to 40 tonnes or more. Even when traveling at slow speeds, an accident involving a large truck can cause catastrophic injuries. According to the Federal Motor Carrier Safety Administration (FMCSA), 4,440 commercial trucks were involved in fatal crashes in 2016, and there were 102,000 injury-causing crashes.
Because Georgia is commonly traveled through to reach commercial destinations, Atlanta commuters run an even higher risk of being involved in an Atlanta truck accident. If you or a loved one suffered harm in a collision with a semi-truck or other commercial vehicle, our team can help you hold the responsible parties accountable. Contact our office today to schedule a free, no obligation consultation.
Most Common Causes of Atlanta Truck Accidents
One of the main reasons for truck accidents is driver error. Truck drivers are under a great deal of pressure to meet deadlines and make it to their destinations. They may engage in unsafe practices such as speeding or driving beyond hours of service regulations to make it on time. They are also more prone to drowsy driving than other drivers, due to long hours on the road and nighttime shifts.
Other common causes of truck collisions in Georgia
Driver fatigue
Rear-end collisions
Under-ride accidents
Sideswipes
Unsafe lane change accidents
Rollovers
Wide-turn accidents
Blind spot accidents
Road rage
Jackknife accident
Some truck driver errors, such as unsafe braking habits, may trace back to poor driver training. Using the incorrect braking technique down a hill could cause a common type of truck accident: a jackknife accident. This is when the bed of the truck swings out at an angle from the cab.
Other common causes of truck accidents have to do with the trucks themselves. Negligent fleet maintenance, for example, could result in bad brakes, lost cargo loads, and other truck accident causes in Georgia. A defective or malfunctioning part of a trucking vehicle can also cause major car accidents, in which case the manufacturer of the vehicle may also be found liable in a product liability claim.
Georgia Trucking Laws & Regulations
Crashes involving commercial trucking vehicles work differently than traditional car accident claims. Truck drivers, especially those who participate in interstate trucking, must follow strict rules set forth by the FMCSA. These rules involve everything from mandated breaks to duty hours, maintenance schedules, and more.
If a truck driver or his employer breaks any of these rules, he or she may be liable for any damages that result. Successfully obtaining compensation for a semi-truck accident requires a thorough investigation into your accident and determining if any party broke FMCSA regulations.
Georgia Modified Comparative Negligence
Georgia is a modified comparative negligence state. This means if you were the passenger vehicle driver that caused or contributed to your own truck accident, you may still be eligible for damages. If the courts find you 49% or less at fault for the collision, you may qualify to recover at least partial compensation in Georgia. Do not dismiss the possibility of obtaining a settlement or verdict for your personal injuries until discussing your case with one of our attorneys.
Who is Liable for my Atlanta Truck Accident?
One of the most important aspects of your Atlanta truck accident case is determining the parties responsible for your injuries. In truth, several parties could be guilty of negligence, and multiple defendants may share liability for your injuries.
According to the FMCSA, the most common causes of truck accidents are:
Driver error. A driver may commit negligence by failing to obey traffic laws or by committing a log book violation. His or her employer may also be responsible for negligent hiring or monitoring of its employees.
Improper vehicle maintenance. The owner of the truck may be responsible for injuries that result from improper maintenance, as could the company who completed faulty repairs.
Improper loading. Trucks with faulty weight distribution are more likely to jackknife and cause serious accidents. In this case, the company who loads the truck may be liable for any injuries that result.
As you can see, liability in trucking accidents can become complicated. Following a truck accident, you may have a claim against the trucking company itself, the manufacturer of the truck, or even the federal government. That’s why it’s essential to retain the services of a law firm with experience with these types of claims.
How our Atlanta attorneys prove truck driver negligence
We understand what is needed to quickly prove a negligent party in a Georgia trucking accident. As stated above, truck drivers have a duty to follow FMCSA rules and do their part in ensuring the safety of all drivers sharing the road.
To prove a negligent party, our attorneys will:
Checking a driver’s log books to make sure they are up-to-date
Identifying any negligence like failing to take a break or failing to keep up on routine vehicle maintenance
Checking police reports, witness statements, and other forensic evidence to identify the responsible party
How to Prevent Truck Accidents
Although the greatest responsibility rests with the truck driver, it is up to everyone on the roadway to help prevent truck accidents. You may not be able to avoid crossing paths with a commercial truck in Atlanta, but you can reduce your risk of getting into an accident with a few safety tips.
Stay out of the No Zone. A big rig’s No Zone is the area where the truck driver has blind spots, and may not be able to see you. Avoid the first 20 feet in front of a large truck, the 30 feet behind a truck, one lane to the left of the truck, and two lanes to the right.
Stay predictable. Follow roadway rules around big rigs, so the drivers know what to expect from you. Breaking the rules by swerving between lanes, speeding, or otherwise driving erratically could put you in a dangerous position, where the truck driver does not have enough time to hit the brakes or avoid a collision.
Stay out of the way. Commercial trucks cannot maneuver as quickly or efficiently as smaller vehicles. Do not assume a truck can stop in time to avoid hitting you if you cross in front of it and hit your brakes. Keep a safe distance between you and large trucks, and never cut an 18-wheeler off.
It is not always possible to prevent a truck from hitting you, but following these tips could lower the odds of getting into a serious crash. Drive defensively, anticipate the truck driver’s next move, and steer clear of large trucks in Atlanta as much as you can.
Schedule a Free Consultation with our Atlanta Truck Accident team
Truck accidents involve serious injuries and possible claims against multiple defendants. Our attorneys will identify the parties responsible and demand full compensation for your injuries, pain, and suffering. Since you’ll be working with one of our experienced attorneys, not a nameless associate, you have the comfort of knowing your case will get the care and attention it deserves.
Atlanta Wrongful Death Attorney
When an accident leads to the tragic death of a loved one, we are here to help. If you have recently lost a loved one, you may be able to file a claim to hold negligent parties accountable for a loved one’s accident. While nothing can bring a loved one back, a wrongful death claim can help ease the family’s financial burden and hold negligent parties responsible for losses from a loved one’s death.
Our attorneys will handle your case with care, attention, and compassion. If you’ve recently experienced the loss of a love one and need legal advice from a skilled Atlanta wrongful death lawyer, contact our office at 404-842-0909 today to schedule free consultation of your case and legal options.
Georgia’s Wrongful Death Laws
A “wrongful death” occurs when someone else’s negligence contributes to loss of life. This negligence may arise from action or inaction, even malicious intent. While surviving members of a family can file a wrongful death claim on top of any criminal charges, a crime is not a requirement to file a wrongful death claim. These are matters of civil law, and only require that:
The defendant owed the decedent a duty of care
He or she violated that duty, committing negligence
That negligence led to someone’s death
That death led to damages
Wrongful Death in a Motor Vehicle Accident
In 2016, 1,554 people died in motor vehicle crashes in Georgia, an 8.5% increase from the previous year, which including motorcycle crashes, pedestrian accidents, tractor and cycling accidents. More than 20% of these fatalities (368 deaths) stemmed from impaired drivers, while speeding took 266 lives. These troubling statistics show the number of fatal Atlanta accidents has been steadily increasing year over year. If you’ve lost a loved one in an auto accident in Georgia or near Atlanta, your case may involve the following laws:
Wrongful death laws. Regardless of what caused the fatal accident, plaintiffs will need to abide by Georgia’s wrongful death claim laws. This includes the statute of limitations, burden of proof, who can file, and filing requirements. Our Atlanta wrongful death lawyers can help you with every aspect of your claim.
Auto accident fault laws. Georgia is a “fault” insurance state. This means the party at-fault for the car accident will be legally responsible for everyone’s damages. It is up to you to determine who caused the crash that killed your loved one. This will be the individual or entity that serves as the defendant in your wrongful death case.
Comparative negligence. Georgia also abides by modified comparative negligence rules. This means that more than one party – including the plaintiff – can share liability and still recover compensation. As long as the deceased loved one’s share of fault for the crash is 49% or less, surviving family members could still be eligible for damages.
Wrongful death claims resulting from car accidents in Georgia may involve different rules than those that stem from other causes, such as medical malpractice or property hazards. It’s important to work with an attorney who has handled auto accident wrongful death claims in the past. You need specific expertise for your best chance at securing financial recovery.
Statute of Limitations on Death Car Accident Claims
Like all states, Georgia has strict deadlines by which all claimants must file their cases with the civil courts. The legal term for these deadlines is “statute of limitations.” The statute of limitations determines the time limit by which you must submit your claim – or else risk the courts refusing to hear your case. Missing the statute of limitations almost guarantees losing your right to file and receive compensation. It’s extremely important to learn your deadline and treat it as the final date by which you must file.
Georgia Code Section 9-3-33 states the statute of limitations for wrongful death claims. This law states that all claimants bringing actions for Atlanta personal injury or wrongful death cases must do so “within two years after the right of action accrues.” In other words, two years from the date of death. However, the courts will “toll,” or stop, the clock in certain situations. For example, if your case involves a criminal action (such as drunk driving), the courts may suspend the time limit to file until the completion of the criminal case.
Unfortunately, nothing can replace a loved one, who is gone forever due to somebody’s negligence. However, our wrongful death lawyers will diligently work to ensure that the family is fairly compensated when there has been injury or death due to an Atlanta automobile accident.
Not only is a wrongful death case shrouded with emotional toll, but it is also accompanied with medical bills and funeral costs. Often the spouse and children suffer a substantial loss of income source for the household due to the wrongful death.
If you are suffering from the aftershock of the wrongful death of a loved one, it may come as some consolation to know that our lawyers are ready to litigate for you. Our Atlanta auto accident lawyers are familiar with causes of these accidents, the insurance companies frequently involved and how to maximize the recovery in each circumstance.
Who Can File a Georgia Wrongful Death Suit?
Georgia law sets forth specific rules for who can file a wrongful death suit in the state. First in line is the decedent’s surviving spouse.
Chapter 51, Title 4 of the Georgia Code states if the couple has surviving minor children, the spouse acts on behalf of these children, and may be entitled to no more than 1/3 of the total recovery.
If the decedent has no spouse or minor children, the parents may file a wrongful death claim. If the decedent has no surviving parents, then the administrator of the estate may file a wrongful death claim on behalf of the beneficiaries outlined in the estate plan.
What Is the “Discovery Rule?”
Like any other civil action, a wrongful death lawsuit from a car accident must follow the statute of limitations. This means the person or people filing a wrongful death claim on behalf of a decedent must file within the allotted time limit. Some state laws acknowledge the right to bring a wrongful death claim as fundamental, and the statute of limitations begins on the date of death.
In some cases, however, the court may make a special consideration if applying the statute of limitations at the time of death would prevent the claimants from discovering the cause of death.
What does this mean for a wrongful death case?
The discovery rule in wrongful death cases exists to ensure claimants meet the actual statute of limitations. This helps both plaintiffs and defendants in different ways.
Plaintiffs get the benefit of having the statute of limitations begin when they learn of the cause of death instead of simply at the time of death. For example, if a person dies and the family does not know the cause of death immediately, they may not realize there are grounds for a wrongful death claim. If the family discovers a year later that the decedent experienced exposure to harmful conditions at work that directly caused his or her death, then the statute of limitations begins on the date of this discovery.
Defendants. The discovery rule can be beneficial for defendants in that it compels plaintiffs to take timely action. If they do not discover grounds for a wrongful death claim in a reasonable time, the defendant may avoid liability. When a loved one unexpectedly dies, the surviving family members should do everything in their power to determine the actual cause of death and decide whether they have grounds for a wrongful death claim. Ultimately, the discovery rule allows the statute of limitations for a wrongful death claim to begin on the date of discovery of the cause of death instead of on the date of the death in question.
One situation in which the civil courts might extend the deadline for filing a wrongful death claim is if the case qualifies under the “discovery rule.” The discovery rule holds that the clock for filing a wrongful death claim shall begin as soon as the plaintiff discovers or reasonably should have discovered the cause of the decedent’s death.
In other words, as soon as you realize another driver’s negligence killed your loved one, you generally have two years from this date to bring a claim, which may or may not be the same date as your loved one’s death. The Georgia courts might apply the discovery rule in wrongful death actions if the claimant reasonably could not have known the cause of death until after the date of death.
Contact our office to discuss your family’s specific statute of limitations.
Seeking Damages for Wrongful Death Claim
A wrongful death claim seeks to provide compensatory damages for all the harm a family suffers resulting from their loved one’s death. Surviving family members may collect the following types of damages in a wrongful death claim:
Economic damages – which include medical expenses, any loss in earning capacity, and the expenses associated with the funeral or burial.
General damages – which compensate for intangible losses such as pain, suffering, emotional distress, and loss of partnership or guidance.
In some cases, such as deaths arising from gross negligence, plaintiffs may be able to collect punitive damages. These damages punish the defendant for their wrongdoing and discourage similar behavior in the future.
Your Wrongful Death Attorney in Atlanta
If your family is suffering following the tragic loss of a family member, a wrongful death claim can help. These claims seek to provide financial reimbursement for the losses associated with your loved one’s death. Our wrongful death attorneys can identify the parties responsible for your loss and claim fair compensation for the harm your family suffered. Our community law firm treats each case with the care and attention it deserves, unlike larger corporate firms with nameless associates.
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