Articles Tagged with car accident claims

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A multi-vehicle crash injured four people in Dodge County on June 9. The incident began when a Nissan Altima turned left onto Georgia 87, thereby failing to yield to a BMW SUV. Upon impact, the BMW ran off-road and hit a utility pole, and the Altima was pushed into a southbound lane where it was hit head-on by a Volkswagen Beetle, causing a fire. Thankfully there were no fatalities, but the occupants of the Volkswagen and the Altima driver were taken to a nearby hospital with injuries.

In multi-vehicle accidents such as this, the liability and negligence issues can be complex, and the outcome for injured persons varies by state. Georgia, along with 37 other states and the District of Columbia, is an at-fault state. This means that the driver deemed responsible or liable for the accident is financially responsible for the injured party or parties, including both property damage and injuries. The other factor to consider, especially in a multi-vehicle crash, is comparative negligence. This comes into play when more than one driver was at-fault, but one was considered more at-fault than the other. For example, if Driver A is deemed 70% responsible for the crash, but Driver B was deemed 30% responsible, then Driver B can only receive 70% of the damages available. States differ in their laws surrounding comparative negligence. Georgia uses a modified comparative negligence system, which means an injured party can still recover if they were partly at-fault, but only if they  were considered less than 50% at-fault. If a driver is considered 50% or more to be at-fault for an accident, they are unable to collect anything from another party.  Multi-vehicle accidents complicate this process because there are more than two drivers involved, and the potential for more than one driver to be at-fault, to one degree or another, is increased.

When determining negligence, especially in a multi-vehicle accident, various factors have to be considered. First, was there a driver who obviously acted negligently? Driver negligence can include obvious cases such as DUI or breaking a traffic law, such as running a stop sign or failure to yield the right-of-way. A driver can also be held negligent for if the vehicle’s headlights or blinker do not function correctly. Depending on the road conditions and weather, driver negligence can mean failing to adapt to these conditions. For example, a driver may be going too fast for conditions during a rainstorm. Another consideration in a multi-vehicle accident is which driver made the first impact. While this would appear to indicate negligence, it’s not always the case. For instance, a car parked illegally in the road could cause an accident in which another vehicle hits them, making the first impact.

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Veterans groups and spinal cord injury organizations are marking the month of September as Spinal Cord Injury Awareness Month to bring more attention and awareness to the challenges faced by the thousands of Americans who live with these debilitating personal injuries.

Spinal cord personal injuries occur when there is any kind of damage to the spinal cord as a result of a trauma to the spine such as through a car accident or fall. These personal injuries can cause a number of effects that are often not just physical, but also emotional and psychological  in nature. The impact  of a spinal cord injury can depend on the location of the injury as well as its severity.  Depending on the location of the injury, the person may no longer be able to enjoy movement of his hands and legs. In a complete spinal cord injury, the patient may lose sensation below the location of the spinal injury, while in an incomplete spinal injury, the patient may feel some degree of sensation and enjoy some movement in the area below the site of the spinal injury.  The degree of sensation and movement can differ depending on other factors.

A spinal cord injury can result in loss of movement, and loss of sensation or the ability to differentiate between hot and cold. Other effects include respiratory difficulties, frequent coughing and difficulty breathing, pain and stinging sensation in the affected areas as well spasms. The patient may experience significant loss of bladder and bowel control.

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A new report commissioned by the National Safety Council has a number of auto safety predictions for the next couple of decades,  including the prediction that even with new technology, cars and trucks will continue to remain the biggest source of auto accidents for the foreseeable future.

In 2021, the National Safety Council commissioned a report on transportation and auto safety for the next 20 years.  The report titled Mobility, Technology and Safety:  The Next 20 Years has now been released.  The report has a total of 10 predictions, all related to auto and motor vehicle safety.

The number one prediction on the list is that in spite of moves towards reducing the number of automobiles on our roads and increasing access to alternate modes of transportation, motor vehicles, including cars and trucks will continue to remain the primary source of auto accidents over the next few decades. These vehicles are involved in an overwhelming majority of the total number of motorcycle, bicycle and pedestrian accidents every year.

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In the past few weeks while the country, and globe, has been dealing with the COVID-19 pandemic, millions of workers in a variety of fields have been laid-off, furloughed, or told to work from home.

However, there are still several industries and businesses that remain open during these times.  The businesses that do remain open are usually ones that have seen a surge in demand, such as grocery or other essential retain, and delivery providers.  With the sudden increase in the need for additional workers, many employers have had to forego the usual interview requirements, safety screening or training in order to meet new demands.  While having people still be able to participate in the workforce is essential during these times, will these short-cut hiring practices result on more problems, and more specifically accidents, down the road?

One of the potential problems that may result is more on-the-job injuries by employees who were not adequately trained or protected to perform their jobs.  States have laws that require most employers to have workers compensation insurance in case their employees become injured on the job.  In many states, including Georgia, filing a workers compensation claim is the exclusive remedy that an employee has against an if he or she sustains an injury at work.   The more employees are performing tasks that are unfamiliar to them, the more likelihood there is of any injury.

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Whiplash injuries are some of the more common injuries suffered by people who have been in a car accident.  Whiplash injuries are often seen in fender-bender accidents when a car has been rear-ended by another vehicle.  Surprisingly, as many as a million people suffer whiplash injuries every year in such crashes.

Though these are not life threatening injuries, they can be extremely painful, and can impede a person’s ability to perform his or her daily functions. Unfortunately, these injuries tend to be often neglected which can lead to serious complications.  Whiplash injuries are not visible to the naked eye, and in most cases, there is no swelling or inflammation with these injuries. In fact in most situations, the symptoms of whiplash may not be seen immediately after the injury.  What’s more, doctors may not test for whiplash unless symptoms are seen, which only further delays treatment.

Whiplash injuries occur when the force of the impact causes the head and the neck to be thrown back and forth at high speeds. Injuries may involve the neck and shoulder muscles, bones, and tendons.  These injuries can occur even in low-speed or low-impact accidents.

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In a recent criminal case in Georgia involving a hit-and-run accident, the court did not allow evidence that the car crash victim was not wearing a seat belt when he was ejected from his vehicle after impact and died.   The court stated that the victim’s failure to wear his seat belt was not relevant in determining the cause of his death.

Georgia law requires that all persons in the front seat of a passenger vehicle wear a seat belt.  The seat belt law applies to all occupants in any motor vehicle, including pickup trucks, vans, sport utility vehicles, and any vehicle designed to carry 15 or fewer passengers.

We all know that seat belts are one of the first lines of defense to protect you from injury while in a motor vehicle.  This is especially true in rear-end collisions, T-bone accidents and head-on collisions.  Wearing a seat belt is crucial in avoiding serious injury in such types of accidents.

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After someone has been injured in an accident, or due to someone else’s negligence, most people are focused on seeking medical treatment, recovering, and getting their life back on track.  One of the last things on their minds it making sure that they file a lawsuit on time.  However, filing your injury claim on time is one of the most important steps you can take to protect your rights after an accident.

In a recent case in Pennsylvania, a court denied a woman’s lawsuit for personal injuries sustained when a sponge was left inside her following a surgery.  The judge in that case found that the woman waited too long, almost 11 years after her surgery, to file her lawsuit.  Therefore, her case against the defendant doctors was dismissed.

Each state has different deadlines by which a personal injury lawsuit must be filed.  The time period to file a lawsuit is referred to as the statute of limitations.

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You may have noticed an increase in your family’s auto insurance premium rates recently.  Average insurance payouts around the country are increasing, and distracted driving accidents are partly to blame.

The increasing numbers of people dying in distracted driving-related accidents are causing auto insurers to raise premiums.  The role of distracted driving in our traffic fatality toll cannot be overstated. The National Highway Traffic Safety Administration (NHTSA) reported a 14% increase in the number of fatalities last year, for a total of 40,000 across the U.S.  Many experts believe that distracted driving is contributing to this spike.

Since 2011, American families have seen their average insurance premiums increase by as much as 16%, to a total of $906.  Insurers say that they have no other choice but to increase premiums because of the large number of drivers involved in collisions while operating vehicles and using smart phones.

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Aggressive driving is defined as driving that involves a combination of one or more traffic offenses that place other motorists at risk of an accident. If you have been involved in a motor vehicle accident involving an aggressive driver, it’s important to understand your legal rights and hire the best attorney.

An aggressive driver could be engaged in a number of different driving practices that threaten his own safety, and the safety of people around him. Aggressive drivers often don’t consider the human element, and have little regard for the safety of other motorists, cyclists and pedestrians. Simply stated, a motor vehicle in the hands of an aggressive driver turns into a dangerous weapon.

Typically, the following driving behaviors may be included in the definition of aggressive driving.

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When it comes to car accidents, there’s a broad spectrum of damage and the emotions that accompany it. From the bitter annoyance of your car getting bumped in a parking lot to the absolute turmoil of a more serious, life threatening accident. Where ever an accident falls on the spectrum, there is one emotion that can follow any accident: dread. In the weeks following a very minor incident in a crowded parking garage, I felt this dread. My driving became hyper aware, nervous that a possible accident was around ever corner. While this rapt attention is certainly appropriate, the dread only subsided when I recognized how to react when an accident does occur. In this post today, we’ll discuss what to do when you’re in an accident.

Keep in mind, every accident is different. Some steps apply more to certain types of car accidents than others. Think of each step as being prefaced with “as necessary.”

  1. Stay calm!

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