Category: Car Accidents

Hiring a Personal Injury Attorney: A Roadmap to the Legal Process

An infographic of a roadmap with 10 different steps to a good client experience.

The time following an accident that results in injury or death can be scary, isolating, traumatic and overwhelming. If the injury or death was caused by someone else’s negligence, you may consider getting legal help, which is why it’s important to know what to expect when hiring a personal injury attorney.

The client experience from injury through settlement or trial can be compared to a road with a standard mile markers and a few turns along the way. Though each case is unique, our team has developed a roadmap that outlines the typical steps a client can expect to take when seeking justice after a personal injury.

If You’re Injured Due to Negligence, Time is of the Essence

Research, Reach Out, Consult

After you have been injured due to someone else’s negligence, always seek medical treatment first. Then, it’s important to consider taking legal action relatively quickly as you begin to receive medical treatment.

Start by researching attorneys and their specializations online. Look for personal injury attorneys local to your area, and read reviews and testimonials from former clients. If you are in the hospital or unable to research on your own, a loved one can help compile a list of potential attorneys and contact them on your behalf.

Trustworthy personal injury attorneys should offer a free consultation for new clients. Once you’ve narrowed down your list of lawyers, schedule a free consultation with a few of them – either in person or virtually. You can ask questions and get to know the attorney and his or her firm. Read our Q&A for tips on which questions to ask your potential attorney, and hire the person or team who you feel will keep your best interests in mind.

Attorneys Will Get to Work While You Recover

After making your decision to hire a personal injury attorney, he or she will begin gathering evidence from the accident. During this time, you may still be receiving medical treatment and working through the extent of your injuries.

Remember to keep documentation of your medical records and bills after your injury. As your attorney gathers evidence, medical records and bills become a key factor for the value of your case.

Next, a demand letter will be sent before a lawsuit is filed. This is a written demand to the at-fault driver or their insurance company. Georgia law requires the plaintiff to give the other side 30 days to consider the offer in the demand letter.

Forks in the Road: Settling, Lawsuits and Trial

The Timeline of a Personal Injury Lawsuit

After the insurance company or at fault driver receives the demand letter, a plaintiff can initiate the lawsuit by filing a document known as the complaint. The complaint lays out your allegations in broad terms. It identifies each defendant and the damage claims you have against them. Once the defendants are formally notified of the claim, they have a set amount of time to file a formal response. This response must address each aspect of your claim and either admit or deny its accuracy.

This leads to the question, “will we settle?”

If the answer is yes, disbursement of funds will take place
If the answer is no, a lawsuit is initiated

Remember to carefully consider whether to settle. Your attorney can help you navigate this decision.

Phases of a Personal Injury Lawsuit

Discovery

If you do not settle, a lawsuit will be initiated. The discovery process will take place first, which allows both sides to sift through and evaluate the evidence in the case.

Mediation

Next, mediation will occur. The plaintiff and defendant will attempt to settle the case without going to trial by way of mediation. Mediation is a form of alternative dispute resolution where a neutral third party facilitates an agreement between the parties. It is a shorter and cheaper way to settle a dispute than litigation, and can give the parties full control of the outcome. It requires both parties to compromise.

Settlement

From mediation will come another crossroads – to settle, or go to trial. If an agreement is reached during mediation, a disbursement of funds will take place. If neither party can agree to a compromise to settle the case, it will move forward to the trial phase.

Trial

Most personal injury cases do not go to trial, but in the case of an unfair settlement offer, taking a case to trial is often your best chance of obtaining the compensation you deserve.

During the trial, both sides will have a say in picking the jury. Each side will also put on evidence, including any witnesses who can help establish liability or prove the amount of damages. In the end, the judge or jury will make the determination on whether you will obtain a judgment.

Trustworthy Personal Injury Attorneys in Georgia

Though the legal process can seem daunting, trustworthy personal injury attorneys like those at Williams Elleby Howard & Easter are committed to transparency and service to each client. You don’t have to face a lawsuit alone – we’ll help you get the compensation you deserve. To learn more, call 833-LEGALGA (833-534-2542) or contact us online to schedule a free consultation.

If a Truck Strikes Two Vehicles in Succession, Is It Two Accidents?

A white tractor trailer in a wreck with a silver car that has sustained severe damage.

Most of the time, there is no dispute between an insurance company and its insured motorists on whether an accident occurred. However, a recent decision in the United States Court of Appeals for the 11th Circuit answered the question on whether a truck hitting two vehicles in succession was one or two accidents.

This is an important question for insurance purposes given the way insurance policy limits work. Typically, insurance companies are only required to cover the cost of an accident up to the limits prescribed by the policy. However, these policy limits are typically per accident. In other words, if striking two vehicles in succession qualifies as two accidents, the insurance company is potentially on the hook for twice as much money.

Grange Mutual v. Slaughter, et al.

The case that answered this question in the 11th Circuit arose out of the Northern District of Georgia. The court decided Grange Mutual Casualty Company v. Terri Slaughter, et al. on May 1, 2020. This case is an appeal of a lawsuit filed in the Northern District of Georgia in 2016.

In October of 2015, a truck driver crossed over the center line of a highway in Georgia and struck two vehicles in quick succession. The facts of the case established that there was no corrective action taken after the first collision but prior to the second.

Grange Mutual was the insurer of the truck in question. In 2016, they filed a lawsuit in federal court in an effort to determine their obligations under the insurance policy. The primary question was whether or not the two collisions constituted one or two accidents under the language of the policy.

Decision at the Trial Level

In its decision, the trial court held that the collisions only constituted one accident. This decision was made after the Georgia Supreme Court adopted the so-called “cause theory.” Under this theory, the court found that a single accident involves “continuous or repeated exposure to the same conditions resulting in bodily injury or property damage.”

The defendants in Grange v. Slaughter appealed the trial courts order. They argued that the terms of the insurance policy defined an accident differently. The defense pointed to language in the policy that suggested two collisions constituted two accidents, even if they only happened a second apart.

The court was not swayed and found the language of the policy was unclear, requiring the court to ultimately define the phrase “accident.” Additionally, the court pointed out that the policy mentioned that multiple vehicles could be involved in the same accident. The court reasoned that following the defendant’s definition of accident would conflict with this language.

The Appellate Decision

Ultimately, the appellate court sided with the trial court. They agreed that the language of the insurance policy was unclear, requiring the court to define what constitutes an accident. The 11th Circuit also relied on the “cause theory” as prescribed by Georgia law. It found that because the truck driver did not regain control of the vehicle between the first and second collision, both crashes were part of one uninterrupted and extended cause.

Let Williams Elleby Howard & Easter Handle Your Claim

It is important to note that this disagreement ultimately boiled down to the language of the insurance policy. The Georgia personal injury lawyers at Williams Elleby Howard & Easter will work tirelessly to ensure your insurer holds up their end of the deal following an accident. Contact us online to schedule a free consultation or call 833-LEGALGA (833-534-2542) to discuss your case right away.

Wrong-Way Accident Kills Two in Atlanta

An ambulance with it's lights on parked on the side of the road at night with the blurred lights of cars driving by.

On May 31, 2020, a vehicle collision involving a driver traveling the wrong way down a heavily used Atlanta highway resulted in multiple fatalities. According to law enforcement, the crash occurred when a red Dodge Charger began traveling south on the northbound lanes of I-75 in Atlanta.

The accident occurred at approximately 2 a.m. on May 31, 2020. According to the police report, the Dodge Charger illegally entered an off-ramp for the northbound highway. As the driver of the Dodge approached University Avenue, the vehicle collided head-on with a gray Ford F-150 pickup truck traveling northbound.

The drivers of both vehicles died at the scene of the crash. The third person involved in the accident — a passenger of the Ford F-150 — was rushed to Grady Memorial Hospital in critical condition. The wreck had a dramatic impact on traffic in the area, as the highway was closed until roughly 11 a.m. the same day.

The Hazards of Wrong-Way Accidents

According to the Federal Highway Administration, wrong-way accidents occur when a driver traveling opposite from the legal flow of traffic collides with another vehicle traveling the right way on the same divided road or highway. Wrong-way collisions often have devastating consequences. For a variety of reasons, head-on crashes can turn deadly. First and foremost, two vehicles traveling in opposite directions are far more likely to cause a tremendous impact compared to other circumstances. In cases like the one described above that occur on a highway, these collisions frequently happen at high speed. Although modern vehicle design focuses on providing more cushion for front-end collisions, it is impossible to dissipate the full force of these crashes. Additionally, the innocent driver in a wrong-way accident is often unprepared for oncoming traffic, which decreases the likelihood that they could avoid the other car. Given these factors, these accidents often result in severe or even fatal injuries.

Compared to other types of crashes, wrong-way collisions are uncommon. A study presented at the 2016 Transportation Research Board Annual Meeting shows that roughly 350 people are killed in wrong-way collisions nationwide each year. However, the number of individuals suffering from serious injuries in these crashes is higher. While less common than other types of accidents, these crashes are far more likely to result in fatal consequences. According to the study, each fatal wrong-way driver accident results in an average of 1.34 fatalities. This is higher than the national average of 1.1 for all types of fatal accidents. In other words, fatal wrong-way accidents result in a higher rate of death for those involved in a crash compared to other types of accidents.

How Williams Elleby Howard & Easter Can Help After Your Accident

If you were injured in a wrong-way crash, you may be entitled to monetary compensation. While the party responsible for your accident might be immediately clear, some wrong-way crashes occur due to the negligence of multiple parties. At Williams Elleby Howard & Easter, we can carefully evaluate your claim and advise you on how to move forward. We are prepared to pursue legal action against every person or individual responsible for your injuries.

We understand if you have questions about your rights after a crash. To discuss your situation in detail, contact Williams Elleby Howard & Easter online or call us at 833-LEGALGA (833-534-2542) to schedule your initial consultation.

Protecting Yourself After A Car Accident During The COVID-19 Outbreak

Multiple car wreck, the front end of a dark green car smashed and a red car flipped upside down with a firemen assesing the damage.

During the current COVID-19 outbreak, we want everyone to know that there are additional steps that you can take to protect yourself after a car accident. Obviously, the safest thing to do for yourself and your community is to stay at home until the CDC, state, and local authorities give everyone the go ahead to resume normal day to day operations. We understand, however, that this is not always possible especially for essential workers and individuals that must travel to gather household essentials. The Williams Elleby Howard & Easter team encourages everyone who must travel to protect themselves by adhering to the following suggestions during the COVID-19 outbreak.

STEPS TO TAKE BEFORE DRIVING TO PROTECT YOURSELF FROM COVID-19

Most people take reasonable steps to maintain their vehicles under normal circumstances but now is the time to go the extra mile. The last thing anyone needs during this time is to find themselves broken down on the side of the road without proper safety equipment.

Before leaving your house, make sure to have these items in your vehicle:

Plastic disposable gloves
Face mask
Hand Sanitizer
Fix-a-flat or similar product
Cell phone
Plastic bags

Also, we strongly recommend taking the time do give your vehicle some extra attention. A few steps to minimize the risk of a break down are:

Check the air pressure in your tires
Change your oil and filter
Change your air filter
Check your spark plugs and battery
Make sure your tire iron, jack, and spare tire are readily accessible
Top off your windshield wiper fluid
Check your vehicle’s power steering, brake fluid, and coolant

CRITICAL STEPS AFTER A CAR ACCIDENT DURING COVID-19 OUTBREAK

Even if we take all the proper precautions, we cannot control the actions of other drivers. If you are involved in a car accident during the COVID-19 outbreak, there are some precautions you can take to protect your legal rights and keep your family safe. After an accident, immediately put on your gloves and face mask if you are physically able. If you get out of your car, remember to stay at least 6 feet away from the other driver(s).

Some post-accident rules are the same as those you should follow under normal circumstances like:

Do not leave the scene of the accident
Call 911
Take pictures of the property damage with your cell phone
Notify your automobile insurance company
Do not admit fault

Other post-accident rules must be amended due to COVID-19 concerns. For example, you still need to exchange information with the other driver(s), but you should do so from a safe distance. For example, you can exchange cell phone numbers and text each other your contact information and insurance information. When the police arrive, politely explain that you would like to maintain a safe social distance while cooperating with the officer’s investigation. If you need to go to the hospital, consider calling an in-home family member to take you to the emergency room instead of riding in an ambulance (of course this only applies to injuries that are not life-threatening).

After you exchange information with the other driver and cooperate with law enforcement, remove your plastic gloves and place them in a plastic bag. Immediately sanitize your hands with hand sanitizer and do not touch your face. If anyone else is in your vehicle, resist the urge to touch them until after you are home, and have thoroughly cleaned yourself.

One of the most difficult challenges facing car accident victims in the COVID-19 era is finding medical care. Obviously, the emergency room is not ideal except in the direst of circumstances. Also, many doctor offices are closed or not accepting new patients. However, some medical facilities are offering telehealth options. If you are in the Cobb County area, medical facilities like Benchmark Physical Therapy and Resurgens Orthopaedics offer virtual visits that can be completed using a computer, laptop, tablet, or smartphone. If your injuries are back or neck related, chiropractic offices may be a good option. Cobb County providers that you may consider are Lake Pointe Wellness Center and Lake City Chiropractic.

Most importantly, listen to your body and take the necessary steps to get the care you need so that your injuries do not get worse.

CONTACT A PERSONAL INJURY LAWYER

In order to properly protect your legal rights, it is very important to contact a reputable personal injury lawyer as soon as possible after a car accident. Williams Elleby Howard & Easter partners, Joel Williams and Chase Elleby, are available for free phone consultations during the COVID-19 outbreak. Simply call 833-LEGALGA (833-534-2542) to speak with us today.

If you prefer a more personal touch, we can arrange for a ZOOM meeting at a time that is convenient for you. We are here for you in your time of need.

Daylight Savings In Kennesaw Begins Sunday, March 8, 2020

A blurred background with a red clock and the title, Time For Change.

Prepare to “Spring Forward” because daylight savings time begins in Kennesaw at 2:00 a.m. on Sunday, March 8, 2020. After a long, cold, and wet winter, most Georgia residents will gladly sacrifice an hour of sleep for the longer warm days of spring. But you may be asking, “Why in the world does a personal injury law firm care about daylight savings time?”

At Williams Elleby Howard & Easter, we are client centered and family orientated. This means we are always looking for helpful hints that may benefit our clients as well as our Kennesaw and Acworth friends and family. Lets start with a few ideas for fun outdoor activities in and around Kennesaw during the longer daylight hours and we will end with a few tips to keep you out of legal trouble.

5 Fun Daylight Activities in Kennesaw and Acworth

Swift-Cantrell Park: Swift-Cantrell Park is a world class recreation park located in the heart of Kennesaw. It is spread over 42 acres and offers several outdoor activities for Cobb County residents and visitors including a dog park, two running trails, picnic pavilions, age appropriate playgrounds, a skate park, fitness station, and a splash pad for summer months.
Acworth Beach: A beach in north Georgia? Yes!!! Acworth Beach is located on the north shore of Lake Acworth. It is the perfect place for a family to soak up some sunshine and for children to burn off energy on the playground. Other features include a walking trail, fishing, and a picnic area. After leaving the beach, visitors can grab a great evening meal at some local Acworth hotspots like Henry’s Louisiana Grill or Center Street Tavern.
Kennesaw Mountain National Battlefield Park: Kennesaw Mountain is a national park in Kennesaw that spreads over 2,965 acres. In addition to the educational opportunities available at the park’s visitor center, there are several miles of hiking trails that will accommodate all fitness levels. A map of the parks hiking trails can be found here.
Noonday Creek Trail: Noonday Creek Trail is 8.5 miles long beginning at Market & Elm Streets in Woodstock and ending at Kennesaw Mountain. Due to its asphalt surface and flat terrain, the trail is perfect for long distance running, interval running, biking, roller skating, and walking.
Cobblestone Golf Course: Cobblestone is public golf course nestled along the banks of beautiful Lake Acworth. Golf enthusiasts will love its Bermuda greens, white sand bunkers, and views of Lake Acworth.

Dangers Associated with Daylight Savings Time

Daylight savings time and longer days are great but losing an extra hour of sleep can cause problems associated with drowsiness. One of those dangerous problems is fatigued driving which can lead to serious injuries and death.

Have you ever been driving down the road when you began to yawn and your vision got cloudy only to be jolted into reality by the sound of rumble strips passing beneath your tires? If so, you are not alone. According to a National Sleep Foundation poll, 60% of adult drivers, or 168 million people, reported driving a vehicle while feeling drowsy. According to the study, 103 million of those people actually fell asleep at the wheel!

Most Georgia citizens lead stressful lives filled with work, community events, and family obligations. These factors combined with losing an extra hour of sleep can be a recipe for disaster. Prepare for daylight savings time by going to bed an hour early on March 7, 2020. It could save your or someone else’s life.

Fatigued Driving is Deadly

Kennesaw and Acworth are cities filled with outdoor enthusiasts ranging from runners, bikers, and casual walkers. Although these cities have gone to great lengths to provide crosswalks and sidewalks for their citizens, fatigued drivers still pose a hazard. It is time for all of us to consider whether we may be one of the fatigued drivers that are endangering our friends and neighbors.

The National Sleep Foundation has identified groups of people who may be at an increased risk for sleep related automobile crashes. These groups include shift workers, commercial drivers, males under the age of 26, and business travelers who spend many hours driving. Additionally, individuals who get less than 6 hours of sleep, suffer from insomnia, or work more than 60 hours per week may face an increased risk of causing a fatigued driving crash.

If we are honest, many of us are at an increased risk of causing a fatigued driving crash. When we combine other risk factors with the loss of an additional hour of sleep during the daylight savings time transition, we endanger ourselves as well as others.

Lawyers for Victims of Fatigued Driving Car Accidents

Our lawyers encourage everyone to do everything possible to avoid sleepy or fatigued driving. As the Georgia Department of Transportation likes to say “Drive Alert Arrive Alive.”

Crashes caused by fatigued drivers often lead to serious personal injuries as well as civil lawsuits for monetary damages. The Williams Elleby Howard & Easter team has handled numerous personal injury cases involving car accidents caused by fatigued drivers. Some of these cases caused serious and catastrophic injuries to our clients and resulted in significant monetary settlements.

If you have been injured due to the negligence of a sleepy or fatigued driver, we may be able to help you obtain financial compensation from the at-fault driver and his or her insurance company. We offer free initial consultations. Simply call 833-LEGALGA or 833-534-2542 to speak with one of our Kennesaw based car accident lawyers.

Mixed Results for Macon-Bibb’s Pedestrian Safety Review Board

A stick figure painted on a road, walking across it about the word YIELD.

Pedestrian accidents are an unfortunate reality in Bibb County and throughout Georgia. While these accidents are somewhat rare compared to collisions between two vehicles, the outcome is often far more devastating. To combat the growing trend, the County developed a Pedestrian Safety Review Board. But has this attempt been successful?

Pedestrian Accidents Nationally

In 2006 alone, nearly 6,000 pedestrians died after being struck by a motor vehicle according to the Center for Disease Control. However, these fatal accidents pale in comparison to the number of severe non-fatal injuries that occurred during the same period. Nearly 129,000 Americans sustained injuries that required a trip to the emergency room.

These numbers do not cut evenly across all demographics. Pedestrian accidents disproportionally impact children and the elderly. Older Americans make up 20 percent of all pedestrian deaths, while one out of every five children that die in a traffic crash are pedestrians.

Intoxication also plays a major role in these accidents. Drunk drivers are less likely to notice a pedestrian or react in time to prevent a crash. The result: nearly half of all fatal pedestrian accidents involve alcohol use by one or more parties.

The Review Board

Born from the idea of one county commissioner, the purpose of the Board is to reduce and eventually eliminate the currently-growing threat of pedestrian accidents. The high number of fatal accidents led the county to move forward with creating the Pedestrian Safety Review Board. The Board pulls members from a variety of departments within the county, including the sheriff’s office, zoning board, and health department.

The Review Board is not without resources. Thanks to federal grants, they have spent approximately $40,000 on their “On The Move” campaign. In addition to awareness events, these funds also paid for lighted armbands free to anyone that walks at night. In addition to those funds, the board also received roughly $10,000 from the county Sheriff and the health department. This money has gone to additional awareness campaigns including signs and billboards. The Board does more than awareness and giveaways, however. They advise the county on how to spend money that could impact pedestrian safety, like sidewalk improvements.

Are their efforts working? The jury is still out. Since the formation of the board, the number of pedestrian accidents each year has fallen slowly but steadily. However, the number of pedestrian deaths in 2018 equaled the number of fatalities in 2016 and 2017 combined. Still, this is an improvement compared to other counties in the state who have not made similar efforts.

Contact a Georgia Pedestrian Accident Attorney Today

While the Review Board’s goal is noble, it is important to note that eliminating serious pedestrian accidents is years away at best. In the meantime, pedestrian accidents will remain a sad reality. If you have suffered an injury after being hit by a vehicle, you could have a claim for monetary damages. To learn more, reach out to the attorneys at Williams Elleby Howard & Easter by calling 833-LEGALGA.

Georgia Car Accident Amnesia & Lawsuits: Can You Sue?

Female patient in a hospital bed holdong her face.

For the survivors of a traumatic car accident in Georgia, the memories of the event can haunt them for years to come. However, when a crash involves a head injury, it can often render a victim unconscious. Unconscious head injury victims may suffer permanent health consequences. Even with less severe injuries, the victim may have little to no recollection of the accident or the immediate aftermath. But the lack of memory relating to the crash will not prevent you from filing a lawsuit.

The Right to File Suit

If you suffered injuries in a Georgia car accident that was caused by someone else, you have the right to seek financial compensation from the responsible driver. This is the case even if you do not remember the collision. In fact, your attorney could put on a winning case at trial without you remembering anything about the crash.

In a typical negligence case, the testimony of the injury victim plays a central role at trial. However, if you are unable to remember the crash, there is often other evidence available. If the crash was recorded by street cameras or security video, the tape of the crash could be powerful evidence. Independent eyewitnesses are also an important part of any trial. In some cases, a witness could testify if the other driver made incriminating statements or admitted fault for the crash.

The physical evidence at the scene can play a major part in establishing liability. Accident reconstruction experts can review the scene of the crash and determine exactly where the vehicles were before they came to rest. It is hard to pursue claims when you don’t remember the accident but recovery is possible with the right legal counsel by your side.

Time Limit to File Suit

Every lawsuit in Georgia must be filed within statute of limitations. The statue of limitations is the mandatory deadline for the filing of a lawsuit. Compliance with the statute is important because the court has the power to dismiss a lawsuit if it was filed after the deadline expires.

Most personal injury lawsuits resulting from a car accident must be filed within two years of the crash. This deadline is especially critical if you lack any memory of the accident because your attorney will need additional time to investigate your claim.

How a Georgia Car Accident Lawyer Can Help

The more information about an accident you can provide, the better your chance of recovering compensation will be. However, assisting in your own claim can be challenging if you are unable to remember anything. In this situation, having the help of an experienced Georgia car accident attorney can go a long way in building a winning case. If you are ready to proceed with your injury claim, call an attorney at Williams Elleby Howard & Easter to schedule a free consultation by dialing (833) LEGALGA. At your free consultation, you can discuss your concerns about your memory and ask questions about how our firm would approach your case.

AAA: Dashboard Gadgets Increase the Likelihood of Accidents

A closeup of a red car with a damaged right headlight after a car accident.

How distracting are new dashboard gadgets?

When it comes to car manufacturers, the newest arms race for marketing a make or model is the inclusion of so-called infotainment systems. These combinations of hardware and software installed in vehicles can give the driver options to send text messages, navigate, or turn on a new podcast. But according to a new study from AAA, these technological advances can be a dangerous distraction and these dashboard gadgets are leading to more accidents.

The study, which was performed by the University of Utah on behalf of AAA, sought to rate 30 different 2017-model vehicles by how much attention their infotainment systems demanded. The participants in the study were between the ages of 21 and 36 years old. During the course of the study, the participants would use voice commands and touch screens to place phone calls, send text messages, navigate, or listen to music.

The study separated the vehicles into four groups based on the overall demand for attention each vehicle required of its driver. These four demand groups were Low, Moderate, High, and Very High. In the end, none of the 30 vehicles were considered to have an infotainment system that had low demand. Out of the remaining three groups, seven required a moderate demand of their drivers, 11 required high demand, and 12 required a very high demand.

The study tracked four activities that diverted driver attention leading to more accidents:

Listening to the Radio
Tuning the Radio or Talking on the Phone
Texting
Using GPS Navigation

According to the study, merely listening to the radio was the least demanding, but it still involved a low level of demand for the driver’s attention. Changing the radio station or speaking on the phone was the second least-demanding, followed by texting. The study found that attempting to use GPS navigation was by far the most distracting aspect of infotainment systems in the models surveyed.

Researchers found that drivers took their eyes off the road for up to 40 seconds at a time while attempting to operate dashboard gadgets, such as the GPS navigation system, in some of these vehicles. To put that amount of time into perspective, a distraction of only one or two seconds is enough to lead to a collision.

It is easy to blame accidents on the addition of screens or even visual technology within windshields, but researchers are quick to point out that even voice-activated controls can be dangerous. The research shows that anything that diverts a driver’s attention from the core function of operating a motor vehicle can lead to an accident.

Injured in an Accident? Contact a Georgia Attorney

Distracted driving has long been a major threat on Georgia roadways. If you suffered an injury in an accident caused by a distracted driver, you should contact an experienced personal injury attorney immediately. Attorney Chase Elleby is an experienced trial lawyer who has obtained substantial settlements and verdicts on behalf of his injured clients. Williams Elleby Howard & Easter, will evaluate your case for free and accepts cases on a contingency fee basis. That means you won’t pay us anything unless we successfully obtain the compensation you deserve in your case. Williams Elleby Howard & Easter, is located in Kennesaw, Georgia, but represents injured clients throughout the state. To set up your free consultation, contact Williams Elleby Howard & Easter, at 833-LEGALGA.

Georgia’s Dram Shop Law & Drunk Driving

A wooden table with a glass of whiskey, car keys and handcuffs.

If you have been injured in a vehicle collision with a drunk driver in Georgia, you may be able to pursue a claim against the restaurant or bar that over served the drunk. In Georgia dram shop lawsuits, the drunk driver isn’t the only party you can hold responsible. If an establishment knowingly over served the driver with alcohol prior to the accident, you may also have a claim against that establishment . This claim may be brought thanks to what’s known as Georgia’s dram shop liability laws.

What Is a Dram Shop Law?

Georgia is one of 30 states nationwide to adopt some form of dram shop liability. While dram shop lawsuits are somewhat uncommon, Georgia juries have previously rendered significant verdicts against establishments that overserved drivers.

If a proprietor of a bar or one of their employees knowingly serves alcohol to a visibly intoxicated person, they may face liability if the intoxicated person goes on to injure someone in an alcohol-related accident.

In addition to visibly intoxicated patrons, dram shop laws also apply to anyone who serves a person less than 21 years of age. It makes no difference if the minor used a convincing fake ID to obtain alcohol; it is up to the establishment to determine when an ID is valid.

However, there are some exceptions to the rule. If the drunk driver consumes their own alcohol at the establishment, there is no liability on behalf of the owner or any employees. This is especially true in cases where an establishment does not sell alcohol at all. Additionally, there is an exception if the proprietor or employee has reason to believe the driver would not be driving later. Examples include if the driver had walked to the bar or had a cab waiting. Dram shop laws don’t apply in these situations.

Enforcement

It is up to business owners and employees to act with care when serving alcoholic beverages. The Georgia Department of Revenue is empowered to regulate alcohol license infractions, one of which has restrictions on overserving alcohol to patrons. But an investigative report has shown that they make little effort in actively policing bars and restaurants in an effort to curb overserving. While other states actively investigate bars to determine if they avoid overserving, the Georgia Department of Revenue has a reputation for not being as vigilant.

Discuss Georgia Dram Shop Laws With Our Georgia Dram Shop Lawyers

If you or a loved one have been injured in a Georgia traffic collision by a drunk driver, you may be entitled to seek monetary compensation from the responsible party. That compensation may include your medical bills, pain and suffering, property damage bills, lost wages, and punitive damages. And if the drunk driver that struck you was over-served by a Georgia bar or night club, you may be able to seek recovery from the establishment as well as the driver.

Attorney Joel Williams has a proven track record of recovering significant damages on behalf of his clients. Our experienced Georgia personal injury attorney, Joel carefully investigates every case to identify any legal issues and to provide his clients with an understanding of what to expect with an injury lawsuit. Contact Williams Elleby Howard & Easter today at 833-LEGALGA today for a free consultation.

Can a Car Accident Cause Scoliosis?

An older male doctor examining a male patient holding one hand on his neck and the other on his back.

Scoliosis is the curvature of the spinal column and it can be exacerbated by a car accident. While the spinal cord is typically straight, a bent or curved spine can lead to issues like back pain. If a negligent driver causes or exacerbates your scoliosis, you may be entitled to recover damages.

Although some studies suggest that scoliosis can be caused by trauma, the majority of scoliosis cases have no known cause. The important thing to remember after a car accident in Georgia is that a pre-existing diagnosis of scoliosis will not bar a personal injury claim after a car accident. This is because Georgia law allows a person to recover when a pre-existing condition is made worse or aggravated by trauma.

The Effect of Scoliosis

Scoliosis can lead to debilitating back pain. But unlike some injuries, you can’t count on scoliosis to heal naturally on its own. Without proper treatment, it is possible that your pain will be so severe you could be unable to work, drive, or care for yourself.

The methods for treating scoliosis can vary. In some cases, regular visits to your chiropractor can successfully straighten your spine and relieve your pain. In other cases, you may need to wear a back brace for extended periods in order for your scoliosis to resolve. In the most severe cases, you may require surgery to relieve the pain.

The Causes of Scoliosis

There are a variety of causes of scoliosis. Many people are born with scoliosis or deal with the condition from a young age. In some cases, it is so minor that it does not affect your quality of life. But some studies suggest that scoliosis can be caused by physical trauma like a car accident. There is little doubt that physical trauma can make the pain caused by scoliosis worse. This can be a trying experience for anyone injured in a wreck who has not previously experienced back pain.

Filing an Injury Claim for Scoliosis

When it comes to an injury claim related to scoliosis, the help of an experienced Georgia injury attorney can be invaluable. The responsible party, their attorney, and the insurance company will normally deny your claim and argue that your car wreck did not cause the scoliosis.

If you are suffering from the effects of scoliosis due to the negligence of another driver, you may have a case for damages. And if your pain is so severe that you are unable to work, those damages can add up fast. You could face the financial burden of medical bills and lost wages in addition to your pain and suffering. It is important to keep a log of any pain you are experiencing, as well as a record of medical bills. This will ensure that you are prepared should you decide to try to collect compensation.

In many cases, a car accident attorney in Georgia may be able to negotiate a favorable settlement without ever filing a lawsuit. However, if the responsible party refuses to pay, an attorney can file suit and pursue your damages through the court system.

If you are dealing with the effects of scoliosis brought on by a vehicle accident in Georgia, attorney Joel Williams and his staff are ready to help. Joel is an experienced Georgia personal injury attorney with an extensive track record of obtaining favorable results for his clients. To learn more, contact Williams Elleby Howard & Easter today at 833-LEGALGA for a free consultation.