7 Ways to Maximize Your Settlement After a Back Injury 

maximize settlement back injury

Sustaining a back injury is a difficult thing to endure. There are several types of back injuries that personal injury lawyers encounter on a regular basis, such as whiplash, herniated discs, spinal cord injuries, and spondylolisthesis. No matter what type of back injury a person suffers, they are almost always serious and painful. They are also the type of injuries that tend to cause permanent disability or lingering discomfort and thus often have a lasting impact on a person’s life. 

When back injuries are caused by negligence, victims are entitled to compensation for their harm. Hiring an experienced personal injury attorney is the best way for an accident victim to ensure that they receive everything they deserve.  Below are some other important things to keep in mind. 

1. Carefully Document Everything 

A claim is only as valuable as the evidence backing it up. If an allegation can’t be proven, it isn’t worth much in a court of law. This is why you should carefully document everything you can about the accident. It is a good idea following an auto accident to contact police and ask for a police report. You should also carefully document all of the medical care you receive, any expenses related to the accident, and record any work that you have missed as a result of the personal injury. 

2. Get Medical Care From a Back Injury Specialist 

It is essential in any back injury case to have detailed and thorough medical records in support of the claim. Personal injury victims need to present clear evidence that an injury was caused by the accident and not by something else. A doctor who is a back injury specialist will be able to explain with greater precision how the accident caused the injury and what the extent of damage is. The defendant is also likely to have their own medical expert testify that your injury is not as bad as you claim. It is important to have the support of someone qualified to refute this. 

3. Appreciate the Full Value of Your Claim 

When a personal injury plaintiff wins a judgment in a Georgia court, they are entitled to both “special” and “general” damages. Special damages compensate victims for both past and future medical expenses, past and future lost wages and other quantifiable financial loss. General damages compensate for the non-economic loss, like pain and suffering. Personal injury victims should carefully consider all their potential damages and consult with an attorney if they aren’t sure what their case is worth. 

4. Negotiate 

Too often victims take the first offer that is made to them because they think that is all they deserve or will be able to get. It is almost always a good idea to negotiate because insurance companies will almost always initially offer less than a claim is worth. 

5. Avoid Social Media 

One of the worst things about a back injury is how much it can impact a person’s daily life. This loss of enjoyment is a type of pain and suffering that is compensable. If a plaintiff can no longer do certain activities, for instance, they may be entitled to compensation on that basis. Savvy defense lawyers will often closely watch a plaintiffs’ social media profiles to try to find evidence that a plaintiff is exaggerating how bad their injury is. This is not always fair, because while a person may look like they are having fun and being active on social media, they may be suffering in private. The best practice is to avoid allowing a defense lawyer the opportunity to take any of your photos out of context by simply abstaining from all social media while your case is pending. 

6. File Your Claim in Time 

All civil claims must be made within a certain time period or else they will be completely barred. Under the Georgia Statute of Limitations for tort claims, personal injury lawsuits for back injuries must generally be made within two years of the date of the accident. It is important to begin pursuing compensation well in advance of this. 

7. Get Your Settlement in Writing 

Personal injury settlement agreements should always be in writing. If a settlement isn’t in writing, it may not be enforceable. Although Georgia does recognize oral agreements as valid, they can be difficult to prove. 

For More Information, Contact Williams Elleby Howard & Easter 

If you would like more information or would like to discuss your case, contact Williams Elleby Howard & Easter, by calling 833-LEGALGA today.

Is Property Damage Included in a Personal Injury Lawsuit? 

personal injury lawsuit property damage

In almost all auto accident cases, the victim has both a personal injury and a property damage claim. Under Georgia law, these are two distinct claims. A plaintiff can claim both personal injury and property damages in a single lawsuit, but the court will consider them individually rather than as one claim. 

Generally, auto accident victims will pursue personal injury and property damages separately. The biggest reason for this is that a property damage claim is much easier to resolve. It is not unusual for a settlement to be reached within a few days or weeks of an accident for a property damage claim. In the vast majority of cases, the property damage claim is resolved much quicker than the personal injury claim. 

Can Property Damage Be Included as Part of My Settlement? 

Although property claims are distinct from personal injury claims, your property damage can be considered as part of an overall settlement agreement. After all, a settlement is a private agreement between two parties and can generally include whatever terms the parties agree to. If a plaintiff has a personal injury and a property claim, it is possible to settle both in one agreement. 

Types of Damage Recoverable in a Property Damage Claim 

Property damage lawsuits are designed to compensate victims for vehicle damage, any other property damage that occurred as a result of an accident, and any costs associated with the vehicle damage. Common types of damages include: 

  • The cost of repairing or replacing the vehicle; 
  • The cost of repairing or replacing personal items that were inside the vehicle and were damaged as a result of the accident; 
  • Towing expenses if the vehicle had to be towed after the accident; 
  • Rental car expenses if the victim needed to rent a car following the accident; and 
  • The cost of repairing any other property damage that occurred as a result of the accident. 

The Statute of Limitations for Personal Injury and Property Damage Claims 

Civil lawsuits must be filed within a certain period of time under something referred to as statutes of limitations. Each state in the United States has different statute of limitations laws that establishes how long a tort victim has to bring a claim. In Georgia, personal injury and property damage claims are governed by different limitations periods. Under the Official Code of Georgia Title 9 Chapter 3 Section, auto accident victims must file a personal injury lawsuit within two years of the date of an accident and must file property damage claims within four years. 

For More Information, Contact Williams Elleby Howard & Easter, Today 

The experienced personal injury attorneys at Williams Elleby Howard & Easter, work hard to maximize compensation for personal injury victims in Georgia. Although our focus is on personal injury law, we will seek compensation for property damage as well when our clients also have property damage claims. 

Located in Kennesaw, Georgia, Williams Elleby Howard & Easter, serves clients throughout the State of Georgia in both state and federal courts. Williams Elleby Howard & Easter, is dedicated to providing thorough, accessible, and effective service to each personal injury client it serves. If you would like to learn more or would like to schedule a free case evaluation, contact Williams Elleby Howard & Easter, today by calling 833-LEGALGA.

What Does “Total Loss” Mean Following an Accident

total loss car accident

After a serious auto accident, figuring out how to deal with a heavily damaged vehicle is not always a simple matter. In some cases, a car may be so damaged that it is not possible or feasible to have it repaired. When a vehicle is considered a “total loss,” an insurance company will not typically pay to repair it. Instead, the insurance company will pay the owner for the value of the vehicle, or in some cases, replace the vehicle with a comparable one. 

Dealing with insurance companies can be frustrating and stressful, especially if you do not understand the law. The experienced personal injury attorneys at Williams Elleby Howard & Easter, help accident victims who have suffered a personal injury with all aspects of their auto accident claims. If you would like to discuss your case, contact Williams Elleby Howard & Easter, today by calling 833-LEGALGA. 

Total Loss Insurance Claims in Georgia 

A vehicle is considered “totaled” if the cost of repairs is greater than the value that the vehicle would have after repairs. However, many insurance companies consider not only whether a vehicle is totaled, but also whether it is a “total loss.” Generally, a vehicle is considered a total loss if the cost of repairs plus the salvage value of the vehicle is greater than the value the vehicle would have after repairs. This is commonly referred to as the total loss formula. 

Cost of Repairs > Value of Repaired Vehicle = Totaled 

Cost of Repairs + Salvage Value > Value of Repaired Vehicle = Total Loss 

Some states also have laws that create a total loss threshold, which dictate when an insurance company may consider a vehicle a total loss. Most states that have laws like these hold that an insurance company may only consider a vehicle a total loss if the cost of repairs is 75-80% of the value of the repaired vehicle. However, Georgia does not have statutory or regulatory total loss threshold. Insurance companies are free to make this determination on their own based their own total loss thresholds or the total loss formula. Therefore, whether a vehicle is considered a total loss following an accident depends not just on the extent of the damage, but also on the insurance company. 

Total loss vehicle claims are governed by the Title 120 Chapter 2 Section 52.06 of the Official Code of Georgia. Under this law, “if the insurer determines the insured vehicle to be a total loss, and the insurance policy provides for the adjustment and settlement of first party vehicle claims on the basis of actual cash value or replacement, the insurer may elect to pay a cash equivalent settlement or replace the insured vehicle.” 

What Do I Do if the Insurance Company Says My Vehicle is a Total Loss 

If you have been in an accident and your insurance company has declared that your vehicle is a total loss, you should be prepared for the fact that you will only receive the fair market value of the vehicle. Georgia states that the fair market value is whatever it would cost “to purchase a comparable automobile by the same manufacturer, same model year, with similar body style, similar options and mileage, including all applicable taxes, license fees and other fees incident to the transfer of ownership of a comparable automobile.” By law, insurance companies are able to come up with this cost by simply finding comparable vehicles in the area that are for sale, or by consulting with the Kelley Blue Book (or a similar accepted source) valuation for a vehicle. 

Insurance companies also have the option of providing an insured with a comparable replacement vehicle. The law states that “the insurer may elect to replace the insured vehicle, including all applicable taxes, license fees, and other fees necessary to transfer ownership.” However, an insured is under no obligation to accept an offered replacement vehicle. If a replacement vehicle is rejected, the insured gets the cash value. 

For More Information, Contact Williams Elleby Howard & Easter, Today 

Williams Elleby Howard & Easter, is dedicated to helping accident victims get the compensation they deserve. The personal injury attorneys at Williams Elleby Howard & Easter, understand how stressful motor vehicle accidents can be for victims and their families. That is why they work hard to provide thorough, compassionate, and effective service to each of their clients. If you have been in an accident and would like to discuss your case, contact Williams Elleby Howard & Easter, today by calling 833-LEGALGA.

Georgia’s “Move Over” Law: What You Need to Know

Georgia move over law

Most of us know that when a police car, fire truck, or ambulance is traveling down the road with sirens blaring, the law requires us to slow down, yield the right of way, and move over to the shoulder of the road if possible. Upon the approach of an authorized emergency vehicle or police vehicle that is making use of its siren, all other drivers must:

Yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle or law enforcement vehicle has passed, except when otherwise directed by a police officer.

However, fewer people understand that they are also required to leave plenty of room when passing by police or emergency vehicles that are parked on the side of the road. This duty is defined by Georgia’s “Move Over” law, which is found in Title 40 Chapter 6 Section 16 of the Official Code of Georgia. A recent report by Atlanta news station CBS 46 found that many drivers were completely unaware that this law even existed. Below is the essential information about Georgia’s Move Over law that every Georgia driver should know.

WHAT THE MOVE OVER LAW SAYS

Georgia’s Move Over law states that when a driver approaches a stationary police, emergency, accident recovery, or Department of Transportation vehicle that is displaying flashing lights, the driver shall approach “with due caution” and unless otherwise directed by a peace officer:

(1) Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or

(2) If a lane change would be impossible, illegal, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

Therefore, the first course of action should always be to change lanes. If this can be accomplished safely, a driver need not necessarily slow down as long as they are otherwise driving safely. If changing lanes isn’t possible or would be illegal or unsafe, a driver must slow down to below the posted speed limit.

CONSEQUENCES FOR VIOLATING THE MOVE OVER LAW

The Move Over law is intended to keep roadside emergency crew and law enforcement personnel safe from passing motorists. Accidents, especially those that cause fatalities, are the most serious consequences. According to the Governor’s Office of Highway Safety (GOHS), before the law was passed in 2003, “Georgia road crews, traffic enforcement officers, and other first responders endured needless years of roadside deaths and injuries due to careless errors made by distracted drivers as they sped by police making traffic stops and emergency crews working roadside jobsites.” Although the law has made things much safer, the GOHS has stated that violations are “still far too common.”

The Move Over law authorizes a penalty of up to $500 for violators. However, if an accident occurs, the legal consequences of violating the Move Over law can be much more serious. Additional charges, such as reckless driving, are common in these types of cases, and of course charges could be much more serious if a police officer or emergency crew member is struck. Moreover, in the event that there is a civil lawsuit for damages, a driver violating the law may be presumed negligent. This is referred to as negligence per se, and when this doctrine applies it is much easier for a plaintiff to win a claim against a defendant.

FOR MORE INFORMATION, CONTACT WILLIAMS ELLEBY HOWARD & EASTER, TODAY

Staying safe should always be the number one priority when getting behind the wheel. To this end, all Georgia drivers have a duty to operate their vehicles with reasonable care, which includes adhering to Georgia’s rules of the road. Everyone has a duty to operate their vehicles with reasonable care, but many people make unsafe mistakes simply because they don’t know what their duty is in a given situation. This is why knowing the law is essential to driver safety. When accidents do occur, it is also imperative for all parties involved to be aware of their legal rights and options.

The Kennesaw personal injury attorneys at Williams Elleby Howard & Easter, have deep knowledge of Georgia traffic accident laws. They provide thorough, accessible, and effective service to each of their clients, with the goal of maximizing compensation in each case. Williams Elleby Howard & Easter, offers free case evaluations and accepts cases on a contingency-fee basis. If you would like more information, or if you have been in an accident and would like to discuss your case, contact Williams Elleby Howard & Easter, today by calling 404-389-1035.

Concussion Related Injuries

concussion injury attorney accident

A concussion is a type of serious traumatic brain injury (TBI) caused when someone suffers a blow to the head. Repeated head traumas can worsen a TBI significantly. According to the CDC, millions of people are hospitalized each year with TBI, and around 150 people die in the United States every day due to TBI related injuries. This means that TBIs accounts for about a third of all injury deaths in the United States.

Auto accidents, falls, physical assaults, and sports-related head trauma are some of the most common causes of concussions. In many instances, concussions occur that were entirely preventable. When anyone in Georgia suffers a TBI because of another person’s negligence or other wrongful conduct, the victim is entitled to compensation for their harm.

If you or a loved one has suffered a concussion or similar injury due to the negligent or otherwise wrongful conduct of someone else, it is important that you be aware of your legal rights and options. Concussions and other brain injuries can have a severe and lasting impact on a person’s life. Williams Elleby Howard & Easter, is dedicated to getting brain injury victims the compensation they deserve. If you would like to discuss your case, call Williams Elleby Howard & Easter, at 833-LEGALGA today.

Compensation for Concussion Related Injuries

Georgia law categorizes damages into two categories: special damages and general damages. Special damages compensate a person for their economic loss, such as their medical expenses and lost wages. General damages compensate for non-economic losses, such as pain and suffering or emotional distress.

Both special and general damages are available to concussion victims in tort cases. However, unlike most other types of injuries, the harm a concussion victim suffers is often not readily apparent to others. Concussions can cause short and long-term psychological and emotional problems that other people can’t see. TBIs can cause memory problems, trouble focusing, anxiety, mood changes, and trouble sleeping. These issues can also have lasting effects on a person’s family and community.

In order to get compensation for this type of harm, victims need detailed and thorough medical evidence and testimony from expert witnesses explaining to the court the extent of the harm. In some cases, testimony from friends, family, and colleagues can be useful as well. The personal injury attorneys at Williams Elleby Howard & Easter, have experience handling these types of cases and know what evidence is required. If you have suffered a TBI and you have a viable claim against the responsible party, they can help you gather the evidence you need and build your legal case.Ultimately, Williams Elleby Howard & Easter, is dedicated to helping each of their clients get justice and maximize their compensation.

For More Information, Contact Williams Elleby Howard & Easter, Today

Personal injury cases can be complex. This is especially true when the plaintiff has a TBI. If you have suffered a TBI, you need qualified and experienced legal counsel on your side. Call Williams Elleby Howard & Easter, to schedule your free consultation today at 833-LEGALGA today.

Brain Injury Claims

A close-up of someone's chest wearing a white coat and white surgical gloves with a stethoscope around their neck, holding a black chalkboard with the words TRAUMATIC BRAIN INJURY written on it.

In the early morning hours of April of 2015, a tractor trailer plowed into two different cars carrying seven Georgia Southern nursing students. Five of the students were killed. Two students suffered serious injuries but survived the crash.

On January 19th, 2017, one of those survivors, Megan Richards, gave emotional testimony in court, discussing the anxiety and depression that the accident left her with, as part of a lawsuit against the truck driver and the trucking company he worked for. In an earlier civil lawsuit, the trucking company admitted responsibility and reached a multi-million dollar settlement with the other victims.

Not only was Megan coping with the loss of her friends, but her lawyers also argued that she was still suffering from a traumatic brain injury. “Not every day is the worst day of my life, but a lot of days are bad, but it’s the good days that make it worth it,” she testified.
Her father stated that she has, “A lot of anxiety. She’s depressed, she’s not social.” After hearing testimony and seeing evidence, a jury awarded Megan $15 million.

Unfortunately, these types of lasting symptoms, and many others psychological and emotional problems, are typical of traumatic brain injuries (TBIs). A TBI can be a single serious concussion, as occurs in severe traffic accidents or serious work-related accidents, or can be caused as a result of a series of smaller brain traumas, known as continued traumatic encephalopathy (CTE). According to the CDC, there are millions of new TBI emergency room visits, hospitalizations, and deaths each year. When TBIs are caused by the wrongful actions of someone else, victims are entitled to be fully compensated for their harm.

TBI Symptoms

Brain injuries can cause a variety of symptoms, including:

• Disorientation, confusion, or simply not feeling like one’s self;
• Problems sleeping;
• Headaches;
• Nausea or vomiting;
• Dizziness or difficulty balancing;
• Sensitivity to sound or light;
• Sensory problems, including blurred vision, ears ringing, or having a bad taste in the mouth;
• Mood swings;
• Problems with memory or concentration; and
• Depression and anxiety.

Proving Damages in TBI Claims

When TBI symptoms are carefully documented and medically provable, victims in TBI claims are entitled to be compensated. But it is crucial that TBI victims carefully record how the symptoms have impacted their life, and thoroughly acquire and prepare all necessary medical evidence.

Proving the harm that a TBI caused can require presenting numerous pieces of evidence, including but not limited to:

• Medical records;
• Physician reports;
• Expert medical testimony;
• Vocational evaluations;
• School and work records;
• Functional capacity evaluations; and
• Testimony from family, friends, and the victim.

Georgia personal injury law defines two types of damages that can be awarded in any personal injury case: special damages and general damages. Special damages compensate a person for things like medical expenses and lost wages. General damages compensate for non-economic losses, such as pain and suffering or emotional distress.

Although TBI claims can be difficult to prove, when evidence is carefully prepared and persuasively presented to the court, significant special and general damages are usually possible.

Contact the Brain Injury Accident Attorneys at Williams Elleby Howard & Easter, for More Information

The personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to getting justice for personal injury victims in the State of Georgia. If you would like more information about this issue, or would like to discuss your case, contact Williams Elleby Howard & Easter, to schedule a free consultation at 833-LEGALGA.

What Does “Total Loss” Mean?

total loss vehicle accident

What Does “Total Loss” Mean?

If you were involved in a car accident, the insurance company might tell you that your vehicle is a “total loss.” This designation sometimes occurs even when it may not seem like the car is completely undrivable. Technically speaking, whether you can drive the vehicle may not have any connection to whether your vehicle is considered a “total loss” or not.

When the insurance company designates your vehicle as “totaled” or a total loss, it can be devastating because the insurance company will not pay for the vehicle repairs. However, they may also not pay for the full amount of what you need to replace your car.

What Constitutes a “Total Loss” in Georgia?

Insurance companies use the designation of “total loss” when the damage to the vehicle would cost more to repair than what the car is worth. These costs are most often associated with older vehicles, but even newer cars involved in serious accidents can be considered “totaled” as well.

Whether a vehicle is a “total loss” will vary depending on the insurance company. If it is not practical to repair the vehicle, even if the repairs would be less than the value of the vehicle, then the car may still be a total loss. Some companies have a standard percentage that they use, which is usually around 75 percent. That is, when the repairs would cost more than 75 percent of the value of the vehicle, then they would consider the car totaled.

What Happens After a Total Loss?

When your vehicle is considered a total loss, you usually have two options. First, your insurance company may provide you with the actual cash value of your vehicle before the accident. They will take your deductible out of this value, however. Second, the insurance company may take ownership of the vehicle, paying you for its value post-collision. You may also be able to repurchase it yourself as well.

These options are only available if you have a policy that covers total losses. Most liability coverages will address total loss, but it is important to review your insurance contract to fully understand your options.

Keep in mind that you still should continue to pay your insurance premiums even after your vehicle is considered a total loss. Moving quickly will allow you to avoid overpaying, however. Be sure to return the license plates as soon as you can after the accident.

Valuing a Vehicle After a Total Loss

Generally, your insurance company will work with a third party to value your vehicle for purposes of either purchasing it or repairing it. The insurance company will usually consider the following factors to evaluate the actual cash value of your car.

  • Retail value of a similar vehicle
  • Purchase price of your car
  • Any improvements you made
  • Prior unrelated damage

You can dispute the amount if you feel that it is not high enough. You should provide supporting documentation to assert that the actual cash value is greater than what the insurance company has provided. For example, if the third party assessing your vehicle did not consider your aftermarket upgrades, providing information about these updates may be helpful.

If you run into any disputes with your insurance company during this process, it may be beneficial to use the services of an experienced car accident attorney. Call our team at 833 – LEGALGA for more information.

Someone Borrowed My Car and Had an Accident—Now What?

A close-up of a wreck scene showing a teal car that has rear ended a gray SUV.

Someone Borrowed My Car and Had an Accident—Now What?

If you let others, whether it be a friend or loved one, borrow your car and they are involved in an accident, you can still be on the hook for liability. In most cases, car accident victims will include both the driver and the owner of the vehicle in their legal claim. These claims can become complicated, particularly when the person driving your car is considered the “at fault” driver.

From an insurance standpoint, it is usually the car owner’s insurance that will be the first line of defense. This may not seem like a fair result, but ultimately, you are responsible for your vehicle. That means that if you lend it out to someone else, your insurance will still be the first line of defense.

Dealing with Your Damages

If your friend or family member is the one that is at fault for the accident, your insurance will generally cover any damage to your vehicle and the driver’s injuries. You will still have to pay the deductible as required by your policy; however, this general rule only applies if you have collision coverage. Collision coverage is optional in Georgia, so you may not be able to use your own insurance for property damage.

In some situations, though, you may be able to assert a claim against the driver’s insurance if he or she was particularly irresponsible or careless. These claims can be tricky, however, and they do not apply in many situations. You may simply be out of luck for coverage regarding the property damage.

Injuries and Damages to Someone Else

Your insurance company will also be forced to pay for the other driver’s damages and injuries. This falls under your general liability coverage, which is required in the state of Georgia. If your insurance policy does not cover all of the damages because of your coverage limits, the person who was driving your vehicle may use their own insurance to cover the difference (secondary coverage). In this situation, liability insurance “follows the driver,” but the vehicle owner’s insurance limits must be exhausted before the driver’s insurance kicks in.

When you are driving someone else’s vehicle, your insurance will generally be the same as if you were driving your own car. This includes the limitations, exclusions, and other requirements. It also includes the medical portions of coverage and uninsured motorist coverage.

These general rules only apply when you allow someone to borrow your car. If, however, someone uses your car without your permission, the rules are sometimes different depending on your insurance policy language. Nonetheless, coverage may still apply even if you did not give the driver permission, but he or she lives in your household. Read your policy carefully to determine how far coverage extends.

Getting Help After an Accident

You should report all accidents to your insurance company as soon as possible. Your friend or relative should also report the accident, and the two insurance companies will often work out liability issues on their own. However, when the insurance companies cannot work out liability problems you may need the assistance of an attorney to protect your interest.  If you find yourself in this unfortunate situation, call the Kennesaw car accident attorneys at Williams Elleby Howard & Easter for a free consultation at 833-LEGALGA.

Dangers of Distracted Driving

A female wearing a green shirt, sitting in a car, behind a steering wheel, holding both the steering wheel and her coffee in her left hand while looking into the sun visor mirror, putting on mascara.

Taking your eyes off the road for even just a few seconds can easily result in injuries or death. In fact, the AAA Foundation reports that even taking your eyes off the road for as little as two seconds will double your risk of being involved in a crash.

Distracted driving involves any activity that takes your attention from the road, whether it is another passenger, adjusting the stereo, or texting. The National Highway Traffic Safety Administration (NHTSA) reports that one in every ten fatal accidents in the United States involves a distracted driver. That means that more than 3,000 deaths are caused by distracted driving each year. Distracted driving is also likely responsible for roughly 18 percent of all accidents that result in injuries.

Examples of Distracted Driving

With the increase in technology, distracted driving seems to be an even more serious issue today. The AAA report regarding traffic safety culture indicated that 85 percent of respondents thought that distracted drivers are a much larger problem today than they were only three years ago.

Distracted driving comes in many forms. Examples include:

  • Reading
  • Running navigational systems
  • Watching videos
  • Engaging on social media
  • Adjusting the radio
  • Grooming
  • Eating and drinking
  • Using a cell phone or smartphone
  • Texting

Many other types of distractions could affect your driving ability as well.

Types of Distracted Driving

Texting and engaging in social media is particularly egregious because it involves manual, visual, and cognitive distraction.

  • Manual distraction: You should have both hands on the wheel to maintain control of the vehicle. When your hands leave the wheel for any reason, you are engaging in manual distraction. Think of the huge number of activities that you engage in while you are driving that could be considered manual distraction because your hands leave the wheel.
  • Visual distraction: Your eyes should be on the road or scanning for threats or obstacles around you. When your eyes avert to children, electronics, or anything else, you are engaging in visual distraction.
  • Cognitive distraction: This type of distraction is the hardest to recognize. Anytime your mind wanders to matters other than driving, you are engaging in cognitive distraction. Talking to others or otherwise being preoccupied are both forms of distracted driving.

Distracted Driving and Younger Drivers

Younger drivers are more likely to engage in distracted driving. Ten percent of drivers between the ages of 15 and 19 that were involved in fatal crashes were distracted at the time of the accident. This is the largest age group for those who were distracted at the time of an accident. Drivers between the ages of 16 and 24 also manipulate cell phone and other electronic devices at higher rates compared to older drivers.

Cell phones may quadruple the crash risk for every driver. Safety is a real concern for every driver because of cell phone use, especially because one in 20 drivers is using a cell phone at any given time while on the road. Even hands-free phones are not risk-free because they also cause a cognitive distraction.

Distracted driving can result in serious injuries. If you or a loved one has been affected by a distracted driver, you may have legal options. Call car accident attorney, Joel Williams at 833 – LEGALGA for more information.

Proving Fault in an Auto Accident

The foreground shows a blue car hitting the back of a black car with a woman and a man standing in the background holding their phones.

Traffic accidents can raise complex issues of fact and law, particularly when determining which party is responsible. Georgia is an “at-fault state,” meaning the party at-fault in an auto accident is on the hook to pay for the expenses of the other party. In some cases, determining fault is easy, and the at fault party won’t even contest it.  However, most car wrecks require an in depth investigation of the facts to determine who is at fault.

The Standard of Care

All drivers on the road have a duty to act with reasonable care towards each other. When a driver breaches this duty, they are said to be negligent. When a negligent driver causes an accident, they are at-fault and owe the other party compensation.

Here are the main factors courts will look to when determining fault:

Whether Rules of the Road Were Broken

One of the most common ways that courts determine which party was at fault in an accident is by looking to see if any traffic laws, or “rules of the road,” were violated. Georgia’s rules of the road, which are a part of the Georgia Code, can be found here. When a violation of these rules caused or was a substantial factor in causing an accident, there is a presumption that the driver in violation was at fault. This is referred to as negligence per se.

However, even when a driver is found to be negligent per se, they still have an opportunity to refute the presumption of negligence and show that the accident was not their fault. Also, it is important to note that a violation of a traffic rule that was not actually a cause of the accident would not be relevant to the issue of fault.

The Type of Accident

For certain types of accidents, fault is predictable. A rear-end collision is almost always the fault of the driver of the vehicle who was coming from behind, because it usually means they were following too close or not paying attention. In accidents where a car is turning left and hits another car head-on, it is almost always the fault of the car turning left because they should have seen the oncoming traffic.

Courts will naturally pay attention to these patterns. But, there are many significant exceptions to these generalities. For instance, if a driver applies the brakes abruptly, cuts another car off, goes well below the speed limit, or was driving without functioning brake lights, they may be the one at fault when they get rear-ended. Similarly, if a left-turning driver is hit by a speeder or a person running a red light, the accident likely isn’t their fault.

What the Police Report Says

A police report can be powerful evidence of fault in a subsequent lawsuit. If you are ever in an accident that was not your fault, you should try to get one. Whether a police report will be available will depend on the severity of the accident, as well as where the accident occurred. Some cities, towns, and rural areas may not have the resources to create police reports for every accident; however, in most instances it will be possible to get one. For instance, Atlanta works to make car-accident police reports available to all those who request one.

If You Have Been in an Auto Accident, Williams Elleby Howard & Easter Can Help

If you have been involved in an auto accident, it is crucial to consult with a qualified attorney to understand your rights. Attorney Joel Williams has experience with these types of cases. He can investigate the facts of your case, explain your rights, and help you get a fair outcome. If you would like more information about this issue or would like to discuss your case, please call us at 833-LEGALGA to schedule your free consultation.