PTSD: What to Look For After a Georgia Car Accident

Sad man sitting down with his head propped in his hand.

Post-traumatic stress disorder, or PTSD, is a mental health disorder that is triggered by a dangerous or shocking event, including Georgia car accidents.  PTSD is commonly associated with military veterans returning from war, but military members are not the only ones who can suffer from PTSD. Anyone can experience PTSD after a traumatic event.

About 8% of Americans suffer from PTSD at least once during their lives. Motor vehicle accidents are the most common cause of PTSD in the general population but any traumatic accident can cause PTSD. Those directly involved in the accident and those who witnessed the accident can develop PTSD.

If you or a loved one has experienced or witnessed an accident, you should be aware of the signs of PTSD and know what to do if they develop.

Signs of Post-Accident PTSD

It could be days, weeks, or even months after an accident before symptoms of PTSD become apparent. The following are some of the common signs and symptoms of PTSD following an accident:

  • Unexpected or recurring flashbacks of the accident.
  • No memory of certain parts of the accident.
  • Nightmares or other sleeping difficulties.
  • Difficulty concentrating.
  • Avoidance of reminders of the event, for example, avoiding driving after a car accident.
  • Avoidance of feelings related to the accident.
  • Negative mood changes such as decreased interest in hobbies and leisure activities, as well as overly negative thoughts about self and others.
  • Persistent feeling of being on edge.
  • Emotional outbursts.
  • Being easily startled, e.g., jumping when a loud noise is heard.
  • Physical manifestations of stress such as hair loss, fragile nails, headaches, weight loss, and neck and should aches.
  • Panic attacks.
  • Physical of arousal such as higher heart rate, sweating, and shortness of breath when at rest.
  • Substance abuse.

PTSD does not require all of these signs and symptoms to be present and can manifest in other ways as well. PTSD shows up differently in different people.

What to Do for Post-Accident PTSD

If you or a loved one are experiencing any signs of PTSD, you should seek medical treatment immediately. Contact a mental health professional directly or make an appointment with your primary care physician who can refer you to the appropriate mental health care professional. If immediate help is needed, call the 24/7 Georgia Crisis Hotline at (800) 715-4225. Whomever you reach out to, do it as soon as possible. PTSD is a very treatable disorder but can have devastating consequences if left untreated.

You should also tell your Georgia accident attorney if your PTSD symptoms are present or if there has been a PTSD diagnosis. The cost of PTSD care and treatment may be recoverable as part of damages in your personal injury case, but your attorney has to know about it to help you receive the compensation you are entitled too.

At Williams Elleby Howard & Easter, we understand that the mental suffering caused by traumatic accidents can continue long after the accident itself is over.  Georgia law allows PTSD victims to recover for their pain and suffering and Williams Elleby Howard & Easter works hart to ensure that those impacted by accidents are fully compensated. If you or a loved one has been in an accident in Georgia, call (833) LEGALGA to schedule a free consultation with our team.

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.

The Mayo Clinic defines Scoliosis as 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 for scoliosis, 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.

Who Is Responsible for a Georgia Rear-End Accident?

A side view of the smashed frontend of a silver car rearending a black car.

It is a commonly held belief by many Georgia drivers that the fault in a rear-end collision is easy to determine and that the driver that rear-ends the other is always at fault. And while that is usually the case, the reality is that there are exceptions to this rule. Rear-end collisions make up a large portion of the more than 385,000 traffic accidents that occur in Georgia each year. That’s why it’s important to understand when drivers may share fault in a rear-end collision, as these accidents contribute to Georgia’s relatively high cost of insurance. Shared fault can have a major impact on a personal injury claim due to Georgia’s adoption of contributory negligence laws.

What Is Contributory Negligence?

Under Georgia’s contributory negligence laws, a plaintiff in a personal injury lawsuit may recover a portion of their damages even when they bear some of the responsibility for the collision. The jury in the case will make a determination of what percentage at fault the plaintiff is. The jury will then take this “fault percentage” and apply it to the total value of the damage in the case. For example, if the jury finds there were $100,000 worth of damages but the plaintiff was 30 percent at fault, the plaintiff will lose 30 percent of their recovery. The end result would be an award of $70,000 for the plaintiff. In cases where the plaintiff is partially at fault for a rear-end collision, the total recovered will be reduced. If a jury ultimately determines that the plaintiff was primarily at fault for the accident, the award will be zero.

Examples of Shared Fault Georgia Rear-End Collisions

There are a handful of scenarios in which liability for a rear-end crash could be split. The first and most common is when the driver of the front vehicle makes a sudden maneuver. This can include anything from a rapid lane change or a sudden stop. While the following driver has a duty to not follow too closely behind the front vehicle, there may be a case for split liability if the driver of the front vehicle makes a move that is so sudden that a collision could not reasonably be avoided.

Another common example where liability for a rear-end collision could be split is the presence of a mechanical defect or failure. If the front driver knowingly operates a vehicle without working brake lights or turn signals, there is a strong argument that the front driver is liable. This includes both mechanical defects as well as a driver’s failure to activate a car’s headlights or blinker.

If You’ve Been Rear-Ended in Georgia, Contact Williams Elleby Howard & Easter Today!

In the vast majority of cases, a driver can prevent causing rear-end collisions by traveling at a safe distance behind the car in front of them and paying close attention to traffic and road conditions. If you have suffered an injury from a rear-end collision, contact an experienced Georgia personal injury attorney right away. Your attorney will explain the process of recovering your damages to you and help gather evidence in preparation for trial. If your case ends up before a jury, your attorney will use that evidence to make the case that it was the defendant’s lack of care that caused the accident, not yours. To discuss your case with an experienced Georgia car accident attorney, contact Williams Elleby Howard & Easter today at 833-LEGALGA.

What Are Pain and Suffering Damages?

A woman laying in a hospital bed with her hand covering her eyes.

If you have suffered an injury in a Georgia vehicle accident, it is probably no surprise to you that it is possible to recover the costs of your medical treatment and other bills from the responsible party. It’s not difficult to place a monetary value on these economic damages; your attorney would merely seek to recover the amount of your medical bills or lost wages. However, these are not the only type of damages available to you when you’ve suffered an injury due to the negligence of another. Under Georgia law, you may also seek recovery for your pain and suffering.

A monetary judgment against the person responsible for your injuries can’t heal the physical or emotional suffering you’ve endured. In the case of life-altering injuries, money is a poor substitute for the things you may no longer be able to enjoy in life. But while monetary damages can’t heal your pain, they can be one means to help restore your previous quality of life. But unlike medical bills, there isn’t a bottom line figure that you can point to when evaluating your pain and suffering claim. So how would your Georgia personal injury attorney show a jury how much your suffering is worth?

What Is Pain and Suffering Under Georgia Law?

The availability of pain and suffering damages for civil actions in Georgia courtrooms is set out by statute. According to O.C.G.A. 9-10-184:

In the trial of a civil action for personal injuries, counsel shall be allowed to argue the worth or monetary value of pain and suffering to the jury; provided, however, that any such argument shall conform to the evidence or reasonable deductions from the evidence in the case.

This language is vague, but a series of Georgia court decisions have given courts some guidance on what constitutes pain and suffering. Some of the factors that courts will consider in evaluating pain and suffering injuries include:

  • Whether the pain interfered with your healthy living.
  • Whether the pain interfered with your enjoyment of life.
  • If your pain and suffering led to a loss in your ability to earn money.
  • If your bodily health has been impaired long-term or permanently.
  • The shock from the severity of the impact.
  • Fear and worry over the extent of your injuries.
  • Your mental anguish, now and in the future.

Unlike specific acute injuries like cuts and broken bones, it can be hard to describe pain and suffering to a jury. Thankfully, skilled injury attorneys can use your medical history and witness testimony to paint an accurate picture of your pain and suffering. Your attorney can rely on your medical records to show that you have regularly complained about pain since the accident occurred. You, as well as friends, family, and co-workers may also be called to testify as to the effect the pain and suffering has had on your life and ability to care for yourself.  If the pain is likely to be permanent, skilled attorneys have many tools, including mortality tables, to help juries calculate the length of time an injured victim is likely to suffer.

Questions? Talk to One of our Georgia Personal Injury Attorneys

If you have suffered an injury in a car accident in Georgia, contact a personal injury lawyer today. Trained professionals have extensive experience representing car accident victims and can answer any questions you have about whether pain and suffering damages are available in your case. For answers, contact Williams Elleby Howard & Easter at 833-LEGALGA for your free consultation today.

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.

Georgia’s Open Records Act and Its Exceptions 

Georgia open records act

Nearly 100 years ago, the great Supreme Court justice Louis Brandeis wrote “sunlight is said to be the best of disinfectants.” What he meant by this was that shining a light on the conduct of government was the best way to make sure government agencies and politicians operated honestly and properly maintained records. In keeping with this ideal, the federal government passed the Freedom of Information Act (FOIA) in 1967. “The basic function of the Freedom of Information Act is to ensure informed citizens, vital to the functioning of a democratic society.” Since this time, advocates for open government have succeeded in getting similar laws passed in all 50 states. Georgia’s version of the FOIA is called the Georgia Open Records Act and is found in The Official Code of Georgia § 50-18-70. 

These laws not only encourage government to operate as it should, but they also ensure that members of the public have access to information they deserve to have access to. Under the law, records maintained by most government agencies or private companies carrying out government functions are open to the public and subject to inspection at a reasonable time and place. This can include personal injury victims that want to get information about their accident. The justification of the Georgia Open Records Act is described in its first section: 

“The General Assembly finds and declares that the strong public policy of this state is in favor of open government; that open government is essential to a free, open, and democratic society; and that public access to public records should be encouraged to foster confidence in government and so that the public can evaluate the expenditure of public funds and the efficient and proper functioning of its institutions. The General Assembly further finds and declares that there is a strong presumption that public records should be made available for public inspection without delay. This article shall be broadly construed to allow the inspection of governmental records.” 

Exceptions 

There are a number of exceptions to the Georgia Open Records Act. In total, there are 20 exceptions that are not open for public inspection. These include medical records, confidential government information, and records of law enforcement. Georgia Uniform Motor Vehicle Accident Reports are an exception to the Georgia Open Records Act, except upon a written statement of need by the requesting party. However, the term “need” is defined broadly under the law; anyone with a personal connection to an auto accident is considered to have a legitimate need to see the accident report. 

Using Public Records in Personal Injury Cases 

The Georgia Open Records Act can be useful for plaintiffs in personal injury cases. Government records can often help to show whether a defendant or potential defendant in a case is liable. Thus, making requests under the Georgia Open Records Act is often one of the first investigatory steps to take following an accident. The law specifically says that auto accident reports are to be made available to a person that “was allegedly or actually injured by the accident.” The law also has a section that applies to anyone involved in any type of lawsuit against a government agency. It states: 

“Requests by civil litigants for records that are sought as part of or for use in any ongoing civil or administrative litigation against an agency shall be made in writing and copied to counsel of record for that agency contemporaneously with their submission to that agency. The agency shall provide, at no cost, duplicate sets of all records produced in response to the request to counsel of record for that agency unless the counsel of record for that agency elects not to receive the records.” 

For More Information, Contact Car Accident Attorney in Kennesaw 

If you or a loved one has been injured in an accident, you should consult with an experienced personal injury attorney to better understand your legal rights and options. It is crucial for accident victims to gather evidence as soon as possible following an accident. The experienced Georgia personal injury attorneys at Williams Elleby Howard & Easter, have deep knowledge of Georgia tort law, know how to thoroughly gather evidence in preparation of a personal injury lawsuit, and are dedicated to maximizing compensation for each of their clients. For more information or to discuss your case, contact Williams Elleby Howard & Easter, today to schedule a free consultation 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.

Bicycle Wrecks

bicycle accident wreck injured

Each year in the United States there are hundreds of thousands of accidents between automobiles and bicycles. Because of their vulnerable position, these accidents often have severe consequences for the cyclists involved. It is crucial for both motorists and cyclists to understand their rights and duties under Georgia law.

If you have been injured in a bicycle wreck and someone else was at fault, you need a qualified and experienced bicycle wreck injury attorney to represent you. Williams Elleby Howard & Easter, is dedicated to getting accident victims the compensation they deserve. To discuss your case, contact Williams Elleby Howard & Easter, to schedule a free case evaluation today online or by calling 833-LEGALGA.

Duties of Motorists and Cyclists to Each Other

Motorists and cyclists each have a duty to act with reasonable care while on the road. Drivers, as well as cyclists, must follow the “rules of the road” outlined by Title 40, Chapter 6 of the Georgia Code. If either a cyclist or motorist violates a traffic law, they can be considered at-fault in an accident. In some cases both parties are at-fault, and the issue becomes determining to what degree each party was at fault.

Specific Laws Applying to Cyclists

There are a few specific laws that apply to cyclists in Georgia. These are found in Chapter 6 Article 13 Part 1. Under O.C.G.A. § 40-6-294, “every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, except when turning left or avoiding hazards to safe cycling.” This generally means a cyclist must remain in a bike lane or on the shoulder of the road unless they are turning left; however it is important to note that if there is a “hazard to safe cycling” then cyclists are allowed to move into the main lane of traffic temporarily.
Bicycles must only be used by one person at a time, unless it is designed to carry more than one person. When riding at night, bicycles must have a white light in the front and a red light or reflector on the back. Adults are not required to wear helmets when riding a bicycle; however children under the age of 16 are required to wear a helmet. Cyclists should also remember that riding a bicycle while legally intoxicated is illegal.

If You Have Been in a Bicycle Wreck, Contact Williams Elleby Howard & Easter, to Discuss Your Case Today

Bicycle wreck accidents claims, like other types of personal injury claims, can be complex. It is imperative for victims of harm to have qualified and experienced legal counsel on their side. A Kennesaw, Ga personal injury attorney that understands bicycle wreck cases and is familiar with local courts can ensure that your compensation is maximized.

If you have been involved in a bicycle wreck, the qualified bicycle wreck attorneys at Williams Elleby Howard & Easter, can help you understand your rights and get you the compensation you deserve. If you would like more information, Williams Elleby Howard & Easter, is here to help. Call today to schedule your free consultation at 833-LEGALGA.