Ride-sharing and car service company Uber is quickly being the preferred method to taxi cabs in Atlanta, as well as in 300 cities across the world. Uber is known as reliable and convenient, as it connects you with drivers in your area via a mobile app, shows you their exact proximity and arrival time, displays their picture and car make/model, and allows you to pay automatically via your smartphone so there are no cash transfers or credit card transactions inside the vehicle. Uber also requires passengers and drivers to rate one another in order to encourage a respectful and safe environment for all parties involved.

Unfortunately, anytime you are on the road—whether you are driving or are a passenger in an Uber vehicle—there still exists the risk of auto collisions and injuries. If you are injured while using Uber, who is liable for your injury-related losses? The following are some of the parties that may be held accountable:

Uber

In many cases, a company is responsible for the negligent acts of its employees. However, Uber has been very careful to classify all of its drivers as “independent contractors”¹ instead of as “employees.” This means that the company can often effectively eliminate liability if a driver is negligent and causes an accident. Uber does provide insurance coverage for of its drivers but may try to avoid liability if faced with a legal claim.

Uber driver

If your Uber driver caused the collision and Uber’s insurance will not cover your costs, you may try to make a claim against the driver’s personal insurance policy. However, many personal policies do not cover drivers when they are driving others in exchange for payment. This may require you to file a claim directly against the driver to obtain compensation.

Third-party

In many cases, another driver may have been negligent in causing the accident. In such a situation, your claim will be against that driver and their insurance policy.

Ultimately, injury claims for Uber accidents can be complicated so it is always wise to discuss your situation with an experienced Atlanta car accident lawyer.

Reference:

1. https://webapps.dol.gov/elaws/whd/flsa/docs/contractors.asp

Posted in Car Accidents | No Comments »

Slipping and falling leads to about one million visits to emergency rooms across the United States each year. These accidents happen in an instant and when you least expect them, though the effects of resulting injuries can last for weeks, months, or even years. Some people need extensive medical care, cannot work, and experience significant pain and suffering after this type of accident. 

Depending on where – and how – your slip and fall occurred, another party might be responsible for covering your losses. This can be a complex determination in many cases, and parties often want to avoid liability. All slip and fall victims who suffered injuries should consult with trusted Lawrenceville personal injury lawyers about their rights as soon as possible. 

Where Slip and Falls Happen

Slip and fall accidents can happen virtually anywhere. In many cases, they occur in public places where people walk regularly. Some of the more common places that slip and fall accidents happen include:

Grocery Stores

A significant number of slip and fall incidents occur in grocery stores. This fact should come as no surprise, and many grocery stores are extremely busy places and have thousands of items that could pose a potential tripping hazard should they fall or spill. Grocery store management should be regularly inspecting aisles for spills or other hazards, and they should address any issues right away and post caution signs regarding wet floors and other persisting conditions. When they fail to do so, customers can get hurt, and the store should be liable. 

Big Box Stores

Similar to grocery stores, big box stores like Walmart or Costco are common locations for slip and falls. With aisle after aisle of varying merchandise, it can be a difficult task for employees to constantly monitor the store for potential hazards. However, when stores invite customers in for business purposes, they owe them a high duty of care to keep the premises safe. Even though it can be time-consuming to inspect these large stores, it does not give the companies the excuse to allow dangerous conditions that might lead to slip and falls. 

Shopping Malls

Shopping malls are another location where there is a significant risk of slip and fall accidents. In many cases, malls see thousands of visitors every day, and it takes a dedicated crew to keep walkways, stairwells, and other common areas clean. In addition, each store could have its own slip and fall hazards that could result in a serious, injury-causing accident. Furthermore, areas like food courts and restaurants regularly have spills or debris on the ground, and patrons can easily slip and fall, resulting in serious injuries.

Liability can be complicated in these large facilities, as it can be difficult to determine whether individual business owners or the general mall management was responsible for allowing the slip and fall hazard. 

Schools

Schools are filled with hundreds – or more – of children each day, and children do not always watch what they are doing, often resulting in items dropped and other conditions. Further, if there is rain, kids can track in wet and mud when they enter the building or after playing on the playground. Schools should have staff that keep watch for possible hazards, but some might go unnoticed for an unreasonable period of time. This can result in teachers, students, or staff slipping and falling. If this happens in a public school, you might have a claim against the government, which has its own requirements and complications. 

Office Buildings

Office buildings generally feel like safe places, though slip and fall hazards can exist in walkways, kitchen areas, bathrooms, cafeterias, and more. If you work in an office and suffer injuries in a slip and fall, you might not be able to file a traditional slip and fall claim against your employer, as workers’ compensation might be your source of benefits. You should speak with a law firm that understands both personal injury and workers’ compensation cases in this situation. 

Parking Lots

Parking lots can have cracks, slippery pavement, debris, and other conditions that cause people to slip and fall when they are walking to or from their vehicles. In this case, you would need to determine who was responsible for the upkeep of the parking lot in order to know who should be liable for your injuries and losses. 

Convenience Stores

Convenience stores offer customers the ability to easily grab a variety of items, from snacks to drinks to basic medications, without the hassle of going to a larger establishment. Unfortunately, they often also expose patrons to a risk of slipping and falling. Many convenience stores are understaffed, and customers using self-service soda fountains and frozen drink dispensers may inadvertently spill and create slippery surfaces. 

Stadiums

Sometimes, there is nothing more enjoyable than heading to the stadium and catching a baseball game, concert, or another event. However, stadiums are full of slip and fall hazards, with stairs, escalators, walkways, and people spilling food and drink while they are moving around. This is, unfortunately, the perfect atmosphere for slip and falls to happen, which can certainly ruin a night at the ballpark if you suffer serious injuries. 

Hotels

Hotels offer guests a home away from home, but they also are often rife with slip and fall hazards at every turn. Issues like misplaced luggage, slippery floors, construction, renovations, torn carpet, inadequate lighting, and others can easily result in a serious, injury-causing accident. This is particularly true in hotels that have extensive common areas where people congregate or amenities like pools and spas, fitness centers, restaurants, clubs, or conference facilities. 

Contact Our Lawrenceville Personal Injury Lawyers for Help

If you have suffered injuries in a slip and fall accident, you should contact Spaulding Injury Law as soon as you can. Our Lawrenceville injury attorneys know how to get our clients the compensation they deserve and will never collect legal fees unless we win your case. Contact us online or call 678-541-8841 to schedule a free case evaluation with an attorney.

Posted in Slip and Fall Accidents | Comments Off on Common Locations of Slip and Fall Accidents

Of all the kinds of driver negligence possible, driver fatigue is one of the riskiest because it often goes undetected. Unfortunately, fatigue behind the wheel can mimic the impairment experienced by drunk drivers and is, therefore, exceptionally dangerous. If a drowsy driver leaves you injured in a traffic accident, don’t delay consulting with an experienced Lawrenceville car accident lawyer.

Drowsy Driving Is a Serious Problem

The Centers for Disease Control and Prevention (CDC) reminds us that we are not in control of when sleep will overcome us, which makes driving under the influence of exhaustion especially dangerous. Having too little quality sleep can affect drivers in many ways, including:

1. Drowsy drivers are less capable of paying adequate attention to the road.
2. Drowsy drivers experience slowed reaction times.
3. Drowsy drivers have a more difficult time making good decisions.

None of these bode well when it comes to driving safely and avoiding car accidents. Drowsy driving continues to be a risk on the roads, and the CDC shares the following sobering statistics:

1. About one in 25 drivers over the age of 18 self-report having fallen asleep behind the wheel in the 30 days prior.
2. Drowsy driving is estimated to have played a pivotal role in 72,000 traffic crashes that led to 44,000 injuries and 800 deaths in a recent year (but drowsy driving is believed to be woefully underestimated).

Too Little Sleep

One of the most common causes of driver fatigue is simply getting too little sleep. Only the driver knows if he or she has had enough sleep to safely maneuver a vehicle through traffic, but if he or she hasn’t, it is that driver’s responsibility to make the right choice and not drive.

Failure to Adhere to Hours-of-Service Restrictions

Truck drivers and other commercial drivers are professional drivers who operate massive vehicles and whose negligence puts everyone else on the road at increased risk of injuries in serious truck accidents. This is why there are strict guidelines that truckers must adhere to, including careful hours of service requirements. When truck drivers – and the trucking companies that employ them – put profits before safety and drive beyond the hours-of-service restrictions – or push their drivers to do so – life-threatening accidents are often the result.

Medications

Some medications leave those who take them drowsy, and they come with safety warnings on their labels. When motorists ignore these warnings, they make our roads less safe for everyone on them.

Shift Work

Shift work, such as factory work and many medical positions, can also contribute to the problem of driver fatigue. Long shifts and/or night shifts can interfere with workers’ sleep and can lead to dangerous drowsy driving.

Untreated Sleep Disorders

Sleep disorders can leave those afflicted exhausted – even when they get plenty of sleep. Sleep apnea, for instance, can cause a person’s breathing to stop and start while sleeping, which leads to poor sleep quality and can contribute significantly to dangerous drowsy driving.

Driver Responsibility

Ultimately, motorists are responsible for ensuring that they are safe to get behind the wheel. Making the decision to drive with too little sleep, when under the exhausting influence of certain kinds of medications, or when affected by a sleep disorder is a dangerous decision that amounts to driver negligence. If a drowsy driver leaves you injured in a car accident, obtaining the damages to which you are entitled is critical to your ability to recover, and a dedicated car accident lawyer can help.

Pay Attention to the Warning Signs

If you’re behind the wheel and experience any of the following, it’s a warning sign of exhaustion that you should pay attention to:

1. If you find yourself yawning or blinking frequently, it’s important to understand that it is your body’s way of fending off sleep.
2. If you have difficulty remembering driving the last several miles, it likely means that your exhaustion is interfering with your ability to pay attention.
3. If you miss your exit, it means that something is interfering with your ability to concentrate, and it may well be driver fatigue.
4. If you catch yourself drifting out of your lane or hitting a rumble strip on the shoulder unexpectedly – you shouldn’t be on the road.

If you experience any of these warning signs, don’t wait to see if they improve or worsen – it’s time to either pull off the road or change drivers.

Addressing the Issue of Driver Fatigue

Driver fatigue is a serious danger on our roads, but there are straightforward steps that you can take to help ensure that you don’t become a dangerously drowsy driver, including:

1. Get the sleep you need. The general consensus is that the majority of adults need at least seven or eight hours of sleep a night. If you are clocking in at five or six hours, it is time to take stock of your sleep habits. Sticking to a sleep schedule can help.
2. If you feel drowsy even after eight hours of sleep, you may have a sleep disorder that you should discuss with your doctor.
3. Always check the label on any medications that you take, and if there is a warning regarding operating heavy machinery or becoming drowsy, it is your responsibility not to get behind the wheel. Further, it’s important to recognize that different medications affect people in different ways, and a new medication could leave you unexpectedly drowsy – even if there is no warning on the label.

An Experienced Lawrenceville Car Accident Lawyer Can Help

If another driver’s fatigue leaves you injured in a car accident, the damages you face are likely to be considerable, and obtaining just compensation is likely elemental to your ability to fully recover. The trusted Lawrenceville car accident lawyers at Spaulding Injury Law have impressive reserves of experience helping clients like you recover on their full scope of physical, financial, and emotional damages, and we are here for you, too.

To learn more about how we can help, please don’t wait to contact us online or call us at 678-541-8841 today.

Posted in Car Accidents, Uncategorized | Comments Off on What Can Cause Driver Fatigue?

Atlanta is a significant player in the world of commerce. There are many reasons why this city is becoming one of the most popular places to live in the United States. Atlanta has a state of the art airport, which makes travel and commerce easier and more obtainable. The famous UPS is building a major shipping center in Atlanta. It seems that every growth in Atlanta ensures more growth in the city.

In many ways, Atlanta is a world-city. There are 34 bi-national Chambers of Commerce in Atlanta and 81 consulates and trade offices. This attracts businesses from across the globe to Atlanta, therefore, doing business in the United States by way of this global city is the best choice.

Technology

Atlanta is a technology mega-giant. There are more than 14,000 technology companies in Atlanta, with nearly 2-million technology employees in every imaginable expertise and field. These companies and professionals are important players in the growth of this industry in the state of Georgia.

Just to name a couple, both NCR Corporation and Arris International are from Atlanta.

Now that we know the logic behind Atlanta’s position in commerce and the mindset that keeps commerce growing and developing, we can look at some of the major businesses and companies that call Atlanta home.

Businesses headquartered in Atlanta

• CNN
• Coca-Cola Company
• Coca-Cola European Partners
• The Home Depot
• United Parcel Service (U.P.S.)
• Delta Airlines, Inc.
• SunTrust Banks
• Newell Brands
• Equifax
• Aarons, Inc.
• Intercontinental Exchange Inc.
• The Southern Company
• Genuine Parts Company
• First Data Corporation
• H.D. Supply Holdings Incorporated
• Global Payments Incorporated
• Carter’s Incorporated
• First Data Corporation
• Aflac Incorporated
• Mohawk Industries
• West Rock (former Rock-Tenn Company)
• Newell Rubbermaid, Inc.
• Acuity Brands, Inc.
• BlueLinx Holdings Inc.
• Ocwen Financial Corporation
• AGL Resources

Of course, this is not a complete list. The fact is, Atlanta is home to thousands of companies and businesses. Our list includes 16 companies that are Fortune 500 companies and 9 that are Fortune 1000 companies.

Did you know?

You may not know that Atlanta is a major city for the automobile industry. This is home to Asbury Automotive Group, Incorporated, the largest automotive retailer in the United States. Atlanta is also home to German automobile maker, Mercedes Benz/Daimler.

Sports

There is no doubt sports teams, games, and everything associated with sports is big business. With that said, Atlanta is home to 5 major professional sports franchises. They are:

• Atlanta Braves
• Atlanta Hawks
• Atlanta Falcons
• Atlanta Dream
• Atlanta United FC

In 2017, the Lacrosse team Atlanta Blaze will be added to this group, calling the Mercedes-Benz Stadium home.

As you can see from our list, Atlanta is home to some of the nation’s largest corporations and smallest businesses, but they all have one thing in common, innovative ideas and the courage to take risks. Some of them we all know about and some of them we may not recognize. We can credit the educational system for focusing on the importance of leadership for the future of business. Another Atlanta business should be mentioned in this light. The Atlanta Partnership of Business and Education, Incorporated represents this concept. One thing that is certain, Atlanta is a major commerce city, and the future of Georgia is bright.

Posted in Atlanta | No Comments »

Cumming, Georgia is part of the Atlanta metropolitan area. The position of the area makes it a popular location for certain trades. Automobile repairs fall into that category.

In Cumming, you will find all the big-name shops like Firestone, Goodyear, Tires Plus, Safelite Auto Glass, Aamco Total Care, and so on. You will also find specialty shops that service imports and high-end automobiles. These types of automobile service centers are easy to find with recognizable names that will come up in any computer search engine. So, we are going to focus on some of the other high-quality shops in Cumming. These are some of the most highly rated shops in the area, but there are more. So, if you do not find what you are looking for here, do more research and ask your friends and family for a recommendation. There is an auto repair shop that will take care of your needs.

Corey’s Auto Service

Corey’s is a family-owned business that has been servicing Cumming for more than 15 years. They are highly rated and have a reputation for being honest and doing everything they can to save the customer money without sacrificing quality. They present a national presence as a certified NAPA Auto Care Center, so you get the benefits of a big company and the convenience of a small business.

Highway 9 Collision Center

This location has only been open a few years, but the owner has more than 30 years of experience in collision repair. They are on-site and hands-on. Your repairs are done professionally and at a fair price. The only downside is their business hours are 8 am to 5 pm, Monday through Friday with Saturday service only available by appointment. However, if you can work within those time restraints, they are an excellent choice.

Lanier Auto Repair and Restoration

This is the kind of auto repair shop you would expect in Georgia. The owners are on-site and ASE certified master mechanics. They do good work at reasonable prices and they really focus on customer satisfaction. If you are looking for a business that provides reliable service with the proper paperwork and a handshake, then you have found the right place for your next repair. You will not find a website for Lanier Auto, but you can find them on Facebook.

Herbert Automotive

Whether you are driving the newest model or your old truck from high school, the highly trained staff at Herbert Automotive can quickly identify and fix the issue. They are a full service, family-owned business. They have been serving Forsyth County since 1993. They do the job right and stand behind it.

Here are a few more automobile repair shops in Cumming Georgia that are highly rated and worth checking out:

• Signature Total Car Care, Inc.
• Benchmark Auto Pro
• Scott’s Auto Center
• Executive Auto Glass
• Cumming Collision Center
• Cumming Transmission

No matter what the make, model, or year of your automobile, you will find a repair shop in Cumming that can help you. Whether the issues are mechanical or cosmetic, it can be fixed within a reasonable time frame and a reasonable price. Shop around, and do research to make sure you find what you are looking for in Cumming.

Posted in Car Accidents, Cumming | No Comments »

Earlier this year, a cement mixer truck rolled over at an intersection in Atlanta, landing on a Lexus driven by a 22-year-old man and on the hood of the Mercedes driven by former mayor and current United Nations ambassador Andrew Young. Despite the 70,000-pound cement-mixing trailer crushing their vehicles, no one was seriously injured, though the accident had the potential to be devastating. Only five days prior, another cement mixer truck rolled over onto an Audi, trapping the driver who ultimately survived.

Media investigators found some disturbing similarities¹ between the two accidents:

• Both cement truck drivers were cited for both speeding and running red lights according to police reports.²
• Both drivers worked for the same company, Ready Mix USA.

Violating traffic signals and speeding through intersections are both dangerous behaviors even in a small passenger vehicle. When a driver is operating a large, cylindrical cement mixer truck that is already prone to rolling over, such negligent driving is almost certain to cause a catastrophic rollover accident.

The investigation also revealed that Ready Mix USA may be encouraging dangerous driving behavior because they changed from hourly wages to paying each driver based on the number of loads they deliver. This means that drivers may be more prone to speeding, running traffic signals, and similar behavior to make deliveries faster. Even if the company did change its policy to encourage dangerous driving, however, the drivers should still also be held responsible for their own negligence and the damage they caused.

Commercial truck rollovers can cause serious injuries

Any rollover accident can cause injuries. When a large, almost 80,000-pound trailer rolls over, however, it generally causes substantial damage and catastrophic injuries. Some severe injuries resulting from rollover truck accidents include:

• Crushed limbs and amputations
• Head and brain trauma
• Spinal cord injuries and paralysis
• Burns

Our Truck Accident Lawyers Have Seen Similar Problems in The Trucking Industry

Our truck accident lawyers have seen similar corporate policy changes resulting in more truck accidents in the tractor-trailer industry. Many drivers are forced to violate Federal law regulating how many hours they can drive on a daily basis because their pay is based on the amount of miles driven. This practice has led to more significant tractor-trailer accidents caused by fatigued truck drivers.

References:

1. https://www.11alive.com/story/news/local/investigations/2015/10/26/why-concrete-trucks-rolling-over/74641322/
2. https://archive.11alive.com/assetpool/documents/151028095816_Decatur-15-001164.pdf

Posted in Car Accidents | No Comments »

Cumming, Georgia, is about 40 miles from Atlanta, but it seems like another world. Cumming has vast forests, beautiful lakes and streams, mountain views, and the beautiful scenery is a natural haven for wildlife. People go to this place if they want to camp, go on nature hikes, and enjoy picnics. In addition to these activities, our Cumming personal injury lawyer share with you a few more fun attractions in the area.

Sawnee Mountain Preserve

This 963-acre preserve has everything you could need in the great outdoors. You can see a clear view of the Blue Ridge Mountains in the distance. There are dense forests that are full of all kinds of plants and animals. The hiking trails are perfect for hikers of any level. There are easy trails that children can enjoy and more adventurous trails for the avid hiker. You are welcome to visit their website to find out what adventures are planned for the month you visit. This is a true natural treasure for anyone in the Forsyth County area.

The Cumming Fairgrounds

This is the site of the annual fair and festivals and the location of many exciting events, including car shows, mini-race tracks, and so much more. The large fairground pavilions also make this a popular site for concerts, family gatherings, and community activities. Their website has details about prices and events.

Lake Sidney Lanier

This is best in Cumming to enjoy fishing, boating, and water sports. A lake is an excellent place for families to relax on the shore or enjoy exciting activities on the water. If you are ready for fun in the sun, enjoy a good time on the lake.

Aquatic Center and Water Park

This is a new facility, and it promises to be a popular attraction that both residents and tourists can enjoy. The facility features Olympic swimming pools and a great outdoor water park (during the summer and spring). Swimming competitions often occur here, and this is the place to go for swimming lessons for adults and children and CPR classes, among many other opportunities.

Buford Trout Hatchery

Adults and children of all ages love this place. Buford Trout Hatchery provides 75,000 trout for Georgia lakes and rivers. There are professional tours, and the tour guides are always eager to answer questions about this educational and fascinating place. The tour includes allowing children and adults to get up close and personal by feeding the fish. This turns into a feeding frenzy, and the kids love it. You can also enjoy fishing (alone or as a family) in their well-stocked fishing ponds.

Parks

Enjoy playgrounds, picnic tables, swimming, boating, and planned activities at the area parks. Make sure you visit:

• Mary Alice Beach Park
  • This park has picnic areas, boat docks, and a great beach located on Lake Lanier. There are also trails and playgrounds.
• Fowler Park
  • Features a recreation center, two sports fields, a skate park, and playgrounds.
  • Offers hiking and a variety of events

Veterans War Memorial

This impressive memorial is a must-see. It is built to honor the men and women who fought for our country. This memorial is a monument for the veterans from Forsyth County. There are often ceremonies at the site for various holidays. See their website for more information.

Posted in Cumming | No Comments »

Anytime a large commercial truck crashes, our wrongful death attorneys know there is the potential for devastating damage and injuries. However, the risks of injury increase substantially if the truck is carrying toxic chemicals or substances.

Trucks that carry hazardous materials are referred to as HAZMAT trucks and it requires additional training and a special endorsement for truck drivers to operate these trucks. However, even with this additional training and qualifications, drivers can still make mistakes and the results can have widespread effects. In the event of an accident, an Atlanta truck accident lawyer can help.

Toxic Chemicals Released Into the Air

At the end of last year, two tractor-trailers crashed, one of which was carrying a variety of swimming pool cleaning supplies, including chlorine, oxidizers, and other substances that are corrosive. A fire started, releasing toxic chemicals into the air with the smoke. In addition, because of the nature of the chemicals, when emergency workers used water to put out the fire, even more chemicals were released into the air.

The following occurred as a result of this toxic crash:

• The highway was completely closed to allow for clean-up efforts
• People in nearby homes and businesses were first ordered to remain inside
• Authorities then ordered the evacuation of everyone in the affected region
• School buses were not permitted to pick up children in the area to take them to school

While there were no specific reports of serious injuries from the crash, others who are near toxic truck accidents are not so lucky. If a truck collides with a car and flammable toxins explode, all of the motorists can suffer severe burns or may not survive. If you have lost a loved one in a truck accident, contact a wrongful death attorney right away.

Who is Liable for Injuries or Wrongful Death?

As with any commercial truck accident, determining liability for a toxic truck crash can be challenging, as many parties may have contributed to the crash. Some parties that may be held liable include:

• Truck Drivers – For driver errors, such as distracted, impaired, or fatigued driving
• Trucking Companies – For negligent hiring, allowing unqualified drivers to operate HAZMAT trucks or other negligent practices
• Cargo Loaders – For not properly loading the chemicals or cargo, so the trailer was thrown off balance
• Manufacturers – For selling defective truck parts that caused a malfunction

After any type of commercial truck accident, you need a wrongful death attorney on your side who has the resources to handle these complex and often challenging cases with as little stress as possible on you. Please call the skilled wrongful death attorneys at Spaulding Injury Law at (770) 744-0890 to discuss your case today.

1. https://www.fmcsa.dot.gov/regulations/hazardous-materials
2. https://abcnews.go.com/US/authorities-warn-toxic-air-semi-crash-spills-hazardous/story?id=44183721

Posted in Truck Accidents | No Comments »

Accidents lead to numerous different types of injuries including herniated or ruptured spinal discs. Spinal discs are made of supple pads that fill in the gap between the bones in the spinal column or vertebrae. A slipped disc happens when the inner material of the spinal disc swells, causing pressure on the outer membrane and the spinal cord. If you have sustained this type of injury, contact our motorcycle accident attorneys today.

What is a Slipped Disc?

Various medical terms refer to the condition of a herniated or slipped disc[1], such as:

• rupture of the intervertebral disc
• disc protrusion
• posterior protrusions of the intervertebral disc
• displaced intervertebral cartilage
• herniation of the nucleus pulposus
• herniated intervertebral disc
• extrusion of intervertebral disc
• dislocation of the intervertebral disc
• inter vertebral disc injury
• rupture of the nucleus pulposus
• prolapsed disc
• protruded intervertebral disc
• enchondrosis of the intervertebral cartilage
• intervertebral disc syndrome

Shock Absorbers in the Spine

Spinal discs are positioned inside the vertebrae and are kept in position by the ligaments in the spinal cord. The bones and muscles of the spinal cord are connected with the ligaments. The discs work as shock absorbers and keep the vertebrae from rubbing against each other. What makes the spinal disc so flexible and shock absorbing is a small ball called nucleus pulposus located in the center of the disc.

How Spinal Discs React to Stress from an Atlanta Motorcycle Accident

If you suffer an injury in the spinal disc from a motorcycle accident, the soft underlying materials of the disc may swell. When this happens and the disc bulges, it can press on the nerves in the back and can cause excruciating back pain and pain in other parts of the body, including the buttocks, hips, groin, legs and feet. The pattern of pain is determined by which nerves are being pressed on in the spine by the bulging disc and at what level.

Our motorcycle accident attorneys find that most patients are first sent to physical therapy to help with the pain. Sometimes, the disc can go back into place or move into a position that does not cause pain in the back or down the legs. Sometimes, it can take up to 9 months or longer for the pain to improve. For others, the pain is excruciating and surgery is elected as the treatment option. Prior to having surgery your doctor may recommend that you have a series of steroid injections into your spine into the damaged area. Sometimes, the injections can help decrease the inflammation in the area and give pain relief.

Symptoms of a herniated disc include:

• Low back pain
• Muscle spasms
• Tingling (“pins and needles” sensation) or numbness in one leg
• Weakness in certain muscles in one or both legs
• Loss of bladder and/or bowel control

Georgia Medical Treatment for Slipped Disc

The medical treatment recommended for a slipped disc will depend on the severity and specific type of injury and may include:

• Cortisone Injections[2]
• Epidural Steroid Injections
• Facet Joint Nerve Block Injections
• Nerve Burning Procedure
• Discectomy
• Spinal Fusion
• Artificial disc replacement
• Foraminotomy
• Total Disc Replacement

Our motorcycle accident lawyers have seen many herniated discs go undiagnosed. So, it is critical that your treating doctor performs a thorough medical exam after a motorcycle accident. Your pain and symptoms might not indicate that you have a herniated disc. If you are taken to the emergency room from the scene of an Atlanta motorcycle accident, the emergency room physician might order an X-ray, CT-Scan or MRI. An MRI is best for diagnosing herniated discs. If the emergency room doctor informs you that you have suffered a herniated disc it is important that you follow his or her instructions. They will likely advise you to make an appointment with your primary care physician as soon as possible. In most cases your primary care doctor will then refer you to an orthopedic to outline a suitable course of treatment for your injuries.

Contact an Atlanta Motorcycle Accident Attorney

Why do you need a motorcycle accident lawyer? Back and disc injuries, such as herniated or bulging discs, can be life changing, affecting a victim’s career and daily life activities. If you or a loved one were injured in a motorcycle accident, it is important to speak to an Atlanta motorcycle accident attorney as soon as possible.

References

[1] https://www.healthline.com/health/herniated-disk
[2] https://www.mayoclinic.org/tests-procedures/cortisone-shots/basics/definition/prc-20014455

Posted in Motorcycle Accidents | No Comments »

In Georgia, most drivers view it as standard practice to call 911 to report any auto accident they have been involved in. Such a 911 call will result in a police officer responding to the scene to investigate the crash and an ambulance will usually be dispatched if any possible injuries are reported to the 911 operator.

However, questions that are often asked in seemingly minor crashes is whether you can file an insurance claim without having to call the police to the scene and how can a car accident attorney in Atlanta help.

Why is It Important to Call the Police After a Car Accident in Atlanta?

The only time you should even contemplate not calling the police is in the rare event that you do not believe the crash resulted in any injuries and damage to your vehicle appears to be less than $500, or you do not need to use your own auto insurance to cover any of your damages. However, we always recommend that everyone involved in a crash call the police, even if you do not believe you will file a car accident claim.

Why? Because having the police investigate the wreck and determine who was at fault gives you an independent and reliable third-party witness to who caused the accident. Without a report of this nature, you are left to explain how the accident occurred to the other driver’s insurance company on your own.

What if the other driver tells his or her insurance company a different story? The insurance company will almost always side with their insured. Then it becomes he said-she said situation.

In addition, the reason you do not want to call the police is not a good one either often times. We have seen many, many injury cases where the client felt fine at the scene of the crash only to learn days or weeks later that he or she was actually severely injured.

This is a very common occurrence because often the extent of injuries such as back/neck injuries or brain injuries, cannot be determined at the scene when shock and adrenaline are running high. You don’t want to be in a situation where you learn days or weeks later that you actually suffered significant injuries and you do not have a police report explaining how the auto accident occurred and who was at fault.

You always want to err on the side of caution and have the police investigate the wreck and determine who was at fault. This will make it easier to reach a car accident insurance claim settlement.

Are There Consequences for Not Calling the Police After an Auto Accident?

Georgia law requires that most car wrecks be reported to the police as found in O.C.G.A. § 40-6-273. This statute requires a person involved in a motor vehicle crash resulting in injury or death to any other person or damage to a vehicle to an apparent extent of $500 or more to report the crash to the local police by the quickest means of communication.

Failure to do so is punishable as a misdemeanor offense. Thus, in virtually all motor vehicle crashes, making a report to the police is mandatory.

How Failing to Call the Police Can Impact Your Injury Claim

If you do not know the identity of the other driver and are therefore having to make a claim on your own uninsured motorist insurance coverage, you must strictly comply with O.C.G.A. § 40-6-273 and report the crash to the police by the quickest means of communication. According to O.C.G.A. § 33-7-11(c), if you fail to report the crash to the police as quickly as possible, your insurance company can deny your claim for uninsured motorist coverage.

Even a relatively brief delay of 4 to 5 days has been held to be insufficient to comply with the requirements of O.C.G.A. § 40-6-273. It does not matter if you have a good excuse for the delay or if the delay does not seem entirely unreasonable under the circumstances, Georgia courts have strictly construed these statutes to require a report to the police by the quickest means of communication as a condition precedent to the insurance company’s duty to provide uninsured motorist coverage.

In other words, if you do not first comply with your duty to make a report to the police as soon as possible, the insurance company has no legal duty to provide coverage on your uninsured motorist claim no matter how many years you have faithfully paid premiums on your policy. Thus, it is critical if you are the victim of a hit-and-run type crash to immediately report it to the police or have someone report it for you if you are injured and unable to do so yourself.

A report to the police in the event of a hit and run crash is critical for another reason as well. Georgia law requires that in order for you to recover under your uninsured motorist coverage following a hit and run crash where the identity of the other driver is unknown you have to be able to demonstrate that there was actual physical contact between the other driver’s vehicle and yours unless you have an eyewitness to corroborate your story.

That means if another driver ran you off of the road or did something to cause you to crash without striking your vehicle and fled the scene of the crash, you may not be able to recover even under your own uninsured motorist coverage if you do not have a witness to corroborate your story. This is one reason why it always makes sense to call the police in the case of a hit and run because they can use their investigative training to attempt to document any slight physical contact between your vehicle and the other vehicle with physical evidence such as paint transfer.

They can also investigate and try to recreate the crash to determine if your version of events is supported by any other evidence such as skid marks, debris, traffic cameras or nearby surveillance cameras, other witnesses, or the damage to your vehicle. Perhaps most importantly, they can try to track down the other vehicle and driver so that you can make a claim on their insurance without having to utilize your own insurance coverage that may not be required to cover your claim.

Protect Yourself—always Call the Police After an Auto Accident in Atlanta

The bottom line is in truly rare instances it is possible to make a car accident injury claim without having a police report. But the better practice by far even in minor crashes is to call the police and have a report generated because you just never know what may happen down the road. Having a police report can make the insurance claim process for car accidents much easier. Do not feel guilty that the other driver may be given a traffic ticket. That decision is up to the police officer, and plenty of times the officer may decide not to issue a ticket if the damage is minor and the driver is cooperative.

In many other cases, if insurance takes care of all of the bills, a ticket may be dismissed once it gets to court. So you cannot worry about what may happen to the other driver if you call the police. Be more concerned about the problems we have touched on here that you may run into if you do not call the police to investigate and make a report about your crash.

Let Our Georgia car accident lawyer Answer Your Questions About the Auto Insurance Claim Process

Our Georgia car accident lawyers have drafted numerous articles and blog posts on various auto accident topics in an effort to provide information to consumers’ trying to get answers to basic questions after a wreck. Please feel free to review our car accident topics on our the Learning Center page of our website.

Also, if you cannot find the answer to your specific question on our site or you simply want to speak to an experienced lawyer about your situation, do not hesitate to give us a call. You can speak to one of our Atlanta personal injury attorneys for free.

Posted in Car Accidents | No Comments »