Safe driving is important for everyone on Atlanta’s roads. The three-second rule is a fundamental principle for maintaining road safety.

Understanding the three-second rule can help drivers navigate harsh weather conditions, including rain, fog, and snow. The rule provides a buffer of a few seconds to prevent a driver from being involved in an accident.

The Georgia Department of Motor Vehicles recommends in its driving manual that all drivers apply the three-second rule to determine a safe following distance and prevent rear-end collisions.

If you’ve sustained an injury in a car crash caused by someone else’s fault, consider speaking to a trusted Atlanta car accident lawyer from Spaulding Injury Law: Atlanta Personal Injury & Car Accident Lawyer.

Here’s what you need to know.

What Is the Three-Second Rule?

When driving behind another vehicle, give the front vehicle a three-second rule to give yourself time to react to emergencies like sudden braking.

Here’s how you can determine if you’re traveling at a safe distance of at least three seconds behind:

• Choose an object on the side of the road, like a signpost or a tree.
• Watch the car in front as they pass the object and begin counting
• Stop the count once you pass the same object

You adhere to the three-second rule if you count to at least three.

Applying the three-second rule means keeping a safe distance between you and the vehicle in front. However, this rule doesn’t apply to all driving conditions. The three-second rule is ideal for drivers maintaining speeds up to 30 mph.

If traveling faster than that, you may need to extend the duration to maintain a safe driving distance. Similarly, adverse weather conditions like rain or fog that affect visibility or grip require more time to maintain a safe driving distance.

Application of Three Second Rule in Different Scenarios

In Atlanta, where weather conditions can drastically vary, understanding the application of the three-second rule is a safety tip for every driver tip.

Here is the application of the three-second rule in different situations:

• Rural Roads: The three-second rule helps drivers stay alert for hazards such as wild animals, potholes, and merging vehicles.
• Dense Urban Traffic: In a congested urban area, maintaining the three-second rule is crucial in avoiding rear-end collisions in sudden stops.
• Bad Weather: The rule is precious in heavy rains and stormy weather. Wet roads increase stopping distance, making it necessary to increase the three-second rule to four or five seconds.

Can I Get Fined to Not Follow That Rule?

Georgia doesn’t enforce the three-second rule. Further, you can’t win a case by arguing that you followed it before a rear-end collision. Instead, the law requires drivers to keep a safe driving distance to avoid collisions.

However, according to GA Code 40-6-49 (2022), tailgating is illegal in Georgia. The rule states that a motor vehicle shall not follow another vehicle more closely than what is reasonable and prudent with regard to the speed of such vehicles, the condition of the highway, and the traffic upon.

As a result, if you fail to follow the three-second rule, you may receive a traffic violation from a law enforcement officer for following too closely.

Alternatively, you may receive a fine for aggressive driving. Aggressive driving refers to unsafe, selfish, and risky driving that shows deliberate disregard for the safety of other drivers.

Aggressive driving habits include tailgating, flashing headlights, cutting off other drivers at close range, speeding, and inappropriate use of horns.

Any person convicted of an aggressive driving action is guilty of a misdemeanor of a high and aggravated nature, punishable by a fine of up to $5,000 or a jail term of up to 12 months.

What Would Happen in Case of a Crash?

If involved in an accident, the most important thing is to ensure your safety and the safety of others. For instance, you can move yourself and the vehicle to the side of the road if it’s safe. If someone has sustained an injury, contact 911. You should also inform the local police department about the accident.

Here are additional steps to take to protect your right to compensation:

• Gather relevant information about the accident, including the names and contact details of passengers and eyewitnesses and the driver’s license and plate number of other drivers involved.
• Get medical attention if you’ve sustained an injury
• Notify your insurance provider about the crash
• Have an experienced Atlanta car accident attorney evaluate your claim
• Consider suing the at-fault driver for injury-related losses

What Other Safety Tips Should I Follow?

In most cases, you’ll be liable if you cause a rear-end collision with a car or a truck in front of you. The burden is on the rear driver to demonstrate they gave the front driver a reasonable following distance. That’s why it’s important to recognize what the three-second rule helps drivers to establish.

Here are a few tips to minimize car crashes:

• Don’t drive while distracted. Avoid distracted driving habits like eating and drinking while driving, texting, reading an email, or grooming that takes your concentration away from the road.
• Do not speed. While you may be maintaining the three-second rule, speeding reduces the braking distance and reaction time required to avoid a road hazard.
• Pay attention to your surroundings. First, adjust your speed for rainy conditions. In addition, do not respond if another driver follows you too closely.
• Ensure your headlights are properly aligned for maximum visibility while driving at night.
• Regularly monitor the performance and condition of brakes and tires to avoid collisions during inclement weather conditions.
• Do not drink and drive.
• Do not drive in a bad mood.
• Take breaks while driving for long distances.

Get Legal Advice from an Experienced Car Accident Attorney in Atlanta, GA

A car accident can turn your life upside down, and you might deserve compensation for injury-related losses, including medical expenses, lost income, and pain and suffering. A car accident attorney can protect your interest in an insurance claim or litigate for a fair settlement value in court.

Spaulding Injury Law is an experienced car accident law firm with a proven track record, which gives us an advantage in protecting you. Contact us online or at (770) 744-0890 for a free case consultation.

Posted in Car Accidents | Comments Off on What the Three-second Rule Helps Drivers to Establish?

A catastrophic injury is considered severe, disabling physical harm with long-term and potentially permanent effects on the victim’s life. Victims of severe car accidents sometimes sustain devastating injuries.

The extent of a catastrophic injury is so severe that a victim may be unable to recover. In addition to lifetime disabilities, a catastrophic injury is an added stress to their loved ones, who may be forced to provide them with financial, emotional, and physical care.

That said, victims who sustain catastrophic injuries in an accident caused by someone else’s fault deserve compensation.

Consult a trusted Atlanta personal injury lawyer from Spaulding Injury Law: Atlanta Personal Injury & Car Accident Lawyer for legal help obtaining your rightful compensation and out find more about what is considered a catastrophic injury.

What Are Types of Catastrophic Injuries?

An injury is considered catastrophic if it causes long-lasting and permanent damage to cognitive functions that alter a victim’s ability to lead a normal life.

Here are the common types of catastrophic injuries:

Traumatic Brain Injury

A traumatic brain injury occurs because of a violent blow or jolt to the head or upper body. If an object goes through the brain tissue, e.g. a piece of metal or a shattered skull, it can also cause a traumatic brain injury.

Common complications of traumatic brain injury include:

• Brain death
• Seizures
• Infections
• Intellectual problems
• Communication problems
• Behavioral problems

Spinal Cord Injury

A spinal cord injury involves damage to any part of the spinal cord and causes permanent changes in strength, feeling, and other body functions below the injury site.

Common complications of spinal cord injuries include:

• Loss of bladder control
• Loss of bowel control
• Respiratory system issues
• A worsened sexual health
• Depression

Severe Burns

A third-degree burn damages all layers of the skin, including the fatty tissue. Features of third-degree burns include leathery skin, dry skin, skin discoloration, and swelling. Common causes of third-degree burns include radiation, electricity, and hot objects.

Victims who sustain third-degree burns are at risk of infections, blood loss, and tetanus. Severe burns also carry the risk of hypothermia and hypovolemia.

Neck Injury

A herniated disc is a severe neck injury that occurs when a spinal disc becomes torn, with the soft jelly leaking or bulging out of the disc. Other victims suffer fractured cervical spine, a catastrophic injury that requires immediate medical attention.

Common Causes of Catastrophic Injuries

Vehicle-Related Collisions

Collisions involving cars, trucks, motorcycles, and cyclists are common causes of catastrophic injuries. Because of their substantial size and increased weight, truck accidents result in severe injuries, including traumatic brain injuries.

Slips and Falls

Slip and fall accidents often result in severe injuries that affect the victim’s ability to work. For instance, you can sustain a spinal cord injury after a nasty slip-and-fall accident. Fortunately, you can claim compensation for injury-related losses, including medical expenses from the at-fault party.

Accidents in Construction Sites

Construction workers face a risk of severe injuries and deaths due to electrical accidents at construction sites. For instance, a construction worker can sustain a severe burn after contact with a live power line.

Construction workers are also at risk of catastrophic injuries because of caught-in-between hazards. For instance, a hand is crushed between two machines or a leg of a construction worker caught under heavy machinery that has tipped over.

Get in Touch With an Experienced Atlanta Personal Injury Attorney to Discover Your Options

Suppose you sustained a catastrophic injury in a car accident. In that case, you may endure serious losses, including medical expenses, lost income, pain and suffering, and loss of enjoyment of life.

An experienced attorney from Spaulding Injury Law: Atlanta Personal Injury & Car Accident Lawyer can protect your rights as an injured victim. Contact us online or at (770) 744-0890 for a free case consultation.

Posted in Back Injuries, Personal Injury | Comments Off on What Is Considered a Catastrophic Injury?

If you’re involved in a car accident, the physical and psychological impact of the incident may not be immediately apparent. If the events leading to the accident were traumatic, it is possible to go into shock.

Delayed shock is a common medical condition that injured victims suffer. You may experience shock symptoms hours or days later after a traumatic car accident. Immediately after a car accident, the body produces adrenaline, which activates fight and flight response.

The adrenaline release can mask the shock and symptoms of internal injuries that car accident victims suffer.

Never wait to speak with a trusted Atlanta car accident attorney if you sustained an injury in a vehicle crash and someone else was to blame.

Understanding Shock Symptoms

Understanding the common delayed shock symptoms after an accident is never easy. A sudden drop in blood pressure after a car accident can trigger shock after a car accident. The sudden drop in blood flow may occur due to the sudden impact in a car accident or excessive bleeding associated with an injury.

Car accident victims suffer shock because vital organs lack sufficient blood or oxygen, meaning they can’t function properly. For instance, a broken bone or a deep cut can cause excessive loss of blood.

It is also possible to go into shock after a car accident due to an internal injury that’s not always apparent after a car accident. If you sustain a severe internal injury without immediate signs, you may endure delayed shock symptoms as the day goes on.

Top Common Delayed Shock Symptoms After Car Accident

Shock is a life-threatening condition in which the body lacks enough blood flow. Insufficient blood flow means cells and organs lack enough nutrients and oxygen to function properly, and some vital organs may suffer damage as a result.

Shock victims require emergency medical attention because the condition can worsen rapidly.

A person with shock has inadequate blood pressure. Based on the cause and the type of shock, victims can display one or more of these signs:

• Confusion
• Chest pain
• Agitation, anxiety, or restlessness
• Lightheadedness or dizziness
• Shallow breathing
• Bluish fingernails or lips
• Moist skin or profuse sweating
• Rapid but weak pulse
• No or low urine output
• Being unconscious
• Nausea
• Irregular heartbeat
• Low blood sugar
• Clammy or cool skin
• Dilated pupils
• Dry or thirsty mouth

Types of Shock Symptoms

There are four significant types of shock, each caused by several different events.

Distributive Shock

The impact of a car accident that causes blood vessels to lose their tone can trigger distributive shock. When blood vessels lose their tone, they become open and floppy, hindering the blood supply to organs.

Distributive shock triggers various symptoms, including low blood pressure, flushing, and loss of consciousness. After a car accident, victims are likely to suffer neurogenic shock caused by damage to the central nervous system, mainly by a spinal cord injury.

Brain injuries can also lead to distributive shock.

Hypovolemic Shock

Hypovolemic shock occurs when there isn’t enough blood in the vessels to carry blood to the organs. It mainly occurs after a severe blood loss caused by an injury. Blood transports vital nutrients and oxygen into organs, so a lack of supply affects normal functioning.

Severe dehydration can also cause hypovolemic shock.

Obstructive Shock

Obstructive shock occurs when blood doesn’t reach its intended destination. A car accident can trigger conditions that cause a buildup of air or fluid in the chest cavity, triggering obstructive shock.

These conditions include:

• Pneumothorax (Collapsed lung)
• Cardiac tamponade (Fluids or blood fill the space between the sac of the heart and the heart muscle)
• Hemothorax (Blood collects in the space between the chest wall and lungs)

Cardiogenic Shock

A car accident can cause damage to your heart, causing a decrease in blood flow to your body, leading to cardiogenic shock.

Common causes of cardiogenic shock include:

• Irregular heart rhythm
• Sluggish heart rhythm
• Damage to your heart muscle

Compensation Damages After a Car Accident

Injured victims in car accidents can obtain compensation by filing a claim against the at-fault party’s insurer or by hiring a car accident attorney to help them file a lawsuit against the liable party.

You can obtain economic and non-economic damages depending on the circumstances and facts of your case.

Economic Damages

Economic damages aim to compensate the injured victim for the financial losses related to the accident, including future anticipated losses.

Here’s a list of economic damages you can obtain after a car accident:

• Medical Expenses: A car accident victim must undertake a treatment plan to recover from the effects of an injury. Examples of medical expenses you can recover include emergency room costs, medication, hospitalization, and diagnostic tests.
• Lost Income: You’re entitled to reimbursement of past and future wages lost due to the injury. If you can work, but the injury results in reduced income, you’re entitled to compensation for the difference.
• Out-of-pocket expenses: You may incur other costs related to the accident or injury that should be included in economic damages. Examples include assistance with household chores, long-term nursing care, and travel expenses to and from medical appointments.

Non-economic Damages

Non-economic damages compensate you for the intangible losses that occur because of the injury. There are many types of non-economic damages you could obtain depending on your situation, including:

• Pain and suffering
• Emotional distress
• Loss of consortium/companionship
• Loss of enjoyment of life
• Permanent disability or disfigurement

It is always difficult to put a dollar value on the non-economic losses you experienced as a result of a car accident. However, an attorney can use different methods, including the multiplier and the per diem methods, to estimate the value of non-economic damages.

Get Legal Assistance From an Experienced Atlanta Car Accident Attorney

Car accident injuries can result in many types of serious injuries and conditions, physical and mental. You need compensation for injury-related losses, including medical bills, lost income, and pain and suffering.

Spaulding Injury Law is a team of dedicated attorneys with decades of experience representing injured victims. Contact us online or at (770) 744-0890 for a free case consultation.

Posted in Car Accidents | Comments Off on Common Delayed Shock Symptoms After Accident in Georgia

Georgia is an at-fault state, meaning drivers must pay for accident-related losses that happen due to their negligence. While you may be entitled to compensation after an accident when someone else was to blame, liability can be more complicated than you might imagine.

An injured victim must demonstrate the fault of the liable party. It could be a driver operating under the influence, a truck driver who failed to yield to the right of way, or an SUV driver who ran red lights.

However, a vital exception could exist if the at-fault party uses the sudden emergency doctrine as a defense against liability. The defendant may use sudden emergency doctrine to reduce their liability because of an emergency or unavoidable event not caused by their wrongdoing.

A trusted Atlanta car accident attorney from Spaulding Injury Law can offer legal advice on navigating the sudden emergency doctrine and proving liability for your losses when this issue arises.

What Is the Sudden Emergency Doctrine?

All drivers have a legal duty to drive carefully to avoid causing accidents that could cause injuries or damage to other road users. The duty of care includes responding prudently to unexpected debris on the roadway.

However, there may be no time to respond prudently when an emergency occurs. The at-fault in a car accident may use the sudden emergency doctrine to avoid bearing responsibility for accident-related causes.

With the sudden emergency doctrine, the at-fault party is held to a different standard than others. Even so, there are many gray areas regarding when an at-fault can apply the emergency doctrine as a defense strategy.

The law allows the defendant to use emergency doctrine if certain conditions apply, including:

• The presence of a verifiable emergency
• The defendant did not create an emergency
• The defendant had to choose from multiple causes of action
• A reasonable driver faced with a similar situation would have taken the same course of action

How to Claim a Sudden Emergency Defense?

When determining the validity of sudden emergency doctrine, the court or a jury must be satisfied with the following elements:

Unexpected Occurrence

The event leading to the accident must have been genuinely unexpected for the emergency doctrine to apply. This means the person claiming the sudden emergency defense could not foresee or anticipate the events leading to the accident.

An ideal example is a driver who crashed their vehicle after suffering a sudden heart attack while driving.

Imminent Danger

The defendant must base their argument for the sudden emergency doctrine on an imminent danger event. The imminent danger element requires that the sudden emergency presents a clear and impending danger to the person claiming defense or others.

For example, if a driver suddenly notices an open sewer hole and swerves to avoid hitting it, they may be considered to have faced an imminent danger.

Immediate Reaction Required

Another requirement for claiming the sudden emergency doctrine is an immediate reaction. For the doctrine to apply, the person claiming the defense must have made an immediate reaction.

A scenario of immediate requirement may involve a driver who notices another car driving towards them in the wrong direction and swerves to avoid a head-on collision.

Little to No Time for Consideration

The driver claiming sudden emergency doctrine should be faced with little to no time for consideration. As a result, the defendant party had a limited time frame to make a calculated move to avoid a collision.

An ideal example is a driver who notices a loose tire headed towards them and swerves to avoid being hit on the windscreen.

Consideration of How a Reasonably Prudent Person Would React

This element requires a person faced with a sudden emergency to react how a reasonably prudent person would react under similar circumstances.

Suppose a driver slammed their emergency brakes to avoid hitting a child who suddenly crossed the road. Given the circumstances, the driver’s response is considered reasonable and appropriate.

No a Consequence of a Driver’s Negligence

A response to an alleged sudden event should not be a response to the defendant’s acts of negligence. Someone claiming the sudden emergency doctrine should not only do so because of something beyond their control.

For example, if a driver loses control of their vehicle due to overspeeding, they cannot use the sudden emergency doctrine to avoid liability in the resulting accident. Similarly, if a driver falls asleep and causes an accident, they cannot use the sudden emergency doctrine.

Do Medical Emergencies Apply?

A defendant can use the sudden emergency doctrine in a medical emergency. Suppose a driver caused a side-impact collision after suffering a sudden heart attack. In that case, the sudden emergency doctrine may apply because the defendant lost consciousness.

If a defendant is to use the sudden emergency doctrine, they must prove the following:

• The driver lost consciousness before the accident  occurred
• The driver lost control of the vehicle as a result of being unconscious
• The loss of consciousness was a result of an unforeseeable medical emergency

Usually, the burden of proof lies on the person who uses medical emergency in the sudden emergency doctrine.

The word ‘foreseeability’ comes into play when the defendant of a car accident applies the sudden emergency doctrine due to a medical emergency.

Suppose a driver experienced the symptoms of a severe medical condition before a crash. In that case, it may have been foreseeable that an emergency could occur while driving. The same principle applies to a person with the knowledge of a medical condition, such as seizures.

If foreseeability applies to your case, the sudden emergency doctrine may not apply to the accident.

The ability to disprove medical emergency in the sudden emergency doctrine will put you in a better position to claim compensation for your damages.

Here are a few strategies that can apply:

• The defendant’s medical records show pre-existing medical records
• The blood test results taken after a car accident can reveal if the defendant took medication as prescribed by a doctor.
• Testimonies of people who know the defendant, particularly those who can speak of a past medical emergency

Who’s Liable if there’s a Car Accident?

Establishing fault in a car accident is the first step you should make while pursuing compensation for your damages. With clarity on the liable party, you can prove you should be compensated for injuries and damages caused by the other driver.

Liability means the other driver is at fault and should pay for the losses.

Here’s who can be at fault for a car accident.

Besides the driver, various parties can be held liable for injury-related losses, including:

• Vehicle Owner: The owner of a car could be liable for accident-related losses if they entrust their vehicle to an irresponsible person, leading to a crash.
• Government Agency: Federal, state, or local agencies in Atlanta may be liable for a car accident if they fail to maintain specific roads leading to the crash.
• Automaker or Third-Party Parts Manufacturer: A vehicle or third-party parts manufacturer if it is determined that a vehicle defect caused the accident.
• Driver’s Employer: The business owner or employer could bear responsibility for an accident caused by an employee while driving a company vehicle.

When determining fault in an accident, the strength of your claim heavily relies on the evidence presented. The type of evidence you should compile to establish negligence on the other party includes:

• Medical documentation, including medical bills and reports from healthcare professionals
• Images of the scene of an accident
• Police report
• Traffic camera footage
• Vehicle black box
• Expert opinions from accident reconstruction experts
• Witness statements

Georgia Is a Modified Comparative State

Sometimes, the fault of an accident can be apportioned between the defendant and the injured victim, a concept called comparative negligence.

Georgia, being a modified comparative state, means you can recover from your injuries from the responsible party or parties even if you’re partially at fault as long as your fault doesn’t exceed the other party’s.

If a jury determines you were 30% at fault, you can collect compensation equal to 70% of your damages.

Get in Touch With an Experienced Atlanta Car Accident Attorney

Suppose you sustained a back injury in a car accident involving a driver who ran the red lights. In that case, you deserve compensation for accident-related losses, including medical expenses and lost income.

While the liable party may defend their action, an experienced attorney can defend your right to compensation.

Spaulding Injury Law is a car accident law firm with decades of experience representing injured victims.

Contact us online or at (770) 744-0890 for a free case consultation.

Posted in Car Accidents, Georgia, Premises Liability | Comments Off on What Is Sudden Emergency Doctrine?

Truck accidents are near everyday occurrences, which leaves many wondering if or when they need to hire an Atlanta truck accident attorney. What if your injuries weren’t serious? What if the insurance company is sympathetic and says they will handle everything for you? What if the at-fault party accepts responsibility? The fact of the matter is that it’s always in your best interest to contact an experienced truck accident attorney if you’ve been in any type of motor vehicle crash.

No matter how minor it might seem or if you believe the insurance company has it under control, it’s better to find out directly from an attorney if you need legal representation than to assume that you don’t. If you fail to contact an attorney, your rights could be taken away without you even knowing it. After suffering injuries or damages in a truck accident, insurance companies and other parties might try to take advantage of you, and you may not receive the financial compensation you deserve. Read on to find out when to consult an Atlanta Lawyer for a truck accident.

When Should You Contact an Atlanta Truck Accident Attorney?

As soon as possible after being involved in a motor vehicle accident, you should reach out to a seasoned truck accident attorney. However, your priority should always be your health and well-being, so make sure you see a doctor first. Once you are medically stable, your next job is to meet with a lawyer.

The lawyer can review the specific facts of your accident to determine if you have a legal claim and what your next steps should be. Most attorneys offer free initial consultations, so you have nothing to lose. If the attorney doesn’t think you have a valid case or doesn’t think they can help you, they will let you know, and typically, you will owe them nothing for their time and advice.

Contacting an Atlanta attorney sooner rather than later is beneficial for many reasons, including the following:

The Statute of Limitations

All states have a deadline, known as the statute of limitations, for filing personal injury cases. In Georgia, this deadline is two years, beginning on the day of the accident or when the injuries were discovered. Suppose you don’t file your legal case within the deadline. In that case, you forfeit your right to use the civil legal system to pursue compensation for your injuries and damages.

Sometimes, the deadline can vary— for example, if a minor child is injured or the at-fault party leaves the state. An experienced truck accident attorney will know what statute of limitations applies to your case and can work to ensure that it is filed with the appropriate court within the statute of limitations.

Know the Value of Your Case

By contacting an attorney as soon as possible, you can get a pretty good idea of your claim’s value right away. Why does this matter? Because some insurance adjusters like to call claimants right away to get them to accept a settlement. This might sound like a nice gesture, and like it would be a relief to get a settlement right away. However, chances are high that the settlement they offer is much lower than the claim’s actual value. You should never accept a settlement offer without first speaking to an attorney who can tell you what your case is likely worth. It is usually worth it to wait a few or several months to receive compensation that better matches your damages. If you are having difficulty paying your medical bills during that time, speak to your attorney. They may be able to arrange a medical lien. With such a lien, your medical providers agree to wait for payment until you receive a settlement check or a court award.

Protecting Your Case

Unfortunately, what you don’t know can hurt you when it comes to truck accident cases. If you speak with the insurance company without first meeting with an attorney or having your attorney present, it’s entirely possible that you will do or say something detrimental to your case without even knowing it. For example:

• If the insurance adjuster calls you and asks how you are, replying with “fine” or “good” can imply that your injuries aren’t bothering you and that you are fully healed.
• The insurance adjuster may ask you leading questions, such as, “You didn’t see the other truck coming, did you?”
• The insurance adjuster might try to twist something that you say

No matter how innocent your response, what you say can potentially have a negative impact on your claim. When you hire an Atlanta truck accident attorney, they can take over communications with the insurance company. If the insurance company must speak with you, your attorney will be there to protect your rights.

For all of these reasons and many more, it’s in your best interest to contact a seasoned truck accident attorney as soon as possible after your involvement in a crash.

Contingency Fees

Some accident victims don’t call an attorney because they believe they can’t afford one. However, most personal injury attorneys provide free, no-obligation initial consultations and work on contingency fees alone. With a contingency fee arrangement, the injured individual pays nothing upfront. If and when their attorney settles their case or they receive a court award, the attorney is paid a predetermined percentage of the funds. You owe nothing upfront and nothing out of pocket.

In fact, even with paying for an attorney, most accident victims who have legal representation end up pocketing a higher settlement or court award than they would have if they represented themselves. Hiring an attorney is an excellent way to ensure that you maximize your claim and an investment into your claim that costs you nothing upfront.

What if Your Truck Accident Was Minor?

Even if your truck accident and injuries were minor, it’s still a good idea to check in with an attorney about your case. Let them decide if you have a case worth pursuing or not. It’s better for them to tell you that you don’t have a case than to have a case and leave money you are entitled to receive on the table and walk away, so to speak. The professional legal opinion of a well-versed attorney is invaluable after any motor vehicle crash.

How Do You Know If You Need a Truck Accident Attorney?

While you always want to discuss your accident with an attorney, there are some instances in which it’s quite evident that you should have legal representation.

You Are Not Sure Where to Start

A truck accident case can be very overwhelming, with lots of moving parts. If you simply aren’t sure where to start or how to begin building your case and crafting a legal strategy, reach out to a trusted and experienced Atlanta truck accident lawyer at our firm. They can help you through each step of the process and will know how to protect your legal rights. With an attorney on your side, you don’t need to know where to start, how it all ends, or any of the steps in between. That is what your attorney is for. They will evaluate and investigate your truck accident to identify who was at fault and what financial compensation could be available to you—typically through insurance policies covering the at-fault party or parties.

You Sustained Severe or Catastrophic Injuries

If your injuries were severe or catastrophic, there is no doubt that you will want an attorney on your side. These types of injuries mean you likely have many high-value damages for which you deserve compensation. You might require extensive and ongoing medical care, possibly for the rest of your life. You may be unable to return to work and need constant care.

Be sure to hire an attorney who has financial experts, such as actuarial accountants, who can rely on the resources to determine how much your injuries might cost you in the future if you can’t return to work or need medical or other care for the rest of your life. These types of injuries include:

• Traumatic brain injuries (TBI)
• Spinal cord injuries (SCI)
• Loss of a limb

Suppose you suffer these types of injuries and don’t receive the compensation you are entitled to receive. In that case, it could have severe, lasting implications on your finances and medical care. Therefore, hiring a seasoned Atlanta truck accident lawyer is imperative to maximizing your compensation.

Your Injuries Prevent You from Working

Many truck accident injuries will keep you from working for a certain amount of time. Other injuries can prevent you from ever working in the same capacity as you were before the accident. If your truck accident injuries have impacted your work life, contact a seasoned Atlanta truck accident lawyer as soon as possible. They will know how to calculate what you deserve based on your injuries and how they will affect your ability to work both now and in the future.

There are Multiple At-Fault Parties

If multiple parties potentially caused your crash, you should have an Atlanta truck accident lawyer on your side. Unfortunately, sometimes accident victims don’t even realize if multiple parties could be at fault without seeking the counsel of an attorney. This is another reason why it’s best to meet with an attorney after any accident. There’s a lot you may not know or realize that can significantly impact your claim.

Parties that might have a fault in causing your accident include:

• Other drivers
• Employers of other drivers, such as the trucking company
• Owners of the vehicles involved (if the driver isn’t the owner)
• Vehicle or parts manufacturers
• Municipalities in charge of roads, road conditions, road design, or signs/lights
• Cargo Loaders

When you hire an experienced Atlanta truck accident lawyer, they will perform a thorough investigation into your accident, possibly using an accident reconstructionist if necessary. Not only will this help determine how your accident happened, but it can also help pinpoint who is responsible. If multiple parties are responsible, your compensation could be even more.

A seasoned attorney knows how to maximize compensation when various parties are at fault. In accidents involving potentially numerous at-fault parties, it’s common for each one to point fingers and blame the others. This can cause your case to drag out longer than necessary. Having legal representation can help prevent this.

There are Multiple Injured Parties

In addition, you also need an attorney if your accident involves multiple injured individuals, whether in your vehicle, another vehicle, or across multiple vehicles. What you may not realize is that insurance policies only cover up to a certain dollar amount. The more injured people that need to draw from that amount, the less compensation you stand to get.

Once again, this is something you likely won’t know on your own, so having an attorney assess your case can be extremely helpful. Your lawyer can put together a compelling argument, showing how much compensation you deserve for your injuries and why. Suppose you don’t have someone on your side who can fight for your rights. In that case, you may end up getting nothing or very little for your injuries, while other victims who have attorneys get what they deserve or even more. With a skilled Atlanta truck accident lawyer on your side, you can help level the playing field and ensure you get what is rightfully yours.

Liability for the Accident is Unclear

Unfortunately, not all accidents have a clear liability party. There are many nuances when it comes to fault, and the insurance company for the responsible party will likely attempt to shift at least some, if not all, of the blame on you. You need a strong advocate who is willing to investigate your accident to show how you can’t possibly be responsible for your own damages and that other parties should be held accountable for them.

Even in cases where another party is clearly liable for your injuries, it’s likely that their insurance company will attempt to blame you or take other actions to try to devalue or deny your claim. With a knowledgeable Atlanta truck accident attorney by your side, they won’t be able to take advantage of you.

You Feel the Insurance Company Is Treating You Unfairly

Perhaps you have already tried to manage your claim on your own and aren’t getting very far. Maybe they have offered you a settlement that you aren’t sure about, are delaying the processing of your claim, or are trying to blame you for the accident. You have the right to enlist the help of an attorney at any point during your claim.

While it’s ideal to hire one from the start, if you don’t, you should know that unless you’ve already received a settlement, it’s never too late to get an attorney on board who can help make your claim more successful. Often, once an insurance company realizes that you have legal representation, they understand that you take your claim seriously and will pursue full and fair compensation. They know that they can’t get away with many of their tactics when the claimant has attorney representation.

You Lost a Loved One in the Accident

If you lost a loved one in the truck accident, you may be eligible to receive compensation under a wrongful death claim. This applies whether you were personally involved in the accident or not.

However, while similar, these types of claims are often more complex than typical personal injury or truck accident injury claims. As such, they require the in-depth skills of an Atlanta truck accident attorney. An attorney can tell you if your case is eligible for a wrongful death claim, who can file the claim, what the statute of limitations is for the claim, and how much the claim might be worth. Without the skills and knowledge of an experienced truck accident attorney, it can be impossible to manage and win a wrongful death claim successfully.

You Don’t Have the Time, Resources, or Knowledge to Manage Your Claim

Handling a truck accident claim might seem simple at first. However, it can require a variety of resources, several hours a day, and extensive legal and insurance knowledge to successfully manage a claim. All of this can quickly become overwhelming for someone who has recently sustained severe injuries in an accident and remain overwhelming for someone trying to return to work after healing from their injuries.

While your attorney will need some help and cooperation from you in gathering details, fact-finding, and obtaining medical and other records, you can focus on healing and getting back to your everyday life as much as possible when you hire one to manage your case. Your attorney will handle communications with the insurance companies, investigating your accident, settlement negotiation, and many other aspects of your claim. This allows you to focus on getting your life back together.

Were You Involved in a Truck Accident? Call an Experienced Truck Accident Attorney Today

Being involved in a truck accident can have severe implications for your life for years to come. If this happens to you, don’t hesitate to reach out to an experienced Atlanta truck accident attorney at Spaulding Injury Law for help right away. It’s best to protect your legal interests right from the start.

Posted in Atlanta, Truck Accidents | Comments Off on When to Consult an Atlanta Lawyer for a Truck Accident?

Truck accidents are often chaotic and overwhelming, leaving injured parties and their families to deal with the fallout—including physical injuries, emotional trauma, and financial burdens. Considering all of this, it becomes necessary to have a skilled Atlanta truck accident lawyer by your side to guide you through the legal process and fight for your rights.

If you or a loved one has been involved in a truck accident in Atlanta, the assistance of an Atlanta truck accident lawyer is invaluable. At Spaulding Injury Law, our team of dedicated attorneys has extensive experience in handling truck accident cases and is committed to providing top-notch legal representation to our clients. Our Atlanta truck accident attorneys can help in many ways so that you can heal from your injuries while still obtaining the compensation you deserve for them.

Gathering Pertinent Evidence and Facts for Your Case

A strong case begins with gathering relevant evidence and facts. A skilled truck accident lawyer in Atlanta will work tirelessly to collect all the necessary evidence to support your claim. This includes obtaining cell phone records, surveillance camera footage, driving records, the truck’s black box and maintenance logs, sworn witness statements, medical bills and records, and wage loss statements.

By carefully gathering this evidence, your Atlanta truck accident lawyer can establish a clear picture of what happened during the accident and who is at fault. This evidence will play a crucial role in negotiating a fair settlement or establishing a solid case in court.

Connecting Your Injuries to the Truck Accident

A successful personal injury claim is one that can connect the injured party’s injuries to their involvement in the accident. If this can’t be established, the injured party won’t receive the compensation they deserve. An experienced Atlanta truck accident attorney knows how to show the insurance company or the court how your injuries are connected to the accident and will work tirelessly to do so.

Keeping All Necessary Paperwork and Documents

Truck accident claims typically involve extensive paperwork and documentation. From insurance forms to medical records, it can be challenging to obtain everything, keep track of everything, and organize it all, especially when you’re recovering from injuries. A truck accident lawyer in Atlanta will handle all the necessary paperwork and ensure that nothing falls through the cracks.

By entrusting your case to an experienced lawyer, you can focus on your recovery while having peace of mind that all the essential documents related to your case are correctly filed, organized, and ready to support your claim when needed.

Communicating with Insurance Companies on Your Behalf

Dealing with insurance companies and claims adjusters after a truck accident can be a frustrating and time-consuming process. Insurance adjusters may try to downplay your injuries or push for a quick settlement that doesn’t adequately compensate you for your injuries. Having an Atlanta truck accident lawyer representing you means you won’t have to engage in these stressful conversations.

Rather, your lawyer will handle all communication with the insurance company on your behalf. They will ensure that your rights are protected and your claim is valued accurately. By relying on the skills of an attorney, you boost your chances of receiving a fair settlement.

Investigating How Your Accident Happened and Who Is Responsible

Understanding the cause of a truck accident and determining liability requires a thorough and extensive investigation. Such an investigation can take months and require many resources. A skilled Atlanta truck accident lawyer will conduct a comprehensive investigation to uncover the facts surrounding your accident.

One of the primary roles of a truck accident lawyer is to conduct a thorough investigation of the accident scene. This involves visiting the site of the accident as soon as possible, gathering evidence, and documenting crucial details that can help establish liability.

Through accident reconstruction, examining police reports, and consulting with experts, your lawyer will piece together the sequence of events that led to the accident. Identifying who is responsible is crucial for holding the negligent party accountable and seeking the compensation you deserve.

Researching Insurance Policies that Cover Your Injuries

Truck accidents often involve multiple parties, each with their insurance policies. Understanding the ins and outs of these policies is no easy task. However, a truck accident lawyer has the knowledge and experience to sift through various insurance coverages and determine which policies might apply to your injuries and benefit your case.

By thoroughly researching these policies, your lawyer can ensure that every possible avenue for compensation is explored, maximizing your chances of recovering adequate damages.

Determining the Value of Your Claim

Calculating the value of your truck accident claim is a complex process. It requires considering various factors, such as medical expenses, property damage, lost wages, pain and suffering, and long-term damages. A truck accident lawyer in Atlanta will carefully evaluate all the aspects of your case to determine the actual value of your claim.

Insurance companies usually try to undervalue truck accident claims, only offering settlements that fall short of what you deserve. Having a skilled lawyer on your side ensures that your claim is accurately assessed and you receive fair compensation for your injuries and losses.

Ensuring all Legal Deadlines are Met

Legal proceedings have strict deadlines that must be met to preserve your rights. Failing to adhere to these deadlines can result in the dismissal of your case. An Atlanta truck accident lawyer will ensure that all necessary legal deadlines are met, from filing the initial claim to pursuing litigation if necessary.

By entrusting your case to a lawyer, you can rest assured that your claim is in competent hands and all necessary steps are taken in a timely manner.

Negotiating a Full and Fair Settlement

One of the primary roles of a truck accident lawyer is to negotiate a fair settlement with the at-fault party or their insurance company. Negotiating on your own can be daunting and may lead to accepting a settlement that doesn’t adequately compensate you for your injuries. You may feel pressured into doing something you don’t want to or don’t understand. It’s best to protect yourself with legal representation.

Your truck accident lawyer will leverage their negotiation skills and experience in handling truck accident cases to fight for a full and fair settlement on your behalf. They will consider all the damages you incurred and hold the responsible party accountable for their actions.

Representing You in Court if a Lawsuit Becomes Necessary

While most truck accident claims are resolved through negotiations, there are cases where a lawsuit becomes necessary. If a fair settlement cannot be reached, your truck accident lawyer in Atlanta will be prepared to take your case to court. They will know when it is time to file a lawsuit and how to do that on your behalf.

By representing you in court, your lawyer will advocate for your rights and present a compelling case to the judge and jury. Having a skilled litigator by your side ensures that your voice is heard and increases your chances of a favorable outcome. With an experienced Atlanta truck accident attorney by your side, you can be assured that no stone is left unturned to fight for your rights in the courtroom and out.

Filing a Lawsuit on Your Behalf

Filing a lawsuit requires thorough knowledge of the legal process and strict adherence to legal procedural requirements. A seasoned truck accident lawyer will handle all aspects of filing a lawsuit on your behalf, from preparing the necessary documents to ensuring they are filed within the statute of limitations.

By taking on the burden of the legal process, your lawyer allows you to focus on your recovery and well-being. Having legal representation gives you the time and space you need to heal both mentally and physically from your involvement in a truck accident.

Negotiating Settlements for Medical Bills and Liens

You may have incurred significant medical expenses and may be facing liens from healthcare providers and insurance companies because of your truck accident injuries. These financial burdens can add to your stress and anxiety.

A compassionate truck accident lawyer in Atlanta will negotiate with healthcare providers and insurance companies to reduce your medical bills and liens. By leveraging their negotiation skills, they can potentially save you a significant amount of money and ensure that your settlement adequately covers all your expenses.

You don’t have to face the aftermath of a truck accident and your injuries alone. An Atlanta truck accident lawyer can be your trusted advocate, guiding you through the legal process and fighting for your rights. From gathering evidence and negotiating settlements to representing you in court if necessary, a skilled attorney can provide the support and help you need to secure the compensation you deserve.

If you or a loved one has been involved in a truck accident in Atlanta, contact Spaulding Injury Law today. Our team of dedicated Atlanta truck accident lawyers is ready to assist you in every step of your legal journey. Don’t wait; reach out to us today and let us help you through your legal case so you can obtain the maximum compensation available for your injuries.

Posted in Atlanta, Truck Accidents | Comments Off on How Can a Truck Accident Lawyer in Atlanta Help?

In recent years, the number of large truck accidents in Atlanta has continued to rise, leaving more and more victims with severe injuries, emotional trauma, and tragic fatal losses. Understanding the factors contributing to this increase is important for several reasons. First, it can help drivers stay safer on roads whenever possible when driving near large commercial trucks. It can also help accident victims realize when they need to take legal action following a crash.

If you recently suffered injuries in a truck accident, do not wait to enlist the help of an Atlanta truck accident attorney. We hold parties accountable for truck crashes both to seek justice for victims and to keep the highways in Atlanta safer for the future.

Reasons for the Surge in Large Truck Accidents

Overall, the demands on the U.S. trucking industry have increased, while the number of truck drivers available has not equally increased. This has contributed to a high-pressure atmosphere that is less concerned about safety and more likely to cut corners to simply get the job done.

Negligence and Reckless Driving

One of the primary factors leading to the increase in large truck accidents in Atlanta is negligence and reckless driving. Many truck drivers are under immense pressure to meet tight deadlines, leading them to take risks on the road. Drowsy driving, distracted driving, and aggressive driving behaviors are all common among truck drivers who prioritize speed over safety. When combined with the sheer size and weight of large trucks, this can have disastrous consequences for other motorists.

Poor Vehicle Maintenance

Another significant factor contributing to large truck accidents is poor vehicle maintenance. Atlanta’s busy highways and the demands of the trucking industry put tremendous stress on trucks, leading to wear and tear on critical components. Faulty brakes, worn-out tires, and other mechanical issues can make it difficult for truck drivers to maintain control of their vehicles, increasing the risk of accidents. Regular inspections and maintenance are necessary to mitigate this risk, but unfortunately, not all trucking companies prioritize maintenance as they should.

Inadequate Training and Experience

When operating large trucks, proper training and experience are imperative. However, some trucking companies prioritize getting drivers on the road quickly, leading to inadequately trained and inexperienced drivers. Without the necessary skills to handle the unique challenges of driving a large truck, these drivers are more likely to make mistakes that can lead to accidents. The lack of training and experience within the modern trucking industry is a concerning factor that contributes to the increase in truck accidents.

Contact Our Atlanta Truck Accident Lawyers Today

If you’ve been injured in a truck accident in Atlanta, it’s important to have an experienced truck accident attorney by your side. Contact Spaulding Injury Law: Atlanta Personal Injury & Car Accident Lawyers for legal representation you can trust.

Our team understands how truck accident cases work and will fight for the compensation you deserve for your losses. Call us today at 770-744-0897 or contact us online to schedule a free consultation. Don’t wait, act now and let us be your advocates in your truck accident case.

Posted in Atlanta, Truck Accidents | Comments Off on Factors for the Increase of Large Truck Accidents in Atlanta?

Truck accidents are often devastating, resulting in serious injuries and even fatalities. If you suffered injuries and losses in a truck accident in Atlanta, never wait to identify the cause and learn how to protect your rights.

At Spaulding Injury Law, we have extensive experience representing truck accident victims. Our team of Atlanta truck accident lawyers will fight for fair compensation against trucking companies and their insurers, so contact us today for your free consultation.

Common Causes of Georgia Truck Accidents

Understanding the causes of truck accidents can help identify who should be liable for the injuries and losses of crash victims. Truck driver negligence is often to blame, though trucking companies and other parties can also share liability.

Here are some of the most common causes of truck accidents in Georgia.

Driver Fatigue

Truck drivers often work long hours and may push themselves to meet demanding delivery schedules. Fatigue can impair their judgment and reaction times, increasing the risk of accidents. Our attorneys can help gather evidence of driver fatigue or hours of service violations and hold the responsible parties accountable.

Distracted Driving

Distractions can be especially dangerous for truck drivers due to the size and weight of their vehicles. Activities such as texting, talking on the phone, eating, or using in-cab technology can divert their attention from the road and lead to accidents. We can investigate and gather evidence if you suspect the truck driver was distracted.

Negligent Maintenance

Commercial trucks require regular maintenance to ensure they are in safe operating condition. Negligent maintenance, such as failing to inspect or repair brakes, tires, or lights properly, can lead to accidents. Our truck accident attorneys can review maintenance records to see if companies cut corners on inspection and repair schedules.

Improper Loading

Improperly loaded or overloaded cargo can cause trucks to become unstable and difficult to handle. This can lead to accidents, especially when navigating turns or sudden stops. If improper loading contributed to your truck accident, our attorneys can identify who was responsible for the loading errors.

Driving Under the Influence

Driving under the influence of alcohol or drugs is a significant danger on the roads, including for truck drivers. Intoxicated truck drivers are more likely to cause accidents due to impaired judgment, decreased reaction times, and reckless behavior. If you suspect the truck driver was under the influence, our lawyers can hold drivers and companies accountable.

Contact a Georgia Truck Accident Lawyer Today

After a truck accident in Atlanta, always seek legal guidance to protect your rights and future. At Spaulding Injury Law, our experienced attorneys have a proven track record of helping truck accident victims recover the compensation they deserve.

Call us at 770-744-0896 or contact us online to schedule a free consultation. We understand the complications of truck accident cases and will fight tirelessly to hold the responsible parties accountable. Trust our experience, and let us guide you through the legal process and help you secure the justice and compensation you deserve.

Posted in Georgia, Truck Accidents | Comments Off on What Are the Most Common Causes of Georgia Truck Accidents?

Being in a motorcycle accident can be scary and overwhelming. But while your primary focus should be on seeking medical attention, there are also key steps to take afterward to protect yourself legally and financially. The motorcycle accident lawyers at Spaulding Injury Law: Atlanta Personal Injury & Car Accident Lawyers recommend following these steps after a collision.

Steps To Follow After An Atlanta Motorcycle Accident

• Get medical assistance – Your health comes first. Call 911 and try not to move until the emergency personnel arrive. Even if you don’t feel hurt, see a doctor to rule out injuries. Adrenaline can mask serious issues.
• Call the police – it doesn’t matter whether you’ve been involved in a major crash or a fender-bender; file an official report for insurance and legal purposes. Review it later to ensure accuracy. The responding officer will document the accident scene and complete an accident report. Sometimes, the officers may not come, especially if the accident occurred on private property. If they don’t, you should go to the police station yourself and file a report. The insurance company will request a copy of the police report when filing your claim.
• Document the scene – Take photos of vehicle positions, damage to your bike, debris, skid marks, weather conditions, and the number plate of the other vehicle. These help determine fault later. You’ll also need to identify the officer with their name and badge number.
• Exchange information – Get names, plate numbers, driver’s license numbers, and insurance details from other parties involved. Write down the type, color, and model of the vehicle or vehicles involved in the accident and the location of the accident. Also, please provide them with your info.
• Talk to witnesses – any witnesses to the accident will help support your claim. Request their name and contact information.
• Insurance report – Notify your insurer promptly about the accident. File claims usually have time limits, so don’t wait to do it later. Your insurer will tell you the information they need to process your claim. They’ll also arrange for the towing of your vehicle with a certified body shop.
• Seek legal help – Consult with a motorcycle accident attorney to protect your rights. They handle communications, claims, and negotiations to make the process so much easier for you.
• Preserve evidence – Keep all documentation related to the accident together. Police reports, medical records, photos, and other evidence are presented during your legal case.
• Avoid discussing fault – What you say about the accident can come back to haunt you. Wait for professional guidance before accepting blame. Bike accident lawyers recommend not discussing fault with the other driver. The adjuster reviewing your claim is the one who will determine fault after reviewing the police report and other documentation such as photos, your claim, and the inspection of the damaged auto or property.

Contact Atlanta Car Wreck Lawyer Today

Following these steps helps ensure you receive proper medical care, protects your legal rights, and provides documentation to get compensation for damages through insurance settlements or personal injury claims. Contact our Law Firm to speak with experienced motorcycle accident lawyers if you have been in a car crash.

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If you’ve been injured due to the negligence of a government entity in Georgia, you may be wondering if you have any legal options.

The answer is yes, but the rules for personal injury litigation against a government agency can be trickier than those for suing a business or individual.

At Spaulding Injury Law: Atlanta Personal Injury & Car Accident Lawyer, we have experience holding local governments accountable for injuries caused by unsafe property conditions and other types of negligence.

In this blog post, we’ll explore the topic of suing a county in Georgia and what you need to know to protect your rights.

Understanding the Georgia Tort Claims Act: Waiving Sovereign Immunity for Government Bodies

In the United States, government bodies are generally protected by sovereign immunity, which means people cannot sue them without their consent.

However, in Georgia, the Georgia Tort Claims Act sets out the conditions under which government entities in the state can waive this immunity. According to the Act, government agencies can be held liable for their employees’ negligent, careless, or intentionally harmful actions when acting within the scope of their official duties or employment.

The law allows the state to be held accountable for torts in the same way that a private individual or entity would be held liable under similar circumstances. But, it’s important to note that the statute does include exceptions for certain government agencies and employees under specific circumstances.

Who Can Be Sued in Lawsuits Against a Government Entity?

When it comes to filing a lawsuit against a government entity in Georgia, things are not always straightforward. While the Georgia Tort Claims Act sets out conditions under which government agencies can waive sovereign immunity and be held liable for their employees’ actions, some agencies may still retain their immunity from civil liability.

However, there are still several scenarios in which an individual may be entitled to file a lawsuit against a government entity or its employee. It’s important to note that even if the negligence of a city employee caused the injuries, the lawsuit’s defendant would be the government entity they work for, not the employee themselves.

But, if the government employee were not on the job at the time of the accident, a traditional personal injury claim or lawsuit would be pursued against that person. For example, if an off-duty police officer caused an accident resulting in injuries, the injured party would file a claim with their auto insurance policy or a lawsuit against the officer directly.

How to Prove Negligence in a Claim Against a Local Government Agency

For your claim against a local government agency to be successful, you must prove that the agency or one of its employees was negligent. This requires demonstrating the core elements of negligence, which include establishing a duty of care, proving a breach of that duty, demonstrating causation, and showing that you suffered damages as a result of the accident.

To prove a duty of care, you must show that the government agency or employee had a legal obligation to take reasonable care to avoid harming others.

Next, you need to demonstrate that the at-fault party breached their duty of care through some form of careless, reckless, or dangerous behavior.

It would be best if you also established how this breach caused your injuries, such as in the case of an on-duty EMS driver who was texting at the time of an Atlanta car accident.

Finally, it would be best if you showed that you suffered losses as a result of the accident, whether financial or non-financial, such as medical expenses, repair bills, lost income, physical pain, and emotional suffering.

If you are able to prove these elements of negligence, you should have a strong case against the local government agency. However, if the agency refuses to reimburse you for your losses through the claims process, you may need to take legal action to seek the compensation you deserve.

Important Timelines to Follow When Filing a Lawsuit Against a City

When filing a claim against a city or municipality in Georgia, keeping track of the timeline is crucial.

First, you must notify the local government within six months of the accident. This notice must include details like the name of the government entity or employee involved, the location and time of the accident, the nature of your injury, and the act of negligence that led to your injuries. Failure to provide this notice within the specified time frame will likely result in forfeiting your right to seek compensation from the city.

The deadline to file a claim with the state government is also essential to remember. You have 12 months from the accident date to file a written claim against the state of Georgia.

To file this claim, you must notify the Department of Administrative Services, Risk Management Division, either by mail or in person. However, you can only take the state of Georgia to court if your claim was rejected or more than 90 days have passed since you filed your initial claim with the state.

These timelines are much shorter than the two-year statute of limitations governing personal injury cases against civilians. Therefore, you need to act quickly and seek legal advice to ensure that you meet all the necessary deadlines when filing a lawsuit against the city.

Liability and Immunity for Georgia School Districts in School Bus Accidents

Under the Georgia Tort Claims Act, school districts are not granted immunity. However, the state legislature has provided school districts with separate statutory authority for waivers, which is at the discretion of each district.

In cases of school bus accidents, school districts are required to purchase insurance policies to protect children riding in school buses against injury or death resulting from an accident or collision. However, the amount of insurance coverage is left to the discretion of each school board, as per O.C.G.A. § 20-2-1090.

It is worth noting that some school boards in Georgia have chosen to purchase policies with minimal coverage, leaving injured parties with limited options for compensation.

For other motorists and individuals injured in school bus accidents, school boards may purchase insurance policies for their benefit, but they are not required to do so under O.C.G.A. § 20-2-1092. This provision also clarifies that nothing in the statute imposes legal liability upon school boards regarding such accidents. However, most school boards in Georgia have purchased such policies for public liability.

Unfortunately, some car accident victims may be left with limited financial recourse to compensate them for any injuries suffered in school bus accidents beyond their own uninsured/underinsured motorist policy.

So, Can You Sue the Government for Personal Injury?

Several factors need to be considered when considering the possibility of suing the government for injuries caused by the actions of a governmental entity or its employees.

First and foremost, whether the State has waived its immunity for that particular governmental office, department, or agency with the Georgia Sovereign Immunity Law must be determined.

If the State has waived its immunity, the inquiry doesn’t end there. It must then be determined whether the governmental employee(s) who caused the harm is immune from suit.

Determining whether a governmental employee is immune from suit requires a fact-specific inquiry. To determine if an employee was exercising a “discretionary” duty, it must be asked whether they were exercising their decision-making authority towards some legitimate governmental policy or purpose. This would be in contrast to a government employee performing specific duties to accomplish a finite and very specific task, which would be considered “ministerial” duties.

For example, a road crew tasked with fixing a certain stretch of road is an example of government employees performing ministerial duties. Similarly, a county employee tasked with replacing missing road signs or a county airport manager tasked with ensuring that the runway remains free of debris and hazards after a storm are also examples of ministerial duties.

In contrast, an employee exercising their discretion as to when and whether a street should be opened, closed, or repaired, or when a sewer should be built, are examples of government employees exercising a discretionary function of their duties, and they will be immune from suit.

However, there may be situations where the distinction between discretionary and ministerial duties is blurred.

For instance, when a government office has no specific policy or procedure for certain job-related functions, it may be difficult to determine whether an employee is performing a discretionary or ministerial function.

If a county has no policy for leveling its road shoulders and makes an affirmative decision not to repair or level it despite an inspection showing road shoulder deficiency, the decision to do nothing may be viewed as ministerial rather than discretionary.

Similarly, suppose that a chemistry lab teacher fails to require all students to wear protective eyewear during a lab experiment involving caustic or explosive materials, which violates a policy requiring such protective gear. The teacher’s deviation from this seemingly clear policy may be considered an example of a ministerial duty and their failure to perform that duty. However, the terms “caustic” and “explosive” may be subject to interpretation, making the decision whether to require protective eyewear discretionary.

To determine whether a government employee is liable for an injury caused while performing a ministerial task, it must be proven that they negligently performed that task. This requires looking at the policies and procedures of that specific office as applied to that specific employee and task.

For instance, a government office tasked with repairing a sewer line may have manuals, rules, checklists, or other guidelines that must be followed during such repairs. If the employee(s) deviated from that guidance without proper authority or some other legitimate reason, that might serve as evidence of negligence.

Similarly, a road crew team that fails to set up warning signs according to their own office’s instructions may be found negligent if the failure results in catastrophic consequences.

It’s important to point out that liability is limited in the degree to that of any private business or person under the same circumstances.

Determining whether the government is immune from a suit or whether a governmental employee is immune from a suit involves a very fact-specific inquiry and careful analysis of the law. These cases are best handled with the help of an experienced lawyer.

Contact Ted Spaulding for Legal Help Today

At Spaulding Injury Law: Atlanta personal injury & car accident lawyer, we believe that everyone deserves access to justice, regardless of who they are or what has happened to them. We understand the challenges of fighting against powerful entities such as government agencies, and we are committed to helping our clients navigate the legal system to hold those responsible accountable for their actions.

We hope that this article has shed some light on the complexities of suing the government and has provided valuable information to those who may be considering taking legal action. We encourage anyone who has suffered harm at the hands of a government entity to seek legal advice and explore their options. Contact us today to schedule a free consultation and learn how we can help you.

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