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Get answers to your questions about Georgia injury law on a variety of subject matters. Click on one of the boxes below to browse article topics related to that category of injury case, like motorcycle accidents.
Best Practices For Handling A Property Damage Claim
When it comes to car accidents, the vast majority of the attention
given by first responders, insurance companies, law firms, and
others involved is to any personal injuries arising out of the
accident. Fortunately, not all accidents involve personal injuries,
but virtually all accidents involve some degree of property damage
to the vehicles.
If your vehicle is damaged in a car accident caused by the
negligence of another driver, you are entitled to receive
compensation from the negligent driver’s insurance company for the
damage to your vehicle. At Spaulding Injury Law, our Atlanta car
accident lawyers represent injured clients in resolving any
vehicle property damage claims as part of our total representation
at no additional charge. Below is an overview of how a property
damage claim usually works.
At The Scene Of The Accident
The property damage claims process really begins at the scene of the
accident. The initial decision for the driver involved is whether or
not the v...
Other Sources of Insurance–UM Coverage Is Important
We find that many individuals who call us for help with serious
injuries sustained after an auto accident do not realize that there
are potentially more sources of insurance coverage than just the
at-fault driver’s automobile policy. This is a good thing because
more often than not, we see car accident cases where the at-fault
driver does not have anywhere close to enough coverage to fully
compensate our clients.
We strongly believe this is the number one reason injury victims
should hire an attorney after a motor vehicle accident, as your
attorney will know how to look for available insurance coverage for
your losses.
Let’s talk about UM coverage and how it can be so important to
whether you can fully recover for all of your losses after a severe
wreck.
What Is UM Insurance?
To answer this, we must start with what it is not. UM insurance is
not something the at-fault driver carries.
Instead, it is coverage you purchase typically on your own auto
policy. It stands for...
Georgia Statute of Limitations For Car Accidents
Why It’s So Important To Pay Attention To The Limitation
As Alpharetta car accident lawyers we must tell you that the
statute of limitations is by far the most important deadline to know
and keep in mind in the pursuit of your claims arising out of a car
accident in Atlanta or elsewhere in Georgia. This is so because the
statute of limitations is the last day on which you have to file a
lawsuit against the party that caused the accident before
you forever lose your right to pursue your claim.
Keep in mind this is not the same thing as calling your insurance
company or the at-fault parties insurance company to notify them of
the accident and your claim. This is actually filing a lawsuit
against the at-fault party for compensation for your losses.
Two Different Limitations Periods In Your Car Accident Case
In a car accident in Georgia, you have two separate claims.
Each has a separate statute of limitations.
The first claim is for property damage suffered to your vehicl...
How to Choose the Best Car Seat for Your Child
As parents, we want to protect our children in every situation.
Unfortunately, even the everyday, the average car ride can pose a
significant danger if your child is not safely secured in the right
car seat. At Spaulding Injury Law, we know how many options there
are out there for car seats. Personal injury attorney Ted
Spaulding has four children himself, including one younger than
1. He and his wife have plenty of firsthand knowledge from
researching car seats, installing them, swapping them out, and
buckling up little ones. As an Atlanta motor vehicle accident
lawyer, Ted has also seen how a good car seat can protect a child in
the event of a crash. That’s why he wants to empower parents to
choose the best car seat for their children.
Selecting the Right Type of Car Seat Based on Your Child’s Age
INFANTS & TODDLERS
Rear-Facing Car Seats: From birth to 12 months, your child should be
secured in a rear-facing car seat. These seats are designed to
cradle your little on...
Rain and Wet Roads Greatly Increase Your Risk of Being Injured in an Atlanta Car Accident
If you live in the metropolitan Atlanta area, you know driving on
our congested streets can be a dangerous proposition at any time,
but our interstates and surface streets become even more treacherous
on rainy days. According to USClimateData.com, our city experiences
rainfall an average of 117 days per year or just over twice per
week. So at least two times per week, most Atlantans are on the road
driving with the enhanced dangers of falling rain and/or wet
pavement. This is where our car accident law firm can
help.
According to the Federal Highway Administration, nearly one
fourth of all vehicle crashes nationwide are weather related. Of
those weather related crashes, 74% occur on wet pavement and 46%
occur during rainfall. By comparison, only 12% occur on icy pavement
and only 14% occur on snowy or slushy pavement. So rainy wet roads
on average contribute to more than 5 times as many accidents
nationwide as wintry, icy roads. Drivers tend to slow down and give
ice and snow m...
Will Airbags Deploy if the Car is Off?
No, your car's airbags will not deploy when the car is off.
Manufacturers equip the vehicles we drive with airbags to help keep
us safe in the event of a collision. Airbags are deployed when the
sensors detect a specific amount of impact in a specific area of the
car, and the implementation of this safety mechanism has saved many
lives since it became standard in all cars.
There are instances, however, in which airbags are not activated for
a range of reasons, and one of these is when your vehicle has been
off for a bit, such as in a parking lot.
Airbags Save Lives
The Insurance Institute for Highway Safety (IIHS) forwards a range
of statistics – from a variety of sources – regarding just how
effective airbags are at helping to save lives in car accidents,
including:
Front airbags have saved an estimated 50,457 lives since 2017.
In front crashes, airbags decrease driver fatalities by 29 percent
and decrease front-seat passenger fatalities for those who are at
lea...
Guide to Getting A Police Report After A Car Accident
How to Get A Police Report After A Car Accident in Lawrenceville
It’s important to report an accident to a police officer that comes
to the scene and creates a report containing the details of the
crash. As a car accident law firm in Lawrenceville, we can tell
you that there are several ways to obtain the accident report after
you have been involved in a car accident. Remember, it will take
several days for the report to be ready so do not worry if there is
a delay in being able to obtain the report.
What is the Easiest Way to Obtain A Police Accident Report in
Lawrenceville?
We have found that the easiest way to obtain the crash report is to
do so online. By now almost every precinct in every county in
Georgia participates in buycrash.com’s online accident report
system.
It’s not hard to figure out how to get a copy of a police report
once you’re on this website. You simply need one of three types of
information in addition to the date of the accident and your last
n...
What Is My Car Accident Case Worth?
If you have been injured in a car accident caused by a negligent
driver, that driver’s insurance company is required to compensate
you for injuries caused by its driver’s negligence. What many people
do not know and what insurance companies will not tell you is
exactly how much an insurance company is responsible for paying you
in Georgia to compensate you for your injuries and how a car
accident law firm in Atlanta can help.
Unfortunately, some insurance companies may even try to mislead you
into believing that they only have to cover your out-of-pocket
expenses that were not covered by your own automobile or health
insurance. That simply is not true. This, among other important
reasons, is why it is always advisable that you seek the advice of a
competent car accident lawyer.
Types of Car Accident Compensation in Atlanta
You may be asking yourself, “How much should I settle for in my car
accident case?” In Georgia, if you are injured in a car accident
caused by som...
Answers To Frequently Asked Questions After An Atlanta Car Accident
Our Atlanta car accident attorneys have handled hundreds
of motor vehicle cases during their careers and as a result, we know
that everyone has questions after being injured in a wreck. Below,
the nationally recognized trial lawyers at Spaulding Injury Law
answer several of the most frequently asked questions by clients
after an accident.
How Does The Claims Process Begin?
The claims process usually starts when you call the at-fault
driver’s insurance company to report your claims. Often times the
at-fault driver has already called in the claim but the adjuster has
not gotten around to calling you yet.
Whether it is you calling in or the adjuster calling you, the
process begins with the adjuster getting all of your information
including whether you have been injured. Be careful
here. We have an article that talks about this subject in more
depth which you can check out here.
You do not want to give a recorded statement to the adjuster.
Instead, simply give her your na...
What Are the Most Dangerous Highways in the State of Georgia?
If you live in Atlanta, Georgia, you are no stranger to
dangerous highways. Although the Georgia Department of
Transportation (GDOT) is doing their best to make these roads safer,
it will take time. The following highways are some of the most
hazardous in the state of Georgia, and we urge you to use caution
when using each one. GDOT is taking steps to improve driving
conditions and lower accident and fatality rates, but every driver
is responsible for taking safety precautions and avoiding accidents.
In the event of an accident, an Atlanta truck accident
lawyer can help.
Interstate 85 (I-85)
Spanning 180 miles and running northeast to southeast, I-85 in
Georgia is a busy highway. Fatal crashes average about one every two
weeks. GDOT is working to make I-85 safer by widening lanes and
adding barriers to relieve the traffic flow along the congested
highway.
Interstate 75 (I-75)
I-75 stretches approximately 300 miles, and has some of the heaviest
traffic is the state of Georgia....
How to Prove Fault After A Car Accident in Atlanta
Like most other states, Georgia is considered an “at fault” state.
This means that the person found to be at fault in an automobile
accident is the one whose insurance company pays for everything.
Some states are “no-fault” states. In those states, your insurance
will pay for all the damage, regardless of who is to blame. As an
“at fault” state, it’s important to establish who is to blame for a
car accident in Atlanta to avoid wasting time and money. To do this,
you will need a car accident attorney.
How to Tell Who is at Fault in a Car Accident in Atlanta
According to our car accident attorneys, several factors in a car
accident will almost always make a person at fault or responsible
for the crash. Call the police and make sure you get a copy of the
police report, which may describe one of several accident types:
Rear-End Collision Fault
If you run into the back of another driver, chances are you will be
found to be the cause of the accident. Driving defensively...
Do I Need to Report A Minor Car Accident in Georgia?
When you have a “fender bender” in Georgia, and it seems like nobody
is hurt and there’s minimal cosmetic damage, you may be tempted to
skip waiting around for the police to show up. However, our car
accident attorneys believe it’s worth the wait to get an
official document completed at the accident scene. There may be
minor car accident injuries that are not obvious right away because
you are in shock.
There may even be vehicle damage that doesn’t come to light until
later. It will also prevent the other party from saying that
additional damage occurred in the accident when it did not. For
these reasons, our car accident lawyers strongly recommend that you
wait for the police.
Do You Have to Call the Police After A Minor Car Accident in
Atlanta?
There are also circumstances under which you are required to call
the police and file a report in Georgia. If you are involved in an
accident and any of the following situations occur, you must get an
official accounting of...
Proving Liability in Uber Accidents
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 f...
What Can Cause Driver Fatigue?
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:
Drowsy drivers are less capable of paying adequate attention to the
road.
Drowsy drivers experience slowed reaction times.
Drowsy drivers have a more difficult time making good
decisions.
None of these bode well when it comes to driving safely and avoiding
car acci...
What Are the Best Auto Repair Shops in Cumming, Georgia?
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. Th...
Terrifying Collisions Involving Cement Mixer Drivers
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 ...
Can You Make An Auto Accident Insurance Claim Without A Police Report?
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 as
well if there are any possible injuries 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 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 b...
What Happens After a Drunk Driving Car Accident?
The State of Georgia has strict laws against driving under the
influence (DUI) of alcohol due to the extreme safety risks of drunk
driving. While you might hear about drunk drivers injuring others,
you might not imagine that this type of accident could happen to
you. However, if you are hit by a drunk driver, you should know what
to expect, and you should not wait to seek help from the Atlanta car
accident lawyers at Spaulding Injury Law: Atlanta right away.
How Impaired Driving Crashes Happen
In a recent year, police officers in Georgia arrested more than
23,500 people for driving under the influence. Unfortunately, police
cannot catch every drunk driver before they cause crashes, and
impaired driving was cited as the cause of thousands of injuries and
375 deaths in Georgia in 2018. These crashes accounted for nearly 25
percent of fatal car accidents in our state that year.
Drunk driving is a major safety issue because alcohol impairment can
cause drivers to crash in many ...
IndyCar Accident: Learn About the Severe Risks of Head Injuries
Our Cumming truck accident law firm recently learned that
on Sunday, August 23rd, 37-year-old IndyCar racer Justin Wilson took
his spot to start a 200-lap race at the Pocono Raceway. On the
179th lap, the leading driver spun out, causing large pieces of
metal debris to come flying off of his vehicle. One of those pieces
headed straight toward Wilson’s car and struck Wilson in the head at
a high speed. IndyCar drivers are particularly vulnerable to flying
debris since the top of their vehicles is open with only a helmet to
protect them in the event of a crash or a flying object. Wilson was
transported via medical helicopter and was reported to be in a coma
on Sunday. On Monday, media that he had succumbed to his injuries
and passed away.
Any Type of Head Injury Can Be Severe
The above accident was deemed to be just that—an accident—and the
driver whose car fell apart was not considered to be directly
responsible for Wilson’s fatal injuries. However, the incident goes
to ...
Car Insurance Rate Increases After an Accident
If you are injured in a car accident, the last thing you should have
to worry about is insurance rates going up after the accident.
However, even a minor car accident can have a lasting impact on your
car insurance costs. Forbes recently dove into this issue and the
findings are startling.
How Does a Car Accident Affect Insurance?
Insurance premiums are based on statistical data and the likelihood
that you will be in a wreck.
If you cause a car accident, insurance coverage rates will likely go
up. The amount they go up will depend on the severity of the car
accident and the cost of the insurance claim.
Car insurance companies can hike up insurance rates for “chargeable”
accidents, which are those in which their insured is more than 50
percent at fault and caused property damage, injury, or death to
someone else. Once a claim is made against your liability insurance,
a surcharge is added. The surcharge is equal to the rate increase.
You will begin paying this surcharge w...
What Happens After a Drunk Driving Car Accident?
The State of Georgia has strict laws against driving under the
influence (DUI) of alcohol due to the extreme safety risks of drunk
driving. While you might hear about drunk drivers injuring others,
you might not imagine that this type of accident could happen to
you. However, if you are hit by a drunk driver, you should know what
to expect, and you should not wait to seek help from the Atlanta car
accident lawyers at Spaulding Injury Law right away.
How Impaired Driving Crashes Happen
In a recent year, police officers in Georgia arrested more than
23,500 people for driving under the influence. Unfortunately, police
cannot catch every drunk driver before they cause crashes, and
impaired driving was cited as the cause of thousands of injuries and
375 deaths in Georgia in 2018. These crashes accounted for nearly 25
percent of fatal car accidents in our state that year.
Drunk driving is a major safety issue because alcohol impairment can
cause drivers to crash in many different...
Car Insurance Rate Increases After an Accident
If you are injured in a car accident, the last thing you should have
to worry about is insurance rates going up after the accident.
However, even a minor car accident can have a lasting impact on your
car insurance costs. Forbes recently dove into this issue and the
findings are startling.
How Does a Car Accident Affect Insurance?
Insurance premiums are based on statistical data and the likelihood
that you will be in a wreck.
If you cause a car accident, insurance coverage rates will likely go
up. The amount they go up will depend on the severity of the car
accident and the cost of the insurance claim.
Car insurance companies can hike up insurance rates for “chargeable”
accidents, which are those in which their insured is more than 50
percent at fault and caused property damage, injury, or death to
someone else. Once a claim is made against your liability insurance,
a surcharge is added. The surcharge is equal to the rate increase.
You will begin paying this surcharge w...
How Road Construction Workers Are Injured in Tragic Accidents
Construction is a hazardous profession. Workers regularly suffer
injuries in a variety of accidents, including electrocutions, falls,
bike accidents and much more. Workers who work in road construction
have even more risks to deal with every day. In turn, the workers
are also at risk of causing injury to others in their cars passing
by the construction site. For this reason, road construction
accidents can result in many accidents, and the United States
Department of Transportation Federal Highway
Administration reported that 87,606 car crashes happened
in road work zones in 2010 alone.
Accidents Caused by Motorists
Road construction zones generally have strict safety rules for
passing motorists, including lowered speed limits, yield signs,
redirected traffic, and more. Drivers must take reasonable care to
follow all signs and signals and drive through the work zone safely.
If drivers fail to take appropriate care, they may face serious
consequences, as Georgia law2 allows for ...
Common Types of Accidents That Lead to Serious Neck Injuries
As Alpharetta truck accident lawyers, we know that the neck is
among the most vulnerable parts of the human body. Not only does it
house part of the spinal column, which is the bundle of nerves
responsible for transmitting signals between the brain and the rest
of the body, it also contains blood vessels that supply the brain
with oxygen and muscles that are responsible for supporting the
head. As a result, any injury to the neck has the potential to be
severe.
In some cases, the soft tissues in the neck or spine are stretched
or otherwise injured when the head jolts forward or backward rapidly
on the neck. These kinds of injuries are often collectively referred
to as “whiplash,”1 a term that has no accepted medical
definition. While whiplash injuries have been viewed with some
skepticism in the past, these injuries are very real and have become
widely accepted by the medical community in recent years.
A Variety of Preventable Accidents Can Cause Neck Injuries Neck
injuri...
Are Car Accident Settlements Taxable
In this video, attorney Ted Spaulding explains whether or not car
accident settlements are taxable in the state of Georgia.
Are car accident settlements, taxable? Hi, I'm Ted Spaulding, an
Atlanta personal injury trial lawyer, and the founder here at
Spaulding Injury Law. So, this is a question obviously that comes up
at the end of a case. You've got a settlement, you've got a verdict
from a jury, and your lawyer is getting ready to disperse monies.
And the question is the money that you're getting for your pain and
suffering, and other damages that you're taking home with you, is
that taxable? Well, your lawyer, unless they're also a tax lawyer,
for some reason, and a personal injury lawyer, I'm certainly not,
cannot give you legal advice on that because they're not tax
professionals. What I tell people is, at the beginning of the
following year when you're gonna be filling out taxes, so if you get
a settlement or a verdict, and you receive monies in let's say 2020,
in 2021, w...
How Our Atlanta Car Accident Lawyers Can Help You
In this video, attorney Ted Spaulding explains how Spaulding
personally assists victims of car accidents in Georgia.
Welcome to the Spaulding Injury Law website. Thank you for coming. I
hope you learn more about your car accident case and more about our
firm, our attorneys, our staff, and our philosophy in handling
Atlanta, Georgia car accident cases. Hi. I'm Theodore Spaulding. I'm
the founder and one of the trial attorneys here at Spaulding Injury
Law: Atlanta Personal Injury Lawyer. Our motto at the firm is real
lawyers helping real people. Well, what does that mean and what does
it mean in the context of a car accident case? Well, we think the
most important aspect of that motto is real lawyers. What we mean by
that is we are car accident trial lawyers at the end of the day. If
we cannot convince the insurance company or companies to offer you
fair compensation for your damages from the car wreck we will try
your case to a jury of your peers to get that compensation.
&nb...
Atlanta Police No Longer Responding To Most Car Accident Calls
In this video, attorney Ted Spaulding explains the standard process
for Atlanta police responding to car accident calls, and what to
expect if this happens to you.
Hi. Just last week, the Atlanta police department came out with a
directive that they are not going to be responding to car accidents
in Fulton County anymore unless there are injuries reported.
Hi, I'm Ted Spaulding. I'm an Atlanta personal injury trial lawyer,
and I'm the founder here at Spaulding Injury Law. Keep watching this
video to find out what this really means on the ground as this
policy is being rolled out for injury victims and car wrecks.
So I'm gonna give you a real life example of what we're seeing
regarding the effects of this new policy by the Atlanta police
department. So I got a call the other day from a lady who was in a
wreck in downtown Atlanta, and she called the police. She was
injured and she told them, you know, she was okay, no one was
severely injured. They think they're gonna b...
Can You File An Atlanta Car Accident Claim Without A Police Report?
In this video, attorney Ted Spaulding answers the question of if you
need a police report to file a car accident claim. Watch below to
learn his tips.
Can you file a claim after a car accident without a police report?
Hi, I am Ted Spaulding. I'm an Atlanta personal injury trial lawyer,
and I'm the founder here at Spaulding Law Firm. So the answer to
this question is, yes, absolutely you can. But you don't want to do
it that way. You need to call the police out to the scene so they
can do a full investigation and determine who's at fault and have a
police report that shows that. That is the best evidence of fault
going forward to help you with your claim.
It doesn't mean that you're stuck but it certainly is going to make
it more difficult. You're going to need to have witnesses. You're
going to need to get lucky and hope that the at-fault party does not
lie to their insurance company and say, "Oh, no, I wasn't at
fault. The other person was." Then you've got a he said, she
...
What Can Be Damaged in a Rear-End Collision?
Far from being mere fender benders, rear-end crashes are not only
one of the most common types of accidents on our roads but also one
of the most dangerous. In addition to being closely associated with
serious injuries, rear-end accidents can seriously damage or total
your vehicle. If another driver leaves you injured in a rear-end
accident, don’t wait to reach out for the professional legal
guidance of an experienced Atlanta car accident attorney.
Rear-End Accidents: The Statistics
Consider the following statistics related to rear-end accidents in
the United States:
In 2020, rear-end accidents accounted for 2,428 deaths and 6.8
percent of all fatal traffic accidents, which is second only to
head-on collisions – according to the Insurance Information
Institute (III).
Overall, rear-end accidents are the most common form of car
accident, and they account for 29 percent of all traffic crashes
while leading to many serious injuries – according to the National
H...
What To Do In a Car Accident If The Other Driver Has No Insurance
Being involved in a car accident can be challenging enough,
especially if you experience painful injuries and your vehicle is
damaged beyond repair. However, what can make it even worse is
learning that in your car accident, the other driver has no
insurance.
If you have found yourself in this very situation, you may not
know what your next steps should involve. Keep reading to learn what
to do in a Georgia car accident if the other driver has no
insurance.
What Georgia Law Says About Automobile Insurance
First, a quick reminder of how Georgia auto insurance
works.
The laws in Georgia are fairly straightforward. All Georgia
drivers must have liability insurance to drive on public roads and
highways in this state. This insurance type helps the at-fault
driver pay damages owed to the person he or she hit. The
minimum amount of coverage every driver in Georgia must have by law
is $25,000 per person and $50,000 per incident.
Even though liability insurance...
How To Get The Police Report After a Wreck
In this video, attorney Theodore Spaulding explains what steps are
needed to obtain the police report after a motor vehicle accident in
Georgia.
How to obtain the police report after a car accident? Hi, I'm, Ted
Spaulding. I'm an Atlanta personal injury trial lawyer, I'm the
founder here at Spaulding Injury Law: Lawrenceville personal injury
attorney. So, this is always the first step for us. When we take on
a new case, we need to see the police report. So, we ask our
clients, do you already have the police report? Oftentimes they do.
If they don't, how do you get it? Well, there's several ways to get
it, but there's certainly easier ways to do it than others. One, if
it's a local police department or sheriff's office very close to
you, you can go down there and pick it up. Nowaday, it's taking a
good four to seven days for these to be ready. So, you would want to
call in advance, make sure it's ready, then go down there, pick it
up. Oftentimes when you do it that way, it's fre...
Rear Automatic Braking
IIHS Dubs Rear Automatic Braking as a “Standout Feature” in Research
on the Impact of Crash Avoidance Technology Systems. In its latest
tech roundup, the Insurance Institute for Highway Safety (IIHS) gave
props to rear automatic braking for its effectiveness in reducing
the severity and frequency of reverse rear-end accidents. The IIHS
compared this latest technology with other driver assistance systems
in its compilation of research on the impact of crash avoidance
technologies.
Effectiveness of Rear Automatic Braking Systems
The IIHS studied the effectiveness of rear automatic braking
systems. These systems often include ultrasonic sensors and
short-range radar systems that help drivers avoid colliding with
people or objects behind them when backing up. Beeps or seat
vibrations usually alert motorists about impending hazards. Some
systems automatically brake if drivers do not respond quickly
enough.
In its study, the IIHS compared vehicles that did and did not have
rear a...
When Are You Liable For Another Person Driving Your Vehicle
In this video, attorney Ted Spaulding details in what instance you
can be help responsible for another person driving your car and
getting into an accident. He explains how insurance coverage works
in this scenario.
When are you liable when another person is driving your
vehicle and gets in an accident? Hi, I'm Ted Spaulding, an Atlanta
personal injury trial lawyer, and the founder here at Spaulding
Injury Law: Atlanta injury lawyers. So, this is an important
question. You have lent your vehicle to a friend, a family member,
and they've gone out and wrecked your vehicle with someone else and
injured them and obviously, damaged that vehicle as well. So, when
are you liable?
Well, the answer is, very rarely are you independently liable.
And that's where people get confused because, well, wait a minute,
my insurance is covering this? Well, yes, your insurance, your auto
insurance follows the vehicle. Okay. And as long as you have given
that vehicle to someone, meaning you gave ...
How to Seek Compensation After A Defective Car Part?
As Alpharetta car accident lawyers, we know that cars and other
motor vehicles have many different parts that may malfunction and
cause accidents. Some defective auto parts that commonly cause
accidents may include brake systems, wheels and tires, steering
columns, fuel tanks, air bags, and more. Victims of accidents caused
by malfunctioning vehicles can recover for their injuries and other
losses by filing a product liability claim in court.
Auto Recalls
If an automotive manufacturer discovers that a car part may be
defective and therefore dangerous, that company has a duty to report
the defect to the proper federal agency and to issue a timely recall
to repair or replace the potentially defective component. The
National Highway Traffic Safety Administration (NHTSA) has a list of
all recent auto recalls and defects posted on its website. If a
manufacturer fails to report or recall a defective part, that
company may face an investigation and serious sanctions by NHTSA.
For ex...
What Is My Car Accident Claim Worth
In this video, attorney Ted Spaulding details how to value a car
accident claim in Georgia and the varying factors involved. He also
explains how an experienced car accident lawyer can assist in your
case.
What is my car accident claim worth? Keep watching this video to
find out the components of the value of your car accident claim. Hi,
I'm Ted Spaulding. I'm an Atlanta personal injury trial lawyer, and
I'm the founder here at Spaulding Injury Law. So this is always the
ultimate question, right, what is my claim potentially worth? And
the short answer and the honest answer is in the beginning, during
treatment and things of that nature, most people, lawyers,
adjusters, yourself don't know what the potential value is. Why?
Because so much of it is geared around what are your injuries and
how much treatment do you end up needing. That kind of fuels most of
the value of your claim. And when you're in the middle of it, or
you're at the very beginning, there's potentially a long wa...
What To Do After Your Child Sustains Injuries in A School Bus Accident
When you send your child off on a school bus, you should be able to
trust that they will safely arrive at their destination. At the
Atlanta law office of Spaulding Injury Law, our personal injury
attorneys are dedicated to helping parents recover for injuries
suffered in school bus accidents, so call today at (770)744-0890 to
schedule a free consultation.
Common Causes of School Bus Injuries
According to the National Highway Traffic Safety Administration
(NHTSA), school buses are one of the safest modes of transportation
for children to and from school. However, thousands of children
still continue to suffer various types of injuries on school buses
on an annual basis. There are many different ways a child can be
injured while taking a school bus, including the following:
Suffering injuries in a collision due to the negligence of the
school bus driver or a driver of another vehicle. Driver negligence
can include distracted driving, impaired driving, violating traffic
laws,...
Annular Tears Caused in A Auto Accidents
Injuries to the discs of the spine are the most common injuries we
see as injury attorneys at Spaulding Injury Law: Atlanta Personal
Injury & Car Accident Lawyer. Typically these are bulges or
herniation of the cervical (neck), thoracic (mid-back), or lumbar
(lower back) discs. One particular type of disc injury not seen too
often as a result of a personal injury incident is an annular tear.
An annular tear occurs when the liquid inside a disc leaks out of
the center of the disc causing the liquid to come into contact with
tissue or nerves in the body causing pain, numbness, and other
associated problems. Unfortunately, unlike bulging or herniated
discs, annular tears are difficult to heal often times leaving the
patient with symptoms indefinitely even after invasive surgical
procedures.
We most often see clients with annular tears as a result of a
violent car accident. This seems to be the case because annular
tears are typically produced by an injury-causing significant ...
Can I Sue An Aggressive Driver in Atlanta Who Injured Me?
Driving can be a stressful experience for everyone. While some
drivers are able to cope with frustrating conditions such as
weather, traffic, running late, or other drivers, others are not
nearly as patient. Aggressive driving can be extremely dangerous for
everyone on the road and has the potential to result in serious
accidents. People injured by aggressive drivers may be able to
recover for their injuries by bringing a personal injury claim
against the driver who injured them. An experienced personal injury
attorney can help you make sure that you obtain the compensation
that you deserve after an accident with an aggressive driver.
In an effort to combat aggressive driving, the Georgia legislature
has defined that term in an effort to hold dangerous drivers
accountable. The statute states that aggressive driving is:
“Intent to annoy, harass, molest, intimidate, injure or obstruct
another person, while doing one or more of the following: overtaking
and passing another vehi...
Hiawassee Car Show
Hiawassee is home to the NE Georgia Mustang Club’s 49th Annual
Mustang Car Show from September 23 to September 24 this year, and it
is a great opportunity to enjoy some truly spectacular Mustangs in
all their glory. These cherry vehicles come with hefty price tags,
and even minor accidents can lead to immense losses in the form of
property damage – not to mention the physical, financial, and
emotional losses experienced by the car’s occupants at the
time.
The Value of Classic Mustangs
The most valuable Mustangs out there include the following:
First-generation Mustangs (which refers to those manufactured
between March 1964 through 1973): The Boss Mustang 429 (1969 to
1970), which – when in excellent condition – brings an average value
of $259,000
Third-generation Mustangs (which refers to those manufactured
between 1979 and 1993): The 5.0 SVT Cobra R (1993), which – when in
excellent condition – brings an average value of $93,900
Fifth-generation Mustang...
Did You Know That Not All Cars Are Independently Crash Tested?
So, you’re ready to purchase a new vehicle - after a bit of
research, of course.
One of your most reliable sources may be Consumer Reports, the old
granddad of quality ratings dating back to 1936. One of the measures
you may be specifically interested in is the public crash safety
rating. If so, you may be disappointed to learn that quite a few
models are not crash-tested by independent organizations. These are
mostly high-end sports and luxury vehicles that automakers don’t
produce in high enough volume to justify crash testing.
So while you can research these vehicles’ fuel economy, 0-to-60-mph
acceleration time, and cargo capacity in Consumer Reports, you won’t
be able to find how they performed in crucial crash tests.
Which Vehicles Don't Get Public Crash Test Ratings?
Nearly a half-million passenger cars and SUVs sold each year have
not been crash-test rated by the two main organizations that conduct
independent assessments: the federal National High...
Can I Recover Compensation After An Accident With A MARTA Bus in Atlanta?
Buses operated by the Metropolitan Atlanta Rapid Transit Authority
(MARTA) are a common sight on Atlanta roadways. In fact, the MARTA
bus system had a daily ridership of 193,100 people each day in 2023.
While public transportation is generally safe, MARTA buses are
occasionally involved in accidents that the potential to injure both
passengers and other motorists, pedestrians, and bicyclists.
When a bus accident is the result of negligence, victims may be able
to recover compensation for their losses by bringing a personal
injury claim with the help of a car accident attorney. The most
effective way of maximizing your chances of obtaining recovery for
your injuries after a MARTA bus accident is to retain an
Atlanta personal injury lawyer as soon as possible.
What Are the Common Causes of Marta Bus Accidents in Atlanta?
Entities such as MARTA that transport people from place to place owe
their riders and the general public a duty to operate in a way that
does not harm others....
Legal Options After A Car Accident Caused by Poor Road Maintenance
Of the millions of car accidents that occur in the United States
each year, the vast majority are caused by driver error. A
significant number, however, are the direct result of hazards or
other conditions caused by poor road maintenance. Like all car
accidents, those caused by negligent road maintenance are capable of
causing serious bodily harm which in turn can lead to significant
economic and non-economic losses. Fortunately, victims of car
accidents that are caused by negligence may be able to recover for
their losses through a Georgia personal injury lawsuit. Hiring
a car accident lawyer is the best way to make sure that
you get the compensation that you deserve after a car accident, and
our car accident attorneys will consult with you regarding your
claim at no cost to you.
Because roads are generally maintained by the state or local
governments, claims based accidents caused by poor road maintenance
are subject to a special set of rules that apply in cases where a
perso...
New COVID-19 Atlanta PD Accident Policy
The Atlanta Police Department (APD) announced at the end of July
that it would no longer respond to motor vehicle accidents that had
no injuries, according to an APD post on Twitter.
The new policy and other recent actions by the Atlanta police have
the potential to severely impact victims’ rights to seek
compensation and justice after a wreck.
New COVID-19 Atlanta PD Accident Policy
The Atlanta PD said their new policy of not responding to most
non-injury car crashes was put in place as a way to help protect
citizens and officers in the midst of the COVID-19 pandemic. The
news was released as Fulton County officials reported that Atlanta
and surrounding areas were responsible for around 10 percent of the
confirmed coronavirus cases and related deaths in Georgia.
At the time of the announcement, the department said that drivers in
Atlanta were still allowed to call the police after accidents that
were minor, but they had to keep in mind that police might not
respond.
AP...
Who Is At Fault in Uber & Lyft Accidents in Georgia?
Rideshare apps like Uber and Lyft continue to grow more and more
popular, especially in urban areas. They are simple, convenient and
cost-effective ways for individuals to find their way from place to
place and around big cities, and they are easy alternatives to
transportation like buses and taxis. But what happens when your
rideshare is involved in an auto accident? Who is held responsible
when you are involved in an auto accident with a rideshare
driver? Atlanta personal injury lawyers can help you make
sense of this seemingly complicated yet not all too uncommon
situation.
As transportation and technology quickly advances, there are many
common questions we receive regarding Uber and Lyft and their
involvement in accidents. How exactly do rideshares differ from
taxis and other car services? Who is held liable in the event of an
auto accident? Here we will look at the answers to some of these
frequently asked questions regarding rideshares to help you protect
yourself the ne...
When to See a Doctor After a Car Accident
It’s important to see a doctor immediately after you’ve been in a
car accident – even if you don’t think at first that you’ve been
seriously injured.
Your doctor can perform a full examination and help you get on the
road to recovery as soon as possible. They can also check you for
less obvious injuries caused by the accident that could become
life-altering or life-threatening if left untreated.
I Feel Fine - Why Should I Go to the Doctor?
Even if you feel fine right after a car accident, it’s critical to
visit a medical professional as soon as possible. Following a
traumatic event like a car crash, our bodies often produce
endorphins and adrenaline. These chemicals can increase your energy
levels and block pain, making you think that you are fine when
you’re actually injured.
Symptoms from some injuries don’t show up right away. For example, a
subdural hematoma (or brain bleed) might initially appear to be just
a minor headache from the stress of the car wre...
What Are Your Rights After A Car Crash On Private Property?
If you are injured in a vehicle accident that happens on private
property in Georgia – as opposed to an accident on a public street
or a highway – will your personal injury claim be different (or
handled differently) than a claim for an accident that happens on
the street? Can a car accident law firm in Atlanta help?
These accidents happen all the time, especially in parking lots at
commercial locations like malls and shopping centers, restaurants,
hotels, and other private properties. Some of these parking lot
accidents result in nothing more than minor vehicle damage, but
others result in serious injuries.
How Do You Handle an Accident That Occurs on Private Property?
It needs to be fully understood by every Georgia motorist that when
a traffic crash happens on private property, there really is not a
huge difference in terms of the steps that the drivers need to take.
Treat it just like any other vehicle accident.
Of course, if you’re injured or if anyone else is i...
Are Car Accident Settlement Calculators Accurate?
Car accidents happen all the time in our country. It doesn’t take
much for someone to be negligent while they’re driving. That means
you can be the best and safest driver with no history of accidents,
but it can still happen. You can’t control how other drivers behave
on the road. You can’t stop them from eating, texting, or being
distracted. So, when an accident does happen, how do you handle it?
Who do you call first?
Immediately after the car accident, if you’re able, the first thing
you would do is contact the police. From there, they would help you
get checked out if there’s an injury. If you’re not injured, then
you should do your own task of taking photographs of the scene,
getting witness testimonies, and exchanging information with the
person you are in an accident with. Once you exchange information
with them, you would then file a claim with their insurer. If you
are unsure of the next steps after filing a claim contact
your personal injury attorney.
...
What Is Diminished Value in Georgia?
The Right Law Firm for Your LawrencevilleVehicle Accident Case
When you need legal assistance with your vehicle collision claim,
look no further than Spaulding Injury Law: Lawrenceville Personal
Injury Law. We have achieved successful results for past clients
injured in car collisions, including:
Settled a case for $$350,000. Rear-End Wreck.
Settled a case for $50,000. Low-Impact Car Accident Case.
Settled a case for $425,000. Motor vehicle accident, drunk driving.
Our legal team is dedicated to getting fair results for every client
we represent, and we never back down from insurance companies. When
you work with our firm, you can expect the highest quality of
representation, personalized and effective service, and stress-free
handling of your vehicle collision injury claim.
If you are involved in a traffic collision, and if you file a
property damage claim to have your vehicle repaired, you may be
leavi...
What Is Diminished Value?
If you are involved in a traffic collision, and if you file a
property damage claim to have your vehicle repaired, you may be
leaving money on the table. This is a where an Atlanta car
accident law firm can help.
In the state of Georgia, if your vehicle is damaged after a
collision and you have the vehicle repaired – that is, the vehicle
was not a total loss – you have the right to a property damage claim
for repairs, but you also have the right to a “diminished value”
claim.
How Do Diminished Value Claims Work?
Diminished value is a second damage claim that you have if your
vehicle is repaired after an accident. If your vehicle is a total
loss, you will not have a diminished value claim, but you will
instead have a claim for the market value of your vehicle at the
time of the collision.
On the other hand, if you have the vehicle repaired, you have a
right to make two claims:
a claim for the repair of the vehicle, which should completely cover
your repair ...
Is Georgia A No-Fault Auto Insurance State?
Is Georgia a “no-fault auto accident” state? What exactly is the
difference between a “fault” state and a no-fault state?
What kind of automobile insurance are drivers required to carry in
Georgia? And what are your rights if you are injured in a traffic
crash in this state because another driver was negligent? Can
a car accident attorney in Cumming, GA help?
What Insurance is Required for Drivers in Georgia?
Because Georgia borders Florida, and Florida is a “no-fault” state,
people are sometimes confused about auto insurance in Georgia, but
there is no need to be.
Georgia is a fault state. You are about to learn what that means and
how auto insurance works in fault states like Georgia.
By law, motorists in Georgia are required to carry at least this
much liability insurance coverage:
$25,000 for an individual’s injury or death in an accident
$50,000 total for more than one injury victim or death in an
accident
$25,000 of property damage coverag...
What Does It Cost To Hire A Car Accident Lawyer In Georgia?
What does it cost to hire a car accident lawyer in Georgia?
This is a question that personal injury trial lawyers get all the
time, and if you’ve been injured by a negligent driver in a traffic
collision, it’s a natural question to ask.
This will be a brief discussion about the full and complete cost of
pursuing a personal injury claim and hiring a car accident lawyer.
We will discuss the 2 separate components that go into the full cost
to hire a car accident lawyer.
If you are injured by a negligent driver in Georgia, and you retain
the services of an experienced Atlanta car accident lawyer, you
should understand fully – and be entirely comfortable with – the
fees and the fee arrangement.
How Can You Know if You Should Hire an Injury Lawyer?
But if you’re injured by a negligent driver, how can you know
whether or not to retain an attorney? You don’t know what an
attorney will cost, and you won’t know if you’ll recover enough in
compensation to make hiring a...
Most Common Injuries That Stem From Rear-End Car Accidents
Rear-end accidents happen too frequently here in the Metro Atlanta
region, and anyone could be seriously injured in one of these
collisions.
Are you and your family at risk? How badly can you be injured in a
rear-end collision? And if you are injured by a negligent driver in
a rear-end collision, how can a car accident lawyer in
Atlanta help?
What Injuries Are Common in Rear-end Accidents?
Across the U.S., the most frequently-reported injuries sustained in
rear-end vehicle accidents are:
multiple broken ribs and bones
physical disfigurement
partial or complete paralysis
whiplash
spinal cord injury
traumatic brain injury (TBI) and other injuries to the head
What About Fender-benders and Other Collisions at Low Speeds?
Some rear-end collision victims and their families are now compelled
to spend millions of dollars every year for long-term medical care,
rehabilitation, and therapy.
That’s because even at low speeds, rear-end crashes can cause
devast...
Car Insurance Claim Denied? (Here’s What You Need To Do)
After you’ve purchased and paid for an auto insurance policy, what
can you do if you file an auto insurance claim and that claim is
unfairly denied?
Georgia state law offers considerable protection to auto insurance
policyholders and to third parties who may also be covered by some
auto insurance company’s policies.
If an auto insurance company fails to satisfy its responsibility to
you – if you are victimized or targeted by “insurance bad faith” –
an experienced Cumming car accident attorney can help.
What is Insurance Bad Faith?
When an auto insurance company sells you a policy, the company
assumes particular duties, including a general overall duty to
continue to do business with you in good faith.
When you file a claim, an auto insurance company’s bad faith
practices may include:
failing to investigate the accident promptly and thoroughly
delaying action on your claim by always asking for more details
denying your claim or offering you o...
What Happens If Someone Gets In An Accident While Driving Your Car?
What happens if someone gets in an accident while driving your car?
Who is liable in a car accident: the owner or the driver?
How will the insurance company handle your damage claim?
And what if you are injured by the negligent driver of a vehicle who
is not the vehicle’s owner?
Can an Atlanta car accident attorney help?
There’s a lot to consider, but keep reading, and you’ll learn the
answers every driver in Georgia needs to know.
The Importance of Understanding Your Auto Insurance Policy
In the state of Georgia, if anyone other than you drives your
personal vehicle, make certain that you thoroughly understand the
terms and conditions of your automobile insurance policy.
Policies differ, so if you loan your vehicle, you need to know how
your auto insurance works if another driver crashes your car.
Although policies differ in the details, most automobile insurance
policies cover any licensed driver who is living in your household,
unless a driver is sp...
Arm Injuries from Car Accidents
The impact of a car accident can leave you with any number of
serious injuries, including arm injuries, which tend to be
exceptionally challenging. Even if your arm injury is relatively
minor, it can leave you out of commission for a considerable amount
of time while it goes through the painful process of healing. While
your body is constrained by your seatbelt and protected by your
car’s airbags, your arms are more vulnerable to the immense impact
of a crash. If you’ve suffered an arm injury as a result of another
driver’s negligence, don’t delay consulting with an experienced
Atlanta car accident attorney.
The Losses You Experience
The losses you experience if you suffer an arm injury in a car crash
can be immense. The fact is that, regardless of what kind of work
you do, your arms are almost certainly integral to your ability to
fulfill your duties at work. Because arm injuries tend to be painful
and slow to heal – as well as being closely associated with
complicati...
What Is A Total Loss Claims Adjuster?
If another driver has crashed into and totaled a vehicle that you
were driving on a Georgia street or highway, an auto insurer will
make a settlement offer for the total loss. What will you be offered
for a vehicle that is a complete loss? Can an Atlanta car
accident law firm help?
In many cases, it may be less than you think. You may have to reject
the insurance company’s initial offer and negotiate a more
acceptable settlement with a total loss claims adjuster.
Wikipedia defines a claims adjuster as an insurance company
representative who “investigates insurance claims by interviewing
the claimant and witnesses, consulting police and hospital records,
and inspecting property damage to determine the extent of the
company’s liability.”
A claims adjuster identifies the damages that a policy covers and
negotiates settlements with claimants.
If you are seeking reimbursement for a total loss, which insurance
company is supposed to pay you: the other driver’s ...
How Much Can You Get For Pain And Suffering In A Car Accident?
Pain and suffering damages are a part of any injury claim arising
out of a Georgia car accident caused by another driver.
As an Atlanta car accident lawyer, I can tell you that Georgia
law allows you to recover paid compensation and money for your pain
and suffering just like you can recover for your medical bills,
pharmacy bills, lost wages, and other out-of-pocket expenses.
If the driver who caused the wreck has insurance, their insurance
company is responsible for paying you for all of these damages
resulting from the auto accident.
While it is easy to document to the insurance company the total
amount of your medical bills, pharmacy bills, wages you lost from
having to be away from work, and other out-of-pocket expenses by
simply sending them the bills and receipts, how do you document your
pain and suffering to the insurance company or jury?
How do you know how much your pain and suffering is worth? And what
exactly are pain and suffering damages anyway? Let’s wa...
Traffic Collisions Decrease Due to These 4 Tech Features
New car safety features are reducing the number of crashes,
injuries, and fatalities on roadways throughout the United States.
Many of these safety features incorporate new technologies that were
unheard of even a few years ago. Four of the top new technologies
that are helping to set the standard for crash avoidance include:
Forward Collision Detection
This safety feature is aimed at preventing front-to-rear or head-on
collisions. Warning systems alert the driver if a forward collision
is about to happen. Automatic emergency braking and brake assist
systems make sure the brakes are applied in time and with enough
force to minimize a collision.
A study from the National Safety Council concluded that in vehicles
with advanced driver safety systems, these technologies:
Reduced front-to-rear crashes by 50 percent
Decreased front-to-rear crashes with injuries by 56 percent
Reduced insurance claim rates for damage to other vehicles by 13
percent
Decreased claim rates f...
Things to Know When Hiring a Car Accident Lawyer
There are a lot of different variables that go into recovering from
a car accident. Immediately, both sides often go into investigation
mode. Not always, as the other party can admit that they were at
fault for the accident. This isn’t as common, as no one wants to
admit that they caused the accident which in turn caused injury
and/or damage. Even if they have insurance, their insurance company
may try to pin the accident on you.
Even if the other party admits to being at fault, it’s not so cut
and dry. Their insurance company will try to give you a lowball
quote to pay you as little money as possible. This is when you would
enter a negotiation phase where you would send them a quote you
think is fair. This can be a long process and made even longer by
the fact that you might be injured and out of work. You might decide
that it is time to bring an attorney into the fray.
Experienced attorneys are great at helping their clients recover any
losses that came about due to an a...
What To Do After Being Rear-Ended in Atlanta, Georgia
Rear-end accidents are one of the most dangerous types car accidents
that can happen. Often, the driver in the lead vehicle is unaware
that a collision is about to occur and can do nothing to try and
avoid the accident or brace him or herself for an impact. Rear-end
accidents have the potential to cause serious injuries that could
result in expensive medical treatment, lost income, pain and
suffering, and costs associated with rehabilitative care. As a
result, victims of rear-end rear end accidents may be able to
recover significant compensation from the party responsible for
their injuries.
Generally speaking, the driver in the car that struck the other car
from the rear is at fault for a rear-end accident. A Georgia statute
requires that drivers always maintain a safe distance from vehicles
in front of them. As a result, if a car hits another from the
rear it can be presumed that the driver did not leave enough space
between themselves in car in front of them. As in all perso...
What is the Statute Of Limitations On Car Accident Injury Claims In Georgia?
Deadline To File After A Car Accident In Georgia
Why It Is So Important
The deadline to file a lawsuit in Georgia after a car accident is
called the statute of limitations. As our Lawrenceville car accident
attorneys will discuss in a moment, there are two different
claims in an auto accident case, each with their own statute of
limitations.
The statute of limitations for your claims after an accident are so
important because if you do not get your lawsuit filed by the date
of the statute of limitations, you forever lose your rights to
pursue the at-fault party(s) for your injuries or property damage.
What Is The Car Accident Statute of Limitations?
As mentioned above, there are two claims in Georgia after a car
accident caused by the negligence of another driver: 1). Property
damage claim; and 2). Personal injury claim. Each of these has
a separate statute of limitations governing when a lawsuit must be
filed before forever losing that claim:
Property Damage Claim Deadli...
Georgia’s Auto Insurance Laws
In 2015, more than 385,000 traffic accidents – over a thousand
crashes a day – were reported in the state of Georgia, according to
the Governor’s Office of Highway Safety. More than 19,000 people
sustained serious injuries in those crashes, and more than 1,400
sustained fatal injuries.
With those disconcerting numbers in mind, you need to know what
recourse you have if you or someone you love is injured by a
negligent driver in this state and how an Atlanta car accident
attorney can help.
If you are injured in a traffic accident in Georgia because another
driver was negligent, you are entitled under the law to complete
compensation for all of your accident-related medical expenses, lost
income and lost earning capacity, and more.
However, being “entitled” does not mean that your compensation will
automatically appear in your mailbox or your checking account.
To obtain the compensation that is legally yours, you will have to
prove that you are a victim of ...
Were You in an Auto Collision While Pregnant?
The impact of even a relatively minor car accident can be
exceptionally dangerous, and if you’re pregnant, you face
considerable risk not only to yourself but also to your unborn
child. If another driver’s negligence causes you, your unborn baby,
or both of you to be injured in a car accident, you are entitled to
hold the driver responsible by filing a car accident claim, and
having an experienced Georgia car accident attorney on your side is
well advised.
When the Accident Occurs
The earlier you are in your pregnancy, the better protected your
unborn child is. During the first trimester, for example, your child
is well protected from the impact of a crash, but if you are
seriously injured, it can directly affect your unborn child’s
health. The second semester offers some protection to your unborn
child, but by the time you are in your third trimester, your unborn
baby is extremely vulnerable to the impact of an accident. No matter
when the car accident happens, ho...
A Miranda Warning From Our Attorneys For Car Accident Victims
You Have the Right To Remain Silent…A Miranda Warning for Car
Accident Victims
If you have watched any of the cop shows or legal dramas that have
been on the air over the past several decades then you are likely
familiar with what is known as the “Miranda Warning” that is read to
criminal suspects usually right after they are arrested (at least on
TV). It generally goes something like this:
“You have the right to remain silent. If you give up the right to
remain silent, anything you say can and will be used against you in
a court of law. You have the right to an attorney. If you
cannot afford an attorney, one will be appointed for you prior to
any questioning.”
The Miranda Warning has been around since the 1966 landmark United
States Supreme Court case of Miranda v. Arizona. In that case, the
United States Supreme Court decided that the Constitution required
that before the police can interrogate a suspect in custody they
must advise or warn them of their constitut...
Renting a Car After An Accident
If your car has been damaged or totaled in a car accident that was
caused by another driver’s negligence, the matter of your own
transportation becomes a serious concern. Whether your car needs to
be repaired or you need to purchase a new one, you will likely need
to rent a car in the interim, and the expense can be hefty. The
matter of who is on the hook for the cost of your rental is of
primary importance, but an experienced Georgia car accident attorney
can help you favorably resolve this issue.
Paying for the Rental Car
If you’ve been in a car accident that was caused by someone else,
that driver’s insurance should cover your rental car. You can begin
by directly initiating a claim with the other driver’s insurance
provider. The adjuster handling your claim will let you know if the
other driver’s policy covers car rentals, which most do, and will
advise you regarding the next steps.
Some insurance companies allow rental car companies to bill them
direc...
Getting Rear-Ended While Stopped
Rear-end accidents are one of the most common types of car crashes
on our roadways, and they are exceptionally dangerous. The person
who is rear-ended is often at a stop at the time of the accident,
which generally indicates a serious level of distraction on the part
of the rear driver. If you are in the unfortunate position of having
been rear-ended while stopped, it’s time to reach out to an
experienced Georgia car accident attorney.
The National Statistics
The National Transportation Safety Board (NTSB) reports on just how
common – and dangerous – rear-end accidents are with the following
statistics:
Over the course of a recent year, nearly half of all the two-vehicle
traffic accidents were rear-end accidents.
Every year, rear-end accidents claim the lives of about 1,700
people.
In 2020 alone, rear-end accidents killed approximately 3,000 people,
which translates to 17.1 percent of all fatal accidents that year
(National Safety Council).
The ...
Is Lane Splitting Legal in Georgia?
If you have been on a busy street and seen smaller vehicles, such as
motorcycles, passing through the traffic, you may wonder if this is
legal. While motorcycles may be tempted to make their way around the
traffic by fitting between the cars or lanes, motorcyclists must be
aware of the laws and what is allowed in the state that they are
driving in. In this article, the motorcycle accident lawyer at
Spaulding Injury Law will go over lane splitting and answer whether
it is legal in Georgia.
What Is Lane Splitting?
Lane splitting is when a motorcycle, bicycle, moped, or other small
vehicle passes other vehicles by going into the area between the
lanes. While any type of smaller vehicle may help lane split,
motorcyclists are the most common driver to be seen doing
this.
Motorcycle drivers who participate in lane splitting may do this
regardless of if the lanes are going in the opposite or same
directions. Some motorcyclists believe that there is an imaginary
temporary l...
Car Seat Laws in Georgia
Being in a car accident can impact your life in many ways, and when
a child is involved, the potential for tragic injury or death is
even more terrifying. To protect children from harm, states have
enacted car seat laws. Some children are too small to be properly
protected by seat belts, and seat belts designed for adults might
even cause additional injuries to small children. Car seats provide
the safety they require to reduce the risk of injury or death in an
accident.
If you have been injured in an accident caused by someone or
something else, you could be entitled to compensation for your
damages. When your child is injured in a car accident, and your
family incurs losses, you should learn about your rights to file a
claim on their behalf, especially if they are young.
Following car seat laws is the best way to prevent injuries to your
child, though you cannot always avoid accidents and injuries, no
matter how safe you might be. If someone else causes injuries to
your ch...
Can You Go to Jail for Driving Without a License?
One requirement to operate a motor vehicle in Georgia is to have a
valid driver’s license. If a driver operates without a license, they
can face criminal charges in some situations, as well as civil
liability for any accidents they cause.
If you suffered injuries in an accident because someone else was
driving without a license, one of the experienced attorneys from
Spaulding Injury Law is standing by to review your situation and
advise you of your rights to possible compensation. Read on to learn
more about driving without a license in Georgia and how a car
accident attorney in Atlanta can help with your case.
Georgia Has Strict Laws Regarding Driving Without a License
Georgia law considers it a violation if any person drives without a
valid license, whether they never had a license or had one
suspended. The penalty for driving without a license in Georgia
begins with a misdemeanor charge, with the potential of up to 12
months in jail or a fine of $500 to 1,000.
The charg...
What Happens to Your Body in a Rollover Accident?
While every car accident is frightening and dangerous, few are as
terrifying or as deadly as rollover accidents. These death-defying
traffic accidents are often caused when a speeding or otherwise
negligent motorist interferes with another vehicle’s safe passage –
leaving them with no safe choices.
For example, if you’re cut off and have nowhere to go but into the
shoulder at high speed, it can trip a rollover accident. If another
driver’s negligence causes you or someone you care about to be
injured in a rollover accident, you shouldn’t wait to consult with
an experienced Georgia car accident attorney.
Rollovers are More Common Than You Might Think
The National Highway Traffic Safety Administration (NHTSA) conducted
an exhaustive study, which concluded the following:
In a single year, two percent of all cars that were involved in
accidents rolled over.
In that same year, 15 percent of all cars that were involved in
fatal accidents rolled over. ...
What if You Have a Headache After a Car Accident?
If you have been injured in a car accident caused by someone or
something else, you are entitled to compensation for all costs
associated with your injuries. These costs include not only
short-term bills like the emergency room and car repairs, but also
long-term changes to your health, ability to work, and ability to
enjoy your life. A headache after a car accident could indicate a
serious injury to your brain, which might have long-term and
significant effects on your life.
Read on to learn more about what a traumatic brain injury is, how it
might impact your health and ability to work, and how your car
accident attorney from Spaulding Injury Law can help you through
every step of the legal process.
Traumatic Brain Injury is a Serious Condition with Long-Term
Effects
A traumatic brain injury, or TBI, happens when you experience a
bump, blow, or penetrating wound to your head that causes damage to
the soft tissue of your brain. There are many signs of TBIs, and
each vict...
August is Back to School Safety Month
The start of the school month is a hectic time for many households
in Atlanta. Parents will need to juggle work and other obligations
with a demanding school schedule, homework, extracurricular
activities, and more. It can be easy to forget to go over important
safety tips and accident risks with your child. To help keep
children safe, the National Safety Council recognizes Back to School
Safety Month in August.
Getting to School
No matter how your child gets to school, there are risks of
transportation accidents. This includes the following:
Riding the bus - Ensure your child knows how to safely wait at the
bus stop, as well as board and exit the bus, which includes ensuring
the bus driver can see them at all times. Once they are on the bus,
they should wear seat belts (which should be available) and remain
seated at all times.
Riding a bike or walking - Teach your child how to cross streets at
crosswalks and follow traffic signals and crossing guards. Make sure
they alwa...
Georgia’s Most Dangerous Places to Drive
Georgia is a beautiful state with abundant natural resources and
much to recommend it. It cannot be denied, however, that Georgia
sees its fair share of serious car accidents, and some locations are
more dangerous than others – according to national statistics. If
you or someone you love has been injured by another driver’s
negligence, the best course of action is to consult with an
experienced Georgia car accident attorney early in the
process.
The Statistics
The National Highway Traffic and Safety Administration’s (NHTSA’s)
in-depth, five-year study dives into exactly where fatal accidents
are most likely to happen throughout the State of Georgia, and the
findings are enlightening.
Total Fatalities
NHTSA shares the following regarding the Georgia counties that
experienced the most fatalities over the five years from 2016 to
2020 – ranked according to the death rates experienced in 2020:
Fulton County saw the most fatalities by far, and 2020 topped ...
Exchanging Insurance Information After a Car Accident
Collecting compensation for your damages after a car accident begins
with a claim to the insurance company of the driver who caused the
accident. To file this claim, you will need their insurance
information, and they will likely want yours. Georgia law requires
that every driver have a minimum level of insurance, and they should
have their insurance information ready to share should an accident
occur.
Once you have this information, you’ll want to let your car accident
attorney handle all communications for you. To help them get things
started, make sure to collect insurance from the other drivers at
the scene of the accident. Take a photo of their insurance card if
they have a physical one, or otherwise record the information
yourself.
Other Things to Remember
If you have been in a car accident like a rollover, it is important
to first:
Check on the safety and security of the occupants of your vehicle
and call emergency services if any harm is suspected
Move...
Georgia Booster Car Seat Laws
If you are raising a young child in Georgia who you believe does not
need a car seat anymore, you may wonder if you can opt for a booster
seat instead. Of course, you would like to keep your child safe
while also making more room in your vehicle, but you need to ensure
that you are following the laws in your state at all times to avoid
injuries during an accident and traffic violation ticket.
In this article, Spaulding Injury Law: Atlanta PI Lawyer will go
over everything you need to know about using a child's booster seat
in Georgia. We care about your family's safety and want to make sure
that you are aware of the laws and policies within your state
regarding this subject. If you have any further questions that this
article does not answer, please feel free to reach out to our office
by telephone at 770-744-0890.
Motor Vehicle Accidents Involving Children in Georgia
While Georgia has some of the strongest child car seat and booster
seat laws in the United States, it...
What To Do After A Car Accident
No one ever plans to be in a car accident. Because being involved in
a car accident in Atlanta is such an unexpected and stressful event,
it is important to know in advance what you should do at the scene
and afterward to provide your attorney with the best possible
evidence in your case.
Hiring an Atlanta car accident attorney and pursuing a
successful personal injury claim with an insurance company after an
accident requires a lot more than simply filing an insurance claim.
Before an insurance company will write what often is a large check
to pay you for your medical bills, lost wages, and pain and
suffering, they will conduct an investigation to see if their
insured actually caused the accident and if the injuries you are
reporting were actually caused by the accident.
Proving these facts to the insurance requires evidence, and the more
evidence you can give your attorney to provide to the insurance
company, the better your chances are of obtaining full and fair
compen...
How Long Does A Police Report Take?
There are many reasons why you need a police report after your car
accident. You may not be able to move your car following the
accident. The other driver may be intoxicated or uninsured. The
driver may have even left the scene of the accident. Whatever the
case, a police report can benefit your accident in so many ways.
Read on to find out how long it will take to file a police report
for your car accident from the car accident lawyers at Spaulding
Injury Law: Atlanta personal injury lawyer.
How police reports affect your claim
Police officers are used to filing reports for car accidents. They
know how to record the necessary evidence that you'll need to file
your insurance claim. One of the most common issues with car
accident claims is proving liability. The other driver may argue
that you were the at-fault driver of your accident. The details in a
police report can be used to determine who was truly responsible for
the accident.
There is additional information that your law...
One Major Factor of Motorcycle Fatalities in Georgia in 2024
Last week, the Governor’s Highway Safety Association’s annual
reported the numbers for motorcycle fatalities for 2017. The good
news is there was a marked decrease in the number of motorcycle
fatalities in comparison to 2016, with the decrease being 5.6%. Let
our Alpharetta motorcycle accident law firm explain.
What Do These Statistics Suggest?
What I found interesting is one of the three highlights of factors
leading to fatalities in 2017 was the increase in the average age of
the fatalities involved with motorcycle accidents.
The average age rose to 43, and what this study was highlighting was
the aging population of motorcycle riders.
What this study discussed was that a lot of baby boomers are getting
back into motorcycle riding after not riding for decades.
This brings awareness issue for safety, for all of us, even younger
riders that have been riding consistently for years.
The two big factors included a lack of training when these folks are
coming back to...
Georgia’s Helmet Law And Its Affect On Your Injury Case
What is the Georgia Helmet Law For Motorcyclists?
As a motorcycle accident lawyer in Atlanta, I can tell you that
Georgia law requires all operators of motorcycles and those riding
on a motorcycle to wear a regulation compliant helmet at all times
while the motorcycle is moving. Under the law, a compliant helmet
must be what in rider terms is frequently referred to as a “DOT
helmet.” In other words the helmet must met the Federal safety
standard to ensure adequate protection.
Unfortunately, many of the popular, cool looking helmets are not DOT
helmets. Before purchasing a helmet make sure it has a sticker or
other packaging indicating that it meets the Federal safety
standards. If it has a sticker, you are going to want to keep that
sticker on the helmet. If it does not have a sticker, keep some
packaging material that identifies your helmet and reflects that it
meets the requirements.
A violation of Georgia’s helmet law is a misdemeanor which carries
with it a fine of...
Choose the Safest Motorcycle Helmet
As a biker, you want to stay as safe as possible on the road.
Getting the right helmet and taking care of it properly could mean
the difference between life and death. Our Atlanta motorcycle
accident lawyers at Spaulding Injury Law are committed to helping
motorcyclists protect themselves while enjoying the freedom of
riding on the open road.
How to Choose the Safest Motorcycle Helmet
First, choose the type of helmet you prefer. There are three main
types: full-face, ¾, or ½ helmet.
Only a full-face helmet will offer you protection for your chin and
jaw.
Make sure the helmet meets the safety requirements in your state.
The Georgia Department of Public Safety requires that
motorcycle helmets comply with Federal Motor Vehicle Safety
Standard 218, which is the DOT standard. Look for the DOT sticker on
the back of the helmet.
How to Size and Fit a Motorcycle Helmet
Using a soft measuring tape, measure around the circumference of
your head. Go across the forehead jus...
What Are the Most Dangerous Highways in the State of Georgia?
If you live in Atlanta, Georgia, you are no stranger to
dangerous highways. Although the Georgia Department of
Transportation (GDOT) is doing their best to make these roads safer,
it will take time. The following highways are some of the most
hazardous in the state of Georgia, and we urge you to use caution
when using each one. GDOT is taking steps to improve driving
conditions and lower accident and fatality rates, but every driver
is responsible for taking safety precautions and avoiding accidents.
In the event of an accident, an Atlanta truck accident
lawyer can help.
Interstate 85 (I-85)
Spanning 180 miles and running northeast to southeast, I-85 in
Georgia is a busy highway. Fatal crashes average about one every two
weeks. GDOT is working to make I-85 safer by widening lanes and
adding barriers to relieve the traffic flow along the congested
highway.
Interstate 75 (I-75)
5 Helpful Motorcycle Safety Tips
Our motorcycle accident lawyers know that it’s tough to resist the
thrill of riding a motorcycle. They are so much fun to ride!
However, you are considerably more at risk if you do. For most
motorcycle riders, the risk is worth it, but it only takes one
accident to change your life permanently. So, check out these tips
from our motorcycle accident attorneys that will help you
put safety first as you ride.
Don’t Ride in Bad Weather Conditions
Bad weather can take all the fun out of a motorcycle ride. In
addition to that, hazardous road conditions can be dangerous, even
for the most experienced riders. Motorcycle riders are most at risk
right after it starts to rain. Be cautious with your braking,
acceleration, and turns. A slippery road can make it difficult to
break or avoid debris on the road. Avoid riding your motorcycle in
bad weather even if that means taking another form of transportation
or staying indoors until the rain stops.
Drive Defensively
How Slipped Disc Injuries Occur in Motorcycle Accidents
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 int...
Number One Safety Feature ALL Motorcycles Should Have
Alright, in today's video I want to talk about the number one safety
feature that you can either add to your motorcycle for a couple of
hundred dollars or you ought to look to get as a standard feature on
your next bike purchase.
This safety feature was found by the IIHS to reduce fatal accidents
by 37%. It is the number one safety feature, never even thought
about it in my mind until I read this article discussing it.
It's something that we take it such advantage of and don’t even
think about in our regular everyday vehicles and quite frankly, it's
something that's not offered very often on motorcycles.
Back in the day it wasn’t offered at all, now, it's starting to be
offered more and more but we still see it mainly on the higher end
bikes.
But again, it's something so cheap to just add to your current bike
or if you're out there in the market for a new one, see if they have
it as a standard feature or if they'll add it for you cheaply as
part of your purchase.
And that...
Getting Medical Treatment after a Motorcycle Crash
A motorcycle crash is a chaotic event, and it can be difficult to
know what to do afterward. In fact, the days and weeks following an
accident can be filled with uncertainty and concerns, but it is
important to remember that you are not alone. You always have the
guidance of experienced Lawrenceville motorcycle accident lawyers
when you need it.
One important topic we regularly address with our clients is the
importance of receiving the proper medical treatment for their
injuries. In the event you sustain injuries in a motorcycle
accident, keep the following in mind about your own medical
care.
Common Motorcycle Injuries that Need Treatment
Motorcycle accidents are capable of causing extremely serious
injuries, many of which require immediate medical attention.
Importantly, after an accident, it is always a better idea to err on
the side of caution and get checked out. Not only is it important
for your physical well-being, but the insurance company is going to
want to see t...
The Dangers of Rear-End Motorcycle Accidents
Our motorcycle accident lawyers know that riding a
motorcycle always comes with inherent dangers. Any type of collision
can cause serious injuries to a motorcyclist since there is no metal
frame, seat belts, or airbags to protect them from the impact like
in a passenger vehicle. Rear-end collisions1 can be
especially dangerous for individuals riding motorcycles.
A rear-end accident happens when one vehicle runs into the back of
another. This type of accident is considered to be relatively minor
when it involves two cars or SUVs. However, for motorcyclists, this
is one of the most severe types of collisions. If a car runs into
the back of a motorcycle, it often lifts the back wheel of the bike
off of the ground and flips the motorcyclist and the bike forward,
directly onto the pavement. In high-speed collisions, this can even
result in the car then running over the motorcyclist if it cannot
stop in time. On the other hand, if a motorcyclist runs into the
back of a car that sud...
Who Could Be Responsible for Your Motorcycle Crash?
More than 5,000 motorcyclists suffered fatal injuries in crashes
across the United States in 2019, and thousands more sustained
non-fatal injuries that significantly disrupted their lives. If
another party was responsible for causing the crash, the injured
motorcyclist has the right to seek compensation for their losses.
Since the losses from common motorcycle injuries can often be
extensive, it is important to identify all possible sources of
liability, and you should have the help of a trusted injury law
firm.
In many cases, it can be difficult to know which insurance claims or
lawsuits to file without the help of an attorney who has experience
handling motorcycle injury claims. Let our Atlanta motorcycle
accident lawyers evaluate your rights and options as soon as
possible.
Other Drivers
One of the top reasons for motorcycle accidents is negligent conduct
by other drivers. Drivers can engage in many types of negligence
that can injure motorcyclists, including:
Distracte...
How Road Construction Workers Are Injured in Tragic Accidents
Construction is a hazardous profession. Workers regularly suffer
injuries in a variety of accidents, including electrocutions, falls,
bike accidents and much more. Workers who work in road construction
have even more risks to deal with every day. In turn, the workers
are also at risk of causing injury to others in their cars passing
by the construction site. For this reason, road construction
accidents can result in many accidents, and the United States
Department of Transportation Federal Highway
Administration reported that 87,606 car crashes happened
in road work zones in 2010 alone.
Accidents Caused by Motorists
Road construction zones generally have strict safety rules for
passing motorists, including lowered speed limits, yield signs,
redirected traffic, and more. Drivers must take reasonable care to
follow all signs and signals and drive through the work zone safely.
If drivers fail to take appropriate care, they may face serious
consequences, as Georgia law2 allows for ...
4 Ways The Insurance Company Tries To Avoid Paying You After A Motorcycle Accident
In this video, attorney Ted Spaulding lists the four most common
ways the insurance company tries to avoid paying proper amount after
a motorcycle accident in Georgia.
In this video, I'm going to give you the four common ways that
the insurance company tries to avoid paying you a proper amount
after a motorcycle accident.
Hi, I'm Ted Spaulding. I'm an Atlanta personal injury trial
attorney, and I'm the founder here at Spaulding Injury Law: Atlanta
personal injury lawyer.
So what are those four ways? Number one, by trying to get you to do
a recorded statement. I've heard all kinds of lies that adjusters
give to people to try to get them to do a recorded statement. Don't
do it, not with the at-fault party's insurance company, certainly.
Number two, they try to get you to settle early, all right? They
throw $1000, $2000 at you within 24 hours of the wreck. Why? They're
trying to do this before you potentially find out you're severely
injured and your claim is worth a lo...
Are Motorcycle Helmets Required In Georgia
In this video, attorney Ted Spaulding answers whether or not a
helmet is required when driving a motorcycle in Georgia.
Are motorcycle helmets required in the State of Georgia? Keep
watching this video to learn the answer to this all-important
question. Hi, I'm Ted Spaulding. I'm an Atlanta personal injury
trial lawyer. And I'm the founder here at Spaulding Injury Law:
Lawrenceville personal injury & Car Accident Lawyer. So this is
an easy one. Yes, Georgia law requires you to wear a helmet. If
you're a passenger on a motorcycle, you're required to wear a
helmet. But it goes beyond that. Georgia law says you must follow
federal law. So, we are talking federal motorcycle helmet law, which
is DOT-compliant helmets. So, it is not enough just to be wearing a
helmet, you must wear a DOT-compliant helmet. So, you need to make
sure you're wearing one. Be mindful of those novelty ones out there
that have the little DOT sticker that are not DOT-compliant helmets.
That will come out if...
Do you need to have a windshield on your motorcycle in Georgia?
In this video, attorney Ted Spaulding answers whether or not a
windshield is required when driving a motorcycle in the state of
Georgia.
Is it against the law to not have a windshield on your motorcycle in
the State of Georgia? Keep watching this video to find out the
answer to this all-important question to stay legal on the roads in
Georgia. Hi. Ted Spaulding, founder, trial lawyer here at Spaulding
Injury Law. So the code section you're wanting to look at is 46-315,
subsection B. The answer to the question is no but there is a big
exception to that no. If you don't have a windshield, you must wear
eye protection at all times. So goggles, appropriate sunglasses, got
to have that at all times. You can be pulled over and ticketed if
you don't have a windshield and you're not also wearing your eye
protection. So that's the nuance there. That was a question from my
motorcycle Facebook group. Thanks for the question. So stay legal
out there, guys. Windshield or eye protection, one...
Georgia’s Motorcycle Helmet Law and How It Affects Your Claim
In this video, attorney Ted Spaulding explains the laws around
motorcycle helmets in Georgia and how your claim could be affected.
Georgia's Motorcycle Helmet Law and How It Affects Your Claim. Hi.
I'm Ted Spaulding. I'm an Atlanta personal injury trial lawyer and
I'm the founder here at Spaulding Injury Law. So this video answers
the question well what is Georgia's helmet law and how does it
affect your personal injury claim? So this one is very interesting,
why? Because we have laws on the books in other areas that say you
can't use this kind of evidence against a personal injury victim but
yet we don't have that coverage for motorcycle riders. What do I
mean? For instance, it's the law that you have to wear a seat belt
but if you're not wearing a seat belt and you're injured by someone
else even if wearing the seat belt could be proven to have lessened
your injuries, you cannot use that as evidence in court. So it never
comes to the jury's attention that you are not wearing yo...
Common Injuries Suffered by Motorcycle Accident Victims
Our Lawrenceville motorcycle accident law firm knows that accidents involving any type of motor vehicle have the potential to cause severe injuries. However, some forms of transportation are riskier than others. People who ride motorcycles are often at a high risk of suffering particularly serious injuries in the event of a collision. This is because a motorcyclist does not have the large metal shell of a vehicle around him to protect him from other cars or objects with which he may collide. Additionally, because there are not safety restraints, motorcyclists are often thrown from their bikes. Hitting the road or even skidding across the road can not only cause injuries at the points of impact, but also place them in danger of being hit by oncoming traffic or other motor vehicles. As you can imagine, motorcyclists often sustain serious injuries in accidents and 4,957 motorcyclists died1 from their injuries in 2012 alone. If you have been injured in a motorcycle crash, contact a ...
How To Get The Police Report After a Wreck
In this video, attorney Theodore Spaulding explains what steps are
needed to obtain the police report after a motor vehicle accident in
Georgia.
How to obtain the police report after a car accident? Hi, I'm, Ted
Spaulding. I'm an Atlanta personal injury trial lawyer, I'm the
founder here at Spaulding Injury Law: Lawrenceville personal injury
attorney. So, this is always the first step for us. When we take on
a new case, we need to see the police report. So, we ask our
clients, do you already have the police report? Oftentimes they do.
If they don't, how do you get it? Well, there's several ways to get
it, but there's certainly easier ways to do it than others. One, if
it's a local police department or sheriff's office very close to
you, you can go down there and pick it up. Nowaday, it's taking a
good four to seven days for these to be ready. So, you would want to
call in advance, make sure it's ready, then go down there, pick it
up. Oftentimes when you do it that way, it's fre...
A Motorcycle Safety Tip from Ted Spaulding
In this video, attorney Ted Spaulding reviews one of his top
recommendations for safe motorcycle riding.
Hi, Ted Spaulding here. Listen, the other day I had the honor and
privilege of talking to a real motorcycle safety expert. I like to
say I play one on TV, right? I try to do my best to give safety tips
that I hear about, know about, have come across in my legal career
helping motorcycle injury victims in Lawrenceville, Alpharetta, and
Cumming, but I don't know everything. And certainly most of us out
there riding motorcycles don't know everything. And that was the
point of what he said, what I captured out of everything that we
talked about, was this overarching theme that he had, which is,
don't rest on your laurels.
Don't get cocky, don't think you know everything, you've seen
everything, you know how to handle every situation. Why? His point
was, look, at best, you're gonna come up on new situations or novel
situations once or twice, or maybe three times a year, right?...
No Helmet Motorcycle Accident Claim
In nearly every state, wearing a helmet is required for certain
motorcycle riders. While Georgia law requires all motorcycle riders
and passengers to wear helmets, failure to do so will not
automatically prevent you from taking legal action if you were hurt
in a crash caused by someone else.
In fact, under Georgia’s “modified comparative fault” law, you can
still recover compensation from a negligent party, as long as you’re
considered less than 50 percent at fault for the accident. However,
your financial reward may be reduced by the percentage of fault
attributed to you.
If you were injured in a motorcycle accident and weren’t wearing a
helmet, the Atlanta motorcycle accident attorneys of Spaulding
Injury Law can walk you through your legal rights and options for
compensation during a free case evaluation.
Are Helmets Required When Riding a Motorcycle in Georgia?
Georgia law requires all operators and riders of motorcycles to wear
helmets that meet the standa...
What Do Motorcycle Accident Attorneys Charge
In this video, attorney Ted Spaulding explains how motorcycle
accident attorneys determine rates during a personal injury case. He
details the two main variables and how they will affect you.
What do motorcycle accident attorneys charge? Keep watching this
video to find out the answer to this question.
Hi, I'm Theodore Spaulding. I'm an Atlanta personal injury trial
lawyer, and I'm the founder here at Spaulding Injury Law. So this
question is an all-important one when you are hiring an attorney. So
you need to be careful because you see a lot of commercials out
there, billboards and things saying, "No fee unless you
win," or "You owe nothing unless you win." But that's
not the whole story so be very careful.
Motorcycle accident claims and cases are a large component of our
practice here at Spaulding Injury Law. So one of the questions we
always get is so what is owed? What is charged by the attorney to
handle these cases? So it's two components. It is the attorney's
fees, w...
A Motorcycle Safety Tip from Ted Spaulding
In this video, attorney Ted Spaulding reviews one of his top
recommendations for safe motorcycle riding.
Hi, Ted Spaulding here. Listen, the other day I had the honor and
privilege of talking to a real motorcycle safety expert. I like to
say I play one on TV, right? I try to do my best to give safety tips
that I hear about, know about, have come across in my legal career
helping motorcycle injury victims in Lawrenceville, Alpharetta, and
Cumming, but I don't know everything. And certainly most of us out
there riding motorcycles don't know everything. And that was the
point of what he said, what I captured out of everything that we
talked about, was this overarching theme that he had, which is,
don't rest on your laurels.
Don't get cocky, don't think you know everything, you've seen
everything, you know how to handle every situation. Why? His point
was, look, at best, you're gonna come up on new situations or novel
situations once or twice, or maybe three times a year, right?...
No Helmet Motorcycle Accident Claim
In nearly every state, wearing a helmet is required for certain
motorcycle riders. While Georgia law requires all motorcycle riders
and passengers to wear helmets, failure to do so will not
automatically prevent you from taking legal action if you were hurt
in a crash caused by someone else.
In fact, under Georgia’s “modified comparative fault” law, you can
still recover compensation from a negligent party, as long as you’re
considered less than 50 percent at fault for the accident. However,
your financial reward may be reduced by the percentage of fault
attributed to you.
If you were injured in a motorcycle accident and weren’t wearing a
helmet, the Atlanta motorcycle accident attorneys of Spaulding
Injury Law can walk you through your legal rights and options for
compensation during a free case evaluation.
Are Helmets Required When Riding a Motorcycle in Georgia?
What Do Motorcycle Accident Attorneys Charge
In this video, attorney Ted Spaulding explains how motorcycle
accident attorneys determine rates during a personal injury case. He
details the two main variables and how they will affect you.
What do motorcycle accident attorneys charge? Keep watching this
video to find out the answer to this question.
Hi, I'm Theodore Spaulding. I'm an Atlanta personal injury trial
lawyer, and I'm the founder here at Spaulding Injury Law. So this
question is an all-important one when you are hiring an attorney. So
you need to be careful because you see a lot of commercials out
there, billboards and things saying, "No fee unless you
win," or "You owe nothing unless you win." But that's
not the whole story so be very careful.
Motorcycle accident claims and cases are a large component of our
practice here at Spaulding Injury Law. So one of the questions we
always get is so what is owed? What is charged by the attorney to
handle these cases? So it's two components. It is the attorney's
fees, w...
Why Motorcycle Accident Cases Can Be Difficult
In this video attorney Ted Spaulding reviews what makes motorcycle
accidents a unique type of personal injury case, and what challenges
they can present. He includes details regarding the legal process in
Georgia and what complexities can arise.
Hi, I'm Ted Spaulding. I'm an Atlanta personal injury trial attorney
and I am the founder here at Spaulding Injury Law: Lawrenceville
Personal Injury & Car Accident Lawyer. So this is an important
question because it's something that I go through with each of my
clients that have been in a motorcycle wreck, to steer them to what
might transpire in their case.
So motorcycle accidents can be difficult because there's a unique
difference that defense attorneys and insurance companies like to
try to use to their advantage to keep verdicts as low as possible in
motorcycle accident cases. And the reason for this is oftentimes,
motorcycle accidents that are being tried to juries, there's huge
damages. People have severe injuries after m...
Is Laying Your Bike Down Proper Technique?
Today, I wanted to talk about a topic I saw go around about a week
ago. I thought it was good for us to get it out there to discuss it
further. I found it quite interesting and looked it up to make sure.
What is it about? It’s about whether laying your bike down to avoid
a wreck is the proper technique to use. And the answer to that
question is technically no. All of the safety programs and safety
experts say you should not have to lay down your bike to avoid a
wreck.
Should You Lay Down Your Bike To Avoid An Accident?
I know that’s this is a bit controversial, even for myself, because
I’m saying, “Well, there could be situations where that might be
beneficial.” I certainly have seen it in my practice where, in some
cases, if it hadn’t been for someone laying his bike down, he would
have been dead.
So, there are certainly exceptions to any rule, including this one.
But the reason why I’m talking about this is the reasoning behind
it. It reinforces some things t...
Should Motorcyclists Use Hand Signals?
As a Lawrenceville motorcycle lawyer, I want to talk about a
safety tip that is good to incorporate into your daily riding
habits.
It’s one that you don’t normally think about, especially in
this day and age with the bikes that are coming out with safety
features like better lighting, hi-def signals, etc.
We Already
Have Turn Signals, Why Should We Use Hand Signals?
I think we’re growing more reliant on turn signals than in the past.
The point of this safety tip is that we have to realize that riders
are not visible to the general driving community, especially now
with smartphones and things like that.
Anything that you can incorporate to make yourself more visual is a
good tip to take. And this is a simple, easy one. It doesn’t cost
anything.
The more you can put that into your habit, the better and safer
you’ll be on the road. The safety tip is using hand signals along
with your turn signal.
Can Hand Signals Increase Your Visibility?
When you’re going off...
Proper Positioning Of Your Bike at an Intersection
Today, I want to talk about the proper positioning of your bike at
an intersection. Hopefully, most of you know that positioning is a
huge part of staying safe while riding. What we’re talking about is
proper positioning of your bike within your lane.
I’ve briefly talked before about positioning your bike properly as
you’re driving. Now, I want to talk about how to position it as
you’re approaching an intersection. What position should you aim for
as you are thinking of that intersection and where you’re going to
wind up?
What’s The Best Position?
There are obviously unlimited positioning options within a lane. But
the best way to talk about it is using the “third”
method. When you look at the lane, you’ve got the middle
third, you’ve got the right third, and you’ve got the left third.
Which position should you be in as you approach that intersection?
What should you be thinking about?
Consider These Factors
First of all, you’ve got to think about thi...
Motorcycle Lane Splitting vs Lane Filtering
Recently the state of Utah just passed a lane filtering bill. I’ve
gotten several questions asking “Do we have bills that are currently
working its way through Georgia on lane splitting and where are we
with that process?” My understanding is this is a big issue here in
Georgia.
As a Savannah motorcycle lawyer, I don’t believe they
have proposed anything yet, but I believe it is on the agenda. They
are advocating for lane filtering, just like the bill in Utah, not
lane splitting.
What’s The Difference Between The Two?
Once you think through it and understand the difference, you can see
why lane filtering has much more support from non-motorcycling
communities. m. To me, lane splitting, while I understand the
potential benefits of it, given the fact of the dangers out there
because of our four-wheeled brethren, I think it’s too dangerous.
So what’s the difference? Lane splitting is where you split two
lanes of traffic going in the same direction. Think of being...
What Are Georgia’s Rules About Modulating Headlights?
If you are a biker, you may have some questions about modulating
headlights. Luckily, our Atlanta motorcycle accident law
firm can help.
So, does Georgia law allow modulating headlights? And if so, what
are the parameters of the law with regard to it?
The answer to that question is really simple. Georgia has absolutely
no statute regarding modulating headlights. It does not say they’re
allowed or disallowed.
Remember, the only Georgia law that we have is that headlights have
to remain on at all times. Does that mean modulating ones need to on
at all times? That’s up to debate. I would say yes, it does.
What Are The Federal Laws About Modulating Headlights?
Because there is no Georgia statute, it is best to follow the
federal law, which is found in Section 517.108. This statute has a
whole list of requirements of what your modulating headlights can
and can’t do.
Always make sure the lights are compliant or not. There are a lot of
technicalities. One of them is t...
Cornering and Traction
Today, my Savannah motorcycle accident law firm wants to talk about cornering and specifically traction. I know it’s a big issue among motorcycle riders and it came up for me recently with the loss of a Mr. Sharp. He’s the individual that I posted about who lost control of his bike on the dragon. He was an experienced rider, and I don’t know exactly the particulars of what happened, but I can imagine traction and cornering had something to do with him potentially losing control of his bike. Therefore, I wanted to provide some tips on cornering and traction. Some of this information will be getting rid of those myths and things that people often are concerned about. In fact, I think these myths sometimes get into your head and can cause you to lose confidence in cornering. All About Traction Traction is the amount of road that your tire in essence absorbs. Your tire’s rubber and if you notice on the road, if you run your hand over it, the road’s not smooth. It?...
Handling A Motorcycle Property Damage Claim
As an Alpharetta motorcycle accident lawyer, I want to give you
guys some legal tips to think about when handling motorcycle
property damage claims. Typically, we handle these cases free of
charge as part of representing the injury side of a motorcycle
wreck.
We will get involved when the client can’t resolve the property
damage claim on their own. We see a lot of the issues that arise
with the property damage claim and specifically with motorcycles,
which are often treated differently than four-wheeled vehicles.
Who’s Insurance Should I Use When Filing A Property Damage
Claim?
The number one question that I always get is whose insurance should
I use? Should I file the property damage claim and pursue it with
the at-fault party’s or mine?
That question is a difficult one because you can do either, but I
always suggest to give it a week or two to try to work with the
at-fault party’s insurance company. You need to see if they’re going
to treat you right.
The rea...
Riding Your Motorcycle Safely In The Rain
We’ve had a ton of rain over the past 3-4 months in the state of
Georgia and in particularly in Atlanta.
These tips my motorcycle accident law firm will provide
are timely, especially now that we’re getting close to spring in the
next couple of months and will have some more rain our way.
Be As Visible And Attentive As Possible
You have to remember you’re not as visible to drivers, especially in
the rain and even fog. This means you’re going to be even less
visible to our four-wheeled brethren out there. For that reason, you
have to be very careful and attentive when riding in the rain.
Slow Down
During the rain, you want to slow down, not because of what you
think, which is losing control or slippery roads. The real reason is
that since you are not as visible in the rain, slowing down will
help you not be more visible, but it’s going to help you be more
attentive to other drivers on the road, especially when you’re
coming to stops.
Maintaining Proper Gap Between Motorcycle And Vehicle In Front
As you can imagine, my Lawrenceville motorcycle crash law
firm has seen almost everything when it comes to representing
motorcycle riders after being injured in an accident.
That being said, this blog is a reminder to keep an appropriate gap
between you and the vehicle in front of you when you’re stopped at
stop signs and stop lights. You want to have enough room between you
and the vehicle in front of you so you can maneuver at the last
minute to avoid getting crunched.
Using This Tactic To Avoid Collisions
We’re mainly talking about a rear-end collision with the vehicle
approaching from behind, but also cars that are coming in the
opposite direction. Someone loses control and not paying attention
goes over the center line.
You want to have room so you can maneuver to the right or left to
avoid a collision. What you’re trying to avoid is being crunched in
between the two vehicles.
I’ve had several of these cases where the biker’s not doing anything
wrong in t...
Braking And Cornering: A Refresher For Staying Safe
As a Cumming motorcycle law firm, I want to start with a story
that I saw all online, and it’s about a guy who had recently got
back into riding bikes. He was a big bike rider in the ’70s and was
out of it for about 20 years.
He comes back to motorcycle riding, buys a Honda 1300 cc bike, and
he starts riding it. He notices every time he is cornering, he’s
starting to lose traction, the bikes vibrating, and he feels like
he’s about to fall off the bike.
It happens over and over again to the point where he thinks there’s
something wrong with the bike, and so he trades it in and stops
riding bikes. He later comes to find out it had nothing to do with
the bike at all.
This story is a good reminder to those that are veteran riders, but
also guys like this one who are getting back into the game or our
new motorcycle riders.
How To Stay Safe When Braking And Turning
Number one, you want to try to do as much of your braking into the
turn not during the turn. That’s w...
What Is Diminished Value in Georgia?
The Right Law Firm for Your LawrencevilleVehicle Accident Case
When you need legal assistance with your vehicle collision claim,
look no further than Spaulding Injury Law: Lawrenceville Personal
Injury Law. We have achieved successful results for past clients
injured in car collisions, including:
Settled a case for $$350,000. Rear-End Wreck.
Settled a case for $50,000. Low-Impact Car Accident Case.
Settled a case for $425,000. Motor vehicle accident, drunk driving.
Our legal team is dedicated to getting fair results for every client
we represent, and we never back down from insurance companies. When
you work with our firm, you can expect the highest quality of
representation, personalized and effective service, and stress-free
handling of your vehicle collision injury claim.
If you are involved in a traffic collision, and if you file a
property damage claim to have your vehicle repaired, you may be
leavi...
Is Biker Profiling An Issue?
As a Savannah motorcycle lawyer, there’s a certain issue that
we are aware of in the motorcycle community, and it is biker
profiling. However, there’s a particular angle to this profiling of
bikers that is most of what we see in the field, and that is
profiling by police officers and other government entities and
assuming all bikers are in gangs.
The Profiling Issues That Bikers Deal With Daily
For example, If you’re in a motorcycle club, that means you’re a
gang member. While profiling for bikers is an important issue, I
think there’s an even more subtle form of profiling that’s going on
with motorcycle riders.
Here are some specific examples that have me so agitated right now.
Unfortunately, motorcycle riders have to police themselves and do
everything they can to project an image to the general public that
helps with this profiling concept.
What I’m referring to is this subtle underlying theory, if you will,
by the general public that doesn’t ride, those ...
Why Cameras Are Important Safety Features On Motorcycles
As a Savannah motorcycle lawyer, with every single motorcycle
wreck case that I’ve received, we’ve got an at-fault party who’s
dead to rights at fall. Yet, they are jumping out screaming to the
hilltops and to the cops that they aren’t at fault. The motorcycle
rider must’ve done something, didn’t have headlights on, must have
been speeding, etc.
I had one case where the other driver had no clue what happened and
was shouting out to the cop, “Oh, he must have been drunk.” So, they
test my client, and he wasn’t drunk.
Why All Motorcycles Should Come With Cameras
Out of that frustration, this got me thinking a little bit more, but
it seems to me that what should come as standard equipment on all
motorcycles at this point our cameras. They could even be go-pros
that are on the front, on each side, and on the back, and they
should automatically start recording when you turn that key.
This would help capture these wrecks where people are driving
around, not payi...
Georgia Lemon Law And Motorcycles
Georgia’s Lemon Law is another example of how motorcycle riders are
treated differently than ordinary, four-wheel vehicles and the
general public, not only by the public but also in the law itself.
Keep reading to see what our Cumming motorcycle
lawyers think about the subject.
What Is Georgia’s Lemon Law?
Now, I’m no lemon law expert. I do not practice lemon law, but what
I had found a surprising is in Georgia, the lemon law specifically
excludes motorcycles, no rhyme or reason to it.
Lemon law applies to all other four-wheel vehicles and specifically
excludes motorcycles, which I found quite shocking. Obviously, this
has some big ramifications.
Recalls Vs. Lemon Law
I was talking to a member of my Facebook group a few months ago
about the video I had done regarding the Harley Davidson a recall
that was the clutch recall. We got into a little bit of discussion
of the difference between a recall like that that surrounds a
manufacturing defect and lemon la...
Does Georgia Need To Change Their Helmet Laws?
I’m going to talk about a heated debate that I recently had about
the ever-controversial helmet issue. The other party said to me that
he thought that the Georgia helmet law ought to go to the Texas
model, and perhaps modified a little bit.
First, let me tell you what the Texas model is, and then I’ll tell
you what my response was as a motorcycle accident attorney.
Texas helmet law says anyone under 21 has to wear DOT-approved
motorcycle helmets. If you’re over 21, you don’t have to wear a
helmet, and therefore it’s not against the law to not wear one if
you do one of two things: you take a safety course or you have
medical insurance of at least $10,000.
So that was his response, “Hey, we ought to make it free will and
require riders to have a certain amount of coverage and then they
can make the choice,” and I understand that. Being probably more of
a libertarian politically, I don’t want the government telling...
How To Take Care Of Your Bike During The Winter
It’s the end of the riding season, and I know a lot of you like to
put your bike up for the winter. Therefore, my Cumming
motorcycle accident law firm wants to provide information on
how best to winterize your bike.
There are two ways to do it. You’ve got the minimum that you ought
to do, and you’ve got the “Cadillac way,” as I call it, to winterize
your bike.
What Is The Minimum Care You Should Give Your Bike?
First off, don’t just put it in the garage, kickstand down, throw a
sheet over it, and be done with it for the season. You’re going to
get to spring and probably have a couple of issues if you do that.
There are two things you’ve got to do for the minimum proper
winterization of your bike. It’s looking at two things, one, the
battery and two, your full fuel system.
Checking The Fuel System
Most of you have fuel injection systems on your bikes, and if you
do, all you have to do with your fuel system is top it off with gas,
put in some fuel stabili...
Are Streets Safer Than Highways?
In this blog, I want to discuss another motorcycle safety
myth. The myth that I have for you today is that streets and
roadways are safer than the highway for motorcyclists. As an
Atlanta motorcycle accident attorney, I have to tell you
that it’s an absolute myth. There was a study several years ago that
showed that 91% of motorcycle vs. passenger vehicle accidents
occurred on back roads in neighborhoods, everywhere other than the
major highways in Georgia and the rest of the United States.
You are not safer on the back roads vs. the highways, and it makes
sense. We know from earlier studies that the number one cause of
motorcycle wrecks is a left-hand turn across the lane that the
motorcyclist is in, either striking him or her on the side or just
going in front of the motorcycle, T-boning the vehicle. Those happen
on our back roads here in Georgia, not on the highway.
Why Are Highways Actually Safer?
It’s safer on the highway because the speeds are typically pretty
ste...
Harley Recall Information Motorcyclists Should Know
This blog is for my Harley Davidson riders, but it’s a good reminder
in general to be monitoring recalls. As motorcycle accident
lawyers, I know that you’re supposed to be getting recall
information in the mail, sometimes by e-mail as well, but it’s
always good to monitor these types of things through discussion
boards, or on the internet.
You may have already heard about it, but this recall is affecting
about 238,000 Harley Davidson bikes between 2017 and 2018 models,
and it’s yet again another clutch issue with Harley Davidson. If you
recall, there’s been several clutch recalls in the past, not these
specific models necessarily, but other models in the past. So,
Harley Davidson has had a history recently of clutch problems in
numerous recalls with different models all the way back to 2013
models.
Which Models Are Affected By This Recall?
This current recall is a voluntary recall affecting around 238,000
plus Harley Davidson bikes on the years 2017 and 2018 models. ...
Rear-End Accidents And Motorcycle Injury Claims
When an automobile crashes into a motorcycle from behind, if the
motorcyclist survives, his or her injuries will probably be
catastrophic and life-altering.
What are the most likely injuries that a motorcyclist will
suffer in such a scenario? And what is a motorcyclist’s recourse in
Georgia if he or she is injured by a negligent driver?
Those questions are about to be answered, but the first thing you
must know is that if you are a motorcyclist in Georgia, and you are
injured by a negligent driver, you must take your case to a
trustworthy and experienced motorcycle accident attorney.
What Injuries Are Commonly Sustained in Motorcycle Accidents?
Motorcyclists who are hit from behind often sustain traumatic brain
injuries – even if they use helmets – and severe spinal cord
injuries, whiplash, lacerations, multiple bone fractures, paralysis,
and injuries that require amputation.
It’s not unusual for the injuries sustained in motorcycling
accidents to be permanently ...
Which Insurance Company Is Best For Motorcyclists in Georgia?
In this article, I discuss what are the best insurance companies for
bikers to cover their motorcycle, and is there a chart of how much
insurance that you should get coverage-wise specifically for UM and
MedPay?
Which Insurance Company Is The Best For Bikers?
As a motorcycle accident law firm in Georgia, I can tell you
that it doesn’t really matter which insurance company you choose
because they all provide pretty similar services.
However, I have heard that USAA is slightly better than some of the
other companies when it comes to customer service. When it
comes to a claim, USAA is going to treat it pretty much the same,
especially if it is a personal injury claim. They’re going to come
up with the same arguments and fight the claims the same way.
Regardless, you need to get a lawyer that knows what they’re doing.
You have to have someone in there fighting for you. So, it doesn’t
matter if it’s Geico, Progressive, or USAA. What I want to see is
that you get as m...
What To Do If Injured While Riding Someone Else’s Bike?
What To Do After Sustaining Motorcycle Injuries in Atlanta On
Someone Else’s Bike
As a motorcycle accident law firm in Alpharetta, I wanted
to do this video today because I was asked a question that brings up
a good subtopic that I’ve talked about before, which is insurance,
particularly UM insurance and how that works if you were in a wreck.
The question that the member had was, “what if I’m riding a friends’
or family members bike?” So, it’s not my bike, I don’t own it, I’m
not insuring it, and I get hit and injured by someone while I’m
riding it…and the answer to that is there’s going to be multiple
layers of UM insurance, hopefully.
Here’s an overview of what happens in a motorcycle accident and what
to expect when dealing with the insurance company:
The Role Of Insurance in Bad Motorcycle Accidents in Alpharetta
You’ve got the at-fault party. Traditionally, with their insurance
pays out first, then you turn to UM in this situation because ...
Fatality Stats: How They Compare On Roadways Vs. Interstates
I recently made a video comparing the accident statistics between
interstate and surface roads and the conclusion was that surface
roads have more accidents involving motorcyclists than on the
freeway.
As an Atlanta motorcycle accident attorney, I was asked to go
into a little more in-depth regarding the specificity of fatality
rates, not just accidents overall.
The popular theory seems to be that freeways and interstates are
going to have a higher rate of fatality accidents even though the
overall accident rate may be lower than on surface streets.
What Does Research Say About The Fatality Rates Of Interstates
And Highways?
I conducted the research and found that the answer is actually no,
it is not true at all. Even when it is broken down to fatalities,
there are more fatalities on surface roads than on freeways and
interstates.
The actual statistics show that 62% of motorcycle fatalities occur
on surface streets rather than freeways and interstates.
I also found tw...
Motorcycle Tire Pressure Tips
As an Alpharetta motorcycle accident lawyer, I know that a
lot of riders drive four-wheeled vehicles and are weekend warriors
with bikes. They don’t ride them every day. You’re riding your
everyday four-wheel vehicle to and from work and picking up the kids
and everything else.
Check Your Motorcycle Tires More Than Your Car Tires
What we tend to forget as motorcycle riders is that motorcycle tires
don’t hold as much air as your ordinary tire, which is typically 32
to 35 PSI. What a lot of folks do is get lulled into the thought
process of check your air pressure on your bike tires just as much
as you do in your other vehicles.
You can’t do that because there’s so much less air naturally in the
bike tires than an ordinary four-wheel vehicle. In fact, it’s
recommended that you check your motorcycle tire pressure once a
week.
Obviously, that can depend on how much you use it. If you’re a
weekend warrior and you ride once a week, maybe you don’t need to do
it o...
Sport Bikes v. Cruisers – What Are The Fatality Stats?
Obviously, the perception is that the sports bikes have a higher
rate of fatality than the cruiser bikes. It turns out that is
correct, so there is no surprise there. The last study that I could
find that was done back in 2010 and it shows that sports bikes per
10,000 riders are four times more likely to get into a fatality
wreck than cruiser bike riders.
However, as a motorcycle injury lawyer in
Atlanta, I think the perception and thought process of why
sports bikes have a higher fatality rate, is actually wrong. Most
think it’s because these go faster, they’re lighter, riders weaving
in between lanes, and more. It turns out it’s because of the age of
the typical sports bike rider versus the typical age of a cruiser
rider.
What Do The Statistics Say?
A more recent survey in 2016 found that somewhere around 59% of
sports riders are under the age of thirty. This is in contrast to
cruiser riders, in which less than 25% are under the age of thirty.
In reality, the causal...
When Do Motorcycle Headlights Need To Be Illuminated?
As an Atlanta motorcycle accident attorney, I have to ask, how
many of you know that Georgia Law requires that your headlamps be
illuminated at all times while you are riding on the roads of
Georgia?
In fact, it is a moving violation if you don’t have them on and,
more particularly, it could be used against you if you’re found to
not have a properly operating headlamp at a time of an accident, and
there could be an argument that somehow that kept the driver from
seeing you and therefore put some fault on you.
What Does Federal Code Say About Head Lamps?
At the end of the day, make sure your headlamp is working at all
times similar to a running daylight lamp. Currently, these come
standard, but you just want to make sure that they’re working.
That’s all that Georgia Code says. The Federal Code actually goes
further and allows modulating headlamps. Many riders like these
modulated headlamps because they pulsate and go from 20%
illumination up to a 100% back and forth eve...
Med Pay Motorcycle Coverage
I wanted to do this video to show you how you can be armed with
another tool to protect yourself in the event you’re in a wreck
caused by another driver.
Hopefully, that doesn’t happen, but you need to be protected in
advance in case. I’ve championed UM Insurance in the past and
explained how you need to make sure you’ve got as much UM coverage
as possible to protect yourself and pay your bills, even when the
wreck’s not your fault.
As a Lawrenceville motorcycle accident attorney, what I’ve been
seeing this year, more so than in the past, is that I’ve had a
number of motorcycle wreck cases that have been huge accidents. This
includes everything from clients being life-flighted, to staying in
a hospital for multiple days, etc. As you can imagine there are
enormous medical bills associated with these accidents that are
caused by a distracted driver, a DUI driver, etc.
What’s been happening in each of these cases is that the medical
bills alone are more than a...
Help Your Fellow Biker After A Wreck—Witness Identification
Can Witness Information Help?
Being a motorcycle accident attorney, this is something that I
see constantly that becomes a big problem in motorcycle wreck cases,
and that is police officers seem to almost consistently not put
witness information on a police report.
So, you get in a wreck, you’ve got one or more people that saw it,
they stop they talk to the police. Time and time again, I get the
police report, the client tells me, “oh yeah, there was this lady or
that guy stopped, you know, he was in a truck.”
We have no clue who it is, we have nothing to identify that person
and we can’t find them. It’s unbelievable, I’ve trained police
officers on how to do this, yet they still don’t do it.
How Can I Be Prepared?
Here’s what you guys need to do to help protect each other. If
you’re out there riding in a group and one of your fellow bikers
goes down and you’re a witness there. Yes, you need to help them
first and foremost with any injuries until the po...
Highway 80 Infrastructure Petition
What Is The Highway 80 Infrastructure?
I want to highlight a really neat motorcycle advocacy piece that the
State of Georgia has taken the lead on. I’ll also explain to you the
two reasons why I think it’s important for us to highlight this
petition and how a motorcycle accident law firm in Cumming,
GA can help.
Let me tell you first what it is. Some of you may have heard of it,
but it’s a great example for us going forward. This is the highway
80 petition that has been filed regarding an eastbound curve on
highway 80 in Phenix City.
What’s happening there is on this curve, it’s over a bridge, and
it’s a 40-foot drop to a road below It started with one particular
motorcycle accident, and then it was highlighted that this has
happened before several times, which shows that this is a very
dangerous curve for motorcycle riders.
So, what happens is when there’s a wreck on this curve, several
motorcycle riders have been propelled in the air from the wreck and
ha...
GHSA Says 25% Of Fatalities In 2017 Caused By High BACs
I will continue to break down the report that was released last
month from the Governors Highway Safety Association on crashes in
2017 and more specifically, fatalities involving motorcyclists.
To remind you, the report says that there were just shy of 5,000
motorcyclist deaths last year from vehicle collisions. As
a motorcycle accident attorney, I want to break down one of the
key highlights of the report, which is that in 25% of motorcyclist
fatalities, the motorcycle rider had a blood alcohol level above the
legal limit in that state.
Does Alcohol Play A Significant Role In Motorcycle Fatalities?
What I think is that we can hopefully take these statistics to heart
and maybe alter our habits a little bit. As we know, it’s our
responsibility unfortunately as the motorcyclists out there in
Georgia to protect ourselves.
Most accidents happen because of the fault of the other driver, not
the motorcycle rider. That being said, I’ve been harping on it for a
long time, but ...
How To Handle Motorcycle Property Damage Claims
The other day I had someone reach out to me and ask me a question
because he had recently been in a wreck. He’s got a motorcycle
accident lawyer already, but his question was about property
damage on his bike and how the property damage insurance claims
process works. Can he get a check or does he have to give it to the
lawyer?
I wanted to take that opportunity to explain property damage a
little bit more, especially for those who have been lucky enough not
to have been in an accident in Atlanta yet. Just so you know how to
handle it if you are in an accident at some point, and you’ve got
damage to your bike.
How Does Ted Spaulding Handle Property Damage Claims in Atlanta?
The answer to the question for him was, “…well, you know, you need
to talk to your lawyer. It depends on the agreement you have with
your lawyer.” The way we handle it is that we never charge for
property damage.
If we are helping with it as part of the overall injury case, we do
that for free,...
What Is The Main Infrastructure Issue Affecting Motorcyclists?
I recently read a report from the Federal Highway Administration
that discussed the top 10 infrastructure concerns for motorcyclists
in the United States. While reading this, I found the number one
concern to be quite interesting, and I looked up more about this
concern, and what’s going on in the industry to address it.
Before I reveal it, what do you think is the number one concern?
Here are the top 10, in no particular order, and then, we can see if
you get it right.
Pavement condition repairs, high friction surface treatment, curve
warning signs lighting, removal of roadside trees and poles,
signals, guardrail continuous protection systems, punctual energy
observers, limited sight distance warning signs and prohibitive
signs.
What Is The Number One Infrastructure Concern For Bikers?
The number one infrastructure concern for motorcyclists is an
interesting one. I’m revealing it because I want to have it stay at
the top of mind as you’re out there on the roads, becau...
Why UM Insurance Is So Important For Bikers
As a motorcycle accident attorney, I want to explain why I
think it is so vitally important that you get as much UM Insurance
as possible, how it works and what’s the best UM insurance
available. This goes beyond just motorcycle wreck cases, it will
also apply to the other vehicles that you have beyond your
motorcycle. Here is a real-life example.
An Example of Why Uninsured Motorist Coverage is Necessary in
Atlanta
One of our group members had posted about his accident in 2012, and
how it was an uninsured driver that ended up hitting him, putting
him in the hospital with really bad injuries.
Another example is from several years ago. A client of mine reached
out about their brother who was actually close to my office. He was
coming off of 400, waiting at a light to go across it, to go left
onto the other side of the road, and had the green light. He starts
to go, and out of nowhere comes an uninsured driver, who didn’t even
have a license, and this driver struck and kill...
Are Forward Collision Warning Systems Programmed to Spot Motorcyclists?
Today I want to provide my professional opinion as a motorcycle
accident attorney and talk about a study that I saw regarding
forward collision warning systems and whether they are really
calibrated to help protect motorcycle riders as well as the general
public on four-wheel vehicles.
What I had found is the ultimate answer to the question
is unfortunately no. This is yet another example of how the
motorcycle riding community tends to fall back to the foreground
when it comes to a lot of new legislation and a lot of new safety
type devices.
Legislation Is Lagging When It Comes To Motorcycle Safety
I had talked previously about the Harley tire defect and how that
brought up some issues with the law where there are standard federal
requirements that cover four-wheeled motor vehicles but don’t cover
motorcycles, which are the ones that need it the most when it comes
to tires.
Now, here we are again with this forward collision warning systems
that are now becoming more and...
Is “Loud Pipes Saves Lives” A Myth?
What Do Studies Say About The “Loud Pipes Save Lives” Motto?
As a motorcycle accident attorney, I found a study that studied this
phrase and whether the loudness of the pipes and exhaust pipes of
the bike leads to and correlates to fewer motorcycle wreck events.
They found no, it is an absolute myth, and the reason is
interesting. The main reason why it's a myth is because most
motorcycle wrecks do not occur where a motorist is striking the
biker from the rear.
This is because head-on collisions minimize the effect of the
loudness of your exhaust pipes, for obvious scientific reasons: your
exhaust pipes are pointed behind you.
The noise is going backward, not to the sides or the front, so it’s
less likely that the motorists that are going to wreck with you
potentially aren’t going to hear you coming.
The second reason this is a myth is that most motorists have their
windows up. They’re not driving convertibles, they typically have at
least the radio on, they a...
The Supreme Court Protects the Rights of Motorcyclists
Today, I want to highlight some great news that came out
Wednesday that involves the protection rights of motorcyclists. Many
of you have probably heard about this news, but in case you didn’t,
here is what happened.
On Wednesday, the United States Supreme Court came out with a
ruling in a Virginia case stating that warrantless searches of a
motorcycle parked in the rider’s driveway and under a carport is a
warrantless search that violates the Fourth Amendment.
Why Is
This So Important For Motorcyclists?
This was such a big victory for motorcycle riders and advocacy
groups and was a case that really never should have been this big of
a deal in the first place. In case you don’t know the background of
the ruling, let me tell you what happened.
Again, this is a case from Virginia, and what happened is the guy
had his motorcycle under his carport and had a tarp over it to
protect the motorcycle. The police went on to his property, took off
the cover, without a warrant, a...
If You’re Not Wearing A Helmet, Can A Georgia Insurance Company Void Coverage?
How Wearing A Helmet Can Affect Your Motorcycle Accident Claim in
Georgia
Being that I am a motorcycle accident attorney, I want to talk
about helmet use and whether an insurance company can deny coverage
under your policy either for property damage or for an injury if
you’re not wearing a helmet.
The specific situation is related to incidences where you’re a
Georgia licensed motorcycle rider, you have a Georgia license,
you’re riding in another state, somewhere that doesn’t require a
helmet under their laws, and you get in a high speed
motorcycle crash caused by someone else.
Can your Georgia motorcycle policy deny your claim because you
weren’t wearing a helmet, even though you weren’t violating the law
in the state you were in at the time, but would have been violating
Georgia law? My answer is no, they can’t do that.
Does the Law in Georgia Require Motorcyclists to Wear Helmets?
Number one, you’re following the law in the state in which you’re
rid...
How To Keep From Laying Down Your Bike
In this video, I want to provide some safety tips about what to do
when you’re entering a blind curve. If you end up hitting your front
tire with either loose gravel, sand, leaves, grass, whatever it is,
a hazard on the road, but you’re hitting it on a blind curve, what
can you do to keep your bike up and not lose control?
Funny enough, the rule is to avoid it in the first place.
Sure, it seems simple, but here’s what I mean by that. There are two
simple rules for everyone no matter what your skill level, that can
help you avoid this scenario. The two rules are speed and vision.
How Can Speed And Vision Help A Rider Avoid Laying Down Their Bike?
Speed is very important when you’re coming onto the curve, and the
rule of thumb there is slow in, fast out. This refers to pace, and
how you want to go at a pace coming into the curve where you are
fully under control of your motorcycle, and more importantly, are
able to avoid something that you see on the road.
If you’...
Motorcycles And Grass Clippings On The Road
Today I want to talk about a very dangerous situation that has come
to the forefront this summer. I’ve seen a lot of people talking
about it in motorcycle groups, and as a Cumming motorcycle
accident lawyer, I have actually just had an accident here recently
by a motorcycle rider losing control. What I’m referring to is the
cutting of grass and blowing the clippings onto the roadway, without
cleaning them up.
What we’re seeing is that mainly residents in county roads where
folks are mowing the lawn, are blowing grass clips onto the road.
This is also happening on state highways. These clippings are not
getting cleaned up, and no one thinks about this from the
perspective of a motorcycle rider. As we know as motorcycle riders,
this is like driving on glass for a motorcycle. It’s a very
dangerous situation.
In Georgia, Is It Illegal To Leave Glass Clippings On The Road?
So, what I’m asked oftentimes is – “Is it illegal to leave grass
clippings on the road in the st...
Harley Tire Issues and The Need For More Safety
Today, I want to discuss an article that’s been going around some of
the biker groups here in Georgia and throughout the United States.
Some of the takeaways are for the safety of all motorcycle riders
and what advocacy groups can do to start getting involved with some
of the broader safety issues.
The article I’m referring to is the tire defect allegations against
Goodyear on Harley Davidson motorcycles.
What Is The Defect In Question?
What has happened is there is a Goodyear tire that Harley Davidson
used on its motorcycles starting back in 2006 and going forward.
It’s called the Dunlop D 402 tire and here are some of the stats.
These tires are used on Harley Davidson’s, and they’ve failed
allegedly in 11 states, and have caused four deaths and 22 injuries,
that we know of. All of which have occurred since 2006, with this
article specifically mentioning the Morris’.
The Morris’ are a husband and wife who were traveling in 2008 up to
Myrtle Beach for the...
Unendorsed Riders – What We Can Learn From The Michigan Initiative
Today, my motorcycle accident law firm in Cumming wants to
talk about what the state of Michigan did several years ago to
combat the unendorsed motorcycle rider issue in that state. I also
want to discuss the takeaways of this and how they relate to bikers
in the state of Georgia and how we can remain as safe as possible
when we’re out there riding our motorcycles.
What Was The Initiative In The State Of Michigan?
First, let me explain this initiative a bit more. What Michigan
found was they had a motorcycle population, roughly 20%, that were
unendorsed. This means that they didn’t have the proper
certifications of training and safety courses and skills required by
their licensing to drive a motorcycle fully.
The correlation they found was while only 20% of the population were
unendorsed, 85% of all motorcycle fatalities involved an unendorsed
motorcycle rider. Obviously, the state of Michigan saw a correlation
in this data and wanted to address it.
What Did The State Of...
What is the Most Important Safety Feature on Motorcycles?
What is the Most Important Motorcycle Safety Feature?
As a motorcycle accident attorney, I want to talk
about the number one safety feature that you can either add to your
motorcycle for a couple of hundred dollars, or you ought to look to
get as a standard feature on your next bike purchase.
This safety feature was found by the IIHS to reduce fatal accidents
by 37%. I never even thought about this feature, until I read this
article discussing it.
It’s something that we take such advantage of and don’t even think
about in our regular everyday vehicles, and quite frankly, it’s
something that’s not offered very often on motorcycles in Atlanta.
Back in the day, it wasn’t offered at all, but now, it’s starting to
be offered more often, but we still see it mainly on the higher end
bikes.
Again, it’s something that is so cheap to add to your current bike,
or if you’re out there in the market for a new bike, see if they
have it as a standard feature, or if t...
Is Your Motorcycle Helmet Providing Enough Protection?
I want to discuss a key point to motorcycle helmet safety that I
recently came across. No, it’s not to preach to you that you need to
wear helmets and that they have to be a DOT regulated helmet for
proper safety. The point of this post is that you need to properly
replace your motorcycle helmet at certain significant points.
How Often Should You Replace Your Helmet?
Now, this comes from an independent foundation that does motorcycle
helmet testing. Their main point was that regardless of whether
you’ve been in an accident or not with this helmet, every five
years, you need to get it replaced.
The most interesting factor if this was that the helmet is going to
deteriorate just from use, much less if you’ve been in an accident,
you have a crack in it, etc. Their point was that the helmet ages
overtime from just using it, from the wind, from various oils from
your hair and body, which include hair gel, hairspray, etc. These
things deteriorate the foaming inside the helmet t...
Tips On Avoiding the Most Common Cause Of Motorcycle Accidents
Motorcycle Safety Tips For Riders in Atlanta
How dangerous are motorcycles? According to motorcycle accident
statistics, they’re far more dangerous than cars. As
a motorcycle accident lawyer, I want to provide you with three
of the best motorcycle riding tips I could find on how a biker in
Atlanta can avoid the number one cause of motorcycle collisions.
There are many different causes of motorcycle accidents. But, if
you’ve watched any of my other videos or seen posts on the internet,
I have let you know the number one cause of accidents which is a
motorist turning left in front of or into a motorcycle rider.
Therefore, it’s important to know how to avoid a left turn
motorcycle accident.
Motorcycle Safety Tip #1: Weave Back and Forth in Your Lane
Here are the three best tips I could find. Number one, weave in your
lane back and forth to provide as much of a distraction, notice to
this motorist and say hey, I’m in this lane, especially if you’re
riding at night, the hea...
Do You Know What To Look For When Buying A Motorcycle Helmet?
Today, I want to talk about things to look for to ensure that you
purchase a DOT-compliant motorcycle helmet the next time you’re in
the market for one.
First, there are two things that our motorcycle accident law
firm knows; one, you got to have a DOT required helmet, it’s
the law in Georgia and two, no longer is there an excuse that the
DOT helmets are horrible, they look bad, they are hard to wear, and
that you want the cool looking helmets, not the DOT ones.
They’ve got all kinds of nice looking helmets, the skull cap ones,
the full-faced motorcycle helmets, all of which are actually DOT
compliant.
What to Look For When Shopping For DOT Approved Motorcycle Helmets
in Atlanta
So, here’s what to look for when shopping for DOT helmets. First and
foremost is to check the labeling. There should be a sticker on the
outside that states that it’s DOT compliant, and it will have the
code section on it.
Now, that’s not the end of the inquiry there. There are a lot...
#1 Thing Can Do To Protect Yourself Before Your Next Motorcycle Ride
In this video, I want to give you some info on the number one thing
that you can do before you get on your bike to protect yourself and
your family.
What Can You Do To Protect Yourself On Your Next Ride?
The point is to provide you and your family with as much coverage as
possible for losses such as medical bills, lost wages, and pain and
suffering if the unfortunate happens and you’re injured by somebody
while out riding. That step is to get as much as UM coverage as you
possibly can.
Now, there’s a number of ways to do this, but reach out to your
insurance agent, start talking about the insurance you already have,
and how you can increase your UM coverage. I recommend, everyone at
least gets a $100,000 of what’s called add-on UM coverage before you
get back out on that bike this weekend.
How Does UM Insurance Protect Bikers?
It’s the best way to protect yourself in case you get hit by someone
that either doesn’t have insurance or doesn’t have enough. The state
m...
2 Ways To Obtain Inexpensive Motorcycle UM Insurance
As an Alpharetta motorcycle accident lawyer, I’m going to
give you two tricks on how to add UM coverage to protect you in case
you’re in a motorcycle collision.
As you know, I’m a huge proponent of my clients having as much UM
coverage as you can afford. It’s there to protect you and your
family if you’re injured.
So, how do you get UM coverage when, as we know, motorcycle coverage
can be very expensive? There are two tricks to get it, and it’s
based off of the fact that a lot of people don’t understand that UM
coverage protects you when you’re in multiple different vehicles,
regardless of whether that coverage is attached to just one vehicle.
For instance, if you have an everyday vehicle, truck, or car that
you take to and from work, basically, a vehicle that you use other
than your motorcycle, that UM coverage on that vehicle will cover
you if you’re in a collision on your motorcycle and vice versa.
What Are The Tricks For Getting Inexpensive UM Cover...
5 Things You Must Do To Protect Yourself After Being Injured In A Motorcycle Accident
No rider ever plans to be in a motorcycle accident, but part of
being a good rider means being prepared for the unexpected. This
mantra not only helps you avoid accidents.
It is also critical to making sure you are able to recover full
compensation from an insurance company if you are ever injured in a
motorcycle accident caused by another driver in the state of
Georgia.
Things can seemingly happen very fast after a motorcycle crash
and our Alpharetta motorcycle accident law firm knows this
very well.
You have to figure out how badly you are injured, how to pay for
your medical treatment, how to repair or replace your motorcycle,
how to obtain transportation until your motorcycle is repaired or
replaced, how to handle time away from work and so many other things
that hit you unexpectedly following any motorcycle crashes.
It can be a very stressful and chaotic time. Insurance companies
know this, and they can and often will use that stress and chaos to
take advantage of...
4 Ways Insurance Companies May Avoid Compensating Motorcycle Accident Victims
As motorcycle injury attorneys, we have seen it far too often.
Big insurance companies regularly employ tactics to try to avoid
paying you full and fair value for your injuries following a
motorcycle accident.
In fact, many if not most insurance companies offer their claims
representatives bonuses for getting you to agree to settle your
injury claim for less than the insurance company knows it to
actually be worth.
That’s right. An insurance company may have investigated your
accident and injuries and know your claim to actually be worth tens
of thousands of dollars more than they are offering to pay you.
Their hope is that you will not hire or even consult with an
experienced Atlanta injury attorney and will accept whatever offer
they tell you is fair value.
If they can settle a $100,000 motorcycle accident injury claim for
$50,000, then that means the $50,000 that the insurance company
should have had to pay stays in their coffers and goes to pay their
claims repres...
How to Get a Georgia Motorcycle Permit
In order to legally operate a motorcycle on the roads of Georgia,
you will begin with a motorcycle permit. There are many requirements
to get a motorcycle permit in Georgia, and you’ll need to know what
to do next to get your full license.
Georgia requires motorcyclists to have permits and licenses to keep
them safe on the roads, though accidents still occur. If you are
injured riding your motorcycle, reach out to the motorcycle accident
attorneys at Spaulding Injury Law right away.
The Requirements for a Georgia Motorcycle Permit
To get a Georgia motorcycle permit, you must meet and/or provide the
following:
Be at least 16 years of age.
If you are under the age of 18, you must meet Joshua’s Law
Requirements, which are that you complete an approved driver
education course through one of four approved methods at a DDS
certified driving training school.
Submit the online license/ID/other information needed.
Collect the required documents that show your i...
How Long Does A Police Report Take?
There are many reasons why you need a police report after your car
accident. You may not be able to move your car following the
accident. The other driver may be intoxicated or uninsured. The
driver may have even left the scene of the accident. Whatever the
case, a police report can benefit your accident in so many ways.
Read on to find out how long it will take to file a police report
for your car accident from the car accident lawyers at Spaulding
Injury Law: Atlanta personal injury lawyer.
How police reports affect your claim
Police officers are used to filing reports for car accidents. They
know how to record the necessary evidence that you'll need to file
your insurance claim. One of the most common issues with car
accident claims is proving liability. The other driver may argue
that you were the at-fault driver of your accident. The details in a
police report can be used to determine who was truly responsible for
the accident.
There is additional information that your law...
Walking to School Can Expose Children to the Risk of Involvement in a Pedestrian Accident
Thousands of children in the Atlanta area walk at least part of the
way to school every day. While walking to school can be a good
source of exercise and allow children a little additional time to
socialize, it also exposes them to the risk of being involved in a
pedestrian accident. Data provided by the National Highway
Traffic Safety Administration1 (NHTSA) indicates that of the
69,000 pedestrians who were injured in 2011, 11,000 of them were
children aged 14 and younger.
Children are at particular risk for injury in a pedestrian accident,
due to their smaller size, unfamiliarity with traffic laws, and
inability to judge speeds and distances as well as adults.
Fortunately, there are certain steps that parents can take in order
to reduce the risk that their child will be hurt in a traffic
accident. These include the following:
Choose the safest possible route and practice walking it with your
child – Choosing the safest possible route involves using
streets that are no...
Rental Liability, Pedestrian Accidents, and More
Trying to figure out who was at fault for an accident sometimes can
be cut and dry. Other times, there are a lot of different
complexities that can impact how an investigation goes. It’s not
always so easy to figure out who is at fault, especially of both
sides refuse to relent. No one wants to be the one to have an
accident on their insurance or their driving record. When that
happens, the rates can go up significantly. They also might be on
the hook for damages. If you are unsure who may be liable in a case
like this, reach out to your Atlanta personal injury attorney.
When there are two drivers involved both of them have insurance,
which is typically the best scenario. Damages are covered and
everyone can go about their day. Insurance companies might settle
and say no one is at fault. That’s because accidents happen, and
they’re a regular part of driving. There’s no need to usher in
investigations, court cases, and other types of drama over a simple
car accident. Y...
August is Back to School Safety Month
The start of the school month is a hectic time for many households
in Atlanta. Parents will need to juggle work and other obligations
with a demanding school schedule, homework, extracurricular
activities, and more. It can be easy to forget to go over important
safety tips and accident risks with your child. To help keep
children safe, the National Safety Council recognizes Back to School
Safety Month in August.
Getting to School
No matter how your child gets to school, there are risks of
transportation accidents. This includes the following:
Riding the bus - Ensure your child knows how to safely wait at the
bus stop, as well as board and exit the bus, which includes ensuring
the bus driver can see them at all times. Once they are on the bus,
they should wear seat belts (which should be available) and remain
seated at all times.
Riding a bike or walking - Teach your child how to cross streets at
crosswalks and follow traffic signals and crossing guards. Make sure
they alwa...
Should You Accept an Offer from an Insurance Company?
If someone else’s negligence leaves you injured in a car accident, a
slip and fall accident, or any other kind of accident, accepting a
settlement offer from the insurance company involved before you’ve
assessed your total damages and consulted with an experienced
personal injury attorney is never a good idea.
If you’ve been injured as a result of someone else’s negligence, you
face a difficult path toward recovery, and obtaining the
compensation to which you are entitled is likely critical to your
success in this endeavor. If someone else has caused you to be
injured, you’re going to be dealing with the insurance company
involved, but accepting a settlement offer before you’ve consulted
with an experienced personal injury attorney on the matter is not in
the best interest of your case – or your recovery.
The Insurance Company
While it’s true that the insurance company is responsible for
covering your injuries and is paid for doing so, this does not mean
that co...
Tips For Handling ERISA Liens In Personal Injury Cases In A Post McCutchen Era
In nearly every personal injury case, injury attorneys must deal
with the resolution of health care related liens incurred by the
client before the client can receive full disbursement of the
settlement or verdict. While there are many different types of liens
that can be created depending on the case, the lien that is the most
difficult to handle for personal injury attorneys and clients
alike is the ERISA health insurance lien.
This guide will walk through several steps we take in handling
ERISA liens in personal injury cases. These liens have become much
more difficult to resolve since last years US Supreme Court ruling
in McCutchen. ERISA plans and third-party administrators hired by
plans to collect on ERISA liens are using the McCutchen ruling
to suggest to lawyers that ERISA plans now cannot lose and must
always be reimbursed for every dollar of the ERISA lien.
However, the McCutchen ruling was nothing more than a half
victory for ERISA plans and in certain jurisdic...
Machine Guarding Accidents and Workplace Injuries
Accidental amputations are never minor accidents. Losing a
digit or part of a limb is almost always life changing, and the
healing and recuperation can require many painful months. Even
in cases where the amputee is able to return to work, there is no
guarantee that he or she will be as productive in future endeavors
as they were before the workplace accident.
No amount of money can replace the finger, limb, or flesh that you
lose in a workplace accident. However, even though amputation
accidents are universally acknowledged as severe, painful, and
financially costly, a vast number are caused by preventable lapses
in equipment maintenance. In Georgia, a statistically
significant number of amputations and severe injuries are caused by
faulty or missing machine guarding on work equipment.
In Atlanta, personal injury attorneys typically begin a workplace
injury case by examining the equipment for appropriate guarding.
Typically, the proper guarding was originally installed on...
When Punitive Damages Can Be Pursued and How It Works
We discuss in a separate article all the categories of damages an
injury victim can pursue in a personal injury case. One of those
categories that warrants a more in-depth discussion is the pursuit
of punitive damages. Not all cases will allow for punitive damages
and even if you can pursue them in your particular case, there are
several things to know about how it works. Let our Cumming wrongful
death lawyers explain.
What Cases Can They Be Pursued In?
The short answer is when the injury is caused by the defendant’s
very egregious conduct. Think violation of a criminal statute here.
For example, in a typical car accident case, punitive damages cannot
be pursued. The defendant is negligent but did not engage in such
horrible conduct at the time of the accident to warrant punitive
damages.
However, if the car accident was caused by an intoxicated driver for
example, punitive damages can be pursued. The defendant violated a
criminal statute at the time of the accident. Sam...
Tips For Keeping Your Medical Records Organized After A Personal Injury
Some people have no trouble staying organized and keeping paperwork
in order. For others, tracking down documents and organizing them is
difficult, and the papers often end up in a big mess or lost.
Regardless of which extreme you fall under, keeping your records
organized after a personal injury is crucial.
Reasons for Keeping Your File Organized
Obviously, it will be easier for your personal injury
attorney to work on your case if you have all your documents
together. Your organization could also have an impact on the amount
of compensation your personal injury attorney will
recover. Proper organization will keep documents from being
overlooked in the claim process.
Take Notes
You will need to take notes and document every phone conversation
you have, along with who you speak with, and what was said. This
will help our personal injury attorneys make a clear
connection between specific documents and conversations.
Set Up a File Folder for All Your Documents and Notes
Pu...
Guide to Hiring the Best Personal Injury Attorney in Atlanta
Although many people think that we file too many lawsuits in the
United States, there are times when it seems like that’s the only
way to make things right. When you’re injured, it’s easy to feel
overwhelmed as you attempt to return to a normal life. If you’re in
this situation, due to an accident or injury, we can help! If you
need to hire a personal injury attorney in Atlanta, here are
some things you should consider before you choose a law firm.
Why Do I Need to Hire a Personal Injury Attorney Near Me?
If you live in or around Atlanta, you should try to find the best
personal injury law firm in your area to represent you to avoid
extra travel costs and time. You will need to work closely with your
attorney, so choose a local law firm with lawyers that specialize in
personal injury cases. You also want to make sure that they are
thoroughly aware of all state and local laws. Do your research and
hire an attorney near you.
Can I Afford the Best Lawyers?
The best lawyer ...
Jeep Fire Lawsuits
Some older Jeeps with rear gas tanks are known to have a defect that
can lead to serious fires and even explosions. The Jeep manufacturer
– Fiat Chrysler Automobiles (FCA) – equipped the Jeep SUVs in
question with gas tanks that are located at the very rear (next to
the bumper), which is closely associated with the increased risk of
both fires and explosions. When the federal government asked that
the company recall the vehicles, FCA went in a different direction,
and it put a lot of people at increased risk in the process.
Anyone who believes they have a jeep fire claim should discuss the
matter with an Atlanta accident attorney.
The Jeeps Affected
Unfortunately, this serious Jeep issue is not limited to one model
or even to one year. In fact, all of the following years and models
are affected:
Jeep Grand Cherokees from 1993 to 2004
Jeep Liberties from 2002 to 2007
Jeep Cherokees from 1993 to 2001
When these vehicles are hit from behind – or are involved in...
Top 5 Most Common Personal Injuries in Georgia
If you have an injury, you may be wondering if you should get
a personal injury lawyer and file a personal injury claim. This
article includes some of the most common personal injuries that
claims are filed for, and then you can decide whether to contact
a Lawrenceville personal injury attorney if your injury is
listed here.
Automobile Accidents
Automobile accidents can be quite complicated. Maybe you have
lost income because of your injury. Did the insurance company total
your car? Don’t count on the insurance companies to look out for
you. Contact a local personal injury attorney, one that
specializes in personal injury law. They will be in your corner and
fighting to help you recover from this situation.
Accidents at Work
Sometimes, people feel uncomfortable pursuing an accident claim for
a work-related injury. They are afraid of losing their job or making
their employer angry. Don’t drag your feet on hiring a personal
injury lawyer! Remember that insurance co...
Do You Need a Lawyer for a Personal Injury Claim in Georgia? (How Can You Know?)
More people, more distractions, and more technology predictably mean
more accidents, injuries, and injury victims. Everyone’s likelihood
of suffering a personal injury is increasing, and sometime in the
future, you may have a reason to retain a personal injury attorney.
What are the “personal” injuries that trigger lawsuits? Will you
need to hire a lawyer to seek compensation for you if you are
injured by someone who was negligent? If you’ll keep reading, you
will learn the answers to those questions – and more about the
rights of the injured.
What Kinds of Injuries Can Generate Personal Injury Lawsuits?
Injuries arising from traffic accidents generate perhaps
the largest number of personal injury cases, but anyone can be
injured on a boat, a bus, a plane, a train, or by a negligent driver
while you’re merely walking down the sidewalk.
Slip- or trip-and-fall injuries also generate plenty of
personal injury claims. If you slip, fall, and you’re injured at...
How Much Can I Receive For Pain And Suffering In A Personal Injury Claim?
In this video, attorney Theodore Spaulding answers how pain and
suffering can be valued in a personal injury case, and what
information is gathered to determine compensation.
How much do I receive for pain and suffering in my personal injury
case? Keep watching this video to learn the answer to this
all-important question.
Hi, I'm Ted Spaulding. I'm an Atlanta personal injury trial lawyer
and I'm the founder here at Spaulding Injury Law.
This is a question that I get time and time again from prospective
clients that call me up after they've been in Iraq or otherwise
injured in an incident, and it's the hardest question to answer,
quite frankly. Why? Because we really don't know early on in the
case what pain and suffering should be valued at for that particular
case. And there's a couple of reasons why.
Number one
Because every case is so different, and it is such a fact-intensive
question to answer.
Number two
Because early in the case, no one knows. Not even the insur...
How Contingency Fees Work In Personal Injury Cases
How Do Contingency Fees Work in Personal Injury Cases in Atlanta?
Hi, I am Ted Spaulding. I am an Atlanta personal injury
trial lawyer with Spaulding Injury Law. So, here’s how
contingency fees work in personal injury claims.
They are a percentage of whatever is recovered from a settlement or
a verdict if your case is tried to a jury.
Now, they are different from the hourly fee structure that a lot of
attorneys charge clients.
How Contingency Fees Benefit Personal Injury Victims in Atlanta
Gone are the days where you have to pay an attorney by the hour and
pay them monthly where you’re getting invoiced and you’re having to
pay them on each invoice every single month as your case goes along.
This is important because if you’re injured, you’re dealing with
medical bills, you’re dealing potentially with lost wages, and to
have to pay a lawyer by the hour monthly to pursue your claim can
get very conversing for you and your family financially.
So, the system...
What Is The Statute of Limitations For Personal Injury Claims In Georgia?
Following an unexpected accident, it is understandable that your
primary priority would be recovering from any injuries that you
sustained. Such recovery may be lengthy, however, and some accident
victims are left permanently disabled. Recovery may involve serious
medical procedures, periods of rest, rehabilitative programs, and
readjusting to everyday life. It is not a surprise that injured
victims often have difficulty focusing on anything else during their
recovery. Let our wrongful death lawyers in Cumming, GA explain.
Furthermore, even though many injured accident victims may wonder
what their legal rights may be, they may be intimidated by the legal
process and may believe that a lawsuit will only add more stress to
their lives. These factors are only some of the reasons why injured
victims put off discussing a potential case with an experienced
personal injury attorney.
Statute of Limitations
Unfortunately, if an accident victim waits too long to pursue a
legal claim, th...
How Long Will It Take to Recover Compensation in an Injury Case?
Medical bills and other expenses can quickly start to pile up after
an accident. Many personal injury victims cannot afford to pay these
bills, especially if they’ve had to take time off of work to recover
from their injuries. For this reason, some victims are eager to
resolve their personal injury claims as quickly as possible. If you
are filing a personal injury claim, it’s crucial to hire an
experienced Atlanta personal injury lawyer to help you
understand how long it will take to resolve, so you know what to
expect.
How Long Will It Take to Recover Compensation in a Personal Injury
Case?
Each personal injury case is unique, so the answer to this question
will vary. Some personal injury claims are resolved in a matter of
months, whereas others can take two or more years to resolve. The
time that it takes to resolve a claim will typically depend on the
answers to these questions:
Is there a dispute over liability?
How severe are your injuries?
How much insurance...
What to Bring to the First Meeting with a Personal Injury Lawyer
In this video, attorney Ted Spaulding details everything you need to
bring upon first meeting with your personal injury attorney. He
explains the importance of being prepared with as many pieces of
evidence as possible to support your case.
What to bring to your first meeting with a personal injury lawyer?
Hi, I'm Ted Spaulding. I'm an Atlanta personal injury trial lawyer
and the founder here at Spaulding Injury Law.
So, this is a question that we get when we're talking to a
prospective client and they've made a decision to hire our firm to
represent them. We're either going to have an in-person meeting or
we're going to have, in this day and age, we can have a Zoom meeting
or something of that nature. And what do you need to give us to help
start to build your claim or case? So, there's several things. And
again, some of this depends on the nature of your incident. Is it a
car wreck? Is it a premises liability case? Is it a wrongful death
case? What are we talking about?...
Damages Available In Personal Injury Lawsuits And How To Pursue Them
If you are injured by another person’s negligence in Georgia, in a
traffic collision, or in any other type of accident, what types of
damages can you pursue with a personal injury claim in this state?
This is a brief look at the four types of personal injury damages,
but if you are actually injured by someone else’s negligence here in
Georgia, you’ll need the specific and personalized advice that an
experienced Alpharetta personal injury attorney can offer, and
you will need that advice at once.
What Are the Four Types of Personal Injury Damages?
What are the four types of damages that you have a right to pursue
with a personal injury claim in Georgia?
medical expenses
lost wages
out-of-pocket expenses that are not medical expenses or lost wages
compensation for personal pain and suffering
Which Medical Expenses Can You Be Compensated for?
It’s not difficult to understand compensation for medical expenses.
If you are injured by negligence and you prev...
Most Common Defense Strategies To Beat Your Personal Injury Claim
Be careful! Many personal injury lawyers would have you
believe that every injury victim will receive compensation for their
injuries and losses. If that were true, there probably wouldn’t be a
need for personal injury attorneys in Atlanta, Georgia, or anywhere
else.
The truth of the matter is that lawyers are often needed because
obtaining compensation for your injuries and losses are not
automatic in a personal injury case in Georgia. When you file a
claim with an insurance company or directly with the business at
fault, these entities will assess the nature of the complaint
that you have against them before deciding on whether to settle or
to litigate.
If they believe that the case against them is strong, and what your
asking for is reasonable, they may decide to settle out of court.
However, insurance company attorneys may also use some proven legal
defenses to mitigate or eliminate their clients’ responsibility.
Here we will look at a couple of the most common ...
How Expert Witnesses Can Help Personal Injury Victims Recover Compensation
Personal injury cases can involve many complicated issues and
questions. Even if you firmly believe that another party was at
fault for your injury, the court and/or a jury may often require
more concrete evidence in order to find another party liable for
your losses. While injured victims may not know how to obtain or
present sufficient evidence to prove negligence in court, an
experienced Atlanta personal injury lawyer has the
knowledge and skills to do so.
Expert Analysis During Accident Investigation
In order to prove your claim, a skilled lawyer will fully
investigate the circumstances surrounding your accident to identify
any and all potentially negligent parties. In some accidents, fault
may be fairly easily identifiable; for example, another driver ran a
red light and collided with your car. In other situations, fault may
not be readily apparent at all.
Accidents can be complicated and may often involve numerous
vehicles, large commercial trucks, chain reactions, veh...
Why Is Venue So Important In My Personal Injury Case
In this video, attorney Ted Spaulding reviews why venue is very
important in a personal injury case, and why this is an interesting
question. He reviews the intricacies of Georgia law and how this
relates to your case.
Why is venue so important to the value of my personal injury case?
Keep watching this video to learn the answer to this question.
Hi, I'm Ted Spaulding. I'm an Atlanta personal injury trial lawyer
and I'm the founder here at Spaulding Injury Law.
This is a real interesting question. Most people don't even think of
this aspect of their case when they're trying to value it. This is
why lawyers are so important when it comes to valuing your case and
whether you should take a settlement offer from an insurance company
or if you should file suit or try your case. A lot depends on the
venue.
So what is venue? Venue is where your case will be tried, to what
jury? Are you going to be trying your case in Fulton County? Are you
going to be trying your case in DeKa...
How Social Media Can Negatively Impact Your Personal Injury Claim
In this technological age, it is common to regularly post on social
media platforms regarding our activities and other aspects of our
lives. Profiles on Facebook, Instagram, Twitter, and similar social
media sites proudly display photos and status updates of our
experiences and opinions.
However, these social media posts can have an adverse effect
if you have sustained an injury and are trying to recover for your
losses. Courts have realized the potential influence that social
media postings can have on personal injury claims and,
therefore, regularly allow adverse parties access to social
media profiles1 and allow relevant posts to be presented
as evidence2 against an injured plaintiff when applicable.
The Defense Will Request Access
Defense lawyers rarely asked for access to the social media accounts
of clients 5 years ago. Today, it is a standard request by most
defense lawyers in every personal injury case in Georgia.
Real Life Example Of Social Media Hurting A Case ...
What Does a Personal Injury Lawyer Do
In this video, attorney Ted Spaulding explains how he works for his
clients as a personal injury lawyer in Georgia. He details how he
works to get the best results possible in each case and how he
strives to lift the burden off of his clients.
What does a personal injury lawyer do? Continue to watch this video
to find out.
Hi, I'm Theodore Spaulding. I am an Atlanta personal injury trial
lawyer and the founder of Spaulding Injury Law.
So the answer to this question is not what you typically think a
personal injury lawyer does. We all know personal injury lawyers
advocate for their injured clients to try to get them just
compensation for their damages. They try cases, they settle cases.
We all know that. But what a personal injury lawyer really does or
really should do, in my opinion, is they are there to learn
everything they can about a client's life, and to be there during a
very difficult time.
What I like to tell people is, "Look, I'm half-lawyer and I'm
half-psychol...
What Does a Personal Injury Lawyer Do
In this video, attorney Ted Spaulding explains how he works for his
clients as a personal injury lawyer in Georgia. He details how he
works to get the best results possible in each case and how he
strives to lift the burden off of his clients.
What does a personal injury lawyer do? Continue to watch this video
to find out.
Hi, I'm Theodore Spaulding. I am an Atlanta personal injury trial
lawyer and the founder of Spaulding Injury Law.
So the answer to this question is not what you typically think a
personal injury lawyer does. We all know personal injury lawyers
advocate for their injured clients to try to get them just
compensation for their damages. They try cases, they settle cases.
We all know that. But what a personal injury lawyer really does or
really should do, in my opinion, is they are there to learn
everything they can about a client's life, and to be there during a
very difficult time.
What I like to tell people is, "Look, I'm half-lawyer and I'm
half-psychol...
How Much Is My Personal Injury Case Worth?
If you have been injured due to someone else’s negligence, you may
have a personal injury claim1 against that person.
One of the most common questions people with personal injury cases
have is how much to ask for in a personal injury settlement. The
most honest answer and one personal injury
lawyers frequently use and non-lawyers hate to hear is – it
depends.
What Factors Affect the Value of Personal Injury Cases in Atlanta?
But it really is true. The value of your personal injury case
depends on a number of factors.
Those factors include the facts of your case including how you were
injured, the severity of your injuries, your prior medical history,
how good of an impression you make on others, your diagnosis and
prognosis, the total amount of your medical bills and lost wages,
the impact your injuries have had on your quality of life, and who
is responsible for your injuries.
All of these factors and many others are relevant to determining
which types of comp...
Who Pays My Medical Bills?
The question our wrongful death attorneys hear most often
from clients at the beginning of their case is who pays my medical
expenses while my case is pending. I often then hear that the client
told the hospital just to bill the at-fault party directly.
Unfortunately, the at-fault party will not, and even more
importantly, is not required to pay your medical bills until you are
ready to resolve the case once and for all. Therefore, in order to
pursue your claim, you need to seek and have your treatment paid for
by you until your case is resolved.
How long does it take to settle wrongful death claims in Atlanta?
The answer to this question varies. That being the case, what
are you supposed to do until you recover wrongful death damages?
Whatever you do, you need to get the proper treatment immediately
and there are several ways you can do it without paying directly out
of pocket.
Paying Expenses After A Wrongful Death With Health Insurance
If you have health insurance,...
An Overview of the Personal Injury Claim Process in Georgia
Societies without laws are also societies without rights. For all of
its flaws, the justice system here in the U.S. actively tries – and
admittedly occasionally fails – to arrive at justice for the victims
of crime and the victims of negligence. Civil courts are where those
injured by someone else’s negligence may pursue injury claims and
seek compensation.
If you are injured by someone else’s carelessness in the state of
Georgia – in a traffic accident or by some other type of negligence
– have an experienced Atlanta personal injury
attorney explain your legal rights and options.
What is a Personal Injury Case in Atlanta?
Unlike criminal cases, personal injury cases do not result in
criminal penalties. Defendants instead are found liable or not
liable, rather than guilty or not guilty, of negligence.
In personal injury cases, injury victims (called “plaintiffs”) seek
compensation from defendants by proving that defendants were
negligent in a way that c...
What is My Injury Claim Worth in Atlanta?
In this video, attorney Ted Spaulding explains the components
involved in understanding how to value your personal injury claim in
Georgia. He details what is most important and how overall claims
are processed.
What is my personal injury claim worth? Watch this video to find out
the components involved in valuing your personal injury claim. Hi,
I'm Ted Spaulding. I'm an Atlanta personal injury lawyer and the
founding partner here at Spaulding Injury Law. This is, obviously,
it's the all-important question, right? When we are in an injury
situation, we always want to know, "Well, what is this claim
potentially worth?" There's a lot of puffery that goes on in
this industry. Unfortunately, some of that is caused by lawyers. You
see TV commercials where they're telling you, "I can't
guarantee you this, but look, I got $300,000 for this client or
$500,000 for this one." Well, the takeaway from those things is
you see how wide-ranging the value of these claims can be, but what
reall...
What Should You Do After a Pedestrian Accident
Once you've been in a pedestrian accident, there are some measures
you should take to protect your rights to compensation. These
include:
Call 911
Call for the police if no one has done so yet, and also ask for an
ambulance if there are any signs of injuries or distress. The police
will make an official report about the accident, which will be
crucial for filing your lawsuit.
Observe Your Surroundings
Remain calm and observe the scene of the accident. Take note of
things such as the road condition, weather, and condition of the
driver. After the accident, you can notice crucial details that make
it easier to prove the other party's negligence.
Take Photos and Videos of Your Injuries and the Scene
Gather evidence by taking photos and videos of the accident scene.
Also, take pictures of the injuries you've sustained. Include photos
of the street signs and surrounding areas. These pieces of evidence
will play a massive role in helping the court determine the party
responsible ...
Should You Accept an Insurance Settlement Offer?
In the aftermath of a serious unexpected injury, you might be
staring down piles of medical bills, as well as struggling with your
household budget due to missed work and lost income. With financial
stress - in addition to the pain and suffering from your injuries -
it is only natural that you are anxious to receive compensation for
your losses from the liable party’s insurance company.
Once you receive a settlement offer, it might be tempting to accept
it, so you have a check in your hand as soon as possible. However,
this can be a huge mistake, and you should never accept an offer
without first discussing the matter with an experienced Atlanta
personal injury lawyer.
Below are some reasons why you should never accept a first offer
without legal guidance. To discuss your specific case, contact our
legal team directly.
First Offers are Generally Quite Low
You might expect that insurance companies would be willing to make
payments that fully cover the losses of victim...
How We Handle Personal Injury Claims
In this video, attorney Ted Spaulding explains how Spaulding Injury
Law manages personal injury cases in the surrounding Atlanta,
Georgia area and what the process looks like for clients
Welcome to this Spaulding Injury Law website. I hope you find this
website informative, you learn more about your case or claim, and
you learn more about our firm, our lawyers, our staff, and our
philosophy in handling personal injury claims.
Hi. I'm Theodore Spaulding. I'm the founding member of this firm and
I'm one of its trial lawyers.
So our motto here at Spaulding Injury Law is real lawyers helping
real people. Well, what does that mean? Real lawyers means we are,
at the end of the day, trial attorneys. We will take your case or
claim and we will try it to a jury of your peers, if that will
unlock just compensation for your injuries. We think that's really
important. There are a ton of lawyers out there. You see them on TV,
on billboards everywhere, advertising. But what you don't kno...
An Overview of Subrogation Claims After A Personal Injury Settlement
Our personal injury attorneys focus a lot of our time
discussing various aspects of cases in order to achieve a favorable
outcome for our clients before or at trial. This focus is
understandable because without it the injured will not receive a
recovery at all or not what they need. In this post, I want to focus
on one area of a personal injury claim that clients are almost
always unaware of and lawyers usually do not focus on until after a
recovery has been received.
The topic is subrogation claims against your recovery by the entity
paying your medical bills during the course of your treatment.
That’s right. You are not done once you receive a settlement or
verdict. You may entity money out of your settlement or verdict for
medical expenses paid on your behalf.
What is a Subrogation Claim in a Personal Injury Case in Atlanta?
If you have a health insurance company or government program (think
Medicare/Medicaid) paying your medical bills, you will be notified
at some point...
How Can Social Media Affect Your Personal Injury Case
In this video, attorney Ted Spaulding reviews the impact that social
media posting on sites like Facebook can have on your personal
injury case resolution.
How can social media affect your personal injury case? Watch this
video to find out.
Hi, I'm Ted Spaulding. I'm an Atlanta personal injury trial lawyer
and founder here at Spaulding Injury Law.
So this is a hot topic in the personal industry. It's one that comes
up often now. We get it all the time in discovery, asking for our
clients' social media handles, asking for access to social media. If
it has been made private, why? Well, they're looking for any sort of
information that they can, in my opinion, twist and use to say,
"You're not as injured as you say you are."
So obviously the real big problems would be if you are exaggerating
your injuries, right? That's not what the system's supposed to be
about. So if you are testifying that you are so injured, you can't
do things like mow the lawn or go on family vacatio...
How Do You Negotiate With An Insurance Company
In this video, personal injury attorney Ted Spaulding reviews the
process for negotiating with an insurance company and how to put
yourself in the best possible position for success.
How do you negotiate with an insurance company?
Hi, I'm Ted Spaulding, an Atlanta personal injury trial lawyer, and
the founder here at Spaulding Injury Law. Keep watching this video
to find out some tricks of how to negotiate with an insurance
company.
So, this is a difficult one for laypeople to figure out and for
lawyers, like myself, to guide someone. It's, quite frankly, why a
lot of people need an injury lawyer to represent them, to negotiate
for them. brBut if it is a case that you're wanting to negotiate
yourself, or you talk with us or another lawyer, and we do recommend
this from time to time that, "Hey, try to handle it on your own
at first," here's a couple of things. The overarching way to
negotiate is you've got to be negotiating from a standpoint of
strength. And the only way ...
How Long Do You Have To File An Insurance Claim
In this video, attorney Ted Spaulding reviews how much time you have to file a claim with an insurance company after an accident in Georgia. He also explains different potential scenarios and what can happen in the long term. How long do you have to file an insurance company claim after a car wreck? Hi, I'm Ted Spaulding, I'm an Atlanta personal injury trial lawyer and I am the founder here at Spaulding Injury Law: Atlanta. So, this is a tricky question because the nature of the question assumes we're talking about a claim, not filing a lawsuit in court. So, you've just been in a wreck, how do you have to file a claim, set up a claim, if you will, with an insurance company? Well, remember, there's two insurance companies at the very least. There's the at-fault driver's insurance company and then there's yours. And there's two different standards there. When it comes to the at-fault party, you technically don't have a timeline within which you have to file a claim with the insur...
How To Prove Fault in a Personal Injury Case
In this video, attorney Ted Spaulding explains what is needed to
prove fault in a personal injury case. He reviews what elements will
best help prove your story and get you favorable results.
How to prove fault in a personal injury case. Keep watching this
video to learn some of the techniques to prove fault.
Hi, I'm Ted Spaulding. I'm an Atlanta personal injury trial lawyer
and the founder of Spaulding Injury Law: Atlanta Personal Injury
& Car Accident Lawyer.
So the answer to this question is every case is different depending
on what type of case we're talking about, whether it's a car
accident; it's a premises liability, which is your slip and falls,
trip and falls; if it's a trucking case or a wrongful death case.
Obviously, those components are a little bit different. But there's
some core ways that, throughout the different types of cases, that
you can prove fault. And this is a good topic for lay people to
listen to in case you are injured by the negligence of ...
Who Pays My Medical Bills After a Personal Injury?
In this video, attorney Ted Spaulding reviews how medical bill
payment works during a personal injury case. He also answers the
question of who foots the bill.
Who pays my medical bills after a personal injury? Keep watching
this video to learn the answer to this question.
Hi, I'm Ted Spaulding. I'm an Atlanta personal injury trial lawyer
and I am the founder here at Spaulding Injury Law.
So this question is the root of a large misconception that I'm
constantly having to deal with clients. It's understandable why
there's this misconception, but it's a really important one to
understand and to get right. So the misconception is that after
you've been injured, because of someone else's fault, that they're
going to pay for my medical treatment as I go along. It just makes
sense. It's reinforced by insurance. Oh, you know, I was in a car
wreck and, of course, their insurance will pay for my treatment.
That's not how it works, ladies and gentlemen. It is not a
pay-as-you-go ki...
When Can Punitive Damages Be Pursued in a Personal Injury Case?
In this video, attorney Ted Spaulding reviews what general areas of
damage you're allowed to pursue in every case, along with a timeline
of when those punitive damages come into play. He also explains what
punitive damages are.
When can punitive damages be pursued in a personal injury case? Keep
watching this video to find out. Hi, I'm Ted Spaulding. I'm an
Atlanta personal injury trial lawyer, and I'm the founder here at
Spaulding Injury Law: Lawrenceville Personal Injury & Car
Accident Lawyer. So punitive damages. To answer this question,
first, we got to know what are your general areas of damage you're
allowed to pursue in every case, and then what and when those
punitive damages come into play. So your typical areas to remind you
are your medical bills, lost wages, if you have them, and pain and
suffering. So those are your typical three areas that you will be
seeking compensation for in a personal injury case. Now the question
is, "Hey, do I have punitive damages that c...
What Happens In A Personal Injury Case
In this video, attorney Ted Spaulding explains he process of filing
a personal injury claim in Georgia. He details how the goal is
always to move the case along as quickly as possible, and what this
entails.
What happens in a personal injury case? Keep watching this video to
find out. Hi, I'm Ted Spaulding, an Atlanta personal injury trial
lawyer, and I'm the founder here at Spaulding Injury Law. So this
question assumes...it says case, so it assumes that your case has
been filed in a court, meaning a complaint has been filed against
the defendant or defendants, and you're pursuing that case to trial.
So what happens first is, obviously, the complaint is filed, it is
served on the defendant or defendants. Once the defendant is served,
they have 30 days to respond by filing an answer. Then typically
what happens is the discovery period starts. That is a standard
six-month period by Georgia law, but that can be extended or it can
be shortened by the judge within discretion. Typical...
Who Is Owed After Your Atlanta Personal Injury Claim Is Resolved?
In this video, attorney Ted Spaulding reviews what happens after a
personal injury case is resolved, including which individuals and
entities are owed money.
Who do you owe after an injury case is resolved? Keep watching this
video to find out the various individuals and entities that you may
owe.
Hi. I'm Ted Spaulding. I'm an Atlanta personal injury trial lawyer
and the founder here at Spaulding Injury Law.
So this, obviously, comes up at the end of the case, when you have a
settlement or a verdict. The case is over, and now, the monies from
that verdict or settlement need to be disbursed. So there's several
different entities and individuals that need to be paid out of that
settlement in a typical situation. Now, again, every situation's a
little bit different.
So first you have the law firm that's involved, right. Now, be
mindful, your lawyer should be explaining to you that there's two
different categories that the law firms pay back. One are the
attorney's fees, whi...
What to Do After a Truck Accident in Alpharetta, GA
If you’ve been involved in a devastating collision with a large
truck in Alpharetta, it’s easy to overlook important details in the
confusing aftermath of the accident. However, following some basic
steps after a wreck will be crucial to protecting your health and
your legal rights.
After a collision with a commercial vehicle, you should:
Call the Police
Call 911 or have someone else at the scene call the police. Most
accidents involving trucks like semis and 18-wheelers leave victims
with serious injuries and extensive property damage. First
responders can help you get the prompt medical attention you need
for your injuries. They can also help prevent further collisions by
blocking off the area and taking care of debris and wreckage from
the accident.
Seek Emergency Medical Treatment
If you did not receive medical treatment at the time of the crash,
it’s critical to see a doctor as soon as possible. Some serious
injuries from truck accidents aren’t immediately obviou...
Rental Liability, Pedestrian Accidents, and More
Trying to figure out who was at fault for an accident sometimes can
be cut and dry. Other times, there are a lot of different
complexities that can impact how an investigation goes. It’s not
always so easy to figure out who is at fault, especially of both
sides refuse to relent. No one wants to be the one to have an
accident on their insurance or their driving record. When that
happens, the rates can go up significantly. They also might be on
the hook for damages. If you are unsure who may be liable in a case
like this, reach out to your Atlanta personal injury attorney.
When there are two drivers involved both of them have insurance,
which is typically the best scenario. Damages are covered and
everyone can go about their day. Insurance companies might settle
and say no one is at fault. That’s because accidents happen, and
they’re a regular part of driving. There’s no need to usher in
investigations, court cases, and other types of drama over a simple
car accident.
Y...
Does Vetoed Bill to Waive Sovereign Immunity in Georgia Affect Personal Injury Victims?
Legislation which would have allowed citizens to challenge the
constitutionality of state laws was vetoed by Georgia Governor Brian
Kemp in May of 2019. House Bill 311 was a bill designed to waive
instances of sovereign immunity and was approved by the Georgia
House of Representatives and Senate unanimously before being vetoed
by the governor, along with at least a dozen other bills. A similar
measure was vetoed by former Governor Nathan Deal in 2016.
What is Sovereign Immunity?
Sovereign immunity is the principle that prevents anyone from
directly suing branches of the government. Normally citizens have
the right to recover money for any costs and losses related to an
injury caused through no fault of their own. The money is paid for
by the person or company responsible for the injury (or their
insurance company). However, what if the accident was caused by
someone working in the government, or a governmental institution? In
this case, the legal doctrine of “sovereign immunity?...
What Is Diminished Value in Georgia?
The Right Law Firm for Your LawrencevilleVehicle Accident Case
When you need legal assistance with your vehicle collision claim,
look no further than Spaulding Injury Law: Lawrenceville Personal
Injury Law. We have achieved successful results for past clients
injured in car collisions, including:
Settled a case for $$350,000. Rear-End Wreck.
Settled a case for $50,000. Low-Impact Car Accident Case.
Settled a case for $425,000. Motor vehicle accident, drunk driving.
Our legal team is dedicated to getting fair results for every client
we represent, and we never back down from insurance companies. When
you work with our firm, you can expect the highest quality of
representation, personalized and effective service, and stress-free
handling of your vehicle collision injury claim.
If you are involved in a traffic collision, and if you file a
property damage claim to have your vehicle repaired, you may be
leavi...
How Hospitals Scam Vulnerable Personal Injury Victims
In this article, my Savannah motorcycle accident law
firm wants to give you a legal tip in case you are injured in a
motorcycle accident or quite frankly, even if it’s in one of your
everyday vehicles.
Does The Hospital Scam Injury Victims?
We’ve seen this in the past couple of years and here’s the scenario.
You get injured, you’re transported, or you go to the hospital
yourself to get treatment right after the accident.
You obviously let the nurse and the hospital administration staff
know that it was because of a wreck. And then immediately you start
hearing from them that you need to fill out this form or that form.
Then they tell you, “If it’s a wreck, we don’t take your health
insurance. We bill it to the at-fault party.” This is why this works
so well because to the everyday person, especially people who have
not been in a wreck before, that makes a lot of logical sense.
Why Is This A Scam?
The at-fault party does not pay this bill right away. The i...
Can A Personal Injury Affect Your Employment?
If you’re unexpectedly and severely injured in an accident, it may
take you a number of weeks – and maybe even months – to recuperate.
Particularly if you’ve been catastrophically injured or temporarily
disabled, and if you need more than several weeks to heal, for some
people working for some employers, your employment could be at
stake.
After a serious injury, what are your employment rights? What are
the rights of employers? How can you protect your employment if you
require a little extra time to recover from your injuries? How can
a car accident lawyer help?
When a Severe Injury Happens, What Are the Priorities?
When a serious accident happens, seeking medical treatment is the
top priority. If you’re the person who’s been injured, after you’ve
been seen by a physician or another healthcare provider, the next
thing you must do is to retain legal counsel that you trust.
If you’re in the Atlanta area, as quickly as possible after your
medical exam,...
Can You Sue For A Mental Illness Cause By A Personal Injury?
Typically, a personal injury claim is based on physical injuries. If
a negligent driver injures you, if your neighbor’s dog bites you, or
if you slip on spilled juice at the supermarket and break your leg,
you can probably be reimbursed for the medical bills arising from
your physical injury. This is where a Savannah personal injury
law firm can help.
However, some accidents cause more than physical injuries. Serious
accidents in particular often cause substantial mental and
psychological injuries as well as physical injuries.
Everyone reacts differently to traumatic events. One person in a
catastrophic traffic accident, for example, may have nightmares for
years, while another person in the same accident may experience no
lasting psychological effects whatsoever.
Can You Be Compensated for a Psychological Injury?
Psychological damage arising from an accident may not be visible to
the naked eye, but it nevertheless can be quite extensive and quite
damaging. Without treat...
Is There A Statute of Limitations For Personal Injury Cases In Georgia?
You or a family member have been injured in Georgia and you’re
wondering how long do I have to act on my claim before I lose my
rights? That’s called the statute of limitations. Keep watching this
video to learn more about how long you have to act before you lose
your rights forever in the state of Georgia.
What is the Statute of Limitations For Personal injury Cases in
Atlanta?
Hi, I’m Ted Spaulding. I’m an Atlanta personal injury trial
lawyer here with Spaulding Injury Law. Thank you for watching
this video.
Let me tell you a little bit about the statute of limitations here
in Georgia on injury claims.
The typical statute of limitations is two years for almost every
injury claim that you can think of except for medical malpractice
claims. That has a separate statute of limitations often times.
So, you got typically two years from the anniversary of the incident
that led to injury to work with a personal injury lawyer and file a
lawsuit. Now, you need to keep i...
Proving Fault In An Injury Claim
In Georgia, if you’re injured by a person who was negligent, you are
entitled to compensation for your medical expenses, your lost wages,
and all other accident-related damages. But obtaining compensation
isn’t as easy as it sounds.
Think about it. When someone is injured, it’s almost always because
someone was careless.
Whether it’s a traffic accident injury, a slip-and-fall injury at a
restaurant or a supermarket, or a dog bite injury on your own
street, the central legal question about an accident with injuries
is simply this: Who was at fault? Can an Atlanta car accident
attorney help?
What Legal Principles Are Used to Determine Fault?
The basic legal rule is that the person who was at fault should pay
for the damages suffered by the injured person. If both people were
partially at fault, the more negligent person should pay at least
part of the more responsible person’s damages.
To determine liability in a particular case, that basic rule is
usually combi...
Is Lawrenceville Suburb of Atlanta, GA Safe?
Lawrenceville is a suburb of Atlanta that has a lot to offer.
Incorporated in 1821, it is the second-oldest city in the metro
area. Lawrenceville was named after the commander of the frigate
Chesapeake during the War of 1812, James Lawrence, and Ezzard
Charles – who became the World Heavyweight boxing champion in 1950
when he defeated Joe Louis – was born here. Another citizen
highlight in Lawrenceville is Oliver Hardy of Laurel and Hardy fame,
who lived in the city during his childhood years. Lawrenceville is
the kind of safe city that is well loved for its many parks and its
laid-back suburban feel.
Because dangerous accidents can happen anywhere, however, they can
also happen here. You should always reach out to an experienced
Lawrenceville personal injury attorney if someone else’s negligence
leaves you or someone you love injured.
While the scenery is beautiful and the weather is fine in the
Lawrenceville area, you should expect seri...
What is a Plaintiff?
Simply put, a plaintiff is the person filing a claim in court. The
defendant is the person or party the plaintiff has brought the claim
against. The plaintiff must file a statement of claim, or petition,
which is a sworn statement that contains all the required
information for a proper claim to be made.
Filing a claim as a plaintiff is generally done when the plaintiff
has been injured in some way, such as in a car accident. The injury
the plaintiff has suffered resulted in damages caused by the
defendant. The plaintiff in this situation is seeking compensation
from the defendant to cover the damages. As we’ll discuss below, the
plaintiff can only recover damages if they prove the defendant is
responsible for them.
The best way to support your claim as a plaintiff is by working with
an attorney. If you have suffered a physical injury in a car
accident, workplace accident, or other incident, working with a
personal injury attorney from Spaulding Injury Law will support the
be...
Common Surgeries After Car Accidents
The immense impact of car accidents makes them exceptionally
dangerous, and many of the injuries sustained by car accident
victims require surgery and extensive follow-up care, which can make
the recovery period that much more challenging. If another driver’s
negligence leaves you injured, it’s time to consult with an
experienced Atlanta car accident attorney.
Surgeries to Stabilize Broken Bones
Broken bones are painful, dangerous injuries, and when the break is
compound or otherwise complicated, surgery is often required to help
keep the bone stabilized while the fracture heals. This generally
involves implanting screws, pins, rods, or plates in the affected
area. The tendons and muscles that surround the broken bone can also
be torn in the course of the accident and may require surgical
repairs. Further, when a joint is damaged or shattered completely in
a car accident, a partial or total joint replacement may be
necessary. The recovery after surgery for a broken b...
Georgia Wrongful Death Statute
A wrongful death claim addresses the loss of a family member to
someone else’s negligence – or worse – and they are some of the most
legally and emotionally challenging civil cases. No form of legal
compensation can ever return your loved one to you, but a wrongful
death claim may provide you with the resources necessary to remain
on the path toward recovery.
If you are in the very difficult position of having lost a loved one
to someone else’s wrongdoing, consult with an experienced Georgia
wrongful death attorney today.
Wrongful Death: The Basics
Wrongful death claims are exceptionally complex, but better
understanding the basics can help you better understand your own
case.
The Person Who Files
In Georgia, if the person who lost their life (the decedent) has a
surviving spouse, it is their right to bring a wrongful death claim
for the full value of their lost spouse’s life. If the decedent has
no surviving spouse, this right goes to their surviving children or
...
How to Report Aggressive Driving in Each State
Road rage and aggressive driving are becoming very common on
roadways across the United States. Therefore, you may be curious
about how to report aggressive driving in your state. Our car
accident attorneys at Spaulding Injury Law have created a list
explaining how to report these incidents in each state and the
punishments for convicted drivers. Keep in mind that aggressive
driving may fall under reckless driving in some states because they
have not implemented a law specifically for aggressive driving yet.
Alabama: Dial 9-1-1 before an accident can occur. You can also fill
out a report on the aggressive incident online. Individuals who
receive a first conviction of aggressive driving may be punished by
imprisonment for up to 90 days. They may also receive a fine of
$500.
Alaska: Get the vehicle's information, such as license plate number,
the make and model, description of the driver, and any
characteristics that stand out about the vehicle. Call 9-1-1, a...
Deposition: What Is It and What Happens at It?
If you have been injured by someone else’s negligence and are being
deposed, are having the at-fault party deposed, or both, you may be
experiencing considerable stress. After all, depositions are
completely alien to most people outside the legal profession, and
often, there is a lot riding on this important discovery tool. A
better understanding of what depositions are all about can help you
calm your nerves and proceed with a greater purpose in your personal
injury or wrongful death case.
One of the most important steps you can take if someone else’s
negligence causes you to be injured is reaching out for the skilled
legal guidance of an experienced Georgia personal injury attorney.
What Is a Deposition?
Depositions amount to sworn testimony that is taken outside of the
courtroom, and they afford both sides the opportunity to officially
question one another – while everything is recorded and transcribed
by a court reporter. While depositions are taken for many reasons,
...
Is Lane Splitting Legal in Georgia?
If you have been on a busy street and seen smaller vehicles, such as
motorcycles, passing through the traffic, you may wonder if this is
legal. While motorcycles may be tempted to make their way around the
traffic by fitting between the cars or lanes, motorcyclists must be
aware of the laws and what is allowed in the state that they are
driving in. In this article, the motorcycle accident lawyer at
Spaulding Injury Law will go over lane splitting and answer whether
it is legal in Georgia.
What Is Lane Splitting?
Lane splitting is when a motorcycle, bicycle, moped, or other small
vehicle passes other vehicles by going into the area between the
lanes. While any type of smaller vehicle may help lane split,
motorcyclists are the most common driver to be seen doing
this.
Motorcycle drivers who participate in lane splitting may do this
regardless of if the lanes are going in the opposite or same
directions. Some motorcyclists believe that there is an imaginary
temporary l...
August is Back to School Safety Month
The start of the school month is a hectic time for many households
in Atlanta. Parents will need to juggle work and other obligations
with a demanding school schedule, homework, extracurricular
activities, and more. It can be easy to forget to go over important
safety tips and accident risks with your child. To help keep
children safe, the National Safety Council recognizes Back to School
Safety Month in August.
Getting to School
No matter how your child gets to school, there are risks of
transportation accidents. This includes the following:
Riding the bus - Ensure your child knows how to safely wait at the
bus stop, as well as board and exit the bus, which includes ensuring
the bus driver can see them at all times. Once they are on the bus,
they should wear seat belts (which should be available) and remain
seated at all times.
Riding a bike or walking - Teach your child how to cross streets at
crosswalks and follow traffic signals and crossing guards. Make sure
they alwa...
OCGA 9-11-67.1a: Georgia Laws on Injury Settlements
If you are injured by another driver’s negligence in a car accident
in the State of Georgia, your claim will be governed by state laws
that determine the legal standards as they relate to negligence and
compensation. If this is the difficult situation you find yourself
in, a better understanding of the legalities can help, and having an
experienced car accident attorney from Atlanta in your corner is
well advised.
What the Law Says
One of the primary laws that guide Georgia car accident claims is
Georgia Code Section 9-11-67.1 (OCGA 9-11-67.1), and in 2021, a
newly enacted version of this code section was implemented. And
there are several important takeaways – that could affect your claim
arising out of a car accident that occurred after July 1, 2021 – to
explore.
Limiting the Terms that Can be Included in Your Demand
Georgia’s Code includes five material terms that must be included in
every pre-suit settlement offer made by insurance companies,
including:
Th...
Can I Fire My Lawyer?
If you have been injured by someone else’s negligence, it is likely
to leave you feeling shocked and uncertain – in addition to being
injured and in pain. In other words, you’re vulnerable and need
professional legal counsel on your side.
You found a lawyer whom you’ve been working with, but you may have
doubts about whether or not you’ve found the right lawyer for you.
This might happen if you don’t feel like your case is progressing,
don’t feel like your case is receiving the attention it requires, or
have any other misgivings.
Many people are hesitant to fire their lawyers – or believe that it
isn’t their right to do so – but the fact is that if you believe
your lawyer isn’t doing your case justice, it is your right to fire
them and hire another, and you are well advised to do so.
You always need to find the right personal injury attorney for you
and your situation.
It All Comes Down to Trust
The relationship between a client and t...
How Long Does A Police Report Take?
There are many reasons why you need a police report after your car
accident. You may not be able to move your car following the
accident. The other driver may be intoxicated or uninsured. The
driver may have even left the scene of the accident. Whatever the
case, a police report can benefit your accident in so many ways.
Read on to find out how long it will take to file a police report
for your car accident from the car accident lawyers at Spaulding
Injury Law: Atlanta personal injury lawyer.
How police reports affect your claim
Police officers are used to filing reports for car accidents. They
know how to record the necessary evidence that you'll need to file
your insurance claim. One of the most common issues with car
accident claims is proving liability. The other driver may argue
that you were the at-fault driver of your accident. The details in a
police report can be used to determine who was truly responsible for
the accident.
There is additional information that your law...
Tips For Finding A Personal Injury Lawyer in Atlanta
Getting referrals from other attorneys, friends, or family members
is a more effective way to get some names together. Once you have a
few referrals, you will want to research them until you find the
best personal injury attorney in Atlanta. Follow these tips for
hiring a personal injury lawyer:
Can I Ask the State Bar Association to Recommend Top Personal Injury
Attorneys?
If you are interested in doing business with different law firms,
you can get more information about each one by checking with the
Georgia State Bar A...
How Many Gears Does An 18 Wheeler Have?
Every motorist wants to avoid a truck accident as much as possible.
Truck accidents can be caused in several ways. One of the common
causes is mechanical failure.
The little things – like the gears on a semi-truck – can cause
a truck to break down and hurt other drivers. Learn more about the
gears on a semi-truck and how constant wear and tear can lead to a
truck accident from the truck accident attorneys at Spaulding Injury
Law: Atlanta Personal Injury Lawyer.
The total number of gears
in an 18 Wheeler
A semi-truck contains between 10 to 18 gears.
Unlike cars with seven gears, semi-trucks need additional gears to
function safely. Semi-trucks are constantly transporting large
amounts of cargo. The average semi-truck can carry up to 80,000
pounds. To manage that weight, the truck needs additional gears in
the transmission.
A truck’s gears are used to supplement the truck’s brakes. They
often help a truck driver control their speed or come to a safe stop
while brakin...
3 Reasons Why Truck Accidents Are More Destructive
Anyone involved in the trucking industry or who owns a large truck
as their personal vehicle knows that operating trucks require more
attention and expertise than most other vehicles, which is why
skilled truck drivers are in high demand. Employers know that it's a
dangerous profession, so shouldn't you have a truck accident injury
lawyer that also understands the risks? Below are three of the main
factors that contribute to the danger of truck accidents.
Dimensions
Blind Spots – Trucks have over double the size of blind spots as
average vehicles. 35% of fatal accidents involving trucks are due to
cars “hiding out” in blind spots.
Wider Turning Radius – Trucks require much more space to make turns.
Higher Ride – Truck drivers sit very high off the ground, which
limits vision.
Slower Stopping Speed – Traveling at 55 mph, trucks take 335 feet on
average to stop. In an emergency, every second and every foot make a
tremendous difference
Cargo
Unlike pass...
Why Are Spoliation Letters So Important In Your Truck Accident Case?
In this video, Attorney Ted Spaulding reviews the importance of
spoliation of evidence letters for a tractor-trailer accident case.
He explains what spoliation letters are in the context of this kind
of litigation, and how a lawyer can assist.
Why are spoliation of evidence letters so vital in your
tractor-trailer accident case? Keep watching this video to find out.
Hi. I'm Theodore Spaulding. I'm Atlanta personal injury trial lawyer
and I'm the founder here at Spaulding Injury Law.
So spoliation of evidence letters, very, very important in
tractor-trailer cases. They're important in all personal injury
cases but so much more so in tractor-trailer wreck cases.
First what is it? Spoliation of evidence letters, a letter that your
lawyer will get out that tries to preserve all evidence, potential
evidence that could be involved with your case. Under the Georgia
code, if that letter goes out and is received by somebody that has
evidence, then they later are found to have d...
Why It Is Important To Properly Identify The Tractor-Trailer Involved In A Wreck
In this video, attorney Ted Spaulding reviews why is it important to
properly identify the tractor-trailer involved in your motor vehicle
wreck. He explains the nuances of truck accident cases and how these
details help in a truck accident case.
Why is it important to properly identify the tractor-trailer
involved in your motor vehicle wreck? Hi, I'm Theodore Spaulding.
I'm an Atlanta personal injury trial attorney. I'm the founder here
at Spaulding Injury Law. So to answer this question, it seems odd at
first. Why do we worry about this? Well, what I mean by properly
identifying the tractor-trailer involved is several things. One,
obviously making sure that we had the exact tractor-trailer involved
in the wreck, there was no hit and run. This is the vehicle
involved. Number two is to properly identify it, meaning are we
dealing with a commercial trucking company that's interstate versus
intrastate. Different laws may apply depending on whether you're
talking about a interstate t...
How Much Does A Truck Accident Attorney Cost
In this video, attorney Theodore Spaulding answers the question of
how truck accident attorneys are compensated during personal injury
cases.
How much does a truck accident attorney cost?
Hi. I'm Theodore Spaulding. I'm an Atlanta trial lawyer and the
founder here at Spaulding Injury Law. Keep watching this video to
find out the answer to this question.
So tractor, trailer, truck accident cases is one of the specialties
that we have here at Spaulding Injury Law. We handle a number of
these cases every single year. These tend to be bigger cases,
injuries are much more severe. So the question is what does it cost
to hire a truck accident attorney in Georgia? So the short answer is
it costs you nothing upfront, but be careful because you need to
know what is it going to cost you at the end. So you see a lot of
advertising all over the place that, you know, "No fee unless
we win. You won't pay anything unless we win." While that is
not a false statement, it is not the full statemen...
Does the FMCSA Really Keep Dangerous Truck Drivers Off the Roads?
At the Atlanta office of Spaulding Injury Law, our truck accident
attorneys work to hold negligent truck drivers and companies liable
for any accidents and injuries they cause. If you have suffered
injury in a truck accident, please contact our office for assistance
today by calling (770) 821-6862 to schedule a free consultation with
our truck accident attorneys.
The Federal Motor Carrier Safety Administration (FMCSA [1]) enacts
and enforces numerous regulations that commercial truck drivers and
companies must follow. These regulations are meant to keep other
motorists safe and cover matters from rest and sleep breaks to
random drug testing to truck inspections. One important FMCSA
regulation requires truck drivers to pass a medical examination
before they can receive or renew a commercial driver’s license. This
requirement is intended to make sure that all drivers are physically
capable of controlling a truck and to prevent adverse health events
such as heart attacks or seizur...
Who is Liable in a Truck Accident in Georgia?
In this video, trial attorney Ted Spaulding reviews liability in
personal injury cases during truck accidents in Georgia.
Hi, Ted Spaulding here, founder, lead trial attorney at Spaulding
Injury Law. Thanks for watching this video. We're gonna answer the
question, who is liable in a truck accident in Georgia? So, the
answer to this question is really important. It's a great question
to ask if you're involved in a truck accident case here in Georgia.
We're talking tractor-trailer, semi, 18-wheeler, a commercial
vehicle, all of those kind of fit in that same category. So, who's
liable? Well, in your standard tractor-trailer wreck case, there are
multiple potential people entities that could be responsible for
your wreck, and they all can be responsible in tandem, if you will.
And that's what makes truck accident cases so difficult to handle on
your own. And why I always recommend if you're in a serious truck
accident, you need to speak with a lawyer and hire a lawyer. There
are t...
How Does a Truck’s Black Box Help My Personal Injury Case?
Much like an airplane, most commercial trucks have an event
data recorder,1 also known as a “black box,” that records
important information regarding the performance of the truck. Some
of the information recorded includes the following:
GPS information regarding the truck location at a certain time
Communications between the driver and trucking company
Engine RPMs
Hard braking
Tire pressure
Whether the driver engaged the clutch
Speed of the truck
Interpreting the information recorded on a truck’s black box can be
simple in some cases, such as simply knowing that a truck driver was
exceeding the speed limit when the collision occurred. In other
instances, however, a deeper analysis by a truck accident
attorney may be done to identify negligence.
Hours of Service Violations
One common act of negligence that may be identified using black box
information is fatigued driving. Because of the dangers of driving
while fatigued, the Federal Motor Carrier...
3 Reasons Why Semi-Truck Accident Cases Are More Difficult
In this video, trial attorney Ted Spaulding explains three reasons
why semi-truck accident cases are more complicated than other
personal injury cases.
Three reasons why semi-truck accident cases are more complicated
than other personal injury cases. Keep watching this video to find
out why.
Hi. I'm Theodore Spaulding. I'm Atlanta personal injury trial lawyer
and I'm the founder here at Spaulding Injury Law.
So there are three reasons why these cases can be very complicated.
Number one, naturally, we're oftentimes dealing with catastrophic
injuries, even death, so that's the first thing, high stakes.
Number two, because it's high stakes, these tractor-trailer
companies have what we call go-teams ready anytime one of their
trucks are in a wreck. They have lawyers on retainer in that state.
They have accident reconstruction experts and they go out to the
scene the day of the wreck. Also you're gonna have DOT and others
come out to the wreck as well.
So because you ha...
How Truck Drivers’ Health Issues May Lead to Injuries
Truck driver error is the most common cause1 of collisions
involving large commercial trucks in the United States, according to
our truck accident attorneys. When you think of driver errors,
you likely think of texting and driving, drunk driving, speeding,
and similar acts. But, our truck accident lawyers find
that one type of driver negligence is not widely recognized. That
type of negligence is driving with health issues.
The Federal Motor Carrier Safety Administration (FMCSA)2 has
stringent regulations for commercial truck drivers regarding their
health. In order to obtain or maintain a commercial driver’s license
(CDL), an individual must undergo and pass a medical examination to
show that they do not have any specific health conditions that may
interfere with their ability to safely operate a commercial truck.
In the past, drivers would collude with medical professionals to get
false sign-offs on a clean bill of health so that they could renew
their licenses. In respo...
Truck Crashes Can Be Toxic
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 che...
Why Is It So Important To Send A Spoliation Of Evidence Letter After A Georgia Truck Accident?
Before answering this question, allow us to explain what a
“spoliation of evidence letter” or “preservation letter” is. This
letter is sent to the trucking company for the at-fault driver
requesting that it preserve certain evidence or potential evidence
that may be relevant to your injury case against it and its
driver. It helps fight against the destruction of evidence that
is helpful to your Atlanta truck accident lawyer.
Great. You now know what it is but why is it so important?
First, because by the time you decide you need to pursue a claim
against the trucking company for your injuries, several
investigations into how the truck accident occurred have already
taken place. This means you are already behind on your investigation
into the cause of the accident before you even begin.
Who has already investigated the accident? For starters, law
enforcement and/or the DOT or both have likely already conducted an
investigation. Most importantly, the trucking company an...
Truck Accident Claims in Georgia
As experienced truck accident lawyers, we are aware of the
legal distinctions and differences in the way that truck crashes are
handled versus typical car accident cases. However, it might
surprise those who have never been involved in a personal injury
case involving a truck crash that these types of collisions are
distinctly different from common car accidents. For this reason, it
is important to hire an experienced truck injury lawyer who knows
the ins and outs of these cases.
Determining Liability in Personal Injury Cases Involving Commercial
Truck Accidents
Generally, in a car accident injury case, the only defendant in the
case is the driver. This is not the situation with truck
accident claims in Atlanta. When a truck is at fault in a collision,
there are quite often multiple potential defendants (i.e. the
driver, the owner of the vehicle, the transport
company, etcetera). The following is a breakdown of the
potential defendants and the corresponding theories of liabili...
What Are the Most Dangerous Highways in the State of Georgia?
If you live in Atlanta, Georgia, you are no stranger to
dangerous highways. Although the Georgia Department of
Transportation (GDOT) is doing their best to make these roads safer,
it will take time. The following highways are some of the most
hazardous in the state of Georgia, and we urge you to use caution
when using each one. GDOT is taking steps to improve driving
conditions and lower accident and fatality rates, but every driver
is responsible for taking safety precautions and avoiding accidents.
In the event of an accident, an Atlanta truck accident
lawyer can help.
Interstate 85 (I-85)
Spanning 180 miles and running northeast to southeast, I-85 in
Georgia is a busy highway. Fatal crashes average about one every two
weeks. GDOT is working to make I-85 safer by widening lanes and
adding barriers to relieve the traffic flow along the congested
highway.
Interstate 75 (I-75)
I-75 stretches approximately 300 miles, and has some of the heaviest
traffic is the state of Georgia....
How Road Construction Workers Are Injured in Tragic Accidents
Construction is a hazardous profession. Workers regularly suffer
injuries in a variety of accidents, including electrocutions, falls,
bike accidents and much more. Workers who work in road construction
have even more risks to deal with every day. In turn, the workers
are also at risk of causing injury to others in their cars passing
by the construction site. For this reason, road construction
accidents can result in many accidents, and the United States
Department of Transportation Federal Highway
Administration reported that 87,606 car crashes happened
in road work zones in 2010 alone.
Accidents Caused by Motorists
Road construction zones generally have strict safety rules for
passing motorists, including lowered speed limits, yield signs,
redirected traffic, and more. Drivers must take reasonable care to
follow all signs and signals and drive through the work zone safely.
If drivers fail to take appropriate care, they may face serious
consequences, as Georgia law2 allows for ...
How To Get The Police Report After a Wreck
In this video, attorney Theodore Spaulding explains what steps are
needed to obtain the police report after a motor vehicle accident in
Georgia.
How to obtain the police report after a car accident? Hi, I'm, Ted
Spaulding. I'm an Atlanta personal injury trial lawyer, I'm the
founder here at Spaulding Injury Law: Lawrenceville personal injury
attorney. So, this is always the first step for us. When we take on
a new case, we need to see the police report. So, we ask our
clients, do you already have the police report? Oftentimes they do.
If they don't, how do you get it? Well, there's several ways to get
it, but there's certainly easier ways to do it than others. One, if
it's a local police department or sheriff's office very close to
you, you can go down there and pick it up. Nowaday, it's taking a
good four to seven days for these to be ready. So, you would want to
call in advance, make sure it's ready, then go down there, pick it
up. Oftentimes when you do it that way, it's fre...
What to Do After a Truck Accident in Alpharetta, GA
If you’ve been involved in a devastating collision with a large
truck in Alpharetta, it’s easy to overlook important details in the
confusing aftermath of the accident. However, following some basic
steps after a wreck will be crucial to protecting your health and
your legal rights.
After a collision with a commercial vehicle, you should:
Call the Police
Call 911 or have someone else at the scene call the police. Most
accidents involving trucks like semis and 18-wheelers leave victims
with serious injuries and extensive property damage. First
responders can help you get the prompt medical attention you need
for your injuries. They can also help prevent further collisions by
blocking off the area and taking care of debris and wreckage from
the accident.
Seek Emergency Medical Treatment
If you did not receive medical treatment at the time of the crash,
it’s critical to see a doctor as soon as possible. Some serious
injuries from truck accidents aren’t immediately obviou...
How Long Does A Police Report Take?
There are many reasons why you need a police report after your car
accident. You may not be able to move your car following the
accident. The other driver may be intoxicated or uninsured. The
driver may have even left the scene of the accident. Whatever the
case, a police report can benefit your accident in so many ways.
Read on to find out how long it will take to file a police report
for your car accident from the car accident lawyers at Spaulding
Injury Law: Atlanta personal injury lawyer.
How police reports affect your claim
Police officers are used to filing reports for car accidents. They
know how to record the necessary evidence that you'll need to file
your insurance claim. One of the most common issues with car
accident claims is proving liability. The other driver may argue
that you were the at-fault driver of your accident. The details in a
police report can be used to determine who was truly responsible for
the accident.
There is additional information that your law...
Wrongful Death Resulting From Police Procedures
As wrongful death lawyers, we know that with the current
climate of the country, police conflicts and alleged abuses are
appearing in the news every day. Indeed, the torrent of video
footage from the past few months’ Occupied Wall Street protests has
not only sparked cries for a review of police procedures, but has
also made for a very sympathetic environment for plaintiffs seeking
damages from police agencies. As a result, police departments around
the country are reviewing policies and training procedures to reduce
the potential threat of use of force lawsuits.
Recently, even the manufacturers of police equipment have absorbed
some of the liability for police-related injuries and wrongful
deaths. Last summer, a Federal Court ruled that Taser International,
Inc. must pay $10 million to the family of a teenager who was killed
when police deployed one of their electronic control devices. In the
lawsuit, the parents of the deceased teenager and their wrongful
death lawyer argue...
An Overview Of Wrongful Death Lawsuits In Georgia
When a drunk driver takes the wheel, a landlord fails to keep a
property maintained, or a doctor fails to diagnose a disease,
wrongful death can happen. How is “wrongful” death defined?
In Georgia, if you die accidentally because someone was negligent,
will your family have legal options? Will they be entitled to
compensation? Keep reading, and you’ll learn what everyone needs to
know, in these dangerous times, about wrongful death and the law in
Georgia and how a wrongful death attorney in Atlanta can
help.
What is a Wrongful Death Lawsuit in Atlanta?
When another person’s negligent action – or negligent lack of action
– causes an accidental death, even though there was no intention or
premeditation to kill, the fatality may be deemed a “wrongful”
death.
When someone’s negligence leads to someone else’s death, a wrongful
death lawsuit may be pursued, usually by the immediate relatives of
the deceased person, against the person or persons whose negligen...
Legal Steps To Take After A Fatal Auto Accident
If a negligent driver is responsible for the wrongful death of your
immediate family member, does your family have legal recourse? The
answer is yes.
More than 1,500 people died in traffic accidents on Georgia’s
streets and highways in 2016, so the risk is genuine.
A fatal auto collision will have a lasting impact on the victim’s
family, but insurance companies will tend to focus on the short-term
needs, usually offering compensation only for funeral costs, final
medical bills, and related immediate expenses. This is where
an Atlanta wrongful death attorney can help.
What Are the Real Costs of a Wrongful Death?
That compensation helps, but it will not be sufficient to cover the
real costs of a wrongful death. If your spouse died young, your
family will be without that income permanently. Some families face
serious financial hardships – some even lose their homes – after a
wrongful death.
When a family faces the emotional challenge of a loved one’s
unexpect...
How Settlements Are Distributed After A Wrongful Death Lawsuit
Nothing could be more tragic than losing someone you love because
someone else – another driver, an employer, a landlord, or even a
doctor – was negligent. If that happens – though it may be quite
difficult – you must speak at once to an experienced Cumming
wrongful death attorney.
By definition, nobody expects a wrongful death to happen, yet in
2017, over 1,400 people died in traffic accidents in this state. It
can happen to anyone – when it’s least expected. Keep reading to
learn what everybody in Georgia should know about wrongful death and
the law in our state.
While no amount of cash can compensate grieving family members for
the sudden, tragic death of a loved one, wrongful death claims can
help families to avoid the financial difficulties that some families
may face after the abrupt wrongful death of a family member.
How Do Wrongful Death Claims Work in Georgia?
The first and most important question in a case of wrongful death in
Georgia is “Who has the...
Who Can File A Wrongful Death Claim
In this video, attorney Theodore A. Spaulding reviews the
requirements for filing a wrongful death claim in Georgia. He
explains the levels of consideration required and which parties hold
the most decision-making power.
Who can file a wrongful death claim in Georgia?
Keep watching this video to find out.
Hi. I'm Theodore Spaulding. I'm Atlanta personal injury trial lawyer
and I am the founder here at Spaulding Injury Law.
So this is a really important question in wrongful death cases.
Who's got the claim? The injured party, unfortunately, has died, so
they obviously can't bring the claim themselves, right? So what
Georgia has done is set up a statutory scheme that lists, in order
of importance, of who has the claim and you, kind of, go down that
list. If you don't have the first person, you go to the second. If
the second person isn't there, you go to the third.
And so naturally, it all starts with spouse. If the deceased was
married at the time of the incident, then ...
What Damages Can You Pursue in a Wrongful Death Case
In this video, attorney Ted Spaulding explains how damages work in a
wrongful death case. He reviews how to differentiate a wrongful
death claim and an estate claim, and how damages are actually
defined.
What damages are available in a wrongful death case in Georgia? Keep
watching this video to find out.
Hi, I'm Theodore Spaulding. I'm an Atlanta personal injury trial
lawyer and I'm the founder here at Spaulding Injury Law.
So we do a lot of wrongful death cases, unfortunately. They're very
sad cases to handle, but the question always becomes what damages
are we pursuing? And this is a real nuance here. Why? Because I've
got other articles and videos on this, there are two claims
available. There's a wrongful death claim and there's potentially an
estate claim. Two totally separate claims. So what we're talking
about here is the wrongful death claim, not the estate claim. The
estate claim is for medical bills, funeral costs, lost earnings,
those sorts of things, okay. The estat...
How Do You Prove Death In A Civil Case
In this video, Georgia personal injury trial attorney Theodore
Spaulding reviews what factors are involved in proving death during
civil litigation
How do you prove death in a civil case? Keep watching this video to
learn the answer to this question. Hi, I'm Ted Spaulding. I'm an
Atlanta personal injury trial lawyer and I'm the founder here at
Spaulding Injury Law. So this question is, how do you prove wrongful
death in a civil case? So what you have to prove is that the
negligence of another party, either an individual, a corporation, or
both, right caused the death? So wrongful death. So we're back to
that standard injury negligence standard. Was the defendant or
defendants negligent in causing the death of the plaintiff? So some
case, it's very easy to do, right? So if you've got a car wreck
case, tractor-trailer, motorcycle wreck case, all right, those are
easier to prove because you've got a police report most of the time.
Police officer is investigating and determining th...
A Comprehensive Guide To Wrongful Death Cases In Georgia
A wrongful death claim in Georgia can be quite complicated and
confusing for the loved ones attempting to file a claim and even
poses unique challenges and areas for error for
seasoned wrongful death lawyers. What follows is a guide for
both groups to understand as much as possible about the ins and outs
of a wrongful death claim in Georgia.
What is the Difference Between A Wrongful Death Claim and An Estate
Claim in Atlanta?
A wrongful death claim in its broad sense in Georgia arises when a
loved one dies from injuries sustained as a result of the negligence
of another. What is not as widely understood is that there are two
unique set of claims that a specific set of claimants have arising
out of the death of a loved one: First—what is known as the
traditional wrongful death claim; and Second — a separate claim by
the estate of the deceased.
The Wrongful Death Claim — Again this is what is known as the
traditional wrongful death claim. In Georgia, this claim is for
th...
Who Can File a Wrongful Death Claim in Georgia
Wrongful death litigation may be one of the most painful legal
actions for plaintiffs in the field of law. Because of the actions
of another—through their negligence or ill intent—a loved one has
lost their life.
In the State of Georgia, it’s important to keep in mind that not
everyone can bring a suit against a negligent party for a wrongful
death. If you have lost a loved one, talk to a wrongful death
lawyer to discuss your legal options.
Who Can File A Wrongful Death Suit in Atlanta, Georgia?
There is an established hierarchy that is observed by the Georgia
civil courts:
Surviving Spouse – If one exists, the surviving spouse is the
first person of familial relation who can make a claim for wrongful
death. However, the proceeds from such a suit must be divided
equally among any surviving children that the deceased spouse may
have had.
Surviving Children – If a spouse does not exist or is not
present, the children may pursue a wrongful death claim through...
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