Diagnosing Errors

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If you have a question you would like for me to answer, or if you would like to speak with me regarding a potential claim, please pick up the phone and give us a call right now. (770) 934-8000.

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I was riding on my motorcycle on Pleasant Hill Road. It was about 2:00 p.m. – early afternoon. The roads were dry. This elderly woman pulls out of a fast food restaurant’s parking lot. She was trying to turn left and pulled out in front of me. She didn’t even look – or wasn’t paying attention when she pulled out. I couldn’t swerve to avoid hitting her.

Glenn – thanks for the question.

And I’ll answer this in a little more detail in a moment.

* Over 80 percent of all reported motorcycle accidents resulted in injury or death to the motorcyclist.

* Most of the motorcycle accidents in Georgia occur within the metro-Atlanta area.
* But the majority of the motorcycle related deaths in Georgia occur on rural roads versus city streets.
* Motorcyclists are 35 times more likely to experience a deadly accident on the road than those in passenger cars.
* A 2009 report from the Insurance Institute for Highway Safety showed that 42% of fatal motorcycle crashes involved a vehicle turning left while the motorcycle was going straight, passing, or overtaking the vehicle.
The at fault driver was attempting to turn left out of the fast food restaurant driveway when she pulled out in front of you.

(1) Perform a Bike Safety Check BEFORE you ride!
Start with the tires. Make sure they are property inflated by using a good tire pressure gauge.
Look at your tires to see if they have any surface cuts or foreign objects in them.
Check your lights, turn signals and brakes. Please make sure they are in working order.
(2) Follow the speed limit!

Obeying the speed limit will not only help you keep better control of your motorcycle, it may also give you a little more time to react if a car or truck comes into your lane or pulls out in front of you.

Head injury is the #1 cause of deaths in motorcycle crashes.
In fact, a motorcyclist not wearing a helmet is 40% more likely to die of a head injury than one who wears a helmet.

Georgia requires all riders and passengers to wear a helmet.
It is also a good idea to wear protective eye wear.

This is just one other factor that may help you be seen by other drivers.

And it is always a good idea to wear thick pants, boots, shirts with long sleeves or a heavy protective jacket.

ALWAYS check your blind spot before changing lanes or merging into traffic. Motorcycles can be harder to see than other types of vehicles.

Let’s be attentive to the road when we operate our vehicles.

No Texting and no trying to dial the phone.

She received the ticket for failure to yield.
However, just because she was cited for causing the wreck does not mean her insurance company is going to compensate you fairly for your injuries.
Through no fault of your own, you have no idea what YOUR rights are, nor do you know the insurance company’s responsibilities.
And the insurance company is not in the business of telling you everything that they should be doing for you.

And as soon as they hang up the phone with you, they pick up the phone to speak with THEIR lawyer.

A consumer panel survey of auto accident victims by the Insurance Research Council showed the following:

But this next stat tells the real story . . .

3 and ? times more money.

Suppose an injured victim that DID NOT have an attorney settled their claim for only $3,000.00. If they had hired an attorney, they could have settled the case for $10,500.00.

If you or a loved one has been injured in a wreck, I encourage you to talk with a lawyer.

You owe it to yourself – to your family – to get the help you need.
So give us a call right now. (770) 934-8000.
And stay tuned for more of “Do I Need A Lawyer”

Personal Injury Law

What are the 3 things YOU must prove in your personal injury claim?

Welcome to “Do I Need A Lawyer?”

If you have a question you would like for me to answer, or if you would like to speak with me regarding a potential claim, please pick up the phone and give us a call right now. (770) 934-8000.

Gary: My wife and I were hurt in a car accident about a month ago. We were not at fault. I am ok but my wife is not. The other driver slammed into the passenger side door where she was riding. She is still treating with the doctor. We are already getting a lot of medical bills in the mail. If we hire a lawyer, what do we have to prove to be able to recover from the driver’s insurance company?
Our staff of legal professionals are standing by right now to take your information.
The call is completely confidential, there is no obligation, and the consultation is free.
Or you can email me your question.

Jeff in Decatur
Gary: My wife and I were hurt in a car accident about a month ago. We were not at fault. I am ok but my wife is not. The other driver slammed into the passenger side door where she was riding. She is still treating with the doctor. If we hire a lawyer, what do we have to prove to be able to recover from the driver’s insurance company?
Jeff – thanks for the question though I’m sorry to hear about your wife’s injuries and the wreck.

* Someone was negligent in causing the wreck (besides our client);
* This person’s negligence was the proximate cause of our client’s injuries;

This may sound somewhat complicated so let me break down each of these 3 elements for you:

When the defendant rear-ends your car because he did not get his brakes repaired, even though he knew they were not working properly, he is negligent.

Following too closely
Driver distractions due to using a cell phone or adjusting the radio

Failure to yield while turning left

Proximate Cause:
Once we prove the other driver was negligent, then we must show that this negligence was the proximate cause of your injuries.

You are at a complete stop at a red light.

Here is another example:
You have a green light allowing you to proceed straight through the intersection.
The Defendant is traveling in the opposite direction.
He does not see you and he attempts to turn left in front of your car and crashes into your vehicle. You sustain a broken arm and leg in the crash.
His failure to yield while turning left is the proximate cause of the collision and your injuries.
(3) Damages:

Medical bills, including:
-ambulance

-radiology
-medical doctors and specialists

-physical therapy
-prescriptions

Lost wages:

It can be very problematic, however, if someone misses time from work but is paid “under the table” and there is no record on the books. It gets even messier when there is no mention of this work on the tax returns.
Transportation costs

This is clearly money that is coming out of your pocket that you would not have lost if the car wreck never happened.

FUTURE medical expenses

The key component to making a claim for these future medical expenses is to get a doctor’s narrative addressing the medical needs, why they are necessary, how they were caused by the wreck, and the costs of the procedure(s).

The standard for proving future lost wages is simple, yet can sometimes be a difficult hurdle to overcome.
The way a jury measures future lost income is for them to determine what the plaintiff would otherwise have earned in his job or profession but for the injury.
The future lost earnings cannot be speculative and you must have documentation to substantiate your claims.

Sometimes the defendant’s conduct in causing the wreck or his actions immediately after the wreck are so egregious that the law allows us to seek additional damages known as punitive damages.
The purpose of punitive damages is to punish, penalize, or deter the Defendant from repeating the conduct.
For example, punitive damages can be sought in wrecks where:
– The Defendant causes a wreck and attempts to flee or does flee the scene of the collision.

There is a legal presumption under Georgia law that a person is driving under the influence if their blood alcohol level is above .08.
General damages are designed to compensate an injured victim for losses such as pain and suffering, emotional suffering, hardship, or inconvenience.
These damages are hard to quantify for everyone and are highly subjective, so the law instructs the judge or jury to assign these damages on an individual basis.

There is an old saying that “[T]he easiest pain to bear is someone else’s.”
There is a lot of truth to that statement.
It is a challenge to get a jury to understand the degree of pain and suffering someone experiences because of a wreck – especially when the injuries are not visible.
This is clearly one of those areas where an experienced personal injury attorney can help argue the specifics of your case to the insurance adjuster.

You have absolutely nothing to lose by calling a lawyer, but think of all you can lose if you don’t!

The consultation is FREE and completely confidential.

And I encourage you – if you don’t call us, please call someone to help you with your claim.

Personal Injury Law