All

Can You Sue an Auto Repair Shop or Mechanic for Negligence in Georgia?

Taking your car to a mechanic costs time and money. We know that you expect the auto shop to fix your vehicle correctly. But if that doesn’t happen, you may be able to sue the mechanics if they did not act reasonably. That is because mechanics who commit to working on your motor vehicle have a responsibility to do the work right. When that does not happen, a court may say they are negligent. What Is Negligence? Negligence that gives rises to a claim generally happens when these three things occur: Someone has a duty to act with care in doing something;  They breach their duty by not using the level of care ordinarily expected; and They cause harm because they did not do what they were supposed to. In the case of mechanics, they assume a duty of care by agreeing to repair your vehicle. A mechanic has a duty to use the same level of skill as a reasonable mechanic would under the same or similar circumstances. An example may help explain this concept. Let’s say you need your brakes fixed on your truck. You hire mechanics who say they’ll fix the breaks. The auto shop calls and says they repaired your vehicle. So you pay the mechanics and pick up your truck. But, what you didn’t know is that the mechanic failed to install the brakes properly. When driving home, your truck does not stop when you press the breaks, the vehicle is damaged.   In this example, the mechanic negligently caused the damage to your truck. Applying the elements here, we see as follows: The mechanics had a duty to fix your truck; The auto shop may not have used or ordinary care in servicing your truck; and The inadequately repaired breaks directly caused the damage. The factors of duty, level of care, and damage all must be considered when determining if you have a winnable case. How Can an Atlanta Accident Attorney Help When a Mechanic Is Negligent? There are many factors that may affect whether a mechanic is negligent. An attorney is the best person to evaluate those factors. It is crucial to get a lawyer or law firm that understands liability relating to auto shops and can fight for you. An experienced negligence attorney will analyze your case, which may include the following: Review all of the facts, consider the laws, and discuss your options with you;  Help you gather necessary evidence including records, photographs, and expert opinions if necessary; Be sure to follow all the rules and file paperwork needed for court on time; and Negotiate and sometimes settle your claim without going to court. An experienced catastrophic injury attorney can help ensure that you place your mechanic negligence claim in the strongest position possible under the circumstances. Steps to Take If You Think a Mechanic or Auto Shop Is Negligent in Georgia A lot of times a driver won’t realize that the mechanic failed to do their job until it is too late. But, if you do think the car or truck is unsafe, then do not drive the car. Have it towed to another mechanic to double check the work.  If you find yourself in the position where you had an accident and you think it was due to faulty repair, here are the eight steps we recommend that you take: Check on the folks at the scene of the accident and ensure everyone is safe; Call the police and report the accident; Seek medical attention if needed; Call you insurance company and report the accident; Contact a lawyer experienced in cases regarding auto shops and mechanics as soon as possible;  Keep all bills, receipts, and estimates of the work the mechanic did or claimed to do; Do not agree to anything directly with the mechanic or anyone else at the auto shop; and Do not give any statement to the mechanic or their representatives. Your attorney will represent you and take the lead in negotiating your case.  How Can Weatherby Law Firm, P.C. Help You? At Weatherby Law Firm, P.C., we make lives better for folks in the fields of catastrophic injury, truck accidents, class actions, and professional malpractice throughout the state of Georgia. We represent both injured folks and reputable businesses. Because of our experience, we know how to help you. We’d welcome the opportunity to speak with you today. Contact us now.

Continue Reading
Insurance Bad Faith

Can You File an Insurance Claim Without a Police Report in Atlanta, Georgia?

If you were recently in a car accident in Atlanta, Georgia, you probably have a lot on your mind. You may be looking to file a claim with your insurance company. If you are the at fault driver, you will need to file an insurance claim to protect your assets. If you are the injured person, filing an insurance claim can get you the compensation you deserve. Perhaps you are also thinking of filing a lawsuit against the other driver involved in the accident. In both cases, there is an important question: can you file an insurance claim without a police report? Here, we will answer your questions about filing an insurance claim without a police report in Atlanta, GA. We will also discuss your next steps after a car accident if you do not have a police report. Do You Need a Police Report to File an Insurance Claim in Atlanta? It depends on your insurance policy. Some insurance companies do not require police reports. Some insurance companies may require a police report to process claims for personal injuries, so you should check your insurance policy for your company’s specific requirements.  All insurance companies require a claim be filed quickly after an accident. The insurance policy probably has language that require claims be filed “immediately” or something similiar. Because of that, you should report the accident to the insurance company as soon as you can, with our without a police report. If one is required, then supplement your reporting with the police report as soon as you can. Insurance companies require police reports because they provide valuable evidence about the accident. If you do not have a police report, it may be possible to file a no police report insurance claim using a personal accident report available from the Georgia Department of Insurance (discussed below).  Georgia state law requires drivers to report any car accident that results in an injury, death, or property damage over $500. It is in your best interest to call the police to the scene of a car accident even if the other driver just wants to exchange information. A police report can help with your insurance claim. Can I Sue the Other Driver Without a Police Report? If you did not report your accident to the police, you can still file a lawsuit. You can rely on other evidence to support your claim, such as physical evidence, photographs, witness statements, and your own testimony.  In Georgia, generally, you have two years from the date of the accident to file a suit for personal injuries. You have four years from the date of the accident to file a lawsuit for damage to your vehicle or other property. If you are suing on behalf of someone who died as a result of a car accident, generally, you have two years from the date of death to file a wrongful death claim. Although you can sue without a police report, a police report is useful evidence in a personal injury claim. A report made at the scene of the accident preserves details that you or other witnesses might otherwise forget. Step by Step: What Should I Do If the Police Did Not Come to the Scene of the Accident? After an accident, if you did not call the police or they were unable to come, there are several steps you should take to file a no police report insurance claim or a lawsuit. Get Contact Information from the Other Driver If there is no formal police report, you can make your own accident report. Your accident report should include at least the following information: Name, birth date, address, and driver license number of each driver; Year, make, and model of the vehicle involved in the crash; Name, birth date, address, and driver license number of the vehicle’s owner if different from the driver; and Date and location (city or county) where the accident occurred. Include as much of this information as possible in your personal accident report.  Make a Personal Accident Report A personal accident report is a written report that includes the information listed above and a description of the accident. The Georgia Department of Driver Services website provides a form for filing personal accident reports. The description should include all the details that you can remember, including descriptions of any vehicle or other property damage. In the personal report, you can also include the contact information and accounts of any witnesses to the accident. Additionally, you can collect pictures or video of the location where the accident occurred. Pictures and video can be valuable evidence to support or defend a lawsuit or an insurance claim. You can present your personal report to your insurance company or in court as evidence to support your position. Call Your Insurance Company It’s crucial to call your insurance company to report the accident. Reporting an accident does not have to and should not include your admission of any fault for the accident. Most insurance policies require you to report any accident to the insurance company so that they can investigate. If you do not follow this policy requirement, your insurance company may raise your premiums, decline coverage, or decline to renew your policy.  Filing a No Police Report Insurance Claim Once you have reported the accident, you can file a claim with either your insurance company or the other driver’s insurance company. Georgia is a “fault” state for car accidents. This means that the at-fault driver is responsible for compensating other parties for injuries and damage. If you believe the other driver involved in the accident was at fault, you may file your claim directly with the other driver’s insurance company. We recommend that you file with both your insurer and the at fault driver’s insurer, to make sure that all your bases are covered. Contact an Auto Accident Lawyer in Atlanta, GA If you want to file a lawsuit after your car accident or are defending a lawsuit, you […]

Continue Reading
All

Serving a Personal Injury Lawsuit in Georgia on an Out of State Defendant

Video Transcript Alex Weatherby: Usually, serving a lawsuit is pretty simple. We give the papers to the process server and they take them and serve them. But what if the defendant, the person that caused the accident, lives in another state? What if they live in New Jersey or Alaska and you’re sitting here in Georgia? Well, that’s where the Georgia Nonresident Motorist Act can come in handy. What it says is, if you follow a few elements, you can serve the Georgia Secretary of State instead of serving the nonresident motorist. Alex Weatherby: So, what are the three elements? First, we have to have a nonresident, obviously. That seems pretty simple. Like, hey, if they don’t live in Georgia, then they’re a nonresident. But what the courts have said is, if you’ve got a company or a business who has a registered agent in Georgia, even if they do the vast majority of their work or all of their work outside of the state, they’re not a nonresident. Alex Weatherby: So, let’s say we have a nonresident. Somebody who lives outside the state, no registered agent here in the state. Well, then we go to the second element, and that is that you have to personally serve the Georgia Secretary of State with the papers. You give them to the process server and they take them and serve them. Alex Weatherby: Then we have the third element and that is that you must take what you’ve served the Secretary of State and mail it via registered mail to the nonresident motorist. In addition, you must include in that package a certificate that says, hey, I’ve served you via the Nonresident Motorist Act so that they know that they have to answer the lawsuit. Once you’ve done that, then the nonresident motorist has to answer the lawsuit, just like if they had been personally served here in Georgia. It could be really helpful if your defendant is out of state or somewhere hard to reach.

Continue Reading
Personal Injury

Determining Fault in a Georgia Auto Accident

Determining who is at fault in a car accident is not always straightforward. While there are some basic rules of fault, determining who is at fault often depends on the facts of your case. In Georgia, a driver who caused an accident in Georgia is responsible for damages reasonably related to and caused by the truck accident or auto accident. If you’ve been in a car accident and have questions surrounding fault, you should speak with a Georgia accident attorney today. Basic Rules of Fault In any car accident, general rules of fault exist to guide the parties involved. Generally, a person is at fault for causing an accident when: They drove negligently, such as holding their phone while driving; He or she broke a traffic law, such as speeding, that resulted in the accident; Their car was in a defective condition, which caused the accident; and In rear-end accidents, he or she was the driver who rear-ended the other driver. However, the basic rules of fault do not clearly apply to all car accidents. For example, it can be difficult to determine who was at fault when one driver was using their phone and the other was speeding. In many cases, fault may lie on both sides. To get an idea of whether you could be deemed at fault for causing your accident, you should contact a Georgia accident attorney today. Who Determines Fault? Insurance adjusters often make the initial determination of who is at fault in a car accident. Insurance adjusters tend to decide fault because people involved in car accidents submit claims through their insurance company. Evidence that insurance adjusters use to decide fault includes: The police report; Photos of the accident scene; Statements from the parties involved, including any witnesses; Photos of damages to the vehicles; and Weather conditions on the day of the accident. However, an experienced auto accident attorney can place you in the best position to arguing your case for fault. An attorney can challenge an insurance adjuster’s determination of fault and fight for a settlement. Can Both Drivers Be at Fault in an Accident? Under the rule of comparative negligence, both drivers can be at fault in an accident. Comparative negligence reduces the damages a person can recover based on their percentage of fault. Georgia is a modified comparative negligence state, meaning that if a person is 50% or more at fault for causing the accident, he or she cannot recover any compensation. However, if a driver is less than 50% at fault, his or her percentage of fault reduces their damages.  For example, if a driver suffered $100,000 in damages but was 30% at fault, he or she would recover $70,000. If the other driver was 70% at fault, he or she cannot recover any damages because their degree of fault was over the 50% threshold. Contact Our Accident Lawyers at Weatherby Law Firm, P.C. If you’re the victim of an accident in Georgia and are having issues regarding fault, contact our accident lawyers at Weatherby Law Firm, P.C. We work our cases from beginning to end with a hands-on approach. Contact us today to schedule your consultation. Atlanta Car Accident Lawyer Explains Insurance Letters and What They Mean An insurance company sent my client a letter today. That sounds really good on paper, but it’s not that good if you know the ins and outs of the law. The letter reads as follows. “If you agree to protect us, we will discount our lien by 25% if the case is settled or one third if the case goes to trial,” and it says, “Just sign here agreeing to that.” Well, while it sounds like they’re giving you some great discount, in actuality, the vast majority of insurance plans will have to accept a bigger discount than 25% or even one-third of their lien. That’s because, in Georgia, the majority of insurance plans have to prove that the plaintiff has been fully and completely compensated. That’s really hard to do when you’re dealing with pain and suffering, and it requires a whole other lawsuit even if you wanted to do it. Now, there’s one exception, and that is a federally funded ERISA plan. That’s going to be when generally you’re a part of a bigger organization or company that has a lot of people paying in, like a teacher’s union or something like that. I’ve seen it on smaller companies, too, but it’s just not as common. In that case, a 25% reduction is a big deal, because it’s governed by federal law, not state law, and the benefits to the consumer are just not as big. However, if you get a letter like this, it’s just one of the reasons why you need to consult with an attorney that knows what they’re talking about. It sounds good on paper. It’s not that good in practice.

Continue Reading
Truck Accident

Georgia Statute of Limitations for Truck Accidents

Like car accidents, truck accidents can result in serious damages and injuries. After suffering severe injuries, an injured person may file a lawsuit against the at fault driver. While an injured person can file a personal injury claim, there is a time restriction to do so.  What Is a Statute of Limitations? A statute of limitations is a law that sets forth the amount of time you will have to file a lawsuit. The statute of limitations can vary by state and depends on the type of claim.  The statute of limitations for personal injuries in truck accidents in Georgia is generally two years from the time of the accident. This time clock begins to run on the date of the accident. If an injured person fails to file an injury claim within this timeframe, then they almost certainly will not be able to recover damages.  Sometimes the statute of limitation can be lengthened or shortened substantially. For example, in Georgia, a claim against a city government arising out of a truck accident must be reported to the government within 6 months. Failure to do so will bar the claim. A statute of limitations may be extended if, for example, the injured person has a mental disability that prohibits him from filing the claim. Injuries Caused by Trucking Accidents Truck accident injuries can be more serious than regular car accident injuries since trucks are bigger, heavier, and (generally speaking) more dangerous than automobiles. Injuries resulting from truck accidents can vary, depending on the severity of the accident. Common injuries include: Broken bones; Back and neck injuries; Head injuries; Spinal cord injuries and paralysis; Internal injuries; and Cuts, scrapes, and lacerations. In the most severe cases, truck accidents may also be fatal.  Truck Accident Injury Compensation A personal injury claim after a truck accident may compensate the injured person for theirinjuries. Compensation may be recovered for: Medical treatment, Medical expenses, Rehabilitation, Lost wages, and Long-term disability. If the truck accident resulted in a death, wrongful death damages might also be available.  Common Causes of Truck Accidents Truck accidents can happen for many different reasons. Some of the causes include: Distracted driving, Driving under the influence, Speeding, Lack of proper training, Brake issues, and Inadequate truck maintenance. Truck accidents may result from the truck driver’s negligence. They may also result from the other vehicle’s negligence. The facts and circumstances of the crash must be investigated thoroughly to determine who is at fault. Filing a Claim If you have been involved in a tractor trailer accident, it is imperative to file a claim with your insurance company right away. Most insurance companies require that you report your accident immediately, or as soon as possible.  Note that filing a claim with your insurance company and filing a lawsuit is not the same thing. Statutes of limitations are imposed on lawsuits, not insurance claims. Getting your insurance claim going as soon as possible is essential. This allows you to start negotiating a settlement while leaving time to file your lawsuit should the need arise.  Contacting a Georgia Truck Accident Attorney Truck accidents and car accidents are very different. While in some cases you may be able to resolve a car accident claim on your own, truck accident claims are much more complicated. It is wise to consult a Georgia truck accident attorney as soon as possible. An experienced attorney will review your case and advise you of legal options that can help you get just compensation.  We pride ourselves in offering our clients the highest quality service while advocating for their rights. Contact us today, and let’s see how we can help you.

Continue Reading
Personal Injury

How Long Does It Take for Whiplash Symptoms to Appear?

Whiplash may occur when your head is quickly and forcefully moved forward and backward. Whiplash often happens during vehicle accidents when you are rear-ended. Most of the time, whiplash symptoms appear immediately or shortly after an accident. In some cases, the symptoms may appear days after the accident. It is important to seek medical treatment after being in a vehicle accident because injuries, like whiplash, may have a delayed onset. If you’ve been involved in a vehicle accident with whiplash, you should contact a skilled Atlanta accident attorney today. What Is Whiplash? Whiplash is a forceful, rapid, back-and-forth movement of the neck. It is similar to the movement involved with casting a fishing rod. Whiplash may take time to set in. Some of the symptoms of whiplash can include: Neck pain and stiffness; Loss of the range of motion in your neck; Worsening pain when moving your neck; Pain in your shoulder, upper back, or arms; Headaches; Fatigue; Dizziness; and, Blurred vision. Whiplash can injure bones in your spine, nerves and tissues in your neck, discs between your spinal bones, muscles, and ligaments. If a person feels any of the symptoms of whiplash resulting from a vehicle accident, it is important that they seek immediate medical attention. If the whiplash was due to the other driver’s negligence, the injured person should contact a reputable Atlanta whiplash attorney. What Complications Can Result from Whiplash? Depending on the severity of a whiplash injury, symptoms can disappear within a few weeks or could last for months or years. The vast majority of whiplash cases, thankfully, resolve within a few days or weeks. There are rare times when a person has long-term, chronic pain from whiplash. Additionally, long-term pain is more likely to result if you have the following symptoms: Severe neck pain, Pain that spreads to your arms, and A substantially limited range of motion in your neck. Furthermore, factors that may worsen complications from whiplash include: A prior whiplash injury, Pre-existing neck or lower-back pain, Degenerative or congenital conditions, and Older age, An accident with a severe impact, and An accident that occurred at high speeds. To find out if compensation is possible for complications from whiplash, speak with an Atlanta accident lawyer today. Why Do You Need an Atlanta Accident Attorney? If you’ve been in a car accident in Georgia that resulted in whiplash, you will need an accident attorney to help you. If you are the injured person, because whiplash is not necessarily visible to the human eye, you’ll need to rely on statements from your doctor and your medical records. An experienced accident attorney will point to concrete statements in your records to show the seriousness of your whiplash injury and the effect it has had on your life. If you are the at fault driver, whiplash can be a serious injury, and you will need an experienced attorney to guide you. How Can Our Atlanta Accident Attorneys at Weatherby Law Firm, P.C. Help You? Our Atlanta accident attorneys at Weatherby Law Firm, P.C. are accomplished, accessible, and well-respected in the Atlanta area. We want to help you prove your case for compensation for whiplash from a car accident. Unlike many law firms, we both prosecute and defend cases. As a result, we provide our clients with insight, credibility, and perspective that they can’t find at other firms. We’ll focus on your strongest arguments and strive to resolve your case as quickly as possible. Contact us today to schedule your consultation.

Continue Reading
All

What Is the Georgia Statute of Limitations for Car Accidents?

Car accidents are extremely common, occurring every day. If you were involved in a car accident, it may result in a claim for property damage or personal injuries. It is essential to keep in mind that there is a time constraint to filing these types of claims. What Is a Statute of Limitations? A statute of limitations is a law that sets forth a maximum amount of time for parties to file a lawsuit. This time allowance varies depending on the state and type of claim. Once this time clock has run, there is little an attorney can do, and an injured person is unlikely to recover for damages and injuries. In Georgia, the car accident statute of limitations depends on the type of claim. There are separate time restrictions for property damage and personal injuries. Property Damage Statute of Limitations If a vehicle was damaged and needs repairs, or if it was a total loss, a person may file a property damage claim. The statute of limitations in Georgia for property damage is, generally, four years from the date of the accident.  You may be unable to recover for damages if you do not file your property damage claim within the four-year timeframe. There are also important facts that can extend or limit the statute of limitations. For example, a claim against a Government Agency likely has a shorter window and a claim by a minor likely has a longer window. Personal Injury Statute of Limitations If a person sustained injuries in a car accident, they can file a personal injury claim. For personal injury claims, an injured person generally has two years from the date of the accident to file their claim. If they fail to do so, then they may be unable to recover for your injuries.  There may be exceptions to Georgia’s two-year statute of limitations for personal injury. If the party injured was a minor, the statute of limitations will not begin to run until they reach the age of majority.  Because some injuries are not evident at the time of the accident, Georgia also has the “Discovery Rule.” This rule means that the statute of limitations will not begin to run until the injury is or should have reasonably been discovered.  As detailed above, there are also factors that can significantly shorten the statute of limitations, so it is important to speak with a knowledgeable personal injury attorney as soon as possible after your accident. Filing a Claim The first and most important detail to keep in mind is that filing a claim with the insurance company and filing a lawsuit are two completely different things. A person in a car accident must file a claim with their insurance company after a car accident. Most insurance companies require that you do so immediately, or as soon as you possibly can. Contact your insurance company to file your claim, even if the other driver is at fault. Insurance companies may try to settle the claim. If the claim is not resolved, then a person needs to file a lawsuit to recover. It is crucial to begin the claim with the insurance company as soon as possible. This will allow enough time to possibly settle or, if settlement fails, to file a lawsuit.  Contacting a Georgia Accident Attorney You should contact a Georgia accident attorney as soon as possible after your car accident. An experienced attorney can review the details of your case and advise you about your legal options. Weatherby Law Firm, P.C. is a recognized and respected law firm based in Atlanta, Georgia. We are committed to providing high-quality legal representation for clients facing serious injuries. Contact us today and let us see how we can help you. 

Continue Reading
Truck Accident

Commercial Trucking Laws in Georgia

Commercial vehicles are subject to both federal and state regulations regarding interstate and intrastate trucking. This can make Georgia trucking accident cases difficult to navigate on your own. If you have been in a commercial trucking accident with injuries in Georgia, contact the truck accident lawyers at Weatherby Law Firm, P.C. today. More than 50% of our practice is dedicated to truck accident cases. We have crucial knowledge and experience in this area of law, and we are prepared to help you understand and handle your case. What Constitutes a Commercial Motor Vehicle (CMV)? In general, vehicles with a gross vehicle weight rating (GVWR) of 10,001 lbs. or more that are used as part of a business will be considered commercial motor vehicles subject to certain safety regulations. While most people regularly think of commercial vehicles as large semi-trucks, these are not the only vehicles subject to commercial vehicle regulations. These regulations may also apply to: Single vehicles (trucks and vans); Passenger vehicles carrying, or equipped to carry, more than 15 passengers; Combinations of vehicles, such as a truck pulling a trailer or other equipment; and Vehicles carrying hazardous materials regardless of GVWR. Understanding what constitutes a CMV is essential in determining whether and what regulations apply. Key Commercial Trucking Laws and Regulations The Federal Motor Carrier Safety Administration (FMCSA) governs interstate trucking operations. FMCSA regulations are set forth in Title 49 of the Code of Federal Regulations (C.F.R.), Parts 300-399. While these regulations are extensive, there are certain requirements that come into play more often than others that are important to be aware of. Licensing Pursuant to 49 C.F.R. § 383.23, a CMV driver must first obtain a Commercial Driver’s License (CDL) before operating a commercial vehicle. In Georgia, the requirements to obtain a CDL include the following:  Vision exam, Written exam,  Road skills test, Medical certification, and  At least 18 years of age. Complying with the CDL requirement is important for anyone operating a commercial vehicle. Operating Hours A cause of some trucking accidents is driver fatigue. In an attempt to limit potential driver fatigue for commercial truck drivers, the FMCSA has put in place hours of service requirements.  49 C.F.R. § 395 regulates hours of service for CMV drivers. For example, generally, drivers of a property-carrying vehicle may not drive a vehicle without first taking 10 consecutive hours off duty. Further, generally, a driver may drive no more than 14 consecutive hours following the 10 consecutive hours off duty. The FMCSA also calls for periodic rest breaks under certain circumstances.  Inspection, Repair, and Maintenance Commercial vehicles, like all vehicles must be inspected, repaired, and maintained. The FMCSA regulations contain some requirements to ensure commercial vehicles are inspected and maintained. For example, generally, commercial drivers are required daily written inspection reports on the vehicle. According to the regulation, these reports must include the following:  Service brakes including trailer brake connections; Parking brake; Steering mechanism; Lighting devices and reflectors; Tires;  Horn; Windshield wipers; Rear vision mirrors; Coupling devices; Wheels and rims; and  Emergency equipment. Drug and Alcohol Testing Under the FMCSA, drivers are also subject to standards with respect to drugs and alcohol. 49 C.F.R. §§ 382.201-207 states that drivers may not report for duty with a blood alcohol concentration (BAC) greater than 0.04, use alcohol while on duty, or perform safety-sensitive functions within four hours after using alcohol.  With respect to drugs, drivers may not use controlled substances before, during, or after duty. Additionally, the FMCSA may require drug tests on drivers. These tests are generally administered under the following circumstances:  Prior to employment; After certain accidents; and  At random intervals. There are exceptions to every rule of course. You can read more about drug testing commercial drivers here. How Violations May Contribute to an Accident Whenever there is a truck accident, the applicability of the FMCSR will be important. If there is credible allegations of driver fatigue, drug or alcohol use, or equipment issues, the regulations discussed above may be in play. It is impossible to know how these regulations will affect your case, without an experienced Georgia truck accident attorney reviewing your case and the regulations in detail. If you have sustained injuries in an accident with a tractor trailer, you need to contact a truck accident attorney. Likewise, if you are a truck driver and have been in an accident with injuries, you need to contact an experienced truck wreck attorney. Contact Us Today At Weatherby Law Firm, P.C., we are experienced and accomplished truck accident lawyers. We have handled hundreds of truck accident cases in Georgia, and we are prepared to do the same for you. We have recovered millions of dollars for injured victims, and we have also helped defend trucking companies and drivers. Regardless of your involvement in the accident, we know how to approach your case to get you the best result we can. Contact us today for your case evaluation and see how we can help you. 

Continue Reading
Truck Accident

Punitive Damages in Georgia After a Truck Accident

When a person has been injured in a truck accident due to someone else’s negligence, they may have the right to recover compensation for their damages. The most common recoverable damages include medical expenses, loss of earnings, vehicle repairs, and pain and suffering. In some limited circumstances, the injured person may be entitled to punitive damages in Georgia. It is important to note that punitive damages, however, are not recoverable in the vast majority of cases. Courts award punitive damages only in extraordinary circumstances. A punitive damages award is not focused on compensation for the injured party. It is, instead, intended to punish the at-fault party. This award is reserved for when a defendant acts egregiously, such as when they are under the influence of alcohol or drugs at the time of the accident. Merely violating a rule of the road, like following too closely, can be the basis for recovering common damages like medical expenses and pain and suffering. It is not the basis for recovering punity damages. An Atlanta truck accident attorney can help you determine whether your case may result in a punitive damages award. Does My Georgia Truck Accident Qualify for Punitive Damages? Georgia law says that punitive damages may be awarded when “clear and convincing evidence” shows that the at-fault party acted with: Willful misconduct, Malice,  Wantonness, or The entire want of care which shows conscience indifference to the circumstances. Understandably, distracted drivers are frustrating. However, when a truck driver causes an accident through negligence or carelessness, that will not be sufficient to justify punitive damages. Instead, the case will focus on the injuries and damages that the injured person suffered. Punitive damages are reserved for accidents that involve intentional and/or egregious behavior. Drunk driving is one of the most common reasons punitive damages are awarded after a Georgia truck accident. Possible Legal Issues in a Georgia Truck Accident Some attorneys include punitive damages claims in Georgia Truck Accident cases that have no facts to support it. This is not a good use of resources for the client. An unnecessary punitive damages claim will likely increase the expenses of litigation and the time it takes to resolve the case. Most punitive claims will require additional discovery through depositions (sworn statements) which are time consuming and expensive. In addition, there will likely be additional legal proceedings before the Court that increases the time to take the case. If the punitive damages claim has no real chance of success, it serves only to waste time and money. Punitive damages should only be alleged when there is a real basis for it. In a Georgia truck accident, this will usually be because (a) the driver was operating under the influence of alcohol or drugs, or (b) there is evidence that the driver acted intentionally.  While there are a lot of rules that regulate truck drivers, called the Federal Motor Carrier Safety Regulations, a violation of one of these rules is generally insufficient to support a claim of punitive damages. We know all the federal trucking rules, and we can let you know how they will impact your case. When to Contact an Atlanta Truck Accident Attorney Accidents involving large commercial trucks are complex. They typically include serious injuries as passenger vehicles are much smaller and lighter. An injured person could be facing significant medical expenses and months away from work as they struggle to recover. At Weatherby Law Firm, P.C., we understand how stressful Atlanta truck accidents are. We are here to help you with your claim and ensure your rights are protected. We have an experienced legal team that can make life better for you. We also know what types of cases have the best potential for a punitive damages award. Don’t attempt to represent yourself in a Georgia truck accident. Contact Weatherby Law Firm, P.C. today to schedule an initial consultation. We will work to build the most persuasive case possible and help you fight for the best settlement possible.

Continue Reading
Brain Accidents

Average Settlement for Concussion from an Atlanta Car Accident

Suffering a concussion in a car accident can be a scary and stressful experience. If the car accident was caused by someone else’s negligence, you might have a claim for damages. If you caused the car accident, you may be facing an injury claim. Understandably, you may be wondering what the claim is worth. Unfortunately, there is no average settlement for concussion car accidents. A concussion car accident settlement will be different in each case, as every accident is unique. The circumstances surrounding collisions differ; these factors directly influence your case value. The stronger the case you have, the better your chance is for a higher settlement. This is one reason why hiring an Atlanta concussion car accident attorney is so important. Proving Negligence in a Georgia Car Accident Proving the other party was at fault is the first hurdle an injured person needs to overcome to pursue a concussion car accident claim. Determining negligence can be accomplished by an independent investigation. You need to collect all the necessary evidence that supports your position that the other party was at fault or that you were not at fault. When you retain a skilled Atlanta car accident attorney, they will conduct a thorough independent investigation. This investigation may include getting a copy of the police report, talking to witnesses, taking scene photos, and more. In some cases, it might be necessary to hire experts, like an accident re-constructionist, to help determine liability. Common Symptoms in a Concussion Car Accident The symptoms of a concussion can range from mild to severe. Attorneys and doctors may use these symptoms to help assess the seriousness of head injury. Some minor mild concussion symptoms include: Slight loss of consciousness, Dizziness, Headache, Difficulty sleeping, Fatigue, Sensitivity to light, and/or Nausea or vomiting. Some of the more severe symptoms are: A more extended period of unconsciousness, Clear fluids draining from ears and nose, Slurred speech, Convulsions, Serious confusion, Multiple vomiting episodes, One or both pupils dilated, and/or Coma. The more serious the symptoms are, the more severe the brain injury may be. It’s imperative to seek treatment right away if you suspect you sustained a concussion in a car accident. Factors That Can Affect Your Georgia Concussion Car Accident Settlement Value A variety of factors may be considered when determining a value for a concussion. The severity of the concussion and related symptoms will have one of the most significant impacts. The amount of time the person spends in treatment and rehabilitation costs may also be factored in. If the concussion is severe enough that it causes a partial disability, the disability level may be considered. Generally speaking, someone who was left completely disabled will have more damages than someone who suffered only a mild concussion. However, the amount of damages does not necessarily mean a greater recovery. Things like (a) who is at fault, (b) prior injuries, and (c) the reasonableness of the treatment involved are all factors. The overall settlement value may also include other factors like loss of earnings, future medical treatment, loss of earning capacity, pain, and suffering, and more. These damages can vary widely between car accident cases, which is why determining an average concussion car accident settlement value is impossible. When Should I Hire an Atlanta Car Accident Attorney? It’s best to hire an Atlanta car accident attorney in the early stages of the claim. The sooner you retain an attorney, the better. Concussion injuries can be complex and complicated to resolve. You need an experienced attorney on your side who can help build your case. If you have been in a car accident with a concussion, contact Weatherby Law Firm, P.C. today. Let us evaluate your case and explain how we can help.

Continue Reading