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How Do I Know if I Have a Good Personal Injury Case?

Sep 4, 2019 | By Alex | Read Time: 2 minutes

If you or a loved one has been involved in an accident resulting in a serious (what we in the law label “catastrophic”) injury, one of the most challenging conversations to have with an attorney is the potential for recovery in your case. The most important thing is for you to get better, and, at the same time, there is a need to honestly assess your ability to recover money for your injuries. How do you do that? We often use the analogy of a three-legged stool. In order for a stool to stand, it needs at least three legs. Similarly, a personal injury case (regardless of it is a brain injury, trailer wreck, bike accident, spine injury, or fatal accident case) requires three things. Liability: The accident must be due to someone else’s fault. For most catastrophic injury cases, the other party is required to have done something wrong in order for you to recover. This is not true for certain products liability cases, where there is “strict liability” or liability just because the accident happened. But, in a typical Atlanta tractor-trailer accident, for example, the truck wreck must be caused by the truck driver for there to be a recovery. Damages as a Result of the Accident: The accident must have resulted in some injury to you. Having an accident, by itself, is not enough to recover financially from another party. There must be damages. In a personal injury case, this means there must be something physically that happens to you, as a result of the accident. For example, in an Atlanta brain injury case, the damage will be the diminished mental function, lost wages, medical expenses, and quality of life, of the plaintiff as a result of the accident. Solvency: The Defendant must have a resource that the plaintiff can recover. There is nothing sadder in our practice than when a person who is really hurt or a family of a wrongful death accident comes to us, and the Defendant has no source of recovery. Unfortunately, the Defendant has to have some funds (like insurance or property) for the plaintiff to a recovery. If any of these three “legs” are not present, the personal injury case (like a stool) cannot stand. If you think you have a truck wreck, fatal accident, pedestrian accident, bike accident, or catastrophic injury case, a knowledgeable Georgia attorney needs to review it to tell you for certain what you can and cannot likely recover.

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Is an Atlanta truck accident lawyer different from a Atlanta car accident lawyer?

Aug 29, 2019 | By Alex | Read Time: 2 minutes

A Georgia truck accident attorney is different than a Georgia car accident attorney. The differences present themselves in a number of ways. Experience: A good Atlanta truck accident lawyer has experience in lawsuits with trucking companies. For example, our firm has been involved in hundreds of tractor-trailer crash cases. We have handled cases from pre-suit, through trial, and appeal. This experience is key because the rules governing truck accidents are different. Rules: A different set of rules applies to a Georgia truck accident. The Federal Government heavily regulates the commercial vehicles, including bus, dump truck, garbage truck, deliver trucks. The Federal Motor Carrier Safety Administration (“FMCSA”) is a federal organization that sets the standards for big trucks. The regulations are huge and take a lot of time to understand. That’s one reason having an experienced Georgia truck accident attorney is important. Evidence: Because the regulations are different, the evidence that is potentially important is different. For example, a truck driver has driver logs that he is generally required to fill out each day. These logs may tell you how long the driver has been working to be sure that he is complying with the rules. The truck itself also has a lot requirements, like how many millimeters, the brakes are allowed to move when applied. Claims: The potential claims that a person injured in a tractor-trailer wreck in Atlanta has is different. For example, while in most cases the injured party cannot sue the defendant’s insurance company directly, the injured party can in a truck accident. Knowing this and other potential claims can significantly affect the value of the case. Defenses: There are also unique defenses in a truck wreck case. For instance, the truck driver may use expert testimony from an engineer or a former police officer. These experts can review the evidence at a scene and determine which party was at fault. These experts can also look at the truck and trailer to determine if it complied with the regulations. The attorneys in our firm specialize in tractor trailer accidents, and routinely represent tractor trailer companies and injured parties. We have the experience. We know the rules. We have the experts. We provide free consultations.

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Interview in VoyageATL Magazine

Aug 26, 2019 | By Alex | Read Time: < 1 minute

VoyageATL magazine interviewed Alex Weatherby about the start of his legal career and what we do at the firm. “The most important thing for us is providing quality legal services to those that need it most, in the areas of catastrophic injury, truck accident, fatal accident, class action, and professional malpractice.”   Check out the full interview here.

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Fatal Accident

How soon should I Hire an Atlanta Wrongful Death Accident Attorney?

Aug 20, 2019 | By Alex | Read Time: 2 minutes

After the loss of a loved one, the last thing a family wants to do is speak with a lawyer. This is especially true when the death occurred due to a traumatic event like an accident with a tractor-trailer, bus, dump truck, scooter or something else. Unfortunately, when there has been a fatal wreck, it is important for the family to hire a lawyer as soon as possible for several reasons. First, in Georgia, until a preservation request has been sent, there is generally no requirement to preserve evidence. This means that information helpful to your case could be deleted unless an attorney sends a formal letter. For example, after an Atlanta tractor trailer accident, there may be nearby businesses that have video. This video may be deleted within a matter of days if the businesses are not aware that someone needs it. One of our first steps as attorneys is to send a “preservation letter” that describes the types of documents that must be held in case we need them in the future. Second, often after a serious accident, insurance representatives will come calling—sometimes within a matter of days. They will often be seeking information concerning the death accident, any potential claim, the state of the family, and more. They may ask family members to sign documents. An experienced Atlanta wrongful death lawyer can help you navigate these issues. Third, it provides peace of mind. The Atlanta, Georgia wrongful death accident lawyer can take some things off your plate. By speaking with police officers, the opposing party, the insurance companies, the doctors, the probate court, and others, the attorney can help you focus on what is most important: being with your family. Our firm specializes in wrongful death accidents in Atlanta. We are driven to improve the lives of family members who have lost loved ones, with honor, efficiency and effectiveness.  We would be glad to provide you with a free consultation.

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Fatal Accident

Do Pedestrians Really Have the Right of Way?

Aug 16, 2019 | By Alex | Read Time: 2 minutes

Pedestrians are vulnerable to injury. There’s little doubt when a pedestrian and a car or truck have an accident that the pedestrian will bear the brunt of the injury. Because of the risk of injury, pedestrians have a unique status in Georgia. Georgia has statutes that, generally speaking, give pedestrians the right of way. One of these statutes, O.C.G.A. § 40-6-91(a), states “The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk….” Notice that this language in this statute is not permissive like “may” or “should.” The language is an order, the driver “shall stop.” O.C.G.A. § 40-6-93 likewise says “Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway….” This rule again says the drive “shall” avoid colliding with a pedestrian. But, don’t go jumping out into the roadway just yet. There are exceptions to nearly every rule, including these. Georgia law requires pedestrians to exercise ordinary care while walking. Parker v. Welborn, 236 Ga. App. 344, 346 (1999).  This means a person walking has to act reasonably and watch for their own safety. There are statutory duties as well. These include the general duty to use a crosswalk, not dart into traffic, and not to cross traffic diagonally. O.C.G.A. § 40-6-92. When there is an Atlanta pedestrian accident, whether the pedestrian has a valid claim for their injuries can be a complex case. Hiring an experienced Atlanta pedestrian accident lawyer is important. A lot of times it comes down to a detailed factual analysis of the roadway, the driver’s actions, and the pedestrian’s actions. An injured pedestrian in Georgia can only recover if they are less than 50% at fault. This is the same rule for any injured person in a Georgia truck accident, bike accident, or car accident. We have recovered millions of dollars for injured pedestrians in Atlanta. We offer free consultations. We practice all over Georgia.

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Fatal Accident

What is a driver’s log book?

Aug 12, 2019 | By Alex | Read Time: 2 minutes

As we discussed in a prior blog, truck drivers have a lot more rules to follow than a standard driver. Tractor trailer operators are only permitted to drive a certain number of hours each month.  The purpose of these rules is to prevent drowsy driving. The general rules are as follows.  A truck driver may operate his vehicle a maximum 11-hour in a 14 hour period. And, a truck driver may operate his vehicle a maximum of 60 hours every 7days or 70 hours every 8 days. There are multiple exceptions to these rules that may apply (which could make up multiple blog posts on their own!). This post, however, focuses on what the log book is and why it may be important after a truck crash. A log is the written document that a driver maintains to show that he is in compliance with the rules for hours of service. These logs are stored in a book or electronically.  In the book, the driver notes the time he is operating the vehicle, the time he is on duty but not operating, and the time he is off duty. Below is an example paper log book. If after an accident sleepiness is thought to be a factor, the log book can be an important piece of evidence. It may show that the driver was in compliance or out of compliance with the hours of service rules. The log books are only required to be maintained for 6 months. It is important to send a timely preservation letter requesting the logs be preserved, if there is any question as to the driver’s on duty time. As an Atlanta, Georgia truck accident attorney, we know log book requirements and how the rules may impact your case. At our firm, we provide free consultations.

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Fatal Accident

How do I find the Best Fatal Accident Attorney in Atlanta, Georgia?

Aug 1, 2019 | By Alex | Read Time: 2 minutes

There are many good lawyers in Georgia that specialize in wrongful death accidents. There are also quite a few who pretend to be accomplished wrongful death accident attorneys. Knowing which ones are legitimate can be very challenging. While there is no “best” attorney in Georgia, there is a big difference in a law firm who has experience trying, winning, and resolving fatal accidents in Georgia and those who do not. Here are a few tips when trying to find the best wrongful death accident attorney in Atlanta, Georgia. Past Cases: Past experience is often the best indicator of future performance. See if your attorney has any published cases on their website, on a Verdict Search tool, or in a newspaper like the Fulton Daily Report. For example, when we won a verdict in excess of $27,000,000, it was reported on verdict search sites as well as local newspapers. Client Experiences: Prior client reviews can provide valuable insight. These days, many law firms have reviews on Google and other places showing past client experiences. These reviews will likely tell you how responsive your attorney will be, how quick they’ll get the case resolved, and how driven they are to help you. Other Attorneys: A good source for finding a Georgia wrongful death lawyer is other attorneys. Even if you find your attorney on the internet, ask them for the name of a few lawyers who will vouch for his abilities. Initial Case Consultation: Most firms will offer you a free initial case consultation. During this consultation, use your investigative skills to interview your lawyer. Ask them if they have ever tried a case? What’s the largest recovery they have ever made? How quickly will they get back to you? What will their case strategy be? Trust your gut on whether or not the attorney sounds like a good match for you. Beware of Fake Awards: Many awards that attorneys receive are bought and paid for. There are only a few like Super Lawyers, US News & World Report, Attorneys to Watch, which provide awards without receiving money from the attorneys promoted. This is not an exhaustive list of all the awards that an attorney can receive without paying money—It’s just an example list of some that do not require fees to receive. There are many different types of fatal accident cases, including fatal truck wrecks, fatal boating accidents, fatal bike accidents, fatal scooter accidents, fatal malpractice accidents. That is why it is important to hire an experienced Georgia wrongful death accident lawyer.

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Truck Accident

What is a CDL?

Jul 29, 2019 | By Alex | Read Time: < 1 minute

To operate a tractor-trailer, a driver must obtain a Commercial Driver’s License commonly called a CDL. The rules for each state vary slightly. In Georgia, a CDL has several more stringent requirements than a regular license. Age: The driver must be 18 years of age to drive a tractor trailer, dump truck, bus or other commercial vehicle. Even then, the driver is limited to driving in the State of Georgia. To drive interstate, a person must be 21 years of age. Written Exam: Similar to a regular license holder, a Commercial Driver’s License Holder must submit to a written knowledge exam. The written knowledge exam is based on information in the Georgia Commercial Driver’s Manual. Medical Certification: Unlike a regular license, a commercial driver’s license requires a medical certification. This is based on a Federal Rule that requires a commercial driver be physically and mentally fit to operate a big rig. The questions that typically appear on a medical certification include: (a) hear/brain injuries; (b) seizure issues; and, (c) fainting or passing out, among many others. Road Skills Test: A CDL driver, like a regular driver, must demonstrate that they are capable of operating a commercial vehicle through passing a skills test. This includes parallel parking, backing, using the clutch, turning, and other road skills—all while operating a tractor-trailer. In addition, even after a CDL is obtained, a driver may need an endorsement in order to operate a particular type of commercial vehicle. A truck hauling hazardous material, such as gasoline, will need to pass an endorsement exam. Having a CDL is just one of the basic differences in truck accidents and why hiring an Atlanta truck accident lawyer is important if you have a tractor-trailer wreck claim.

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Truck Accident

Why do we represent both plaintiffs and defendants?

Jul 22, 2019 | By Alex | Read Time: 2 minutes

We think our clients are benefited by our experience representing both plaintiffs and defendants. While there are many good attorneys who focus solely on representing plaintiffs or defendants, we choose to practice on both sides of the aisle and we think our clients are better for it. We think it helps our clients in a few ways. Our experience gives our client’s insight. We regularly work with adjusters on reviewing cases, so we know what will cause an adjuster to increase their “reserve” (also known as the “value” that they place on a case.). We also regularly try cases on the plaintiffs and defense sides, so we know how juries are seeing cases and what plaintiffs and defendants care about. Our experience gives our client’s credibility. When we are working on cases, our experience on both sides of the aisle gives us credibility with the parties and their counsel. We can sit across from a plaintiff and tell them that we understand, from our experience, what they’re going through. We can tell an adjuster about cases we’ve defended and how they turned out. We can relate to the opposing attorney through shared experiences representing plaintiffs and defendants. It helps, and it gives us a unique credibility with all parties and clients. Our experience gives our client’s perspective. Law is filed with arguments from different angles. Even when the facts are seemingly perfect for your case, the other side will make arguments to weaken your position. You can see how different sides can view the law by looking at the U.S. Supreme Court. The Supreme Court regularly divides 5-4 with each side arguing strongly that they are “right.” By regularly dealing with issues from the plaintiff and defense perspective, we are able to quickly see all the issues that may be raised, prepare for battle, and make the strongest argument for you. Our goal is to represent reputable folks dealing with Georgia truck accidents, fatal accidents, catastrophic injury, and class actions. While there are certainly more than one way to practice law and do it effectively, we are proud of the way we’ve chosen to be lawyers: fighting for clients with dignity, efficiency, and strength.  We’ve recovered over $1 billion for our plaintiffs, and we’ve defended some of the top companies in the world. All our clients benefit from our experience.

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