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Types of Commercial Vehicle Accidents

What Types of Commercial Vehicle Accidents Does An Attorney Handle?

What Types of Commercial Vehicle Accidents Does An Attorney Handle? 1000 632 Alex Weatherby

Commercial motor vehicle accidents can occur in a variety of manners. Common accident scenarios involving a commercial vehicle can be grouped into three broad categories:

  • Single-Vehicle Accidents
  • Vehicle-Pedestrian Accidents
  • Two (or more) Vehicle Collisions

At Weatherby Law Firm, we focus on bodily injury claims resulting from accidents with commercial motor vehicles. As such, we limit the coverage in this Manual to the latter scenarios. We have handled over 60 truck accident cases, including many instances in each category. 

Common Impacts with Any Type of Commercial Vehicle

Common scenarios involving civilian passenger and commercial vehicle collisions include the following:

Direct (Head-On) Collision 

This normally takes place when one vehicle veers into the oncoming lane. It also arises when a vehicle accidentally enters a one-way street or lane. 

T-Bone 

A T-bone collision most commonly occurs when one vehicle runs a stop sign or red light, when a vehicle is backing out into a street, or when a vehicle pulls out in front of oncoming traffic to cross an intersection or to make a turn. 

Rear End 

A rear-end collision is perhaps the most common type. This occurs most frequently when a vehicle is following too closely.  

Back-Up Collision 

A back-up collision is when one vehicle cannot see the person or property to the rear of the vehicle and backs into it. The most tragic of these cases occur when children are playing in the street and a driver fails to adequately inspect the area or has limited vision behind the vehicle. 

Stopped Vehicles 

Commercial trucks often break down or have to stop on the side or middle of the roadway (such as trucks offloading deliveries). This often results in an accident when unaware motorists fail to recognize the stopped vehicle and crash into it or other vehicles in an attempt to avoid the stopped vehicle. (The commercial driver may be to blame when, for example, they fail to place warning markers behind the vehicle). 

Improper Maneuvers 

The term improper maneuver is a very broad descriptor for when a truck driver fails to follow the Rules of the Road. Many, many scenarios constitute an improper maneuver. Some common examples include:

Lane Change

Improper changing of lanes and/or merging into another vehicle.

Narrow Turn 

The commercial vehicle turns too sharply and contacts a stationary vehicle. 

Wide Turn 

The rules under which large commercial trucks operate, including the CDL Manual and FMCSR, set forth specific rules about how large trucks should complete turns without putting other drivers at risk.

Left Turn 

Left turns require a driver to cross a lane of traffic to enter the road. Accidents can occur with traffic coming from either direction. Also, the time it takes to complete the turn is longer, thus exposing the driver to an increased risk of collision with fast-moving vehicles. 

The above-referenced accidents are common across all commercial vehicles. Next, let’s take a look at some types of accidents common to big rigs. 

Common Impacts with Tractor-Trailers

The types of accidents that we want to address with greater specificity in this Manual are accidents involving tractor-trailers. At first glance, it may seem that this type of vehicle accident is easy to understand or straightforward. It is worth noting that various collisions or accidents are unique to trucks and trailer combinations. Some common forms of truck and trailer accidents include:

Jack Knife 

A jackknife happens when the trailer swings out wide to form a near 90-degree angle with the truck that is pulling it. It often happens as a result of hard braking (fast stop) by the truck or when the brakes on the trailer are not properly engaging. It may also be caused by the weight of the trailer making the wheels of the trailer lose traction, pushing the tractor or trailer sideways. Fast stops from high rates of speed, braking while going down steep hills, and hard braking on slippery roads are some other common scenarios resulting in jackknives.  In any situation, the trailer (rather than staying in line with the truck) either swings outside of the truck or pushes the truck sideways. 

Underride 

Large commercial trailers often sit high on the trailer’s chassis (above the height of the wheels) to allow for maximum flat hauling surface on the trailer. An underride is when a smaller vehicle crashes into the trailer, and that vehicle goes underneath the trailer chassis. Regulations require underride guards on trailers just for this reason. This type of crash is typically catastrophic, as occupants of passenger vehicles are particularly vulnerable in such an accident. An underride may occur from the side (while turning) or rear of the vehicle. 

We handled a particularly catastrophic underride case involving a high-speed police chase. The result was a civilian vehicle that went fully underneath the trailer, removing the roof section. Two persons were killed, and three children were seriously injured. After no pre-suit offer from the defendants, we filed suit and ultimately negotiated a full policy limits resolution for our client.

Overturn or Rollover 

Any vehicle is susceptible to overturn or rollover. Vehicles that sit higher on the frame, especially those with narrow wheel bases, are more likely to overturn in an accident. Trucks pulling a trailer carry a high rollover risk, as the weight of the trailer can overturn the truck. The risk of rollover increases with the weight of goods on the trailer, the height at which the goods are loaded, tire blowouts, load shifting, and the speed of travel or turning. 

Pro Note:  An overturn or rollover case may be paired with another type of case, such as falling cargo. In such a situation, several potential regulations may be implicated, which makes paying particular attention to the rules essential.

Falling Cargo 

Falling cargo occurs when poorly secured items fall from a vehicle or trailer. Liability results when the cargo hits other vehicles or pedestrians or creates a roadway hazard that causes a subsequent collision. Cargo falls may be an issue for flat, open-bed, or open-top trailers. These configurations are common for vehicles hauling building materials, industrial parts, machinery, vehicles, etc. The cargo may be improperly loaded or not secured appropriately. Cargo that is loaded at the beginning of a trip may shift to become insecure during travel, such as when the driver hits large bumps or takes sharp turns. As such, failure to stop and conduct load inspections becomes relevant. Also, falling cargo issues arise in conjunction with other forms of trailer-related accidents (such as the jackknife). For this reason, the Federal Motor Carrier Safety Regulations and Georgia law require drivers to inspect their loads at various points in the transportation process.  

Our point in describing these various types of vehicle accidents is to make you aware of how diverse CMV accidents can be. Some collisions may involve two or more of the above-referenced types of collision. For example, a truck that jack-knifes in the road may sideswipe some vehicles and rear-end another — all while the trailer swings wide into an oncoming lane and causes a head-on collision. As you can tell, the potential for tragic scenarios in a large-vehicle collision is extremely broad.

Contact An Atlanta Commercial Motor Vehicle Attorney Today

At Weatherby Law Firm, we have handled numerous different types of commercial motor vehicle accidents. In a recent case, we represented a young doctor who was traveling caravan-style with her mother to visit a home for sale. It was a sunny, bright day. The daughter was following closely behind the mother’s car when a truck hauling steel careened into the back of her, causing severe injuries. The photographs of the accident demonstrated that she was inches from losing her life. After reconstructing the accident, we determined the driver for the steel hauler had been distracted or asleep. Get in touch with us today so we can schedule a free consultation and review your case.

Is Georgia a No-Fault State - Woman in conflict with man staring at the damage of their collision

Is Georgia a No-Fault State?

Is Georgia a No-Fault State? 1000 667 Alex Weatherby

If you’ve been in a car accident, you know first-hand how overwhelming the recovery process can be. Processing emotional and physical trauma is hard enough. Add complex insurance claims and financial jargon into the mix, and dealing with the aftermath of a car accident can feel downright deflating. Chances are, you’ve come here because you’ve heard the term “no-fault state” and are wondering how it impacts your insurance claim or your options for legal recourse. Perhaps you live in or around Atlanta and are wondering, “Is Georgia a no-fault state?” And, if so, “What does that mean to me?”

To answer your first question—no. Georgia, like many U.S. states, is an “at-fault” state. 

As for the second question, its answer requires a more detailed explanation, beginning with an understanding of the difference between “no-fault” and “at-fault.” Learn about these two terms and how they impact the outcome of your car accident claim.

What is a No-Fault State?

In no-fault states, drivers involved in auto accidents must first seek compensation from their own insurance company, regardless of who caused the crash. This system requires drivers to carry Personal Injury Protection (PIP) coverage, which pays for medical expenses, lost wages, and other damages following an accident.

Under no-fault insurance laws, your insurance company handles your claim for injuries and related expenses up to your policy limits—even if another driver was responsible for the accident. States like Florida, Michigan, and New York operate under this system to streamline the claims process and reduce insurance-related lawsuits.

A key distinction of no-fault insurance is that it limits your ability to sue the other driver. You can only pursue a claim against the at-fault driver in specific circumstances, such as when car accidents result in severe injuries or damages that exceed certain thresholds.

What is an At-Fault State?

Georgia, like the majority of U.S. states, operates under an “at-fault” system for auto insurance claims. In at-fault states, the driver responsible for causing an accident is also financially responsible for the resulting damages and injuries.

This means that after an accident in Georgia, the injured party has the right to seek compensation directly from the at-fault driver’s insurance company. In at-fault states, the claims process involves determining who was responsible or liable for the accident. The at-fault party’s insurer is then responsible for covering the damages up to its policy limits.

Important note: Georgia’s at-fault system allows for shared responsibility in accidents. 

Shared responsibility in accidents means that all drivers involved can be assigned a percentage of fault. How much compensation they receive is directly proportionate to that percentage. For Georgia drivers, this system underscores the importance of maintaining adequate liability coverage and carefully documenting the circumstances of any accident.

How Does the At-Fault System Work in Georgia?

In Georgia’s at-fault system, determining injury liability is a structured process designed to protect both drivers’ rights and award fair compensation. Following a car accident, fault must be proven through various forms of evidence, including:

  • Police report from the accident scene
  • Photographs of vehicle damage and the accident location
  • Witness statements from people who saw the accident occur
  • Medical records documenting injuries
  • Expert testimony (when necessary)

Steps to Take After an Auto Accident

To successfully navigate Georgia’s at-fault system and prove that you were not responsible for the car accident that caused your injuries, follow these essential steps after a car accident:

1. Document Everything

  • Call the police to report the accident
  • Take extensive photos of the accident scene
  • Collect contact information from witnesses
  • Exchange insurance and contact details with the other driver
  • Record your detailed account of the event

2. Seek Medical Attention

  • Visit a healthcare provider promptly, even for seemingly minor injuries
  • Keep all medical records and bills
  • Follow your doctor’s treatment plan consistently

3. Track Your Expenses

  • Maintain records of all accident-related costs
  • Save medical bills and receipts
  • Document lost wages and other financial impacts
  • Keep repair estimates and vehicle damage information

Insurance Requirements for Georgia Drivers

If you’re responsible for an accident and need to compensate others for damage repairs or bodily injury, the state of Georgia requires drivers like you to obtain minimum insurance coverage amounts for their vehicles. 

The minimum coverage requirements in Georgia are as follows:

  • Bodily injury liability coverage: $25,000 per driver and $50,000 per accident
  • Property damage liability coverage: $25,000 per accident

Making an Insurance Claim in an At-Fault State

When pursuing compensation and filing an insurance claim in Georgia, there are important deadlines to consider. Personal injury claims must be filed within two years of the accident date, while property damage claims have a four-year deadline. Regardless, it’s important to begin the process as soon as possible to preserve evidence and strengthen the outcome of your case.

Once you’ve gathered evidence related to the accident, you’ll file a claim with the at-fault driver’s insurance company. The insurance adjuster will then:

  • Review your claim and evidence
  • Accept the claim and make an offer
  • Present a counteroffer for negotiation
  • Or, potentially deny the claim

Important Note: Insurance companies often protect their best interests by presenting low initial settlement offers that don’t reflect the true value of damages. 

If you receive a low settlement offer or your claim is denied, consult with an experienced Atlanta car accident lawyer to protect your rights and pursue fair compensation. In extreme situations such as wrongful death or wilful negligence, car accident lawyers can also facilitate the process of filing a lawsuit to obtain compensation beyond your insurance coverage.

What if I am Partly At Fault for The Accident?

The answer to the question, “Is Georgia a no-fault state?” is particularly nuanced because the state follows a modified “comparative negligence” rule. This is good news for those who are partially at fault for car accidents. 

Under Georgia law, fault can be shared between drivers up to 50%. For example, if you’re 40% at fault, you can still recover 60% of your total damages from the other driver. However, if you are found to be 50% or more at fault, you forfeit the ability to recover any compensation for your damages.

Speak with an Expert Auto Accident Lawyer in Georgia

Still, have questions about “no-fault” vs “at-fault” insurance and how living in an “at-fault” state like Georgia can impact your car accident claims process?

Contact Weatherby Law Firm and one of our resourceful car accident lawyers will be happy to answer all of your remaining questions. We’re proud of the role we play in helping car accident victims recover from their injuries. By navigating insurance claims, determining fault in accidents, and obtaining fair compensation for our clients, we make sure injured victims can focus on their recovery without having to worry about the legal aftermath.

Have you been injured in a car accident? Weatherby Law Firm would be honored to speak with you and learn more about the accident that caused your injury. We recognize that every case is unique with its own set of challenges, so we fight compassionately to ensure fair settlements that capture the full extent of the damages you’ve suffered. Our team of car accident lawyers has decades of combined experience, having recovered millions for our satisfied clients.

Contact Weatherby Law Firm for a free consultation, and take the next step in recovering from the car accident that caused your injuries.

Marietta Police Accident Reports

Marietta Police Accident Reports 150 150 Alex

If you suffered an injury in a car accident, a car accident attorney in Marietta, GA, may be able to help you recover compensation for your damages and losses. One of the essential tools in building a strong case on your behalf is your accident report from the Marietta Police Dept. It’s always a good idea to report your accident immediately to the Marietta Police Department after a car accident. Police will come to the scene of the accident and report their findings. Police accident reports may include opinions of fault in a car accident. 

What Is an Accident Report? 

When there is a car accident in Marietta, GA, the police create an official document called an accident report. In an accident report, the police provide details observed while at the car accident scene. The information in an accident report may include the following:

  • Names and addresses of involved parties;
  • Insurance information for involved parties;
  • Identifying information for witnesses;
  • Location of damage to involved vehicles;
  • Weather, roadway, and lighting conditions at the scene of the accident;
  • Statements from involved parties and witnesses;
  • Whether there are any violations of law or citations issued; and 
  • Issuance of a citation to the party the officer deems “at fault”

Police represent an impartial party; therefore, car accident reports prepared by the Marietta Police Dept may represent credible information useful to your attorney.  

Do I Have to Report My Accident? 

In general, Georgia law requires you to report your accident if the accident results in more than $500 in damage. Additionally, Georgia law requires you to report these accidents to the police immediately. An accident report may help assist a car accident attorney in Marietta, GA, in building your personal injury case. 

How Do I Get My Accident Report from the Marietta Police Dept?

There are typically three ways to obtain your accident report from the Marietta Police Department. These include the following:

  1. Go to the Marietta Police Department and pick up your accident report;
  2. Order your accident report online through the Marietta Police Dept; and
  3. Have your attorney obtain a copy of your car accident report. 

A car accident report in Marietta, GA, typically requires payment of a small fee for processing and copying. 

Contact Us 

A car accident report from the Marietta Police Department may serve as a valuable tool for your attorney in compiling details regarding your car accident. The personal injury attorneys at Weatherby Law Firm, P.C. provide high-quality representation to clients involved in car accidents throughout the United States. Based in Atlanta, Georgia, Weatherby Law Firm, P.C. assists clients involved in car accidents in Marietta, GA. The attorneys at Weatherby Law Firm, P.C. have built a reputation based on a dedicated commitment to all clients through honorable and efficient legal counsel. We understand the difficulties you face after a car accident in Marietta and we are determined to make the lives of our clients better. Contact us today to discuss the facts of your case and how we can help you move forward.

Atlanta Statute of Limitations, Georgia Statute of Limitations

What is the statute of limitations for a personal injury claim in Georgia?

What is the statute of limitations for a personal injury claim in Georgia? 962 529 Alex

The personal injury statute of limitations in Georgia is generally two years from the date of the accident.

This means that a claim must be filed two years from the date of the accident itself.

If a tractor-trailer accident occurred on August 2, 2019, for example, then the injured person has until August 1, 2021, to file suit.

The two-year statute of limitations applies to most personal injury claims.

This includes those arising out of a:

  • Bike accident,
  • Bus accident,
  • Truck accident,
  • Pedestrian accident,
  • Motorcycle accident,
  • Medical malpractice,
  • Shooting,
  • Wrongful death,
  • Spinal cord,
  • Brain injury, or
  • Burn injury case

Discuss Your Case With Us

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Personal Injury Statute of Limitations Rules in Georgia

As a general rule, a lawsuit should never be filed that close to the statute of limitations.

This is because there may be issues with locating the defendant or serving the defendant with the lawsuit.

A substantial delay in service may result in a timely filed lawsuit being barred by the statute of limitations.

Our rule of thumb is to file a lawsuit at the earliest opportunity to present a good case. It is rare if we file a lawsuit less than 6 months before the statute of limitations expires.

Exceptions to Personal Injury Statute of Limitations in Georgia

There are some exceptions to the personal injury statute of limitations in Georgia.

Commission of a Crime

First, there is an extension for lawsuits related to the commission of a crime.

The statute of limitations is extended for the same period that the criminal prosecution or criminal investigation is pending.

This means that where the personal injury resulted from a criminal act, the injured party may have additional time to file their claim.

This includes a crime resulting from a car accident or truck accident.

For example, if the tractor-trailer accident resulted in a DUI charge for the truck driver, then the statute of limitations would be extended during the time period that the DUI investigation and prosecution was pending.

Fraudulent Acts

Second, the statute of limitations may be extended for fraud.

This only extends the time period to file a lawsuit, when the fraud prevented the injured party from filing the lawsuit.

In other words, there needs to be some fraudulent act that kept the injured party from filing a lawsuit.

A simple allegation of fraud is not sufficient to pause or “toll” the statute of limitations.

Age Restrictions

Third, the statute of limitations is extended for a minor until they reach the age of majority (age 18).

A person should not wait around this long to file suit, however, as there are other rules that could come into play and bar a claim.

Psychological Restrictions

Fourth, the statute of limitations is extended for folks who are mentally incompetent.

This is a high standard. The person must be so mentally unsound that they are incapable of carrying out ordinary life affairs or filing a lawsuit.

Having a mental disability is not enough. Being diagnosed with a mental illness is not enough.

There must be incompetence to such a degree that the person is incapable of making decisions for themselves.

Navigating the statute of limitations can be a challenge.

We know the ins and outs of the statute of limitations in Georgia.

At our firm, we are experienced lawyers based in Atlanta, and we service all of Georgia.

Atlanta Motorcycle Accident Lawyer

Hit While Crossing the Street in Atlanta—Next Steps

Hit While Crossing the Street in Atlanta—Next Steps 1000 523 Alex

Atlanta is a busy city, with many crosswalks, sidewalks, pedestrians and cars. Unfortunately, vehicle-pedestrian accidents happen in Georgia, like they do in every state. When a pedestrian and a vehicle are involved in a collision, the incident can be due to the negligence of the driver, the walker, or both. Therefore, it is important to know what steps to take if you’re hit by a car while walking or jogging, or if you’re the driver. If you’re involved in a pedestrian accident, it will be helpful to understand what potential compensation there is for any resulting injuries and losses.

Hit by a Car in Atlanta?

Due to the nature of an auto versus pedestrian accident, a pedestrian may suffer serious injuries depending on the type of vehicle, speed, and location of impact. Sometimes, fortunately, a pedestrian is not injured after impact with a vehicle. But, often, they are.

The first steps to take after a pedestrian accident is: check on everyone at the scene and call 911. This will report the incident to the police and get medical attention if someone needs it.

Once you’ve notified the authorities and made sure everyone is OK, the next steps are to take pictures of the accident scene and get any witness’ contact information. While the police officer may do this as well, it is best to make sure that you have as much information as possible.

Because of the seriousness typically involved in vehicle-pedestrian accidents, it is also important to contact an Atlanta pedestrian accident attorney.

Determining Liability for Pedestrian Accidents

Both drivers and pedestrians have a duty to act reasonably and obey traffic laws. For drivers, the general standard is that a driver must act as a reasonable driver would under the same or similar circumstance. For a pedestrian, they have a duty to act as a reasonable pedestrian would under the same or similar circumstance as well. A pedestrian cannot walk blindly into traffic, for example. 

The question is whether the driver or the pedestrian is “negligent.” It can be a fact intensive inquiry that needs an experienced attorney.

Georgia Comparative Negligence Law

In Georgia, a pedestrian can only recover for their injuries if they are less than 50% at fault. If the pedestrian is less than 50% at fault, then the amount awarded is “reduced by” the percentage at fault. So, for example, if you’re 25% at fault for a pedestrian-vehicle accident with damages totaling $100,000, the compensation you receive would be reduced by 25% or $25,000.

Consult with an Experienced Atlanta Pedestrian Accident Attorney

At Weatherby Law Firm, P.C., we frequently work with plaintiffs and defendants of vehicle-pedestrian accidents. Our decades of experience and commitment to our clients drive us to achieve exceptional case results, and you can count on our law firm to make every effort on your case. Contact Weatherby Law Firm, P.C. to schedule a free consultation with one of Georgia’s top pedestrian accident attorneys today.

How To File an Atlanta Wrongful Death Lawsuit?

How To File an Atlanta Wrongful Death Lawsuit? 1920 900 Alex

Who Can File an Atlanta Wrongful Death Claim?

Before filing a suit for a fatal accident, you need to make sure that you’re the appropriate person to file the claim. One of the biggest questions if who can file a wrongful death claim?

This can be a very complex question.

Those having the right to bring a cause of action for wrongful death are as follows (in order of priority):

  1. Surviving spouse;
  2. Children;
  3. Parents; and
  4. Administrator/executor of the estate

The Venue

Whether you are filing a wrongful death action or any other case addressing injuries to a person, the first step is to make a decision as to where you will file the lawsuit. 

The value of a wrongful death case, and any other case for that matter, is in some measure determined by the location of the suit. In legal terms, the location of the suit is called the “venue.”

In Georgia, the location will generally be in a “county” where the defendant lives.

If the defendant is a company, the venue will generally be the location where the company’s “registered agent” is located.

A registered agent is a person that the company designates to accept service for the company. A registered agent can be located by going on the Georgia Secretary of State’s website.

There are 159 Counties in Georgia.  Obviously, we cannot address them all. 

However, if you are in the Atlanta area for a Plaintiff’s case, the preferred jurisdictions would be DeKalb and Clayton. 

Other favorable jurisdictions would include Bibb and Chatham Counties. 

So what makes a particular county more desirable than others? 

The answer is simple; a history of large verdicts in favor of plaintiffs.

How do I know what to put in the Complaint?

It is essential that the person filing a wrongful death action have as full understanding of the facts related to the fatal accident as possible. This would include:

  • (a) the date of the accident;
  • (b) the location of the accident;
  • (c) the parties involved;
  • (d) the acts and omissions of the people being sued; and
  • (e) that the death was actually caused by those acts.

In some cases, it is not possible to know all of the facts before filing suit.

That is OK, so long as you have a sufficient amount of facts to make your case. The more information you have, the better.

In a typical wrongful death case, there will be allegations of negligence.

This means that Plaintiff will allege that Defendant committed some acts or omissions, different than what a reasonable person would do, that resulted in the death of the loved one. This is called a “negligence” count.

There will also be allegations of damages. When there is a wrongful death, Georgia law provides that the recovery is “full value of the life of the decedent.”

This is determined by the circumstances of a person’s life. 

There are two components: an “economic value” and the “intangible element”.  The economic value generally consists of the earnings or other economic value of lifetime services.  This may involve a complex calculation of lifetime earnings and other economic values.

An economist may be used to help place this amount into a number.

The “intangible” element is the what life is worth when lived. This is up to the jury to determine.

The jury will consider facts such as the relationships, quality of life, and enjoyment of activities.

In some rare cases, punitive damages may be awarded for the defendant’s egregious conduct in the accident.

This is very rare.

Punitive damages are recoverable when the defendant acted with intent, malice, or some other egregious action.

Do I Need a Lawyer to File an Atlanta Wrongful Death Suit?

A wrongful death suit is not something you should try and file on your own. It is a complex area of law, and you need a seasoned wrongful death attorney to help you. Our firm has recovered millions for wrongful death victims, and we have received one of the largest wrongful death verdicts in Georgia history.

We offer free consultations for wrongful death claims in Atlanta. We practice throughout Georgia and the metro Atlanta area.

The Difference Between Acquired and Traumatic Brain Injuries

The Difference Between Acquired and Traumatic Brain Injuries

The Difference Between Acquired and Traumatic Brain Injuries 1920 1252 Alex

Brain injuries are no laughing matter. The emotional toll that a traumatic brain injury can have on a family or individual is incalculable, while the physical and financial toll can be equally burdensome.

The question of what is the difference between acquired and traumatic brain injury is a very common one, but the answer might surprise you. In fact, traumatic brain injuries (TBI) are actually a specific type of acquired brain injury. 

The Brain Injury Association of America divides brain injuries between two overall categories: acquired and non-acquired. An acquired brain injury is one that occurs after someone is born, while a non-acquired brain injury is one that someone is born with or that occurs during birth. Typically, congenital factors or degenerative disease cause non-acquired brain injuries. On the other hand, a large number of different sources can cause acquired brain injuries.

Traumatic vs Non-Traumatic Brain Injuries

Generally, an acquired brain injury falls into one of two categories: traumatic or non-traumatic. The key difference between the two categories of acquired brain injuries is whether the cause is internal or external. 

Non-Traumatic Brain Injuries

Internal factors cause non-traumatic brain injuries. Typically, non-traumatic brain injury causes include:

  • Strokes,
  • Hemorrhages,
  • Near-drowning experiences,
  • Drug overdoses,
  • Exposure to poisonous gas such as carbon monoxide,
  • Seizures, and
  • Electric shocks.

Very often a non-traumatic or internal brain injury is the result of decreased or non-existent oxygen flow to the brain due to one of the noted causes.

Traumatic Brain Injuries (TBI)

On the other side of acquired brain injuries are traumatic brain injuries (TBI). External factors cause traumatic brain injuries. Federal law defines a TBI as “an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both.” Traumatic brain injuries, including concussions, can be caused in many different ways, including:

  • Automobile accidents,
  • Assaults,
  • Sports injuries,
  • Slipping and falling,
  • Gunshots,
  • Explosions, and
  • Child abuse (shaken baby syndrome).

According to the Centers for Disease Control and Prevention (CDC), falls are by far the leading cause of traumatic brain injury in America at (48%), followed by being struck by or against an object (17%). Both of these categories themselves can arise out of many different incidents that can occur in our normal day-to-day activities, such as:

  • Being hit in the head by a ball in sports practice;
  • Being struck by a vehicle while crossing the street;
  • Slipping on ice on the sidewalk;
  • Slipping on a wet floor at the supermarket; and
  • Tripping over an obstruction at work.

These are all events that can occur in our daily routines without doing anything out of the ordinary. These daily routines, however, can be permanently changed by a traumatic brain injury. Furthermore, the cost of these injuries is huge. Traumatic brain injuries cost Georgians an estimated $1.5 billion annually in lost wages lost and medical costs.

Serious and Rare

TBIs are some of the most serious injuries that patients, and lawyers, deal with. The vast majority of trauma does not result in a TBI. Because it is rare, it is important to contact someone with experience.

Contact Our Team Today

If you or a loved one has suffered any type of brain injury, the team at Weatherby Law Firm, P.C. is here to help. We understand how difficult it is to suffer a brain injury or to watch a family member suffer. We aim to ease that suffering with legal advocacy founded on principles of integrity, honor, and efficiency. Here at Weatherby Law Firm, P.C., we pride ourselves on caring for our clients as if they are part of our family. With our expertise, attention to detail, and compassionate approach, we can help you through this life-altering event. Contact us today.

Choosing the Right Class Action Lawyer for Your Case in Atlanta

Choosing the Right Class Action Lawyer for Your Case in Atlanta

Choosing the Right Class Action Lawyer for Your Case in Atlanta 1920 1280 Alex

Class action lawsuits provide opportunities for harm suffered by multiple people to be corrected in a single lawsuit. These lawsuits may involve consumer fraud, defective products, or employment grievances. If you believe you have a valid class action lawsuit, contact the experienced team at Weatherby Law Firm to review your case.

What Is a Class Action Lawsuit?

A class action is a lawsuit consisting of one or more people representing the interests of a larger group sharing the same harm. This larger group is referred to as the “class.” Class action lawsuits promote resolution of legal issues where bringing individual cases is not economically possible. Class action lawsuits are designed to advance public policy goals by enabling individuals to receive a remedy for harm suffered at the hands of large companies. 

Bringing a successful class action lawsuits requires the following:

  • Commonality—the harm suffered is common to all members of the class; 
  • Typicality— common set of facts is shared among the class;
  • Adequacy—the class representative adequately represents the interests of the entire class; and
  • Numerosity—The number of individuals affected is too numerous to bring individual lawsuits. 

A class action must be the most efficient way to bring resolution to the harm. If a judge determines that the proposed class meets these requirements, the judge certifies the class and gives the lawsuit class action status. If a class fails certification, the class action lawsuit is dropped. 

How To Hire the Right Attorney for Your Class Action Lawsuit 

A class action requires a specific type of attorney with experience in class action lawsuits. If you believe you have grounds to bring a class action lawsuit, discuss the facts of the case with a qualified class action attorney. A class action attorney can analyze the pros and cons of your potential class action lawsuit and determine whether a viable case exists. 

Experience

Due to the complex nature of class action lawsuits, hire an attorney with extensive experience litigating class action lawsuits. Prioritizing litigation experience ensures the ability of your attorney to effectively represent the class and negotiate for positive results. 

Results Obtained 

Many class action lawsuits settle before trial. Upon settlement, a fund is established to distribute settlement proceeds to all members of the class. When deciding upon the right class action attorney, research whether the firm has obtained successful results in past class action lawsuits.  

Client Focus 

Ensure that your class action lawsuit receives the focused attention of your attorney. You don’t want to hire a firm unable to properly tend to your needs because the firm is overloaded with cases. 

Contact Our Atlanta Class Action Lawyers Today 

Do you believe you have grounds to bring a class action lawsuit? 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. 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.

Long-Term Effects of Severe Traumatic Brain Injuries (TBI)

Long-Term Effects of Severe Traumatic Brain Injuries (TBI)

Long-Term Effects of Severe Traumatic Brain Injuries (TBI) 1920 1080 Alex

If you have been in an accident that results in a severe traumatic brain injury (TBI), you understand just how serious this injury is. Put lightly, the immediate effects of a severe TBI can be scary, painful, and emotionally distressing.

The short-term effects are often visible and readily identifiable. However, the long-term effects of a severe TBI vary wildly, can be harder to identify, and may not appear linked to the injury at first. Therefore, it’s important that you know what to look out for in yourself or your family member in the future.

Physical Effects

The long-term physical effects of a severe TBI are often similar to the short-term effects. Blurred vision, headaches or migraines, and dizziness are not uncommon for people with severe TBI.

In addition, people who have suffered a severe TBI may report a recurring feeling of tiredness. Others have had seizures. These physical effects, while painful, are easy to see compared to other long-term effects.

Cognitive Effects

Cognitive impairment can be a long-term effect of severe TBI. Short and long-term memory loss may occur. This can leave a person confused about who their friends and family are or even where they live. Some cannot read at the level they once were able to, and others maylose this ability entirely. 

TBI may also affect problem-solving abilities. Some people may be unable to complete the everyday tasks that once were able to, leaving them unable to button their shirt or tie their shoes. The cognitive effects of a severe TBI can be profound in the long term and often permanently alter one’s life in a fundamental way.

Social and Emotional Effects

Severe TBI can also have long-term social and emotional effects. Mood swings are not uncommon in people who have suffered a severe TBI. Depending on other factors, it may affect a person’s ability to work.

The strain of all of the physical and cognitive symptoms can profoundly impact an individual’s psyche. This can result in mental distress like depression and anxiety. Further, a severe TBI can disrupt or damage an individual’s relationships with folks, from their parents to close friends. 

The long-term social and emotional costs of a severe TBI may be serious. You may not initially think of these effects as being linked to the TBI.

Synergy of Effects

The combination of all or some of these effects often has a way of synergizing and increasing the total impact of the TBI in the long term. For example, an injured person may be unable to work due to a loss of movement ability. The loss of their ability to work may then have the effect on their relationships and their mental health.

Severe TBIs, though serious, are rare.

Fortunately, severe traumatic brain injuries are rare. In the vast majority of accidents, even those involving head trauma, the body repairs itself remarkably well and long term effects will not result. Only a well qualified physician can advise you on the potential effects of the brain injury in your case. It is important to get a qualified doctor and attorney to review any case that has allegations of a TBI.

Contact Our Georgia Traumatic Brain Injury Lawyers Today

Contact our experienced team of brain injury lawyers at Weatherby Law Firm, P.C. today. Whether the accident with a TBI occurred one day or one year ago, our team can help. We appreciate the wide variety of effects that a severe TBI can have.At the foundation of our firm are principles of professionalism, compassion, detail, and integrity. We work to make your life better. Let us do that for you.

why hire a car accident lawyer

Why Hire an Atlanta Car Accident Lawyer?

Why Hire an Atlanta Car Accident Lawyer? 700 467 Alex

According to the National Highway Traffic Safety Administration, car accidents cost the American’s $836 billion in 2010. That includes $10.8 billion in Georgia alone— more than one thousand dollars for every Georgian. In just one year. 

Because of this, generally speaking, you should hire a lawyer if you find yourself in one of the following situations.

When You are Negotiating with an Insurance Company

If you have to negotiate with a car insurance company, you generally need to hire a car accident lawyer. Even if the insurance company is your own, it can be important to hire a lawyer. This is because insurance contracts are complex. There are hoops you may need to jump through to properly file your claim. Additionally, if the insurance company begins bargaining with you, it is important to understand your rights.

If you or a loved one is injured, then it is important to hire a reputable lawyer that can assist you in pursuing the claim. The lawyer will be able to gather the necessary information and speak the same language as the insurance adjuster. This can help resolve your case quickly and for a more reasonable sum. Likewise, if you are the at fault driver, hiring a lawyer is important to protect your assets.

When You Are in a Car Accident

Any folks involved in a car accident that results in injuries should consult with an attorney. Whether you are the at-fault driver or the other driver who is not at fault, a personal injury attorney can help evaluate the facts and circumstances of your case and protect you. If you are the injured person, an Atlanta car accident attorney can help you get reasonable compensation for your injuries and damages. If you are the at-fault driver, an Atlanta accident attorney can make sure you are well defended.

A good car accident lawyer will evaluate the facts, including any available videos, witness statements, and the law. An attorney may also consult with with an expert, such as accident re-constructionist. After gathering all of the facts and circumstances, the attorney can advise you how best to proceed.

When You Suffer Any Damage from a Car Accident

The damages that arise from a car accident vary widely. The damages that may be recoverable after a car accident include: 

  • Lost wages;
  • Emergency room costs; 
  • Medical costs; 
  • Costs of psychiatric care; 
  • Costs of lost wages; 
  • Property damage costs; and 
  • Pain and suffering.

These costs add up quickly. An Atlanta car accident lawyer can help you record and calculate the total cost of a car accident. This is important to know, whether you are pursuing a claim or defending your assets.

Contact Our Atlanta Car Accident Lawyers Today

Have you or a loved one been involved in a car crash recently? If so, contact our team of Atlanta car accident lawyers at Weatherby Law Firm, P.C. today. Our team has years of expertise successfully advocating for people involved in car crashes. We represent the truly injured and honorable businesses. Our firm is founded on principles of integrity, honor, and efficiency. Here at Weatherby Law Firm, P.C., we pride ourselves on caring for our clients as if they are part of our family. In doing so, we bring attention to detail and a sense of urgency.

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