Fatal Accident

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

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?

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?

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?

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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