Articles Posted in Car Accidents

After an injury, you may find yourself facing numerous costs – from lost wages to medical bills, prescriptions, and even the cost of in-home care while you recover. These costs can add up and make your recovery even more stressful. When you file a personal injury claim, you may realize that the settlement doesn’t come immediately – which may tempt you to accept the first settlement that insurance companies offer you. This is a tactic used by insurance claims adjusters, because they know how desperate you are to get back on your feet financially – and they exploit that desperation with lower settlements than you deserve.

While you are in limbo waiting for the settlement to come through, it is important to understand how long personal injury claims can take, and what to expect in terms of settlement – so that you can remain calm and patient, and get the settlement that you deserve.

Settling Your Case

In any personal injury claim, there are two major factors that determine the final outcome of your case: Negligence and causation. Negligence is what refers to the party’s failure to take reasonable care that was owed to the victim. Causation is what refers to proving that the defendant’s failure to provide reasonable care led to the victim’s injuries. If a defendant was negligent and caused the accident, the defendant is liable for any injuries or damages that result. But, what happens when the victim was partially at-fault for the accident?

Georgia, like many other states, has comparative negligence laws. These laws allow injured parties to recover damages, even if they partially contributed to the accident. However, the law does affect how much compensation that a victim could receive for his or her injuries. Therefore, it is imperative that a victim collect the right evidence, with the assistance of an Atlanta personal injury attorney, to ensure that his or her settlement is not reduced.

Modified Comparative Negligence

Speed limits are set as a way to control traffic, but also for safety. Georgia law defines the maximum speed limits that motorists must comply with when traveling on Georgia roadways. Driving over these speed limits could result in citations, but also could be considered negligent. Excessive speeding could result in a fine, license suspension or revocation, or even an arrest.

Rural Freeway Limits

Georgia’s rural highways and interstates limit speeds to 70 miles per hour. Rural interstates are those that pass through rural and sparsely populated regions of the state – where vehicles can safely travel at faster speeds. Trucks are also limited to 70 miles per hour on rural interstates.

A car accident can leave a person shaken. No one anticipates being in an accident when they leave their home or work. When it happens, it can be difficult to think clearly about what steps to take. Your actions, however, can greatly influence the outcome of a personal injury claim if you are seriously injured. That is why it is important to be prepared and know what to do in this situation.

Things to Do Immediately After an Accident

1. Stop your vehicle. You are required by Georgia law to stop your vehicle – regardless of how small the accident. You are also required to exchange information with the other driver. If possible, leave your vehicle where the accident occurred. If the accident is minor, such as a fender bender, you can pull off to the side of the road before exchanging information.

Winter is lovely. There’s nothing quite like a graceful snowfall and the views it creates. However, this beautiful snow also causes a significant number of vehicle accidents to occur. Whether inhibiting a driver’s visibility or causing surfaces to become slippery, snow – along with freezing rain and sleet – can contribute to or directly cause accidents to happen in the blink of an eye.

Nevertheless, with extra caution, along with an awareness of common dangers, accidents are often preventable. Below, discover the most common causes of vehicular accidents in the wintertime – and what you can do to prevent them.

Black Ice

Two teen girls, Isabella Chinchilla, 16, and Kylie Lindsey, 17, were killed when the vehicle they were travelling in crashed into a Georgia State Patrol car on Highway 27.  From the information available, a series of poor choices combined that Saturday night, leading to heartache for family and friends.

Dangerous Speeds in a Dangerous Intersection

According to reports, the driver of the vehicle turned in front of the GSP car, which was travelling at 90 miles per hour in a 55 mile per hour zone. The GSP’s car was not en route to an emergency and did not have its lights or sirens engaged. Neighbors in the area describe the scene of the accident as dangerous, despite signage indicating a recommended speed of 45 miles per hour at the crest of the hill. Residents report this as a sight where at least half a dozen other accidents have occurred. Anthony Scott, the trooper that was driving the GSP car at excessive speed that night was fired. Scott had been previously disciplined for two other accidents he was involved in.

Scientists have long known that getting enough sleep is essential for people to operate at their best, both mentally and physically. However, many people report having driven while they were drowsy, as many as 1 in 24, according to a recent study by the Center for Disease Control and Prevention (CDC). Drivers who drive while fatigued are more likely to cause a fatal car accident, and often function at the same level as someone who has been drinking alcohol.

How Sleepiness Affects Performance

The National Highway Traffic Safety Administration (NHTSA) has compiled several studies that show when people are tired they pay less attention to what they are doing. Sleepiness or fatigue causes slower reaction times, reduced vigilance, and worsens information processing.

Many injured victims with valid claims face a harsh reality when they are unaware of the time limitations to file personal injury suits. While Georgia law allows injured victims the right to collect compensation, the time for which they can exercise that right is strict. There is a common misconception that all claims have two years to file and some individuals may assume if they start discussing with a claims adjuster, their statute of limitations clock is placed on hold.

If you have been injured, it is imperative you understand the deadlines to file your personal injury lawsuit to ensure you can legally collect compensation.

Deadlines Under Georgia Law

As technology continues to advance, cell phones have become less of a luxury and more of a necessity for everyday life. While electronics and the internet certainly make many aspects of life much easier, they also present a constant temptation of distraction from the most mundane parts of the day. Unfortunately, this includes driving. This is especially true for the younger generation. The dangers of distracted driving have been widely studied, and the risks have resulted in new legislation across the country. As fatalities from distracted driving accidents increase, awareness and new laws increase in tandem. Understanding these dangers and educating yourself and your loved ones is your first line of defense against becoming a victim of distracted driving.

What is Distracted Driving?

Distraction.gov, the official federal website on distracted driving, defines it as: