If someone asked you the most dangerous season of year to drive, what would your answer be? If you guess Fall, you would are correct. Fall is the most dangerous time of the year to drive, even more dangerous than winter. Not too many people realize it, but fall is the most dangerous season with a motorist’s risk of being involved in car accidents at its highest during these days.

Carfax recently announced that according to its data, it is autumn and not winter which is the deadliest season of the year for drivers. In fact, according to the data, more than 72% of Americans live in states like Georgia where fall is the deadliest season of the year with the highest number of auto accidents recorded.

There are a number of reasons why the risk of car accidents is greater during fall season compared to other times of the year, but the 3 biggest culprits of increased accident are:

Diminishing daylight: Fall means shorter days, and that means more driving in the dark, when drivers are twice as likely to have an accident as in daylight. The data indicated half of U.S. accidents happen in the dark, but those hours account for only 25% of travel.
Slick surfaces: Wet leaves brought down by storms can be as slippery as ice. Experts noted that braking on wet leaves can make a car travel more than twice as far as braking on a dry road.
Deer danger: Mating season for deer runs from October through December, and nearly half of deer crashes nationwide happen in just those three months. In addition, one study noted that deer-car collisions spike almost 16% in the week after the end of Daylight Saving Time because of the jump to an earlier sunset.

Avoid becoming a car accident statistic this Fall by following a few simple steps.

Safe speed is key to staying safe on the road during the season. Stay within safe speed limits, and ensure that you leave plenty of distance between your car and the vehicle in front of you.
Look out for deer on routes that see high populations of these animals such as rural areas and forest areas.
Make sure that your car is in peak condition. Check your tires regularly. The sudden dips in temperatures can lead to loss of air. Be particularly cautious when you travel on roads that are covered with wet leaves. These may look harmless, but can be very slippery. Wet leaves can also conceal possible dangers like potholes and road bumps.
You might find yourself staring into glare from the sun in the morning. Wear sunglasses to protect your eyes from the glare and maintain optimum visibility.

If you have been injured in a car accident, give our lawyers a call at 770-214-2500 for a free consultation.

If you have been injured in an accident in Georgia, you may be dealing with pain while also facing substantial medical bills. People often do not know the steps that they should take to protect their rights. Here are some brief answers to frequently asked questions about Georgia personal injury claims.

What do I do after an accident?

If you have been injured in a Georgia accident, the most important priority is getting medical attention. Assuming that you are not taken to the emergency room immediately, you should take photos or videos of the accident scene and get the contact information of any witnesses. You should not admit fault or apologize to anyone else who was involved, even if it seems like a polite thing to do. Anything that you say in the aftermath of an accident can be used against you if you pursue a claim or lawsuit later. If you suspect that someone else may have been at fault, you should set up a consultation with an attorney to discuss your options. The first consultation is almost always free.

How do I know if I have a case?

You do not need to make this decision on your own. Contact a lawyer and set up a free consultation to go over your situation in detail. The attorney will be able to tell you whom you can sue and what you can expect to recover, based on the facts of the accident and the laws in your state. Essentially, in most situations, you will have a case if someone acted carelessly under the circumstances and caused your injuries. Applying this standard is more complicated than it sounds, however, which is why it is important to consult an attorney.

Do I have a case if I do not feel hurt?

You may still have a case even if you do not feel hurt at the scene. The biological response to a traumatic situation like an accident sends a rush of adrenaline through the body, which can temporarily reduce sensations of pain. You may start feeling significant pain or developing other symptoms later. It is always smart see a doctor, even if you do not feel immediate pain, since some of the most serious conditions emerge over time.

How long do I have to file a personal injury case?

In Georgia, you have 2 years from the date of the accident to file a lawsuit. A personal injury case may need to be filed within a year of the accident, or you may have as much as four years to file. You should check the rule in your state to make sure that you do not accidentally waive your rights. There are some exceptions to the statute of limitations, but they are very narrow, so you should not assume that an exception applies. As a practical matter, moreover, you should try to pursue a claim as soon as possible while the evidence is still fresh.

What damages are available in a personal injury case?

The main type of damages is known as compensatory damages, which is further divided into general damages and special damages. General damages are based on tangible, relatively objective costs and losses, such as medical bills, lost income and earning capacity, property damage, and the costs of future treatment. Special damages are more difficult to calculate subjective, covering items such as pain and suffering, mental anguish, and lost enjoyment of life. Damages must be reasonably justifiable to be awarded, rather than being speculative. If the defendant has acted in an especially egregious manner, you may be able to recover punitive damages in addition to compensatory damages. These are meant to punish the defendant and deter this type of conduct. Punitive damages are rarely awarded but can be substantial, although there are constitutional limits on how much they can exceed compensatory damages.

How much is my personal injury case worth?

This will depend on the specific nature of your injuries and cannot be ascertained until your case has been thoroughly investigated. You can ask lawyers in your area for a rough estimate, based on similar cases that they have handled. However, you should be aware that attorneys are prohibited from promising that they will recover a certain amount or otherwise predicting the outcome of a case. Any estimate that you receive likely will be vague and qualified. An additional question is how much you can actually collect, which may depend on factors such as the insurance of any at-fault parties, their assets, and your own insurance.

What if I had a pre-existing condition?

You can still get damages from someone else who was at fault for the accident. The damages may be reduced to account for the pre-existing condition, but you can hold another person or entity accountable for aggravating the condition. Someone who interacts with you takes you as they find you, so the question of whether someone without your condition would have been injured is irrelevant. That said, these cases tend to be more complex and may require the assistance of experts, so hiring an attorney may be especially important.

How long will it take to settle my claim?

Very few personal injury cases actually go to trial. The overwhelming majority end in a settlement with the defendant or an insurance company. Unfortunately, the time that it takes to reach a settlement is hard to predict and can vary dramatically. As a general rule, a claim that involves substantial injuries and a significant amount of money will take longer to settle because the insurer will fight harder over it. If the case is complex or liability is unclear, a settlement also may take longer to reach. Hiring an attorney sometimes can motivate an insurer to make a fair offer earlier in the process, since they know that they are less likely to take advantage of you.

What is a release in a settlement?

A release is a document that you sign in exchange for receiving the settlement money. Basically, it provides that you release all of your legal claims against any defendant and their insurer based on this accident. You should be aware that a release usually covers claims not only against any defendant whom you sued or who paid a settlement but also any other potential defendant, including a party that was not involved in the litigation. If you are married, your spouse may need to sign the release too.

How long will it take to get my check?

You should not expect a long delay between getting your settlement and getting your check. Most insurers want to close out their case files efficiently, so they will send out the check within a week or two of signing the agreement The timing may depend on whether the insurer waits to send the check until they receive your signed release. Once you get the check, if you have an attorney, they will put together a settlement statement. This will state the total amount of money collected and subtract the attorney’s fee, court costs, reimbursements to your insurers (see below), and any other necessary deductions. You will review and sign the settlement statement, and then the attorney will send you a check for the remainder.

How do I pay my medical bills until I get my settlement?

Since the insurance for the defendant will not pay bills until liability is established, you will need to cover these expenses initially. You may be able to use Personal Injury Protection (PIP) coverage after a motor vehicle accident. Medical Payments coverage or health insurance coverage can apply after any type of accident. If you were injured at work, you can use your workers’ compensation benefits. Any insurers likely have a right to be reimbursed from the proceeds of any eventual settlement that you receive. If you have no insurance, you should be able to find a doctor or hospital that will treat you under an agreement that they will be paid from your eventual settlement.

How do I make up for lost wages until I get my settlement?

The insurance for the at-fault party will not pay for your lost wages in the immediate aftermath of the accident. You can use PIP coverage if you were injured in a car crash or another accident, or you may be able to get short-term or long-term disability benefits through your employer. These insurers usually will need to be reimbursed when and if you get a settlement. If you have vacation time, sick time, paid time off, or other forms of “comp” time through your employer, you can use these as well.

Do I need a lawyer for a personal injury case?

Some simple personal injury cases can be resolved without the help of a lawyer. For example, perhaps you were in a rear-end collision in which the rear driver was clearly at fault, and in which neither driver was severely injured. You might be able to resolve this claim fairly by negotiating with the insurance companies on your own. However, you probably need an attorney if the facts of the accident are complex, your injuries are significant or unusual, or the at-fault party is contesting liability. If a lot of money is at stake, you should never take a chance on going without a lawyer.

How do I pay for a lawyer in a personal injury case?

You should not be worried that you do not have the money to pay for a lawyer. Almost all personal injury lawyers take cases with no up front charge, collecting their fee as a percentage of any settlement or judgment that they obtain for you. Thus, if you get nothing from the case, neither does the attorney. This is known as a contingency fee arrangement. The percentage that an attorney takes from a settlement varies, but it is often around 33 -40 percent.

If you have been injured, give our lawyers a call today at 770-214-2500 for a free consultation.

Legal jargon and terminology can be difficult to understand for anyone, including lawyers. Below is a list of commonly used legal terms in a Georgia personal injury claim.

Personal injury

Personal injury refers to any injury caused by another party’s negligence. It could be physical, mental, or emotional and includes property damage. The victim can file a personal injury lawsuit against the at-fault party to recover compensation for the negative consequences of the latter’s actions.

Complaint

Aa lawsuit is initiated by filing a complaint with the appropriate court. The personal injury complaint is the formal expression of your grievances.

Prayer for Relief

The complaint also includes a "prayer for relief", which is a fancy way of saying it includes information concerning how much money you want.

Plaintiff

The plaintiff is the individual, or group of individuals, bringing the lawsuit. Generally this is an individual who is claiming they were injured or damaged as a result of the actions of someone else. For example, If you slip and fall and sue the store where the slip and fall occurred, you would be the plaintiff in the lawsuit.

Defendant

The plaintiff serves the complaint upon the defendant. The defendant is the party that is allegedly liable for the plaintiff's injuries. In the prior example, the grocery store would be the defendant.

Answer

Defendants file a formal answer to the complaint, which serves to notify the plaintiff and the court of the defendant's position regarding the allegations.

Statute of Limitations

A statute of limitations is the time period (set by law) in which you may file suit claiming damages. The statute of limitations can vary from case to case depending upon the circumstances, and can vary from as little as one year to as long as ten or more in civil suits.

Personal injury cases, which generally are based on negligence, tend to have statutes of limitations in the area of two to three years, with special exceptions carved out for malpractice cases.

State law controls statutes of limitations, so if you are thinking of filing suit, be sure to speak with a qualified lawyer as soon as possible,

Torts

A tort is any wrongful act that is not a crime and does not arise from a contract. Nearly every cause of action in a civil suit -- including personal injury suits -- is a tort. Negligence, medical malpractice, wrongful death, and libel/slander are all examples of torts.

Intentional Torts

Intentional torts are wrongful acts committed on purpose. Many intentional torts can also be considered crimes. For example, assault/battery, can lead to both civil and criminal liability. So, too, can theft, and wrongful death (murder, manslaughter, etc.).

A tort forms the grounds for a lawsuit seeking damages that are necessary to make a plaintiff whole. Criminal cases, even if arising from tortious acts, don't provide for damages. They are brought by the state with the express intent to punish criminals.

Negligence

Negligence is a tort arising from carelessness or the failure to act with reasonable care, when such conduct causes damage to the person or property of another. To prove negligence a plaintiff has to prove four things. First, that the defendant had a duty or legal obligation to the plaintiff. Second, that the defendant violated or breached that duty. Third, that the breach caused damage to the plaintiff; and fourth, that damages actually exist. Duty, breach, causation and damages are the backbone of nearly every personal injury case.

For example, all stores have a duty to keep the aisles free of hazards. They breach this duty if they fail to adequately clean up the spills and other hazards in a reasonable period of time. If a store breaches their duty, and you slip and fall as a result causing physical and financial damages. Given these facts, the store was negligent.

Burden of Proof

The burden of proof refers to the plaintiff's obligation to prove his or her allegations to be true -- or at least more likely true than not. There are several different threshholds that could apply depending upon the type of case being litigated.

In a personal injury case, the burden of proof normally applied is that a plaintiff must prove by a preponderance of the evidence that the defendant is liable. Simply put, personal injury plaintiffs must prove that the defendant's actions more likely than not caused the plaintiff's injuries. Continuing on with our example, in your suit against the grocery store, you'd have to prove that the store was more than 50% at-fault for your injuries in order to recover damages.

Strict Liability

Strict liability is a legal theory that imposes liability for certain acts or injuries causing damage regardless of fault or wrongdoing. For example, farmers are strictly liable for the actions of their cattle. So if a farmer's herd tramples a neighbor's crop, the farmer is liable regardless of any wrongdoing. In the 21st Century, strict liability is most often applied in cases involving defective products holding manufacturers liable for injuries sustained as a result of using their products.

Strict liability essentially shifts the burden of proof to the defendant, forcing the defendant to prove that they are not liable as opposed to typical negligence-based cases where the plaintiff must prove that the defendant is at fault.

Damages

Damages are what a plaintiff is seeking to recover in a lawsuit. In a personal injury suit, damages generally equal money. Damages are separated into two categories, economic damages and non-economic damages. Economic damages are quantifiable damages such as medical expenses, wage loss, replacement services and auto repair bills. Non-economic damages are not specifically quantifiable, and include such things as pain, suffering, and humiliation.

Contributory Negligence

Contributory negligence is a legal concept that relates to personal injury and tort law. Comparative fault and contributory negligence can reduce or even eliminate damages altogether. It refers to a situation where the plaintiff's own actions or behavior contribute to their own injury or damages. In other words, plaintiff was partially at fault for their own injuries or losses. Georgia has a modified contributory negligence standard, which means if the plaintiff is found to be more than 50% at fault, then they are owed no damages.

Georgia Courts have held contributory negligence is not an available defense to a defendant when an intentional tort, such as assault, battery, or theft, is alleged. McEachern v. Muldovan, 505 S.E.2d 495, 500 (Ga. App. 1998).

If you have been injured due to the actions of someone else, give our lawyers a call today at 770-214-2500 for a free consultation.

Facing a personal injury can be a challenging and overwhelming experience. Choosing the right lawyer to represent your interests is an important decision that
can often affect the outcome of your case. In this blog post we will guide you through the steps you should take to help you in choosing the best Georgia car accident
attorney to represent you.

Step 1: Assess Your Needs

Consider the type of injury you have suffered, the circumstances around it, and the complexity of your case. Different attorneys specialize in different areas of personal injury law. Therefore, knowing your specific needs will help narrow down your options.

Step 2: Seek Recommendations

It is always a good idea to seek recommendations from trusted friends and family members if they have had personal experiences with injury attorneys in your area. It is also a good idea to ask
other professionals, such as your family lawyer or doctor for referrals.

Step 3: Check Reviews and Testimonials

Online reviews can be a crucial part of finding the right personal injury attorney. These reviews can give you good insight into what experiences other clients of the firm have to say about the legal services they received at the law firm. Look for reviews on Google, Yelp or other legal directories. Consistently positive feedback is a very good sign.

Step 4: Evaluate Communication and Accessibility

Effective communication is a crucial part of legal representation. Discuss communication preferences and assess their willingness to be responsive and communicate with you throughout the
process. Ask about how often you can expect updates on your case and how you can best reach your attorney and their staff.

Step 5: Consider Expertise and Experience

Consider the attorney’s experience in handling cases similar to your case. Ask about their success rate with settlement, mediation, and trial. An attorney that is experienced will have more likelihood of success in navigating complex personal injury cases.

Step 6: Ask Questions

Prepare a list of questions that come to mind after your car wreck or injury. Bring your list of questions to the initial consultation with the attorney. An experienced attorney will give you transparent answers and address all of the concerns you have up front.

Step 7: Assess Compatibility

It is very important to find an attorney that makes you feel comfortable and gives you a feeling of confidence and ease. Trust your instincts and consider if you can build a positive and trusting relationship with your attorney.

Step 8: Discuss Fees and Payment Structure

It is always a good idea to have an upfront and honest conversation regarding fees and payment structure. Most personal injury attorneys get paid on a contingency fee basis, meaning they only get paid if they win your case. Be sure you understand how the fee agreement is structured because every attorney handles it differently.

Selecting the right personal injury attorney is a crucial step in seeking justice and compensation for your injuries. Take the time to do your research and find a good
fit for you. Ultimately, trust your instincts when making your choice. Choose an attorney who make you feel heard, understood, and gives you confidence in their
abilities. Remember that your attorney will be your guide and advocate throughout the process of your case. They should always have your best interest in mind when
making decisions about your case.

If you've been injured in a car accident give our lawyers a call today at 770-214-2500 for a free consultation.

While you may feel you can handle dealing with the aftermath of a car accident on your own, an experienced Georgia car accident lawyer can maximize the compensation you receive, while also easing the burden of dealing with the legal system alone. As part of their representation, a Georgia car accident lawyer will:

Explain How Georgia Law Works

A good Georgia car accident lawyer will explain how the law works regarding car accidents and negligence. They should explain that in every car accident case you have to prove the other drivers careless or negligent actions were the cause of the accident. Additionally, they have to prove that you were damaged as a result of the careless of negligent actions of the other driver.

Investigate the Accident

A good lawyer will spend a large amount of time at the beginning of your case thoroughly investigating the accident. For example, if you were injured in an auto accident at an intersection, your injury lawyer will want to know about lights, traffic signals, speed limits, or traffic signs that control access to the highway. This also includes includes the investigating the lighting conditions, any obstructions in the roadway, or anything else that could have caused or contributed to the accident. Additionally, you lawyer will begin to collect evidence such as:

Accident scene photos, videos, and diagrams if they exist
Tracking down and interview witnesses
Gathering police reports
Getting photos of vehicles involved
Documenting any adverse conditions at accident sites such as bad weather, obstructions the road, etc.

Some cases may be more time consuming to investigate than others, such as accidents involving rideshare companies, commercial trucks, and public transportation.

Ensure Legal Deadlines are Met

A care accident lawyer will always ensure that legal deadlines, such as the statute of limitations, are met. The statute of limitations provides a deadline for when you can seek compensation for damages in a personal injury case. The limitation in Georgia for most car accident injury claims is two years, but sometimes you are required to give notice of your claim for injuries much sooner. Due to the statute of limitations in Georgia, it is important to hire a lawyer in Georgia as soon as you possibly can following a car accident.

Document Losses and Injuries

A Georgia car accident lawyer can help you identify all of the losses you have suffered. Car accidents can result in a variety of losses. These can range from damage to a vehicle to serious physical injuries, as well as anxiety, post-traumatic stress, or any other mental/emotional pain and suffering. You lawyer will do this by gathering documents to prove:

Cost to repair or replace property
Cost of current or anticipated medical bills
Lost wages for the time you missed from work due to the car accident
Loss or reduction in earning capacity, in the event your injuries are so serious you are unable to do the type of work you have performed in the past
Emotional pain and anguish
Loss of consortium
Funeral and burial costs (if a loved one died as a result of their injuries)

Examples of the types of documents you car accident lawyer will gather include repair estimates, medical bills & records, and pay stubs.

Prepare for Trial/Settlement

All of the investigating and documenting is ultimately done in order to prepare your case for trial/settlement. A Georgia car accident lawyer will us the gathered information to build your case and establish a strategy. A car accident attorney will prepare for trial/settlement:

File a claim with the other drivers insurance company
Communicate with insurance companies, lawyers, and any other involved parties on your behalf
Negotiate for a fair settlement
Hire an expert to testify on your behalf
Representing you in court for any pre-trial hearings or motions
Try the case in front of a civil jury or judge (if it is a bench trial)
Keeping you updated throughout the process and address any concerns or questions you have

How Much Do Car Accidents Lawyers Charge in Georgia?

Georgia Car Accident Lawyers charge a contingency fee. A contingency fee mean you will pay the lawyer a certain percentage of the money you receive if you win the case or settle out of court.

If you lose your case, the lawyer does not receive any payment from you.
However, whether you win or lose your case, you will have to pay some or all of the court costs and other expenses, which can be quite high. Ask the lawyer for an estimate of such costs before you get started.
If you agree to a contingency fee, make sure the written fee agreement specifies the lawyer’s percentage and whether their share will be figured before or after other costs are deducted.
Contingency fee agreements must also state whether you will be required to pay the lawyer for related matters not specified in the fee agreement, which may arise as a result of your case.
Most car accident contingency fees range anywhere from 25% - 40% depending on how complicated/risky the case is.

Why Should I Hire SWS Accident & Injury Lawyers?

Georgia car accident victims sometimes believe that not hiring a car accident lawyer will save them money. This belief has repeatedly been disproven.

The insurance company will have its attorneys representing their case. The attorneys at SWS Accident & Injury Lawyers will ensure your legal rights are protected and you receive the maximum compensation possible. Learn more about how our car accident lawyers can help you by contacting SWS Accident & Injury Lawyers today at 770-214-2500 for a free consultation.

If you are injured in a car accident caused by a police officer or other government employee in Georgia can I still sue? The quick answer is Yes, but the process is much different than a normal personal injury lawsuit.

In Georgia, individuals typically have two years to file a lawsuit after they’re injured. That two-year time period is called the “statute of limitations.” If a lawsuit is not filed before the statute of limitations period ends, the court will dismiss it.

Two years might sound like a long time. But, it’s not. Personal injury investigations often take many months. In fact, it typically takes 3-6 months for a victim’s lawyer to obtain the victim’s medical records. If medical causation is disputed, the victim’s lawyer may also have to hire an expert to review the case before it’s filed. Additionally, depending on the severity of your injuries, you may be continuing to receive medical treatment for longer than 2 years.

This is where the biggest difference involving a lawsuit for injuries against a government employee comes into play. If you were injured by a city, county, or state entity, they must se served an “ante litem” notice before filing their lawsuit. “Ante litem” is a Latin phrase that translates to “before the action.” An ante litem notifies the government entity that they may be responsible for your injuries. The ante litem notice deadline typically ranges from 6 months to 1 year depending upon the government entity that caused the injury. If you do not serve the anti litem notice before the deadline, a court will dismiss your lawsuit.

What if my was injury was caused by a city or municipality in Georgia?

If you're injuries were caused by a city/municipality, or one of their employees, you anti-litem notice has to be served within 6 months of the date of the injury. The notice must also include:

Time, place, and nature of the injury;
A description of the negligent act causing the injury; and
The amount of damages sought.

Due to the short time period for providing an ant-litem notice in this situation, it is imperative that you hire an experienced lawyer to help you with your claim.

What if my injury was caused by the State of Georgia?

If you're injuries were caused by the State of Georgia, or one of their employees, you anti-litem notice has to be served within 12 months of the date of the injury. The notice must include:

The name of the state government entity responsible;
Time and place of the injury;
A description of the negligent act causing the injury; and
The amount of damages sought.

What if my injury was caused by a county in Georgia?

If you're injuries were caused by a county, or one of their employees, you anti-litem notice has to be served within 12 months of the date of the injury. While the statue of limitations for this notice is the same as claims against a state entity, there are no specific requirements of what to include in the notice. As such, it is always best to provide the same information you would provide in an anti-litem notice against the State of Georgia.

As you can see, suing a government entity in Georgia can be a complicated endeavor. Often, you may not know who is responsible for causing your injury. You may not know that the driver who hit you was working for the city or county at the time of a crash. You might not know who is responsible for managing a street or a sidewalk containing a pothole or a crack that you slipped and fell on. If you wait to act in these situations, you run the risk of being barred from recovering anything for your injuries. Which is why it is extremely important to talk to a lawyer as soon as possible after your injury. Give us a call today so one of our lawyers can ensure you get the compensation you deserve.

Yes -- you can sue someone personally following a car accident. You have to file the lawsuit within 2 years of the date of the accident. Additionally, you will be required to prove the following things:

Breach of duty - Every driver has a duty to drive safely when operating a motor vehicle, so you have to prove that the other driver unsafely or negligently operated their vehicle.
Causation - You have to prove the other driver was at-fault, or responsible for causing the accident due to their unsafe driving.
Damages - In order to receive a judgement, or settlement, in your favor you must prove the amount of damage cause by the other drivers actions. This includes the amount of property damage to your vehicle, as well as any personal injuries you may have suffered.

Proving causation in Georgia car accident

In order to prove the other driver was at-fault, you must show that the accident was due to their unsafe or negligent operation of a motor vehicle.

Common causes of car accidents include:

Speeding - If the other driver was speeding at the time of the accident, it will likely be a partial cause of any accident. Exceeding the speed limit is dangerous as it allows for less time for a driver to react to situations on the road. Additionally, the faster a vehicle is travelling at the time of an impact, the greater the amount of damage will be.
Driving Under the Influence - It is illegal to operate a motor vehicle while under the influence of drugs or alcohol in Georgia. If an at-fault driver was under the influence at the time of the accident, it is assumed they were the cause of the accident.
Failure to Obey Traffic Signals - Traffic lights, stop signs, and other traffic signals are placed to regulate the safe flow of traffic on the road. When someone ignores a traffic signal which results in an accident, proving causation is generally easy.
Distracted Driving - Given easy access to technology today it is easy for a driver to become distracted. Whether it be using a cellphone or smart watch, or rambunctious children in the back seat, a distracted driver is a dangerous driver.
Following too Closely/Tailgating - Following another vehicle too closely decreases reaction time and increases the chance of an accident.

Proving damages in Georgia car accident

In order to successfully sue someone following a motor vehicle accident, you must show that suffered damages. These include property damage to your vehicle, as will as personal injury damages such as medical bills or lost wages. Ways to prove damages include:

Repair estimates - Many times your insurance company, or the other driver's insurer, will obtain a repair estimate for damage to your vehicle. If not, you will be responsible for obtaining an estimate from a repair shop to be used as evidence in court.
Medical bills - Any bills received for medical treatment should be saved and used as evidence in court.
Lost wages - If you are forced to miss work due to a car accident, providing pay stubs, or a letter from your employer, will be important in establishing damage to your earnings.

Being the victim of a car accident can affect your life in countless ways. If you were injured in a collision caused by another party, let the attorneys at SWS Accident & Injury Lawyers handle all aspects of your case so you can focus on recovering from your injuries.

What is uninsured and underinsured motorist insurance and why is it important to have in Georgia? In Georgia, every individual driving a motor vehicle (excluding commercial vehicles like big rigs, which have different requirements) is required to carry automotive liability insurance. The minimum requirements under Georgia law require the policy to have minimum coverage of

Bodily Injury Liability – $25,000 per person and $50,000 per incident
Property Damage Liability – $25,000 per incident

This means that in any type of accident involving the covered driver, the insurance policy will only pay a maximum of $25,000 to any individual injured in the accident, with a maximum combined payout of $50,000 per accident. Additionally, a minimum coverage auto insurance policy will also only pay for up to $25,000 in property damage (damage to another vehicle, building, etc.). Many of the well known, as well as highly advertised, insurance providers issue these types of policies.

In Georgia, about 12% of drivers do not have liability insurance. Our neighbors, whose drivers come into Georgia every day are even worse. In Florida 26.7% of drivers are uninsured and in Alabama the figure is 18.4% drivers do not have auto insurance.

Well what happens if you are in an auto accident where the at-fault driver doesn't have insurance, or the accident results in bodily injury or property damage that exceeds the coverage limits of the insurance policy? This is where uninsured and underinsured auto insurance come into play.

What is Georgia Uninsured Auto Insurance?

Uninsured motorist insurance (UM) is a type of auto insurance coverage designed to protect you if you're involved in an accident with a driver who doesn't have insurance, or doesn't have enough insurance coverage to fully compensate you for your injuries and damages. In can also come in handy in other instances, such as hit-and-run accidents where the responsible driver cannot be identified.

Here are situations where uninsured motorist insurance comes into play:

No Insurance or Inadequate Coverage: If you're in an accident caused by a driver who doesn't have insurance, or whose insurance coverage is insufficient to cover your costs, your own uninsured motorist insurance policy will step in to help cover medical expenses, lost wages, pain and suffering, and property damage. The amount of coverage is dependent on the policy.
Hit-and-Run Accidents: If you're involved in a hit-and-run accident where the at-fault driver flees the scene and cannot be identified, uninsured motorist coverage can cover your expenses, just as if the other driver were uninsured.

What is Georgia Underinsured Auto Insurance?

Underinsured Motorist Coverage is often included as part of uninsured motorist coverage. It's purpose is to kick in when an at-fault driver has insurance, but their coverage limit is lower than the costs you've incurred due to the accident. For example, say an at-fault driver has the minimum coverage required by Georgia law. Following an accident, the victim has extensive medical treatment due to injuries suffered in the accident and accumulates medical bills of $50,000. Without underinsured auto insurance, the victim will likely be limited to collecting a total of $25,000 from the at-fault drivers insurance company. Unless the at-fault driver is independently wealthy, the odds of recovering the additional $25,000 in medical bills is very slim.

Your underinsured motorist coverage can fill in this gap. If you have underinsured motorist coverage, then your insurance company would be responsible for paying the additional $25,000 for the medical bills resulting from the car accident.

Keep in mind that uninsured motorist coverage generally doesn't cover vehicle/property damage. It is mainly designed to cover your medical expenses and other costs resulting from the accident.

Does Georgia Require Insurers Provide Uninsured/Underinsured Coverage?

Georgia law requires all automobile insurers operating in Georgia to offer uninsured motorist coverage to policyholders in the same amount as the liability coverage purchased. Which as previously stated, is a minimum of $25,000 per person and $50,000 per accident for bodily injuries, and $25,000 for property damage.

That being said, an insured driver can opt out of uninsured/underinsured motorist coverage being included in their policy. This opt out has to be made in writing.

Should I notify my own car insurance if I am involved in a car accident that is not my fault?

You should always notify your own car insurance if you are involved in a car accident, even if it is not your fault and even if the at-fault driver has insurance. In order to file a claim for uninsured/underinsured motorist you are required to give the insurance company notice so they have time to investigate the accident. The old adage "the sooner, the better" applies when giving notice to your uninsured/underinsured about a possible claim, as waiting too long could allow the insurance company to deny payment.

If you or a love one have been injured in an auto accident, give our experienced lawyers a call to discuss your legal options today at (770) 214-2500.

It's that time of year again in West Georgia, where kids start another year of learning at school. Whether it be by bus, walking, or riding a bike, the increased traffic and congestion on the road can de dangerous. Below are a few back to school safety tips to think about.

Tips for Driving in a School Zone

In Georgia, school zone's are usually clearly marked and have a posted speed limit which is slower than the surrounding roadway. When driving through a school zone it is always important to limit distractions. Additional safety tips include:

Slow down and drive extra cautiously.
Do not load or unload children across the street from the school, if possible.
Do not double park; it blocks visibility for other children and vehicles, and can lead to an extremely bad outcome.
Be prepared for kids to appear in unexpected places, like from between parked cars; particularly around elementary schools or other schools with younger children.
If children ride bikes to school where you live, prepare for them to turn in front of you without looking or signaling.
If you need to use your phone, be sure you’re pulled over safely, or just wait to use it when you reach your ultimate destination.
Watch for kids walking while looking at their phones.
If possible, carpool to reduce the number of cars at school.
Never block a crosswalk; it forces pedestrians to go around you and could put them in the path of moving traffic.

Tips for Driving Safely When You See a School Bus in West Georgia

NEVER pass a school bus that has it's lights on.
According to NSC, most children who lose their lives in school bus-related incidents are 4 to 7 years old and are hit by the bus or by a motorist passing a bus that’s stopped to load or unload children—something that’s illegal in all 50 states.
If you’re driving behind a school bus, allow a greater following distance than if you were driving behind a car—at least three car lengths.
Stay alert for flashing lights on a bus, which warn drivers of an impending stop. Treat yellow flashing lights the same as a yellow stop light and decrease your speed. Stop when you see red flashing lights.
The area 10 feet around a school bus is the most dangerous for children; stop far enough away to allow them space to safely enter and exit the bus.

Georgia Traffic Laws Regarding School Buses

Two-lane Roads – ALL vehicles traveling in ALL lanes must stop when a school bus stops for children.
Two-lane Roads with a Center Turning Lane – ALL vehicles traveling in ALL lanes must stop when the school bus stops for children, including vehicles in the turning lane.
Four-lane Roads Without a Median Separation – ALL vehicles traveling in ALL lanes must stop when the school bus stops for children.
Roadway of Four or More Lanes with a Center Turning Lane – ALL vehicles traveling in ALL lanes must stop when a school bus stops for children, including vehicles in the turning lane.
Divided Highway of Four or More Lanes with a Median Separation – If a school bus is stopped on a divided highway that has four or more lanes with a raised median or other physical barrier, only vehicles traveling in the same direction of the school bus must stop when the school bus stops for children .

Safety Tips for Walking to School

It is always a good idea to practice the walking route with your child before the 1st day of school. While practicing the walk, it would also be a great time to freshen up on pedestrian safety.

Never walk to school with headphones in your ears or while looking at your phone.
Always try to walk on a sidewalk. If there is no sidewalk and you must walk in the street, always walk facing traffic.
Before crossing the street, stop and look left, right and left again to see if cars are coming.
Always cross the street at crosswalks. If no crosswalk is available, cross at intersections; never in the middle.
Whenever possible, walk in groups rather than alone.

From all of us at SWS Accident & Injury Lawyers we hope everyone has a fantastic and safe start to the 2023-2024 school year.

In the event you are injured in a car accident in Georgia due to the negligence of someone else, the law allows you to recover damages from the individual who caused the harm. These may include compensatory damages, consequential/special damages, and punitive damages.

What is considered "compensation" for a Georgia car accident?

Compensation, or "compensatory damages," is a type of monetary award that is intended to compensate the injured party for their actual losses and expenses resulting from a wrongful act or negligence of another party. The primary purpose of compensatory damages is to make the injured party "whole" again, as much as possible, by providing financial reimbursement for the harm they have suffered.

There are two main categories of compensatory damages:

Consequential/special damages
General damages

What are considered consequential/special damages in Georgia?

Consequential damages, also known as "special damages," are a type of legal remedy available in certain cases. These damages are different from compensatory damages, which are the immediate and foreseeable losses resulting directly from another individual's negligence or wrongful act.

Consequential damages refer to the additional losses or harm that occur as a consequence or result of another person's negligence. They are not the direct result of the negligence itself but are rather the secondary or indirect damages that flow from the negligence. These damages are generally not evident or foreseeable at the time the negligence is committed.

Examples of consequential damages may include:

Medical expenses: The costs of medical treatment, hospitalization, medication, rehabilitation, and therapy related to the injury or harm caused by the defendant.
Property damage: The cost of repairing or replacing damaged property caused by the defendant's actions.
Lost wages: Compensation for the income lost by the plaintiff due to their inability to work because of the injury or harm caused by the defendant.
Loss of earning capacity: Compensation for the reduction in the plaintiff's ability to earn income in the future as a result of the injury or harm caused by the defendant.
Other out-of-pocket expenses: Any other financial losses directly related to the defendant's actions, such as transportation costs, home care expenses, or costs associated with adapting to a disability.

What are considered general damages in Georgia?

Also referred to as "non-economic damages," general damages are intended for losses that don't have a precise monetary value. These types of damages are subjective and can range from a relatively paltry amount all the way up to hundreds of millions of dollars. These damages are more subjective and are meant to compensate the plaintiff for the non-financial harm they have endured due to the defendant's actions. General damages may include:

Pain and suffering: Compensation for physical pain and emotional distress experienced by the plaintiff as a result of the defendant's actions.
Emotional distress: Damages awarded for the psychological impact of the defendant's wrongful act, such as anxiety, depression, or other emotional turmoil.
Loss of enjoyment of life: Compensation for the reduction in the plaintiff's quality of life due to the injuries or harm caused by the defendant. For example, if an injury prevents an individual from participating in a hobby or sport due to the injuries caused by the defendant.
Loss of consortium: Damages awarded to compensate for the loss of companionship, love, and support of a loved one or spouse due to the defendant's actions.

What is considered punitive damages in Georgia?

In Georgia, to be eligible for punitive damages, the plaintiff must show by "clear and convincing evidence the defendant's actions demonstrated willful misconduct, malice, fraud, oppression, wantonness, or conscious indifference to the consequences. The standard of "clear and convincing evidence" is higher than the typical "preponderance of the evidence" standard used for most other civil matters.

Punitive damages are a type of monetary award that goes beyond compensating the plaintiff for their actual losses. Unlike compensatory damages, which aim to make the injured party whole again by reimbursing them for specific economic and non-economic losses, punitive damages are designed to punish the defendant for their egregious conduct and to deter others from engaging in similar wrongful behavior in the future.

The key features of punitive damages are as follows:

Punishment: The primary purpose of punitive damages is to punish the defendant for their actions, particularly when those actions are found to be willful, malicious, reckless, or grossly negligent. Punitive damages are meant to act as a form of societal condemnation for the defendant's conduct.
Deterrence: Another purpose of punitive damages is to deter both the defendant and others in society from engaging in similar wrongful behavior. By imposing significant financial penalties, the legal system aims to discourage future misconduct.
Separate from Compensatory Damages: Punitive damages are awarded in addition to compensatory damages. They are not meant to compensate the plaintiff for any specific losses but rather to address the defendant's misconduct directly.

Recently, Georgia enacted a law that imposes a cap on punitive damages. The total amount of punitive damages awarded cannot exceed $250,000 unless certain exceptions apply. Exceptions include cases where the defendant acted with specific intent to cause harm, was under the influence of drugs or alcohol, or engaged in conduct constituting a felony for which the defendant was convicted. Additionally, Georgia law grants immunity from punitive damages to certain entities and individuals, such as volunteer organizations, healthcare providers who treat indigent patients, and manufacturers or distributors of certain products.

Being involved in a car accident in Georgia can be a traumatic experience. Individuals involved may suffer serious injuries that require significant medical treatment and, in some cases, long-term care. In 2020, motor vehicle crashes were the second leading cause of injury deaths and the second leading cause of hospitalizations and ER visits in Georgia. This can lead to undue medical expenses, lost earnings, and other significant damages for which the responsible driver may be held liable. In order to understand your rights and determine how best to proceed, give the professionals at SWS Accident & Injury Lawyers a call today for a free consultation (770) 214-2500.