• Bicycle Accident

    • Who is at fault if a car turned left in front of me?

      The fault generally lies with the driver making the left turn. Bicycles and other vehicles crossing an intersection in the opposite direction often have the right of way, so the vehicle making the turn is more likely the one at fault for the bicycle accident.

      However, if the bicyclist was going through the intersection and failed to stop for a red light or stop sign, then liability may shift to the cyclist. Bicycles are required to follow the rules of the road and failure to do so may put a bicyclist at fault if he or she is in an accident. Some cases of fault may not be clear and may require further investigation.

    • What is the impact on a bike accident claim if I wasn’t wearing a helmet?

      Georgia bicycle helmet laws only require riders who are younger than 16 to wear one. Despite helmets not being mandatory for riders older than 15, failure to wear one could still impact a bike accident claim if wearing one may have prevented your injury or reduced its severity.

      If the negligent actions of another party were found to be the cause of a bicycle crash, it then would need to be determined if the bicyclist was partially at fault. Failure to wear a helmet may lead to a reduction in available damages, especially if it can be proven that the injuries might have been less severe or even prevented.

    • Can I be determined to be "at fault" in a bicycling accident?

      Yes. Georgia law treats bicycles as motor vehicles; bicyclists must follow the rules of the road. If you are injured in a bicycling accident and the accident occurred when you violated a traffic safety law, you may be considered wholly or partially at fault for your injuries. If you are partially at fault, you may still be entitled to recover compensation for your injuries and property damage. An experienced lawyer can determine fault and advise you of your rights.

  • Wrongful Death

    • What Is Georgia's Wrongful Death Statute of Limitations?

      The statute of limitations in Georgia only allows you two years from the time of death to file a wrongful death claim. If you let that statute of limitations expire, you risk being ineligible for possible benefits recoverable in a wrongful death action.

      In some cases, the statute of limitations can be extended. For instance, if you lost someone three years ago in what everyone believed to be an accident, but only just discovered that the real cause of death was murder, your statute of limitations could start on the day you discover the truth, rather than the date of death.

    • How Are Wrongful Death Settlements Divided?
      1. One-third to the surviving spouse
      2. The balance will be split evenly among the deceased’s and surviving spouse’s biological children. If the children are under 18 years old and are awarded up to $15,000 in a wrongful death claim, the child’s natural guardian may hold the funds without a bond.
      3. If a minor child receives more than $15,000 as part of the final wrongful death claim award, the natural guardian may still hold the excess property beyond the original $15,000 but the natural guardian must be approved by the probate court and have a bond posted. However, a bond may not be necessary if the final wrongful death claim settlement approves annuity payments going to the child once he or she reaches 18 years old and the natural guardian has no more than $15,000 of the child’s property.

       

    • Where are Wrongful Death Lawsuits Filed?

      Wrongful death lawsuits are normally filed in the geographically appropriate State and Superior court in the Georgia courts of original trial jurisdiction. If, however, an administrator or executor of an estate must file a wrongful death lawsuit, it must also go through probate court.

  • Slip & Fall

    • What is Superior Knowledge?
      Superior knowledge is a legal concept where the homeowner or property owner had actual knowledge of the dangerous defect or should have known. Georgia courts have held that a homeowner or property owner can be found to have superior knowledge if the dangerous defect existed for at least 20 minutes. Superior knowledge is also the principle that the homeowner or property owner/manager has greater knowledge of a dangerous defect than the victim.
    • What is a hazardous condition?

      A hazardous condition is one where an injury may occur. These may be permanent, as in the case of broken stairs, or temporary, such as when water is on the floor. Property owners are responsible for warning patrons about permanent hazardous conditions and remedying them. Property owners may not be responsible for injuries sustained in temporary hazardous conditions if they were not made aware of the problem. Proving liability in temporary hazardous conditions requires evidence that the owner had knowledge of the temporary condition and did not warn visitors or correct the problem as a reasonably prudent person would in the same situation.

    • What is strict liability?

      Strict liability is the legal responsibility for damages or injury even if the person found strictly liable was not at fault or negligent. Strict liability has been applied in product and premises liability cases and when animals (pets) cause damage or injuries to another person or to their property.

  • Personal Injury

    • What is assumption of risk?
      Assumption of risk occurs when someone voluntarily exposes himself to danger or a potentially harmful situation. For example, someone who is hurt when using someone's power tool but had not worn protective gear is considered to have assumed the risk. Similarly, someone who attends a baseball game and is hit by a foul ball is considered to have assumed the risk. If a victim was participating in a dangerous activity at the time of the accident then he may be deemed to have "assumed the risk". This is often used as a defense in product liability cases where the victim did not follow directions or warnings posted on a package.
    • What is comparative negligence?

      Comparative negligence is where the responsibility for the injuries is compared and the amount recovered by the victim is reduced by his fault percentage. The court holds each person accountable for the percentage of damages for which they are responsible.

    • What is contributory negligence?

      Contributory negligence describes when a victim is responsible for a portion of his injuries. For example, someone who ignores warning signs placed by a store owner may be found to have been careless and liable for his own injuries.

    • Will the defendant always be liable when all the negligence elements exist?

      A defendant in a negligence case can escape liability with several defenses even if negligence is proven. These defenses include contributory negligence, comparative negligence, and assumption of the risk.

    • Can someone be liable for someone else's negligence?

      Someone can be held responsible for someone else's actions. For example, a restaurant owner can be held liable for a server who negligently harms a patron within his restaurant.

    • Do all personal injury claims go to trial?

      Most personal injury claims are settled before they go to trial. Often, settlements are made between the insurance company for the party that is at fault and the victim. Settlements avoid trial expenses and delays and may lead to a higher net recovery when deducting trial preparation costs. However, if an acceptable settlement offer is not made then it may be necessary for the case to be tried in court.

    • What is a contingency fee?

      Law firms frequently handle personal injury cases on a contingency fee basis which means the firm's fee and court costs are deducted from the settlement amount. If there is no recovery then the firm receives no fee. A client typically must pay court costs regardless of the case's outcome. These include filing fees, medical records costs, and copy costs for obtaining police records or deposition transcripts. Shane Smith Law handles personal injury cases on a contingency fee basis and provides a free initial legal consultation.

    • What is intentional misconduct?

      Intentional misconduct refers to conscious or willful disregard of the rights and safety of another. It means conduct by a person with knowledge at the time of the conduct that the conduct is harmful to the health or well-being of another person. It includes battery (an intentional act causing harmful or offensive contact with another), false imprisonment (wrongful detention), and intentional infliction of emotional distress (outrageous behavior resulting in severe emotional distress).

    • What is MMI?

      A physician will conclude treatments with a victim when he has reached maximum medical improvement or MMI. This is the medically determined point where a victim's health has stabilized and he is as healthy as he can be. This may not be the same health level as the victim enjoyed before the accident. If this is the victim's reality then the physician may assign the accident victim a permanent impairment rating as determined by American Medical Association (AMA) guidelines. Auto insurance companies may seek the permanent impairment rating as part of the settlement or trial proceedings.

    • How long does it take to receive money from the case?

      In an injury case, this is frequently determined by the length of time the victim needs to heal. A victim would not want to settle a claim until he has received the necessary medical care for his injuries. The physician will release the accident victim when he reaches MMI. Once the physician has released the victim or his future accident-related medical expenses can be determined then a settlement amount can be negotiated.

  • Pedestrian Accident

    • Should I hire an attorney?
      Victims should seek the assistance of a pedestrian accident attorney to protect their rights by securing police reports, eyewitness testimony, and physical evidence and to deal with insurance representatives.
    • Will my auto insurance cover my injuries as a pedestrian?

      Some auto insurance policies offer and cover damages suffered from a Georgia pedestrian accident. Uninsured motorist coverage may provide injured pedestrians with compensation if a driver does not have any or enough liability coverage to pay for the medical and associated damages suffered by the pedestrians. However, a complete and thorough investigation into both the at-fault party and the pedestrian to determine what the damages are and if coverage exists and what the levels might be.

    • How is fault determined in a pedestrian accident?

      Fault is normally determined by the police and/or emergency responder’s report. Sincere there are so many variables and when a pedestrian becomes injured and certainly when a pedestrian is killed, neutral third-party law enforcement and medical professionals' reports, along with witnesses, traffic cameras, and other sources of evidence will be used to determine what happened to figure out which party or parties are at fault.

    • Will a pedestrian receive damages if he is at fault for the accident?

      Under Georgia's contributory negligence system, a pedestrian may still be entitled to recover damages even if he is partially at fault. In the comparative fault system, a pedestrian's recovery is reduced by the percentage of the pedestrian at fault up to 49 percent. A pedestrian who is determined to have been at least 50 percent at fault for the accident would be precluded from receiving a damage award. However, if a pedestrian is found to be 25 percent at fault and his damages (past and anticipated medical expenses, loss of income, lost future earnings, pain, and suffering, etc.) are $200,000 then the damages would be reduced by 25 percent to $150,000.

    • Does a pedestrian always have the right of way?

      Georgia law protects pedestrians but there are circumstances where a pedestrian may contribute to or be the cause of the accident. Official Code of Georgia Annotated (O.C.G.A.) Section 40-6-93 states that drivers should "...exercise due care to avoid colliding with any pedestrian...and shall exercise proper precautions upon observing any child or any obviously confused, incapacitated, or intoxicated person." However, a pedestrian who does not behave as a reasonably prudent person would under the same circumstances may be held partially or entirely at fault.

  • DUI

    • Are there financial limits when recovering damages in an impaired driver accident?
      Georgia courts award punitive damages to punish and deter similar infractions. Punitive damages are usually limited to $250,000 except in exceptions that are considered especially egregious. One of those egregious exceptions is impaired driving, thus eliminating any punitive damages limitations.
    • I was a passenger in an accident, what are potential damages that are recoverable from the impaired driver?

      There are three types of recoverable damages from an impaired driver: special, general, and punitive. Special damages mainly include economic losses including past and future medical expenses, lost wages or future earnings, and funeral expenses. General damages include non-economic losses including compensation for pain and suffering, emotional distress, or loss of companionship. Punitive damages are intended to punish an offender and to deter others from committing the same offense.

    • Can I sue an impaired driver who killed a family member who was crossing the road in a crosswalk?

      In Georgia a wrongful death claim is filed by surviving family members though the court views the family as the victim's representatives. According to Section 51-4-1 of the Official Code of Georgia Annotated (O.C.G.A.), the order of the appropriate party to bring the wrongful death claim is: the spouse, children, or the victim's parents (if there is no living spouse or children).

      Georgia juries in wrongful death claims may consider the victim's life, age, health, business situation, activities and other facts relevant to the case. Jurors may also consider the victim's expected earnings during the duration of his working lifetime, his medical benefits or retirement/pension that would have been accrued, any expected inheritance he had not yet received and the victim's physical or mental suffering endured prior to death as a direct result of his injuries.

    • Can I sue a driver who was impaired by prescription medication?

      A driver who is impaired by any substance is liable for any accident he causes. This would include prescription medications that cause drowsiness or fatigue, over-the-counter medications with known side effects, illegal drugs such as marijuana, cocaine, ecstasy, heroin, and mind-altering substances such as glue-sniffing or bath salts.

      Methadone, a prescription substance used to help addicts to overcome their addiction, can also be the cause of impaired driving. Methadone has many known side effects including drowsiness, dizziness, dulled response time, and sensory reduction. Methadone prescriptions warn against driving after taking the drug.

    • Is a driver liable for damages & injuries if They Have a Blood Alcohol Concentration (BAC) of 0.08% at the time of the accident?

      If there is evidentiary proof that the impaired driver violated a traffic law and this was the proximate cause of the damage and injuries then Georgia law views that driver as negligent per se. It would be essential to show the BAC reading from a breath or blood test contained in the police report. A Georgia BAC of at least 0.08 percent is considered legally intoxicated. Drivers under 21 may be convicted of DUI with a BAC of 0.02 percent. Commercial vehicle drivers and truck drivers with a BAC of 0.04 percent may be convicted of DUI.

    • My car was hit by a drunk driver who just left a bar after watching a Georgia Bulldogs game. Is the bar liable for my injuries?

      Places that serve alcohol to someone who is clearly intoxicated while knowing that the person would likely soon be driving can be held responsible according to Georgia's Dram Shop Laws. This is codified in Section 51-1-40 of the Official Code of Georgia Annotated (O.C.G.A.).

      The place that provided the alcohol may be held liable for injuries to third parties caused by a customer if the victim can prove three issues:

      1. The defendant (bar, restaurant, etc.) knowingly furnished alcohol to someone under 21 years old, or to a person (21 or older) who was clearly intoxicated;
      2. The defendant did so knowing that the minor or intoxicated person would soon be driving a motor vehicle; and
      3. The act of providing the alcohol was the proximate cause of the victim's injuries.
    • Should I Apologize After the Accident?

      DO NOT APOLOGIZE TO THE OTHER DRIVER AS THIS MAY BE INTERPRETED AS AN ADMISSION OF GUILT. The proper place and time to discuss the accident's liability is in court or with your attorney.

    • Should I try to get a statement from the impaired driver?

      Exchange the necessary information with the other driver and render aid if you can and if such aid is necessary. Otherwise, do not engage in any conversation with the other driver or allow the other driver to hear any conversations you may have on the phone or with passengers. Any incriminating statements may be used against you and may be construed as admissions of guilt.

  • Car Accidents

    • Should a victim accept a check from the at-fault driver's insurance company?
      A victim should not accept a check from the at-fault driver or his insurance company as this may be interpreted as a settlement acceptance and may prevent the victim from receiving additional compensation. A victim should consult with an attorney before signing any release or accepting any money.
    • What should I do with the pictures I took of the car accident and my injuries?

      Taking pictures of your accident scene can help police, insurance companies, accident investigators, and—most importantly—your personal injury case. By capturing the damages to both vehicles and your personal injuries, such as swelling, bruises, cuts, and stitches, it will be easier to convince the insurance company or the jury that the crash caused your serious injuries.

      Keep your evidence and hold onto your pictures, but do not post any pictures or information about your car crash online. Posting pictures and comments on the Internet about car accidents have cost many people their compensation. For this reason, our lawyers recommend that you do not email photos, tweet pictures, or post pictures on Facebook. Keep your photos and comments to yourself, and only share them with your attorney. Your lawyer will know what photos to share with the insurance company that will strengthen your case and not harms it.

    • What should you expect to recover for your injuries?

      It will depend on the seriousness of your injuries. If you require time off work or if you suffered disfigurement or disability, your recovery will be based off of your injuries, lost income, loss of services, and enjoyment of life.

    • How can you prove that the other driver hit you or that it was his or her fault?

      Request a copy of the accident report. Typically, a police report may indicate who was at fault in the accident. You can use this proof, witnesses’ statements, video surveillance, or hire experts to conduct an investigation and recreate the crash.

    • Should you provide your insurer with a recorded statement?

      No. Many insurance companies will attempt to get a recorded statement from you as soon as possible. It is best to tell your insurance company that you are not comfortable with their request and that you will speak with your attorney first. Even though it is your insurance company, they will attempt to get you to say something that will downplay your injury and lessen their liability.

    • Should you go to the emergency room?

      Yes. It is best for your health and best for your future personal injury claim that you seek medical care promptly after a crash. Even if you are sore or stiff in any way, it is best to have a doctor check you over.

    • Should you call your insurance company to report your collision?

      Yes. You should report your accident to your own insurance company. Every policy is different, but some require notifying them within 30 days following the wreck. Make sure you read the specifics in your policy and report your claim accordingly. You have a duty to the insurance company to report claims so that the insurer can investigate your claim. If you fail to comply with the terms of the insurance policy, coverage may be denied.

  • Brain Injuries

    • What about rehabilitation for traumatic brain injury victims?
      In conjunction with the body’s natural ability to heal itself, rehabilitation attempts to “teach” your body and brain how to perform functions that were automatic before a traumatic brain injury. Depending on how serious the damages are, how much rehabilitation, the types of exercise, and the age of the patient, medical professionals give nearly all victims a good chance of recovery. With the exception of very severe cases, most victims can learn basic functions but may have mild to moderate disabilities. It is noted that rehabilitation can be very expensive if many months or years are required.
    • How well can a victim’s brain recover from a traumatic brain injury?

      Depending on the victim’s age, the ability to recover and relearn basic functions is possible over time. However, if there are past injuries, internal bleeding or a loss of oxygen to the brain can all seriously damage and leave a victim with permanent injuries. While the brain, like every organ in the body has the ability to recover, how well and how complete one’s recovery is depends on many different factors.

    • Why do some brain injury victims have better outcomes than others?

      Depending on where the brain suffers trauma different functions are impacted. For example, if the cortex portion of the brain is damaged, it will impact fewer vital organ systems as is controls personality. However, if the brain stem is damaged, around-the-clock medical may be necessary because vital functions such as heart rate and breathing are directly impacted.

    • What is brain damage and are there different types of damage?

      Brain damage occurs when the tissue of the brain is damaged. Different types of brain damage include:

      • Direct trauma to neurons that kill the cells
      • Connections between the neurons, known as “white matter” can also be damaged
      • Swelling and loss of oxygen also kill brain cells