The vast majority of individuals who have been in a car accident can benefit from having a car accident attorney litigate their case. For those who have been in a serious car accident where they sustained injuries that required medical attention, it is imperative.

Each year, there are over 130,000 car accidents in the State of Georgia. Each of these requires insurance claims be filed. Insurance companies are among the most lucrative industries in the U.S., and not because they make a habit out of paying out the maximum value for every claim that’s filed with them. The Acworth, Georgia car accident lawyers at the Roger Ghai Law Offices help injured drivers file their claims and receive fair settlements that compensate them for all their injuries.

Understanding the Insurance Claims Process

When you file a claim with an allegedly at-fault driver’s insurance policy, you are making an argument that the driver who they insure was negligent and caused the accident. This is a legal argument. It requires that you show that the at-fault driver violated their duty of care. In these cases, it is assumed that any driver who takes to the road owes all other drivers, pedestrians, and cyclists a duty of care to ensure their safety. If they violate the rules of traffic, drive recklessly, drive distractedly, or drive under the influence of drugs or alcohol, they are in violation of that duty of care. When someone is injured because of that violation, they must compensate the injured party for damages.

However, insurance companies don’t make money by satisfying the maximum value of claims against their drivers. They make money by lowballing claimants, outright denying valid claims, or accusing you of being the one who was negligent. Those who want to get a fair settlement that compensates them for all their damages are in for a fight.

How Can Acworth, GA Car Accident Attorneys Help?

The Roger Ghai Law Offices will first begin by thoroughly investigating the accident. If you have pictures of the scene, we can use those to bolster your case. In some cases, there will be surveillance footage that caught the accident. If there’s no surveillance footage and you were too injured to worry about snapping photos yourself, we can hire accident reconstruction experts to formulate an idea of how the accident happened.

During your recovery, the other driver’s insurance company will likely attempt to make contact with you. You should not speak to them. They are not “just trying to help you get your money faster.” They’re trying to dredge up ways to reduce the overall value of your case. Our job as your car accident attorney is to maximize your settlement offer. This means showing a clear picture of how the other driver is responsible for the accident and using your own medical records to calculate damages.

Understanding Damages in a Car Accident Lawsuit

Damages refer to any injuries or losses you sustained as a result of the other driver’s negligence. They can be divided into two different types. These are economic and noneconomic damages. Economic damages refer to any financial losses you sustained as a result of the other driver’s negligence. These include things like medical expenses, out-of-pocket expenses related to the accident, and lost wages.

Noneconomic damages are more difficult to calculate. They include pain and suffering, emotional trauma, loss of enjoyment, and more. Essentially, they are injuries that you suffered that cannot be easily quantified. For instance, let’s say that you suffered whiplash as a result of your accident. Your neck hurts for up to two months afterward. You can no longer enjoy playing tennis. You have difficulty sleeping at night. These are all damages that you deserve to be compensated for.

Common Causes of Car Accidents

Generally speaking, car accidents occur when one or the other driver violates some traffic rule. This could mean they were speeding, went through a red light, rolled through a stop sign, didn’t check their blind spots before making a lane change, or were tailgating another vehicle.

Additionally, one of the most common reasons for car accidents is distracted driving. Today, some motorists think it’s okay to talk on their cell phones, send text messages, and fiddle with their entertainment systems instead of keeping their attention on the road. It isn’t. Each of these behaviors puts other drivers, pedestrians, and bicyclists at risk.

When Both Drivers are Partly at Fault

Georgia allows a driver to file a claim against another driver if the driver filing the claim is less than 50 percent responsible for the accident. During negotiations or a jury trial, a determination will be made as to what percentage of fault each driver should be assigned. If each driver is assigned 50 percent of the blame, then neither driver may recover damages. However, if one driver is assigned 25 percent of the blame, then that driver is entitled to recover 75 percent of their damages.

In other words, a driver’s total damages would be reduced by their share of the blame. A driver who is awarded $10,000 in damages and is 25 percent to blame for an accident would be entitled to recover $7,500.

When the At-Fault Driver Flees the Scene of the Accident

If a driver doesn’t have insurance or flees the scene of the accident, you are entitled to file a claim on your own uninsured driver’s insurance (provided that you elected to pay for it). In the event that your total damages exceed the at-fault driver’s policy limit, you can also file a claim on your underinsured driver’s insurance. In some cases, insurance companies can be prickly about paying out on these claims. In these cases, it helps to have an attorney litigate the claim for you.

Talk to an Acworth, GA Car Accident Attorney Today

If you’ve been injured in a car accident, the stakes are high. You will only get one chance to negotiate a settlement for your damages. Once you sign off on an offer, that’s it. Don’t be pressured into taking a quick settlement. Let the attorneys at the Roger Ghai Law Offices help.

A Georgia teen is in hot water after taking her mother’s car without her permission. The teen was involved in an accident that claimed the life of another driver. The teen was driving an SUV that collided with a truck. The truck’s driver died at the scene.

An incident like this brings up several legal issues that Kennesaw drivers should be familiar with. Below, we’ll discuss some of the issues with uninsured drivers and how they relate to teenagers who drive both without a license and without their parents’ permission.

Family Purpose Doctrine

Georgia law does not hold parents “automatically” liable for the negligent driving of their children. However, Georgia law does typically hold the owner of a vehicle responsible for any negligent driver’s actions. The “family purpose” doctrine establishes when parents are liable for the conduct of their children.

In Georgia, the owner of a vehicle can be held liable for the actions of a minor if the minor lives in vehicle owner’s immediate household at the time of the car accident. But only if specific conditions are met. Those conditions are as follows:

• The defendant owned the vehicle that was negligently driven;
• The negligent driver was a family member who lived in the same household;
• The owner of the vehicle knowing lent the vehicle for the “pleasure,” “comfort,” or “convenience” of the negligent driver;
• The vehicle was being loaned with the permission of the family member; and
• The family member who authorized the loan had a relationship of authority over the negligent driver.

In order to make a case against the girl’s mother, all five of these elements must be established. In other words, the mother is very lucky to be off the hook. In order to establish vicarious liability under Georgia’s family purpose doctrine, the plaintiff would need to show that the mother willingly lent the car to her daughter. Since it does not appear that this fact can be established, the case against the family is dead in the water.

Uninsured Motorist Coverage in Georgia

What, if any, money the estate and loved ones of the deceased driver can collect will depend on the quality of the uninsured motorist (UM) coverage. If the deceased driver had UM coverage, the estate can file a claim on that coverage as could specific family members. These include spouses, children, or anyone else who could be said to be a “dependent” of the deceased driver. Damages in a wrongful death action include loss of love, companionship, consortium (for a spouse) and moral guidance (for children) as well as economic damages including medical bills associated with the accident, loss of potential income, and so forth.

This is where it helps to pay attention to your policy options. Georgia requires insurance companies to offer UM/UIM coverage, but it doesn’t require drivers to purchase it. If this driver elected to save money by refusing to purchase UM coverage, then their last resort would be to file a wrongful death action against the teen. Minors are held to the same standards that adults are. In this case, the minor would likely lose the lawsuit against the victim’s estate and loved ones.

If the Victim Had No UM Coverage

If the victim has no UM coverage, the estate and loved ones can file a wrongful death action against the teen and very likely win. At this point, the teen has some options. They can either pay the debt owed to the family over the course of a very long period of time (provided they have the income to do so), ignore the debt completely, or discharge the debt by filing for Chapter 7 bankruptcy.

Most individuals in that position would probably attempt to discharge the debt in bankruptcy. However, now the teen will have the bankruptcy on her record which will make it very difficult for her to rebuild her credit.

In all likelihood, the family would not stand to recover much (if any) money from the teen.

Types of UM/UIM Coverage

The best kind of UM coverage is “stackable” UM coverage. You purchase a specific amount of UM coverage which sits on top of the other driver’s liability policy (if they have one). This is the best because you can recover damages from both insurance policies.

Non-stackable insurance policies are limited by a certain amount. For instance, if an at-fault driver carries $25,000 in liability insurance and your UM/UIM policies are not stackable, you would be limited to the policy limit on your UIM coverage. So, let’s say you carry $25,000 in UM/UIM coverage. You would only be entitled to recover the $25,000 paid out by the negligent driver’s insurance policy.

Many drivers elect to purchase non-stackable UM/UIM insurance policies because they’re cheaper and they’re reliable. In the case of the accident mentioned above, a stackable policy is irrelevant since the teen driver had no insurance at all.

So long as the victim had some UM/UIM insurance, the family will be able to file a claim on that policy and recover some money, probably the policy limit.

Do I Need an Attorney to File a Claim Against My Own Policy?

Of course, we’re biased here, but the sad fact is that you do. Insurance adjusters who settle claims are used to clients who have not scoured over every word of their policies and can be cheated out of money that they otherwise should be entitled to recover. In these cases, it helps, especially for major claims, to have an attorney go through the policy line for line and ensure that you receive the maximum possible settlement.

Talk to a Kennesaw, GA Car Accident Attorney Today

If you’ve been injured in a serious car accident, you should seek out the help of a seasoned car accident lawyer even when you’re filing a claim against your own policy. We ensure that you get every penny that you’re owed and prevent the insurance company from short-changing you. Call the Roger Ghai Law Offices today for a free consultation.

We’ve briefly discussed some safety issues associated with self-driving cars—what to do after an accident caused by one, what to do if it was your car involved in the accident, who is responsible for these accidents in general, etc. However, there have been a number of updates with respect to legal liability in these accidents that need to be addressed.

Specifically, one state prosecutor just recently determined that Uber is not criminally liable for the death of a pedestrian who was fatally struck by one of their self-driving cars last year. At the time of the crash, the car was in computer control mode, although there was a person operating the car.

Determining Responsibility & Liability

 According to the National Transportation Safety Board, right before the crash, the car classified the pedestrian as an “unknown object,” then a “vehicle,” then a “bicycle,” but failed to activate the emergency braking system because it was in computer control mode. In these circumstances, these cars are still designed to rely on the human operator to intervene to avoid accidents because the feature of the car’s technology essentially ignores any object in the road that it does not register as an obstacle to driving.

Still, this does not mean that Uber and the driver cannot be held liable in a civil action and, in the case of the driver, criminal charges may be appropriate. The driver—apparently, an Uber employee—was reportedly looking down and streaming a television show at the time of the accident, and may now face manslaughter charges. Not only could Uber still face a lawsuit in civil court, but the managers and/or employees of Uber could also be sued, as test drivers are supposed to intervene in situations like this. While the victim’s family has reached a settlement with Uber, the family has also sued the city, alleging that the crosswalk was poorly designed.

Experts have also weighed in on the prosecutor’s decision not to pursue criminal charges. It is difficult, in general, to hold companies criminally liable unless they purposely overlooked a huge defect that they knew would place lives at risk. Still, the decision leaves a number of unresolved issues for regulators to figure out as they try to maneuver this new technology and make it safe for everyone on the roads.

What about The Lithium-Ion Batteries & Other Autopilot Features In Other Self-Driving Vehicles? 

While this may be the first fatal accident for Uber, Tesla has, unfortunately, had its fair share of accidents involving their Model S vehicles and the Autopilot feature. Not only have there been a number of fatal accidents involving the car, including here in Georgia, but a number of these cars have also led to massive fires afterward as well when the lithium-ion batteries reignite, over and over, after the crash. These accidents not only pose a serious danger to those in the car, but arguably to those that are anywhere near the car as well. The Autopilot feature in the Tesla Model S advertises itself as being able to “automatically change lanes” and “brake for you”; however, the feature has also been involved when Tesla drivers have struck a number of tractor-trailers. The National Traffic Safety Board has already determined that Tesla provides too much leeway to drivers and still lacks the proper safeguards, and this is especially concerning given that these cars do not appear to know how to obey police sirens and pull over when instructed to. There is also no apparent way for police to commandeer the cars, which leaves law enforcement in a difficult position when something goes wrong on the road.

The Model X version has also started receiving safety complaints, with reports that the vehicle gets confused as Autopilot doesn’t seem to understand diagonal white lines on the road. In these cases, the drivers were not necessarily distracted, nor were they driving negligent in any other way, but instead reported an inability to course-correct to avoid the accident beforehand because the steering wheel locked up. According to Tesla, there was one car accident recorded for every 2.91 million miles driven with Autopilot just during the fall of 2018, and there have been at least two deaths since 2016.

When Will Self-Driving Cars Be Safe Enough?

It is generally accepted that, one day, self-driving cars will be safer than human drivers, and therefore, safety issues that arise with respect to these cars should be judged against each other instead of human-driven vehicles. Still, even though in this case the test driver made a huge oversight that arguably cost someone their life, test drivers are not expected to be present when these companies eventually deploy these vehicles – an issue that must be addressed before more are allowed on the road.

Some have also pointed out that it may be impossible to eliminate every risk when it comes to these vehicles, and this is certainly an assessment that was never done for regular human-driven vehicles. Still, the accident has definitely had its effect: although companies continue to test the vehicles, efforts to pass legislation to get these cars on the road have significantly slowed since this occurred.

Contact Our Top Kennesaw Car Accident Lawyers

The law firm of the Roger Ghai Law Offices is the premier law firm serving car accident victims who suffer injuries and other damage in Kennesaw, Georgia. If you have been hurt in an accident that was not your fault—whether that involved a self-driving or human-driven vehicle—you have the right to recover the damages you need to get back on the road to recovery, and you should not, under any circumstances, have to negotiate and hassle with insurance companies to try and obtain this recovery. Contact our attorneys today to find out more about our excellent services.

We’ve provided a number of tips regarding what you should do following a car accident here in Georgia, from the importance of documentation, to being careful about speaking with insurance adjusters without first consulting with an attorney, and more, but what about what you should not do? Unfortunately, even if you are the safest driver on the road, you cannot necessarily avoid getting into an accident with someone who runs a red light because they were texting while driving, but there are a number of mistakes you need to avoid making after getting into an accident, especially when it comes to protecting yourself, both in terms of liability and your health, as we discuss below.

Leaving the Scene

Make sure that you never drive away from the scene of an accident, no matter how minor it may seem. Always stop, check to see if anyone is injured and if an ambulance needs to be called, exchange insurance information with the other driver, and report the incident to law enforcement (if law enforcement will not respond unless there are injuries, note that you can still get an accident report). However, on that same note, when you do pull over, do not leave your car in the road and do not step into the road in an attempt to clean up the debris.

In every state, including Georgia, it is a crime to leave the scene of an accident. Also keep in mind that a significant number of drivers on the road do not have any car insurance whatsoever, which can really get you into trouble if you leave the scene assuming that the insurance companies will take care of everything.

Keep Calm

Also be careful not to unleash your anger on the other driver, even if it was their fault, or verbally admit fault even if you think it was your fault. Staying calm and checking to see if the other driver and any passengers are okay is the appropriate way to respond to any accident, and even accidentally, or while you are in a state of shock, implying to witnesses that the accident was your fault could expose you to a lawsuit. This includes avoiding even basic statements, such as saying you are “sorry” to the other driver.

Insurance Information from the Other Driver

In addition to documenting and taking a picture of everything, again, do not forget to get the insurance information from the other driver. This should include not only their insurance company and policy number, but their name, contact information, and the make, color, model, and license plate number of their car. However, do not speak with the other driver’s insurance company, or accept any kind of settlement from them, without first consulting an attorney.

Collecting Other Information

Do not leave the accident without also collecting additional information that you will need to provide to your insurance company, including:

• The address of the accident;
• Any notes regarding driving conditions;
• Witness information;
• The date and time of the accident;
• The direction each car was traveling in;
• Any relevant cross-streets;
• The details of what happened; and
• Contact and badge information for any police officers on the scene.

However, do not discuss fault—yours or theirs—on the scene. 

Take Care of Your Health

Regardless of how good or “normal” you might feel after the accident, you need to get checked out by a doctor or other healthcare professional right away, as there are a number of injuries that can take a while to show up, such as certain types of concussions.

This is especially important when it comes to back, neck, and shoulder pain, which can turn into serious, chronic conditions that haunt you for years and affect your ability to return to work and support yourself. Some chiropractors and other health professionals recommend taking the following steps in order to minimize any lasting effects from a car accident:

• Keep your cell phone out of sight when driving;
• Avoid driving when you are angry, tired, or upset;
• If you are driving in inclement weather, stay under the speed limit when possible;
• Keep your brakes and tires in good working order;
• Keep your body healthy and in good physical condition; and
• See a doctor sooner rather than later to avoid scar tissue building.

If it appears that you could be injured, speaking with an attorney is also an absolute must, as you may not only be facing massive medical bills, but the other driver may already be considering suing you in order to get ahead of any fault that they might face.

Contact Our Experienced Car Accident Attorneys in Acworth

Speaking with an attorney is also helpful before you speak with any insurance companies, even your own. Remember, it is arguably the priority of every insurance company to cut their losses, and even if you were not at fault, they may determine that finding you at fault, and raising your insurance rates, is the only way to save money for themselves. You also want to make sure that you do not delay in doing so, as some companies require claims to be filed within a certain time period after an accident.

Getting in a car accident can be beyond traumatic, but it’s likely that everyone will be in at least one during their lifetime, and if you are, working with the very best car accident attorney is really the only way to get through it. Contact our experienced Acworth car accident attorneys today to find out more about our car accident legal services.