Auto Accident Deaths in 2022: A Comprehensive Analysis

Auto Accident Lawyers Woodstock Ga

Auto Accident Deaths in 2022: A Comprehensive Analysis

Auto Accident Lawyers Woodstock Ga

Auto Accident Deaths in 2022: A Comprehensive Analysis

Welcome to our comprehensive analysis of auto accident deaths in 2022. At the Law Offices of Kyle e. Koester, LLC, we are committed to providing the most relevant and detailed information to our readers. In this article, we delve into the statistics and trends surrounding auto accident fatalities, comparing them to pre-pandemic levels. Our aim is to present you with valuable insights and help you understand the current state of auto safety in order to promote awareness and drive positive change.

The Impact of the Pandemic

The COVID-19 pandemic has had a profound effect on various aspects of our lives, including transportation and road safety. As lockdowns were implemented and travel restrictions imposed, the number of vehicles on the road decreased significantly. This change in traffic patterns had both direct and indirect effects on auto accident deaths.

Decreased Traffic and its Influence

With fewer vehicles on the road, one might expect a significant reduction in auto accident deaths. However, the reality is more complex. While overall traffic volume decreased, certain risky behaviors emerged among remaining drivers, leading to an increase in fatal accidents.

Risky Driving Behaviors

Speeding

Speeding became a prevalent issue during the pandemic. With less congested roads, some drivers took advantage of the open spaces and disregarded speed limits. This reckless behavior contributed to a surge in fatal accidents, highlighting the need for continued enforcement of speed regulations.

Distracted Driving

Another concerning trend observed during the pandemic was an increase in distracted driving. With people relying more on their smartphones and other devices for communication and entertainment, the temptation to use them while behind the wheel grew stronger. This dangerous habit resulted in tragic consequences, emphasizing the importance of educating drivers about the risks and promoting responsible phone usage.

Infrastructure and Road Conditions

While changes in driver behavior played a significant role, the condition of the infrastructure and roadways also contributed to the number of auto accident deaths. Neglected road maintenance and inadequate signage can create hazardous situations, especially when combined with increased speeds or distracted driving.

Pre-Pandemic vs. 2022 Auto Accident Statistics

To better understand the impact of the pandemic on auto accident deaths, it is essential to compare the statistics from 2022 with pre-pandemic levels. By analyzing this data, we gain valuable insights into the long-term effects of the pandemic on road safety.

Statistical Comparison

In a study conducted by NTSB, it was found that auto accident deaths in 2022 remained alarmingly high compared to pre-pandemic levels. Despite the decrease in traffic volume, the number of fatal accidents did not decrease proportionally, painting a concerning picture of road safety in recent times.

Promoting Road Safety: The Way Forward

To address the persistently high auto accident death rates, it is crucial to implement comprehensive measures that promote road safety and mitigate the risks associated with driving. Here are some suggestions for individuals, policymakers, and organizations to consider:

1. Public Awareness Campaigns

Develop and execute extensive public awareness campaigns to educate drivers about the dangers of risky behaviors such as speeding and distracted driving. Utilize various media platforms to reach a wider audience and emphasize the importance of responsible driving habits.

2. Enhanced Law Enforcement

Increase law enforcement efforts to deter and penalize drivers who engage in dangerous behaviors. Strict enforcement of speed limits, the implementation of traffic cameras, and intensified patrols can help reduce the incidence of fatal accidents.

3. Improved Infrastructure

Invest in infrastructure improvements to ensure safer roadways for all users. This includes regular maintenance, clear signage, and effective traffic management

systems. Addressing road hazards and implementing measures to minimize risks, such as the installation of guardrails and proper lighting, can significantly contribute to reducing auto accident deaths.

4. Driver Education and Training

Prioritize driver education and training programs to equip individuals with the necessary skills and knowledge to navigate the roads safely. Emphasize defensive driving techniques, hazard awareness, and the importance of adhering to traffic rules and regulations. Encourage new drivers to undergo comprehensive training before receiving their licenses.

5. Technology and Innovation

Harness the power of technology to enhance road safety. Develop and promote the use of advanced driver assistance systems (ADAS) that can help prevent accidents by providing warnings and assisting drivers in critical situations. Additionally, explore innovative solutions such as intelligent transportation systems (ITS) and vehicle-to-vehicle communication to create a more interconnected and safer road network.

Conclusion

In conclusion, the statistics reveal that auto accident deaths in 2022 remained unacceptably high compared to pre-pandemic levels. Despite decreased traffic volume, risky driving behaviors and infrastructure shortcomings played a significant role in this alarming trend. To address this issue, a multifaceted approach is necessary, including public awareness campaigns, enhanced law enforcement, improved infrastructure, driver education, and the integration of technology.

At the Law Offices of Kyle e. Koester, LLC, we are dedicated to promoting road safety and reducing auto accident deaths. By raising awareness, providing valuable insights, and advocating for effective measures, we strive to make a positive impact on the lives of individuals and communities. Together, let us work towards a future with safer roads and fewer tragedies.

Remember, each of us has a role to play in ensuring road safety. Stay vigilant, drive responsibly, and prioritize the well-being of yourself and others on the road.

mermaid-diagram-2023-06-12-105524

The diagram illustrates the relationship between decreased traffic and its influence on risky driving behaviors, such as speeding and distracted driving. It also highlights how infrastructure and road conditions, including neglected maintenance and inadequate signage, can contribute to auto accident deaths.

Remember, safe driving saves lives. Together, we can make a difference on the road.

Note: This article is intended for informational purposes only and should not be considered as legal or professional advice. Always consult with relevant authorities and experts for specific guidance on road safety and accident prevention.

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Is Georgia a No-Fault State for Car Accidents?

Is Georgia A No Fault State for Car Accidents

Is Georgia a No-Fault State for Car Accidents?

Is Georgia A No Fault State for Car Accidents

Is Georgia a No-Fault State for Car Accidents?

Car accidents can be stressful and overwhelming, not just physically but also financially. In the United States, every state has its own set of laws to govern car accidents, including liability and compensation for injuries and damages. One such question that often arises is whether Georgia is a no-fault state for car accidents. In this article, we will explore this topic in-depth, providing readers with a comprehensive understanding of the state’s laws, regulations, and procedures.

Table of Contents

  1. What is a No-Fault State?
  2. Understanding Georgia’s Car Accident Laws
  3. Does Georgia Follow a No-Fault System?
  4. What is Georgia’s Comparative Negligence Law?
  5. What Happens if a Driver is Uninsured in Georgia?
  6. How Does Georgia’s Statute of Limitations Affect Car Accident Cases?
  7. Can You File a Lawsuit After a Car Accident in Georgia?
  8. How to File a Claim in Georgia?
  9. What Damages Can You Recover in Georgia After a Car Accident?
  10. How to Prove Fault in a Car Accident Case in Georgia?
  11. Can You Hire a Lawyer for a Car Accident Case in Georgia?
  12. What to Do After a Car Accident in Georgia?
  13. How to Prevent Car Accidents in Georgia?
  14. Conclusion
  15. Frequently Asked Questions

Understanding Georgia’s Car Accident Laws

Before diving into whether Georgia is a no-fault state for car accidents or not, it is important to first understand the state’s car accident laws. In Georgia, car accident laws are governed by the Official Code of Georgia Annotated (OCGA) Title 51 Chapter 12, which outlines the state’s legal requirements for auto insurance, car accident lawsuits, and fault determination.

Does Georgia Follow a No-Fault System?

The answer to this question is no, Georgia does not follow a no-fault system for car accidents. Instead, Georgia follows a traditional fault-based system, also known as a tort system. This means that in case of a car accident, the person who is responsible for causing the accident is liable for the damages and injuries that result from the accident.

What is Georgia’s Comparative Negligence Law?

Georgia follows a modified comparative negligence law, which means that even if you are partially at fault for the accident, you can still recover damages. However, your compensation will be reduced by the percentage of fault assigned to you. If you are found to be more than 50% at fault, you will not be able to recover any damages.

What Happens if a Driver is Uninsured in Georgia?

In Georgia, it is mandatory for all drivers to carry auto insurance. If a driver is uninsured and causes an accident, they may be held personally liable for any damages or injuries that result from the accident. Moreover, if you are involved in an accident with an uninsured driver, you may have to rely on your own insurance to cover your damages and injuries.

How Does Georgia’s Statute of Limitations Affect Car Accident Cases?

In Georgia, the statute of limitations for filing a car accident lawsuit is two years from the date of the accident. This means that you have two years to file a lawsuit against the at-fault party. If you fail to file a lawsuit within this time frame, you may lose your right to seek compensation for your damages and injuries.

Can You File a Lawsuit After a Car Accident in Georgia?

Yes, you can file a lawsuit after a car accident in Georgia, but it is important to first attempt to negotiate a settlement with the at-fault party’s insurance company. If negotiations fail, you can then file a lawsuit in court. However, it is important to note that Georgia

requires that you first go through mediation before going to trial. Mediation is a process where both parties sit down with a neutral mediator to try and reach a settlement. If mediation fails, then you can proceed to trial.

How to File a Claim in Georgia?

If you have been involved in a car accident in Georgia, there are certain steps you need to take to file a claim. First, you should contact your insurance company and provide them with all the necessary information regarding the accident. You should also get in touch with the other driver’s insurance company and provide them with your information.

What Damages Can You Recover in Georgia After a Car Accident?

In Georgia, you can recover damages for various losses and expenses resulting from a car accident, including medical bills, lost wages, property damage, and pain and suffering. However, the amount of damages you can recover will depend on the specific circumstances of your case.

How to Prove Fault in a Car Accident Case in Georgia?

To prove fault in a car accident case in Georgia, you will need to provide evidence showing that the other driver was negligent or acted recklessly. This can include eyewitness testimony, police reports, and other physical evidence such as skid marks or damage to the vehicles.

Can You Hire a Lawyer for a Car Accident Case in Georgia?

Yes, you can hire a lawyer for a car accident case in Georgia. A lawyer can help you navigate the complex legal system and ensure that your rights are protected. They can also help you negotiate a fair settlement with the at-fault party’s insurance company or represent you in court if necessary.

What to Do After a Car Accident in Georgia?

After a car accident in Georgia, it is important to first ensure that everyone is safe and seek medical attention if necessary. You should also exchange contact and insurance information with the other driver and gather as much evidence as possible, including taking photos and getting eyewitness testimony. Finally, you should contact your insurance company and report the accident as soon as possible.

How to Prevent Car Accidents in Georgia?

To prevent car accidents in Georgia, you should always obey traffic laws and avoid distracted driving. This includes not texting or using your phone while driving, not driving under the influence of drugs or alcohol, and always wearing your seatbelt. You should also ensure that your vehicle is properly maintained and in good condition.

Frequently Asked Questions

  1. What is the minimum auto insurance coverage required in Georgia? Answer: In Georgia, the minimum auto insurance coverage required is liability insurance, which covers damages and injuries to others if you are at fault in an accident. The minimum coverage limits are $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $25,000 for property damage per accident.
  2. Can I file a lawsuit if the other driver was uninsured? Answer: Yes, you can file a lawsuit if the other driver was uninsured. However, if the other driver does not have insurance, it may be difficult to recover damages. In this case, it may be beneficial to have uninsured motorist coverage through your own insurance policy.
  3. How long do I have to file a claim after a car accident in Georgia? Answer: In Georgia, you generally have two years from the date of the accident to file a claim for personal injury or property damage resulting from a car accident. However, it is best to file a claim as soon as possible to ensure that you do not miss any deadlines or statutes of limitations.
  4. Can I recover damages for emotional distress after a car accident in Georgia? Answer: Yes, you may be able to recover damages for emotional distress after a car accident in Georgia. However, proving emotional distress can be difficult, and you will need to provide evidence that your emotional distress was a direct result of the accident.
  5. How much does it cost to hire a lawyer for a car accident case in Georgia? Answer: The cost of hiring a lawyer for a car accident case in Georgia can vary depending on the specific circumstances of your case and the lawyer’s fees. Some lawyers may offer a contingency fee arrangement, where they only get paid if you win your case, while others may charge an hourly rate or a flat fee. It is important to discuss fees with any potential lawyer before hiring them.

Conclusion

In conclusion, understanding the laws and regulations surrounding car accidents in Georgia can be complex and overwhelming. However, it is important to be aware of your rights and responsibilities as a driver in order to protect yourself and others on the road. If you have been involved in a car accident, it is essential to seek legal guidance to ensure that your rights are protected and that you receive the compensation you deserve. At The Law Offices of Kyle E. Koester, LLC, located in Woodstock, Georgia, we are dedicated to providing high-quality legal representation and advocating for our clients’ best interests. Contact us today for a consultation and let us help you navigate the complexities of Georgia’s car accident laws.

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What to Expect from Your Car Accident Lawyer

Auto Accident Lawyers Woodstock Ga

What to Expect from Your Car Accident Lawyer

Auto Accident Lawyers Woodstock Ga

What to Expect from Your Personal Injury Lawyer

If you have been in a car accident, it can be a stressful and overwhelming experience. You may be dealing with injuries, medical bills, and lost wages, as well as the hassle of dealing with insurance companies. That’s where a car accident lawyer can help. At The Law Offices of Kyle E. Koester, LLC, we are dedicated to helping clients in Atlanta, Acworth, Marietta, and the surrounding areas navigate the legal process and recover the compensation they deserve. In this article, we will discuss what you can expect from working with a car accident lawyer.

If you have been in a car accident, it can be a stressful and overwhelming experience. You may be dealing with injuries, medical bills, and lost wages, as well as the hassle of dealing with insurance companies. That’s where a car accident lawyer can help. At The Law Offices of Kyle E. Koester, LLC, we are dedicated to helping clients in Atlanta, Acworth, Marietta, and the surrounding areas navigate the legal process and recover the compensation they deserve. In this article, we will discuss what you can expect from working with a car accident lawyer.

1. Initial Consultation

The first step in working with a car accident lawyer is to schedule an initial consultation. During this consultation, you will have the opportunity to discuss the details of your case with the lawyer and ask any questions you may have. At The Law Offices of Kyle E. Koester, LLC, we offer free initial consultations, so there is no cost or obligation to meet with us.

2. Investigation

Once you have hired a car accident lawyer, they will begin investigating your case. This may include gathering evidence, such as police reports, witness statements, and medical records. They may also consult with experts, such as accident reconstruction specialists or medical professionals, to help build a strong case on your behalf.

3. Communication with Insurance Companies

Dealing with insurance companies can be a frustrating and time-consuming process. Your car accident lawyer can handle all communication with the insurance companies involved in your case, including negotiating settlements and dealing with any disputes that may arise.

4. Negotiation and Settlement

In many car accident cases, a settlement can be reached without the need for a trial. Your car accident lawyer will negotiate with the insurance companies on your behalf to reach a fair settlement that compensates you for your injuries and damages. At The Law Offices of Kyle E. Koester, LLC, we are skilled negotiators and will fight to ensure that you receive the compensation you deserve.

5. Trial

In some cases, a trial may be necessary to resolve a car accident case. If this is the case, your car accident lawyer will prepare your case and represent you in court. At The Law Offices of Kyle E. Koester, LLC, we have extensive trial experience and will fight to ensure that your rights are protected and that you receive the compensation you deserve.

6. Support and Guidance

Dealing with a car accident can be a traumatic and stressful experience. Your car accident lawyer can provide you with the support and guidance you need during this difficult time. At The Law Offices of Kyle E. Koester, LLC, we are committed to providing compassionate and personalized representation to each of our clients.

If you have been in a car accident, don’t hesitate to contact The Law Offices of Kyle E. Koester, LLC. Our experienced car accident lawyers are here to help you navigate the legal process and recover the compensation you deserve.

Frequently Asked Questions

  1. How much does it cost to hire a car accident lawyer?

At The Law Offices of Kyle E. Koester, LLC, we offer free initial consultations, and we work on a contingency fee basis. That means we only get paid if you receive compensation for your injuries and damages. We believe that everyone deserves access to legal representation, regardless of their financial situation.

  1. What if I can’t afford to pay for medical bills and other expenses while my case is pending?

If you are unable to pay for medical bills and other expenses while your case is pending, your car accident lawyer may be able to help. At The Law Offices of Kyle E. Koester, LLC, we can work with medical providers to ensure that you receive the care you need, even if you are unable to pay upfront. We can also help you seek compensation for these expenses as part of your case.

  1. How long will my case take?

The length of your case will depend on a variety of factors, including the complexity of your case and whether a settlement can be reached. At The Law Offices of Kyle E. Koester, LLC, we will work diligently to resolve your case as quickly and efficiently as possible, while also ensuring that you receive the compensation you deserve.

  1. What types of damages can I recover in a car accident case?

You may be able to recover a variety of damages in a car accident case, including medical expenses, lost wages, pain and suffering, and property damage. Your car accident lawyer can help you determine what types of damages you may be entitled to.

  1. How do I get started with The Law Offices of Kyle E. Koester, LLC?

If you have been in a car accident in Atlanta, Acworth, Marietta, or the surrounding areas, contact The Law Offices of Kyle E. Koester, LLC to schedule a free consultation. During this consultation, we will discuss the details of your case and provide you with guidance on how to move forward.

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Vehicle Safety: Which Vehicles Are More Likely to Keep You Safe in an Accident

Which Vehicles Perform Best in Side, Head-On and Rear Impact Collisions?

Vehicle Safety: Which Vehicles Are More Likely to Keep You Safe in an Accident

Which Vehicles Perform Best in Side, Head-On and Rear Impact Collisions?

Which Vehicles Perform Best in Side, Head-On and Rear Impact Collisions?

Car accidents are a leading cause of injury and death in the world. In the United States alone, more than 38,000 people lost their lives in car accidents in 2019. The good news is that advances in car safety technology have resulted in cars that are safer than ever before. But with so many car makes and models on the market, it can be challenging to determine which ones are the safest. In this article, we will explore which vehicles perform better in side impact collisions, head-on collisions, and rear impact collisions, and provide you with the safest and worst-performing car makes and models.

Understanding Car Safety Ratings:

The National Highway Traffic Safety Administration (NHTSA) and the Insurance Institute for Highway Safety (IIHS) are two organizations that provide car safety ratings. The NHTSA provides a five-star safety rating system, with five stars being the highest safety rating. The IIHS provides a safety rating system that ranges from poor to good, with good being the highest safety rating.

Safest Cars in Side Impact Collisions:

In side impact collisions, the car’s side is hit by another car or object. The safest cars in side impact collisions include:

  1. Volvo XC90
  2. Toyota Camry
  3. Honda Accord
  4. Subaru Legacy
  5. Mazda 6

Worst-Performing Cars in Side Impact Collisions:

The worst-performing cars in side impact collisions include:

  1. Mitsubishi Mirage
  2. Hyundai Accent
  3. Kia Rio
  4. Chevrolet Spark
  5. Nissan Versa

Safest Cars in Head-On Collisions:

In head-on collisions, the front of one car hits the front of another car. The safest cars in head-on collisions include:

  1. Subaru Impreza
  2. Honda Civic
  3. Toyota Corolla
  4. Mazda 3
  5. Kia Forte

Worst-Performing Cars in Head-On Collisions:

The worst-performing cars in head-on collisions include:

  1. Chevrolet Spark
  2. Mitsubishi Mirage
  3. Kia Rio
  4. Nissan Versa
  5. Hyundai Accent

Safest Cars in Rear Impact Collisions:

In rear impact collisions, one car hits the back of another car. The safest cars in rear impact collisions include:

  1. Subaru Ascent
  2. Toyota Camry
  3. Mazda CX-5
  4. Honda Insight
  5. Mazda 6

Worst-Performing Cars in Rear Impact Collisions:

The worst-performing cars in rear impact collisions include:

  1. Kia Rio
  2. Hyundai Accent
  3. Chevrolet Spark
  4. Mitsubishi Mirage
  5. Nissan Versa

Severe Injury Data for Car Makes and Models:

The IIHS also provides data on the likelihood of severe injury in a car accident. The cars with the lowest likelihood of severe injury in a car accident include:

  1. Audi A4
  2. Volvo XC90
  3. BMW 5 Series
  4. Mercedes-Benz E-Class
  5. Toyota Highlander

Fatality Data for Car Makes and Models:

The NHTSA provides data on the number of fatalities per billion vehicle miles traveled. The cars with the lowest fatality rates include:

  1. Tesla Model 3
  2. Audi E-Tron
  3. Subaru Legacy
  4. Lexus UX
  5. Mazda MX-5 Miata

Frequently Asked Questions:

  1. How do car safety ratings work? Car safety ratings are provided by organizations such as the NHTSA and the IIHS. The ratings are based on crash tests and other safety-related factors, and are intended to help consumers make informed decisions when purchasing a car.
  2. What are the safest cars in side impact collisions? The safest cars in side impact collisions include the Volvo XC90, Toyota Camry, Honda Accord, Subaru Legacy, and Mazda 6.
  3. What are the worst-performing cars in head-on collisions? The worst-performing cars in head-on collisions include the Chevrolet Spark, Mitsubishi Mirage, Kia Rio, Nissan Versa, and Hyundai Accent.
  4. What are the cars with the lowest likelihood of severe injury in a car accident? According to the IIHS, the cars with the lowest likelihood of severe injury in a car accident include the Audi A4, Volvo XC90, BMW 5 Series, Mercedes-Benz E-Class, and Toyota Highlander.

Car safety is a crucial factor to consider when purchasing a car. In this article, we have explored which vehicles perform better in side impact collisions, head-on collisions, and rear impact collisions. We have also provided information on the safest and worst-performing car makes and models, as well as severe injury and fatality data. By considering this information, you can make an informed decision when purchasing your next car, and help to ensure your safety and the safety of your passengers on the road.

Sources:

  1. National Highway Traffic Safety Administration. (2021). Crash Test Ratings. https://www.nhtsa.gov/ratings
  2. Insurance Institute for Highway Safety. (2021). Top Safety Picks. https://www.iihs.org/ratings/top-safety-picks
  3. U.S. News & World Report. (2021). 21 Safest Cars and SUVs for 2021. https://cars.usnews.com/cars-trucks/safest-cars-and-suvs
  4. Consumer Reports. (2021). Best Cars for Safety. https://www.consumerreports.org/car-safety/best-cars-for-safety/
  5. National Safety Council. (2021). Injury Facts. https://injuryfacts.nsc.org/motor-vehicle/overview/introduction/
  6. National Highway Traffic Safety Administration. (2021). Fatality Analysis Reporting System (FARS). https://www.nhtsa.gov/research-data/fatality-analysis-reporting-system-fars

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Local Hospital Fined $1 Million Over Price Transparency

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Local Hospital Fined $1 Million Over Price Transparency

A federal agency has issued notices to Northside Hospital that they are being fined one million dollars. This includes a fine of $214,320 to Northside Hospital Cherokee. The federal agency says the healthcare system failed to make pricing information publicly available online. This is a violation of federal law.

Northside Hospital Atlanta and Northside Hospital Cherokee are the first hospitals to be fined by the Centers for Medicare and Medicaid Services for violations of a price transparency law. This new law went into effect at the beginning of last year. It requires hospitals to provide clear and accessible pricing information to the public.

The agency has said that Northside Hospital has failed to make a public list of all charges for all items and services provided by the hospital. According to the letter received by the hospital system, the agency asked Northside Hospital twice for an action plan to correct the violation and did not receive one. In the notice to Northside Hospital Cherokee dated June 7, the agency charges that the hospital has been in violation of the law since April 15, 2021.

The CMS stated that on a phone call with Northside Hospital Cherokee that took place in January, the representative for the hospital confirmed that the violations had not been corrected and that the hospital had removed all previously posted prices.

When the agency asked Northside Hospital Atlanta for a corrective action plan in November, a hospital representative said that potential patients would have to call the hospital for an estimate. The CMS says that price estimations do not comply with regulations.

The hospital system has 60 days from the date of the notices to pay the fines. They can submit a request for an appeal within 30 days

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Car Crash Kills Child – State Trooper May Be At Fault

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Car Crash Kills Child – State Trooper May Be At Fault

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A driver who was speeding away from state troopers crashed and is now accused of killing a 12 year old boy who was in his car. The boy’s family has hired a civil rights attorney.

Leden Boykins died when a car crashed after state troopers performed a PIT maneuver. The PIT maneuver has become known as a controversial maneuver.

A local news outlet spoke with the boy’s family. The family believes officers should be held accountable for the boy’s death. They are asking that the Georgia Bureau of Investigation open a new investigation into the accident.

The incident started with a traffic stop. Investigators say Charlie Moore was speeding with two kids in the car. They said Moore refused to comply and wouldn’t roll down his window or show officers his drivers license. A trooper then called for backup, and the deputy who responded busted out the car window. Moore then drove off, driving over a trooper’s foot as he left.

This all occurred nearly one year ago and Leden’s family feels as though they aren’t any closer to getting justice. The civil rights attorney retained by the family has requested that the Paulding County prosecutor recuse himself and allow a special prosecutor to come in and take over the case.

Moore has been accused of driving drunk and leading troopers on a chase. When troopers used the PIT maneuver to stop him, the car flipped multiple times. According to the Georgia Department of Public Safety, many factors should be considered before using the PIT maneuver. These factors include whether or not children are in the car. Leden’s family and their attorney maintain that if policy had been followed, Leden would still be alive today.

Georgia State Patrol has said they are unable to comment on ongoing litigation. The Paulding County Sheriff’s Office has said that Moore could have prevented what happened. They maintain that if Moore had followed lawful commands by the trooper and deputies that Leden would still be alive.

A 911 call revealed that Moore told Paulding County Dispatchers that children were in the car and that that message didn’t make it to troopers until after the PIT maneuver was performed.

If you or a loved one has been injured as a result of police negligence please contact the Law Offices of Kyle E. Koester, LLC at 770-744-5250 or contact us online.

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Georgia High Court Ruling Targets Retailers

Georgia Supreme Court

Georgia Supreme Court Decision May Impact Retailers

Georgia Supreme Court

Shoppers in Georgia who are unable to load and secure bulky purchases onto their vehicles by themselves may notice some changes soon. They may find store employees less willing to help load and secure the items, and the employees who do help may be more cautious and vigilant.

The Georgia Supreme Court ruled that anyone who assists in loading something onto a vehicle has a duty to ensure that the load is securely fastened. The Supreme Court rejected an argument by the mega retailer Sam’s Club that only the operator of a vehicle should be held liable for damage sustained by an unsecured load.

The U.S. District Court in Albany, GA asked for the Supreme Court’s guidance as it considers a lawsuit filed against Sam’s by a woman who was injured when her vehicle hit a mattress that had come off a pickup truck. Amanda K. McEntyre is arguing that two Sam’s Club employees failed to properly secure the mattress to the pickup truck.

Sam’s and a business group called Georgians for Lawsuit Reform had previously argued that the statute that requires loads to be securely fastened (OGCA Section 40-6-248.1 (b) (1)) should only be applied to motor vehicle operators. If the statute is applied to store employees or others willing to help as a courtesy, they could be considered criminals if something happened along the way.

However, the ruling wasn’t a complete loss for Sam’s. The court also found that the statute doesn’t create “strict liability”. This means that the person who violates the law doesn’t automatically become liable for damages caused by an unsecured load. Plaintiffs must show that the violator’s negligence was a proximate cause of the harm.

McEntyre sued McCall after the February 2016 incident occurred and accepted a settlement. She also sued Sam’, claiming that the store was negligent because two of its employees tied the mattresses and box springs down to McCall’s truck. The complaint says that McEntyre had to undergo multiples surgeries after her shoulder and neck were injured in the accident with the loose mattress. She lost $5,542.49 in wages and had medical bills that totaled $119,151.15. After Sam’s filed a motion to dismiss the complaint, District Court Judge Leslie Abrams Gardner sent certified questions asking the Georgia Supreme Court to resolve the following unsettled questions of law:

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1. Does Section 40-6-248.1 require a person assisting a motor vehicle operator to load merchandise on a vehicle to securely fasten the load?
2. Under the statute, can a person who assisted in loading but did not operate the vehicle be held liable to a third party who was injured as a result of the manner in which the load was secured?
3. Does the statute impose strict liability on a person who did not securely fasten a load that caused damage to another?
The Supreme Court replied yes to questions 1 and 2 and no to question 3. The court’s unanimous opinion says the plain language of the statute imposes a duty on anyone who loads items on a vehicle a duty to others on the public roads. Nothing in the statute limits that duty to only the driver of the vehicle. Additionally, any person who violates the statute can be held liable for any resulting damages. However, that doesn’t mean that strict liability applies to violators of the statute. The Supreme Court said that strict liability is generally only imposed when the circumstances involved abnormally dangerous activities. Nothing in the statute provides for strict liability in the context of a civil tort action.

“When a person is allegedly injured by such a load or covering falling on a public road, ordinary principles of negligence apply, meaning that the plaintiff must establish a breach of this statutory duty, proximate causation, and damages in order to establish liability,” the opinion says.
The court went on to clarify that its findings should mitigate the tort reform group’s concerns about any practical consequences of its ruling. “A trial court cannot presume that in every instance where a load has become loose, detached, or in any manner a hazard to other users of the public road that the load was not securely fastened and that any person who assisted in loading or securing the load is liable,” the opinion says.

The case will now return to the District Court in Albany to proceed. Sam’s has also filed a lawsuit against McCall seeking reimbursement for any damages it may be required to pay as a result of the lawsuit.

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Dekalb Police Investigate a Deadly Motorcycle Crash Along I-20

Deadly Motorcycle Accident

Dekalb Police Investigate a Deadly Motorcycle Crash Along I-20

Deadly Motorcycle Accident

DeKalb County Police are investigating a fatal motorcycle accident that occurred Friday night. The crash happened around 7:00 pm along Interstate 20 near Wesley Chapel Road. A car was also involved in the accident. The cause of the accident is still under investigation, and the names of those involved have not been released.

If you or a loved one have been injured in a motorcycle accident please contact the Law Offices of Kyle E. Koester at (770) 744-5250. Our thoughts and prayers go out to the family of the deceased.

 

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Suspected DUI Driver Kills Woman, Unborn Child in Morrow Car Crash

Morrow Georgia Women Killed in Car Accident

Suspected DUI Driver Kills Woman, Unborn Child in Morrow Car Crash

Morrow Georgia Women Killed in Car Accident

Suspected DUI Driver Kills Woman, Unborn Child in Morrow Car Crash

Tragically, a pregnant 19 year old woman and her unborn child have died in a suspected DUI car crash in Morrow, Georgia.

The Morrow Police Department reported that 19 year old Ashley Acosta, a resident of Forest Park, was a passenger in a vehicle that was hit by a Ford F-150. The F-150 was driven by a 32 year old male named Jeffrey Fulks.

Acosta’s unborn child died in the accident. She remained in the hospital in critical condition until Wednesday night when she succumbed to her injuries.

Police said they were initially called to the scene of the accident at 1:55 am. The accident occurred near the intersection of Morrow Road and Jonesboro Road. The Morrow Police Department reported that Fulks was driving under the influence of alcohol headed south on Jonesboro Road when he ran a red light. Fulks then crashed into a 2015 Chevrolet Cruise driven by Emanuel Cortes Acoltzi. Acosta was a passenger in the Cruise. After the impact, the Cruise went across the intersection, over the sidewalk, and into a pole. The F-150 went over a sidewalk and through some bushes before coming to rest in a gas station parking lot.

Georgia State Patrol assisted at the scene and arrested Fulks. Fulks faces charges of DUI, vehicular feticide, first-degree homicide by vehicle, serious injury by vehicle, and failure to obey a traffic control device.

Morrow Police Chief Renan Lopez said “These cases are reminders of the tragic consequences of a decision to drive impaired. Death, injuries, damage, and life-long memories of these horrific events are terrible scars that will be carried by the individuals involved and by our community. Our thoughts are with the families of those touched by these completely preventable acts.”

If you or a loved one have been injured in an auto accident please contact The Law Offices of Kyle E. Koester at (770) 744-5250. Our thoughts and prayers go out to the injured party.

 

 

 

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Hospital Liens After a Crash: How to Keep More Money After a Settlement

hospital liens after a car accident in Woodstock Ga

Hospital Liens After a Crash: How to Keep More Money After a Settlement

hospital liens after a car accident in Woodstock Ga

Hospital Liens After a Crash: How to Keep More Money After a Settlement

If you have been involved in a serious motor vehicle collision or suffered a traumatic brain injury because of a catastrophic accident, the world can seem like it is falling apart. Not only are you dealing with numerous questions and worries, but on top of it all, you now have to worry about your extensive medical bills that keep piling up. Luckily, you have a lawsuit pending that you hope will cover these astronomical bills; but, what if it doesn’t? What if, instead, the hospital ends up with a windfall at your expense, and you are left with virtually nothing?

 

This may seem like an unimaginable situation, but it does occur. Fortunately, we are here to tell you that this does not have to happen to you. In this blog post, we will dive into hospital liens, discussing what they are, what types of problems they can cause, and what you can do to protect the compensation you deserve.

 

Georgia’s Hospital Lien Statute

Under Georgia law, when an individual is injured in an accident and the hospital provides them with medical care, the hospital can file a lien against any cause of action that is related to the injury. A hospital lien is a legal claim that the hospital is entitled to a portion of the money recovered by the patient in any settlement or lawsuit. One important aspect to note about these liens is that they are not a lien on the person but rather a lien on the personal injury action for the expenses related to the patient’s care.

 

A medical lien is allowed for treatment that is rendered to a patient by:

 

  • Hospitals
  • A Physician’s Practice
  • A Licensed Physician
  • Nursing Home Facilities
  • Intensive Care Clinics or Facilities
  • Any individual, authority, firm, or corporation operating as such an entity

 

This medical lien “attaches” when the hospital or the medical provider starts a patient’s treatment and can be filed 75 days after the patient is discharged or 90 days after the patient seeks medical care.

 

Why is a Hospital Lien a Problem For Victims?

Yes, hospitals deserve to get paid for the care they provide. However, these medical care facilities also should provide these services for a reasonable amount. This is where the problem lies. Hospitals usually list prices for every single supply or service that they offer in their chargemaster. Generally, these rates are incredibly high. But most hospitals do not collect these rates, as they give health insurance companies much lower prices. That is why when an individual with insurance is treated at a hospital, the facility does not collect as much money as one might expect.

 

For these reasons, when a lawsuit is involved, the hospital takes it as an opportunity to make up for the funds they have lost out on, and they file a lien for the high chargemaster rates. Even if a victim has health insurance, the hospital may not bill this insurance. Rather, they will file a lien to go after the lawsuit or settlement compensation. Worse yet, hospitals often get away with this practice because patients do not know they can challenge them.

 

Attack The Lien

Whether you endured debilitating injuries in a catastrophic accident, suffered life-long harm in a car accident, or now have permanent damage because of a traumatic brain injury, you need funds to help you get through this challenging time in your life. Do not let this money slip away because the hospital has filed an unreasonable lien. Instead, let an experienced personal injury attorney attack these unfair lien practices.

 

  • Verify Enforceability: When you work with a knowledgeable personal injury attorney, these lawyers know the tricks hospitals play and how they try to get more money from you than they should. That is why one of the first things your lawyer can do is inspect their lien. If a hospital does not strictly comply with the statutory law when they filed their lien, your attorney can attack to strike it down because adherence to the statute is required for the hospital to have an enforceable lien.
  • Reasonable Charges: Your lawyer can also check whether your hospital bill is reasonable. Everyone knows that if an uninsured patient is treated in a hospital or emergency room, they will be left with a hospital bill that is incredibly inflated. That is why your attorney can quickly verify if the services you were charged for are reasonable. They will examine if you were charged for diagnostic testing or actual triage treatment, and whether the services you were charged for match your injuries. If they do not, your attorney can fight these outrageous charges.
  • Negotiations:It is also possible to have your lawyer contact the lien holder and try to negotiate a compromise agreement. Meaning that your lawyer can try to get the lien holder to agree to resolve the lien issue for less than the full amount that was requested.

Dealing with Hospital Liens

If you or a loved one has been injured in an accident, you should be able to get the medical care you need without agonizing about how you will pay for your medical bills. More importantly, you should get charged a fair price for the services you receive and not worry these prices will be inflated because the hospital wants to receive more money from a lawsuit. Luckily, you do not have to go through this stressful ordeal on your own. With the help of an experienced Woodstock Georgia personal injury attorney, you can get the help you need. These lawyers are well-versed in these hospital lien practices and can help verify that the medical bills you received are reasonable, and if a lien is filed, that it strictly complies with Georgia’s statutes.

 

 

 

 

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