100 Deadly Days of Summer

During memorial day weekend, road travel increases, meaning people are likely to get into an accident. Click here to learn more about Atlanta attorneys. 

Despite the pandemic, there were a higher number of traffic fatalities or wrongful death claims attributed to car crashes in 2020 than in 2019. This is especially alarming when you consider there was 40-50% less traffic on the road. The number one problem was speeding in the triple digits.  Also, we are finding that incidents of road rage and aggressive driving are on the rise.  Many people are dealing with insurmountable stress and frustration which leads to risking driving behavior as well.  

Atlanta attorneys know that the warm weather months are some of the deadliest on the road. This is due to the addition of vacationers and holiday traffic. On a national level, the months of May-October average more than 3,000 deaths per month. 

We are going to share with you how an auto accident attorney in Atlanta can assist you if you suffer personal injuries as the result of an accident. 

Common Atlanta Car Accidents 

With six interstate highways moving traffic through Atlanta, the capital city is a major transportation hub. When you consider that Hartsfield-Jackson Atlanta International Airport is the second busiest airport in the nation, it is easy to understand why this area is prone to car accidents. Here are the most common accidents in the Atlanta, Georgia area. 

Rear-End Collision 

This is often the result of the rear vehicle not paying attention or following too close. The driver is unable to react with sufficient time to bring their vehicle to a safe stop and it collides with the one in front of it. This type of collision often causes the driver and/or passengers of the front vehicle to sustain head and neck injuries, including whiplash.   

These accidents may also happen if the driver of a vehicle cuts in front of a semi-truck, not allowing sufficient time for the larger vehicle to stop. Truck accidents often result in death or serious injury. If there is dash-cam footage to confirm the vehicle made an unsafe move, they may be comparatively liable for the accident. 

Head-On Collision 

In this accident the front of two vehicles driving in opposite directions crash. This often happens when one of the drivers is under the influence of drugs or alcohol. Other causes include a driver going the wrong direction on a one-way street, or for some reason losing control of their vehicle and veering into the oncoming lane. 

Head-on collisions are often deadly or result in serious injury to the drivers and passengers of both vehicles. The impact of the vehicles may result in one or both drivers suffering a traumatic brain injury. 

Sideswipe Accidents 

Sideswipes often happen when two vehicles are driving down the expressway. Both cars or trucks try to move into a center lane, one from the left, one from the right. If the drivers are not alert a collision will result. 

Sideswipe accidents also happen when one vehicle is passing another and gets too close. The potential for sideswipe accidents is evident as vehicles merge onto an expressway. 

A merging car needs to adjust their speed and time their entry so they merge into traffic. If the merging driver fails to pay attention and simply moves into the traffic lane, they risk sideswiping a vehicle that is in that lane. 

Rollover Accidents 

A rollover may kill the driver and passengers of the vehicle. This type of collision occurs when a driver loses control on slippery roads or a top-heavy vehicle takes a curve too fast. It can also be the result of an impact with another vehicle, forcing a vehicle out of control, resulting in a rollover. 

Rollover injuries may be minor, catastrophic, or result in death. 

Side Impact Collision 

A side-impact collision happens when the front of one car strikes the side of another. This often occurs at intersections and is one of the most serious types of accident. A driver may run a red light or stop sign, or a car may pull out into traffic when there is not sufficient time. 

The collision often causes severe injuries to death when the impact occurs into a door where a driver or passenger is sitting. Your car accident attorney in Atlanta will investigate which vehicle is at fault in this type of collision. 

Multiple Car Collision 

Accidents of this magnitude happen due to low visibility because of weather conditions, unsafe speeds on the roadway, or tailgating. This is a more complex accident and your personal injury attorney will review all the records to determine which car was initially at fault, and each additional car’s involvement to determine liability. There may be several plaintiffs and several defendants from this type of accident. 

Single Car Accidents 

Even though there is no other automobile, passengers may suffer injuries. If the passenger’s injuries result in medical bills, loss of wages, and pain and suffering they need to consult with a personal injury attorney who specializes in vehicle accidents. If the accident is due to the driver’s negligence, passengers may file a lawsuit for compensation. 

Steps to Take After an Accident 

When an accident happens, your adrenaline is pumping and you may not recognize the seriousness of your injuries. This is because in the chaos of the moment your mind is not registering your pain. For this reason do not tell anyone, including witnesses, police, or paramedics that you are okay. 

If you suffer injuries at the accident scene, allow the paramedics to check you out and transport you for additional treatment. If you do not think you have any injuries, simply tell those who ask that you will seek medical attention on your own.  It is important when filing a lawsuit that you obtain medical attention as quickly as possible following an accident. 

If possible, take photographs of the accident scene including placement of the vehicles and their damage. Obtain the names and contact information of any witnesses. This information, along with copies of the police report, medical records, and medical bills will assist your car accident attorney when negotiating with insurance companies. 

As soon after the accident as possible contact an accident attorney. During your consultation, they will give you their legal opinion of your situation. Once hired, they will gather additional evidence and begin negotiations attempting to resolve your case outside of the court system. 

In Georgia, personal injury cases including those from car accidents must file a complaint within two (2) years of the date of the accident. Your attorney will make sure they file a lawsuit within this timeframe. If you miss this deadline you lose your ability to claim compensation due you. 

Filing a Lawsuit 

If your personal injury attorney is unable to negotiate a settlement they will file a lawsuit prior to the expiration of the state’s Statute of Limitations. Civil lawsuits are lengthy, time-consuming, and must comport with the Rules of Civil Procedure. 

1. Summons and Complaint

A summons is a form that informs the defendant they are being sued. The complaint spells out the allegations in one sentence numbered paragraphs. 

The complaint lists the elements of negligence and how the defendant’s behavior makes them liable for your injuries. The final portion of the complaint lists the prayers for relief. These include your belief that the other driver is liable and lists the compensation you are requesting. 

2. Answer and Counter Complaint

After filing the complaint, it must be served on the defendant. The defendant has 30 days to file a written response. If they believe you to be comparatively negligent for the accident, they may file a counter-complaint. 

If the defendant files a counter-complaint, your attorney will prepare an answer. Answers to complaints must be in proper format and parties must answer each numbered paragraph with either “admit as true” or “deny as untrue.” If the party denies an allegation they must state the reason for the denial. 

3. Discovery

This is an exchange of evidence and demands for documentation. These requests are made in a formal process. 

Request for Production of Documents—this may be photos, insurance declarations, medical records, or anything that pertains to the accident or injuries 

Interrogatories—these are questions presented in writing and must be answered in writing under oath 

Requests for Admission—statements one party makes about the incident or other party and they must be answered or are deemed true 

Depositions—this is verbal testimony done outside the courtroom in front of a court recorder, to gain further information that may be useful for negotiations or trial. 

Discovery generally takes longer than any other portion of a civil trial. Due to the backlog created by COVID-19 shutdowns, many personal injury cases are incurring delays in the legal system. 

4. Mediation or Case Evaluation

Mediation is a process where the parties attempt to reach a settlement by using a third-party mediator to help them negotiate a resolution. If the parties reach a settlement it becomes a court order. 

Case Evaluation is similar to mediation, except there is often a panel of attorneys. The attorneys review all information presented by the parties and issue a recommendation for settlement. If the parties agree to the recommendation of the case evaluators it goes into an order. 

If parties are unable to settle, the matter will proceed to trial. 

5. Trial Preparations and Trial

If the matter proceeds to trial your attorney in Atlanta, Georgia will prepare for trial. They will interview witnesses, prepare and file witness lists, evidence lists, and subpoena witnesses. They will prepare jury instructions and will participate in jury selection. 

On the day of trial, the attorney will present your position, question witnesses, and cross-examine the defendant’s witnesses. 

Schedule a Woodstock, GA Attorney Consultation 

If you or a loved one are suffering injuries caused by the negligence of another driver, contact the Law Offices of Kyle E. Koester, LLC. Our Atlanta attorneys specialize in personal injuries from car accidents, truck accidents, and traumatic brain injuries (TBI). 

Don’t wait until it is too late. Call us now at (770) 744-5250 to schedule a consultation. 

COVID-19 has created immense changes across the country and around the world. It has not, however, caused car crashes and severe brain injuries to stop. People have continued to suffer injuries during car accidents, motorcycle wrecks, and tractor trailer crashes.  

 What should you expect from your personal injury claim as a result of COVID-19? Talk to an attorney to get more specific information about your claim or to explore your options for compensation.  

 Personal Injury Claims Face COVID-Related Delays 

As a result of COVID-19, many things have faced delays and cancellations–and personal injury claims are no exception. Many courts across Georgia, for example, closed for months in response to pandemic concerns. Even as they slowly reopened, the procedures created to help maintain safety for as many people as possible made it difficult for personal injury claims to process smoothly and effectively.  

 Other challenges have also created delays in processing personal injury claims throughout the pandemic.  

 Fewer People in the Office 

Like the courts, many insurance companies and even law firms shut down for a period during the initial stages of the pandemic. In many cases, this led to a backlog of cases and issues to deal with once those offices did open back up. As law firms and insurance companies alike opened back up, they did so cautiously, with many employees working from home. As a result, processing claims proved more difficult than before.  

 More Difficulty Collecting Evidence 

Many things can take place virtually, including several strategies for gathering evidence related to your personal injury claim. Unfortunately, pandemic precautions and challenges have led to several types of delays and challenges in evidence collection. Hospitals, for example, have been overwhelmed in the face of pandemic needs, which means many of them have struggled to quickly turn around requests for records. Many businesses needed to focus on providing a high standard of cleanliness and safety for current customers, rather than seeking records or looking for video evidence for workers or visitors injured in the workplace.  

 As a result of these challenges, it can take longer to gather the evidence needed to put together a solid case. You may, in many cases, want to avoid submitting your claim without that evidence in place, which can further delay the processing of your claim.  

 Courts are Processing Criminal Cases Before Civil 

While the courts are back up and running, albeit with pandemic precautions in place, personal injury cases and other civil claims are not proceeding as quickly as they did prior to the pandemic. Instead, courts are prioritizing the processing of criminal cases in an effort to clear that backlog before they move on to the needs of victims who may have serious personal injury claims to contend with. While this strategy does allow the courts to move through their backlog efficiently, it is also creating a new backlog of personal injury claims that will need to be dealt with before fresh personal injury cases move up in line. 

 What this means for you is that you may have a long wait for a court date if you cannot reach an agreement with the insurance company that covers the liable party. Your attorney can provide you with more information about how long you can expect to wait for a court date and how that wait will impact your personal injury claim.  

 Insurance Companies are Issuing Lowball Offers 

Dealing with an insurance company after a severe injury can prove difficult at the best of times. Insurance companies often utilize several tactics to help decrease their financial liability following a serious accident. One of those tactics includes issuing a low initial settlement offer: an offer that reflects neither the actual value of the insurance policy that covers the liable party nor the compensation you really deserve for the serious injuries you suffered in your accident.  

 Now, insurance companies are sending out low offers, not just as part of an initial settlement package, but as negotiations continue for the compensation you deserve. Normally, insurance companies will work with you to reach a settlement agreement, especially once they realize you plan to take your quest for compensation to court if necessary. Unfortunately, with court cases getting delayed, many insurance companies are continuing to send out low offers in the hopes that desperate accident victims will accept them to get the funds they need in hand faster.  

 What Do COVID Claim Delays Mean For You? 

If you need to file a personal injury claim in the midst of COVID-19, you may face a very different experience from the one you would have had a year ago. Consider these key details as you move forward with your claim.  

 1. You should contact an attorney as soon after your accident as possible. 

If you need to file a personal injury claim, an experienced attorney can help you navigate the legal system, including the additional challenges COVID-19 has brought to the personal injury landscape. An attorney can also make sure that you fully understand the compensation you deserve and the options you have, including when you may want to accept a settlement offer.  

 2. Be prepared, BEFORE the delay. 

Personal injury claims may feel like a “hurry up and wait” process. You may go through long periods where you can only wait for what comes next. Thanks to COVID-19 related claim delays, you should prepare for a long process. That means prepare now. Hire a good attorney with experience harvesting digital evidence that can find and interview witnesses. Get recorded statements early in the investigation. Photograph everything. -The cars, the intersection. Believe it or not, these things change over time. Most importantly, get the doctor immediately. Many doctors now offer telemedicine, so you don’t have to wait in the emergency room.  

 3. Know your goals. 

Work with your attorney to assess how much compensation you deserve and when you will accept a settlement offer. Keep in mind that in many cases, waiting a little longer, continuing to negotiate, or even preparing to take your claim to court if needed can help increase the compensation you ultimately receive, which may improve your financial future.  

 

In the immediate aftermath of an auto accident, it can prove difficult to know just how badly you got hurt. Sometimes, you may think that you came out just fine. You have no obvious signs of injury, and no more than usual pain. Surely you can save yourself a trip to the emergency room, right? 

 Unfortunately, that line of thinking can lead to severe complications following any type of accident. Auto accidents are terrifying, and the mental effects of being involved in an accident may make it difficult to recognize when you have sustained injury. 

 The Role of Adrenaline After an Accident 

Many accidents result in an influx of adrenaline and other hormones throughout your body. In the immediate aftermath of an auto accident, you may feel shaky and unsteady, or brash and over-confident, depending on your usual response to adrenaline. Those hormones, however, also serve one dangerous function: they help suppress pain. 

 In the immediate aftermath of extreme trauma, this lack of pain can prove vital to your body’s survival. Failing to feel the pain of serious injuries can make it possible for you to get the help you need before the pain sets in with a vengeance.  

 Unfortunately, it also means that you may miss even serious injuries in the immediate aftermath of an accident. Slip and fall victims, for example, may stand up and walk away, only to realize later that they suffered severe back or neck injuries that should have received prompt medical attention. Worse, their symptoms may worsen over the following days, especially if they continue to ignore the need for medical attention.  

 Car accident victims may leave the scene of a car accident with traumatic brain injury, but fail to realize its severity. You may have broken bones concealed by the adrenaline coursing through your body. You may have suffered severe internal damage, including internal bruising or bleeding, but not realize the severity of your injuries until much later. The most effective means of diagnosing these injuries is visiting a doctor before more serious symptoms show up.  

 Going to the Doctor Ensures Prompt Treatment and Evaluation 

Going to the doctor to treat your injuries helps ensure that you will receive prompt, full evaluation of all your injuries and provides you with much-needed treatment. A doctor can ensure that you get the emergency surgery you need, that broken bones get set promptly, or that you have the right care instructions to help you get better quickly. 

 Failure to visit the doctor, on the other hand, could also mean failure to treat those injuries. As a result, you could lengthen your recovery or worsen the severity of your injuries, which could cause you unnecessary suffering. Many people walk around with severe injuries because they chose not to seek treatment, increasing the pain they face because they chose not to see a doctor.  

 A Doctor’s Report Provides Vital Evidence for a Personal Injury Claim 

Following many types of severe injuries in an accident, you may need to file a personal injury claim to seek compensation for financial losses related to the accident. Suppose, for example, that you suffered injuries in a car accident. As part of your accident claim, you may need to seek compensation for medical expenses and lost wages related to your injuries. Car insurance policies contain separate sections for property damage and bodily injury protection, which means that you can expect some compensation for financial losses related directly to your injuries. 

 The insurance company, however, may try to fight your claim–and failing to promptly seek medical treatment can make it more difficult for you to provide the evidence you need.  

 Suppose, for example, that you suffered traumatic brain injury during the accident, but did not go to the emergency room or urgent care immediately. Days later, you realized that the brain fog had not lifted and that you struggled to complete normal tasks or bring forward critical memories. You ended up missing months at work while recovering, in addition to suffering serious medical expenses.  

 Unfortunately, since you did not go to the doctor for several days after the accident, you may not have evidence that directly links your injuries to the accident. The insurance company may try to argue that you may have suffered those injuries at another time, which would mean that the company is not liable for paying for any of your expenses.  

 You May Inadvertently Worsen Your Injuries If You Do Not Visit the Doctor 

In many cases, accident victims who do not recognize the severity of their injuries inadvertently make them worse by failing to treat them immediately after the accident. Walking on a broken bone, for example, could cause you to worsen the break, turning it from a minor break that would heal with casting and rest to a severe injury that might require surgery to treat properly. Failure to treat internal bleeding could lead to severe injury and, in some cases, even death.  

 Not only does worsening your injuries mean more pain and a longer recovery, it could mean that you cannot receive compensation for the additional trauma you faced. If the insurance company that covers the liable party can prove that your actions made your injuries worse, you may not receive any compensation for that percentage of your injuries.  

 Virtual Visits: One Option for Medical Treatment 

In the case of severe injuries, you may need to visit the emergency room directly for treatment. Severe injuries may require direct, immediate intervention from a doctor: surgery, setting broken bones, or conducting scans and evaluations that can only be performed in a medical setting. In other cases, however, you may be able to use a virtual or telehealth visit to connect with a doctor and receive a basic evaluation of your injuries and information about how to treat them. Sometimes, a doctor can offer diagnostic information or advise you about your next steps without needing you to come in personally.  

 

Driving in severe weather can be scary and hazardous. Winter storms and dangerous road conditions contribute to nearly half a million crashes and 2,000 each winter according to research done by AAA. Even in north Georgia, drivers aren’t exempt from dangerous traveling conditions throughout the winter. If you’ve been through a Georgia winter, chances are that you’re already familiar with icy road conditions during the cold winter months. Its important for all Georgia drivers to be aware of some basic winter safety driving tips.

Check your tires at the beginning of winter. Its important for your tires to be properly inflated and have the proper amount of tread.

Stay alert and don’t use cruise control. Using cruise control can be extremely dangerous in icy road conditions.

Drive slowly. Even though you may be very familiar with the roads you’re traveling, its important to drive more slowly than normal.

Leave extra space between you and the cars in front of you. Its much more difficult for your car to come to a complete stop in wet and icy road conditions, making it more likely for you to rear end the car in front of you without proper distancing.

Don’t accelerate up hills. Accelerating up hills will only make your tires spin. If you see a hill coming up try to speed up and gain some inertia before and let your inertia carry you up the hill.

Don’t leave home if you don’t have to! Our most important tip is to stay home if you don’t absolutely have to go out on wet and icy roads.

If you have questions about a vehicle accident and would like to speak to an experienced auto accident attorney, you can call Kyle today to schedule your free consultation!