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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Woodstock Car Accident Kills One and Blocks Traffic on 575 Southbound

Car Accident Lawyer Woodstock GA

575 Car Crash Kills One and Closes All Lanes in Woodstock Car Crash

Car Accident Lawyer Woodstock GA

A crash on I-575 southbound in Woodstock on Sunday, December 12, 2021, left one dead according to authorities.

While few details regarding the accident have been released, police spokesperson Brittany Page did confirm that the accident was a single vehicle accident and that the accident was fatal. The southbound lanes of I-575 in Woodstock were blocked for nearly two hours while police worked on the accident, causing massive back ups and delays.
Woodstock Police confirmed that the lanes were clear and open just south of Highway 92 at 3:40pm.

 

If you or a loved one have been injured in an accident please contact The Law Offices of Kyle E. Koester at (770) 744-5250. Our thoughts and prayers go out to the victim of this accident, as well as the victim’s family and friends.

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Marietta Car Crash Fatally Injures Pedestrian – Marietta GA

11 Car Pileup Cherokee County

Marietta Car Crash Fatally Injures Pedestrian – Marietta GA 

11 Car Pileup Cherokee County

According to the Marietta Police Department, a fatal accident involving a pedestrian occurred on October 25, 2021, at approximately 8:30 pm. The accident occurred on Cobb Parkway South near the intersection of Trade Center Parkway.

Investigators with the Marietta Police Department have said the accident involved a 70-year-old Marietta resident. The pedestrian was attempting to cross the road outside of a crosswalk and darted out into the roadway directly into the path of oncoming traffic. The pedestrian was hit by a 2010 Dodge Journey. Emergency services were requested, and the pedestrian was rushed to Wellstar Kennestone Hospital by medics. Once at the hospital, the pedestrian passed away as a result of his injuries.

As of October 26, 2021, the crash remains under investigation. Anyone who was in the area at the time and has any information regarding the crash is asked to call the Marietta Police Department’s Selective Traffic Enforcement Program (STEP) investigators at (770) 794-5344.

Everyone at Koester Legal sends their deepest sympathies and condolences to all those impacted by this tragedy.

If you or a loved one has been injured as a pedestrian in car crash please contact the Law Offices of Kyle E. Koester, LLC.

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Several Injured in a 11 Car Collision on I-575 in Cherokee County this Morning

11 Car Pileup Cherokee County

Several Injured In 11 Car Pile Up on I575 

11 Car Pileup Cherokee County

The New Interstate 575 Peach Pass is Convenient for Some, Dangerous for Others.

Early Friday morning, an 11 car pile up occurred in Cherokee County on I575 near Holly Springs causing long delays. Several injuries have been reported, but there are no known fatalities at this time.

The car accident attorneys at The Law Offices of Kyle E. Koester have already received several calls from parties injured in this accident and have opened an investigation into the incident. If you or a loved one were injured in this accident please contact our office immediately at koesterlegal.com or (770) 744-5250.

Please continue to follow our Facebook page for updates on this accident. Our thoughts are with the injured victims and their families and we wish them a full and speedy recovery.

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Five Ways to Ensure the Safety of Your Loved Ones this Fire Prevention Week

Fire Prevention Week

Five Ways to Ensure the Safety of Your Loved Ones this Fire Prevention Week 

Fire Prevention Week

Nobody wants to think about a fire destroying their home and potentially harming their family. This Fire Prevention Week, be sure that your family’s plan for a fire emergency is well practiced and known by all your family members.

 

  1. Ensure everyone in your family knows what the smoke alarm sounds like and the difference between a loud beep (indicating a fire) or a chirp (indicating that the batteries need to be changed right away). All smoke detectors need to be replaced every 10 years.}
  2. Create a home fire escape plan and practice it at least twice a year. Draw a map of the inside of your home and mark where the exits are for each room (including windows and doors).
  3. Make sure that any people with disabilities, older adults or children know the plan and how to get assistance if they need it—use the buddy system! There are special fire alarms to help people with hearing loss who cannot hear the beeping of fire alarms.
  4. Be sure to close doors behind you as you leave to delay the spread of any fire.
  5. Create a meeting place outdoors for the family to go to after leaving the home that is far enough away from your home to ensure safety (a mailbox or road sign).

 

While the colder weather lends itself to bonfires for a nice autumn evening, be sure to follow all county guidelines if hosting a bonfire. Ensure that a water-charged hose is also on hand and ready to be used to extinguish or limit the fire. Always remember to check that it is not too windy to safely have a bonfire.

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A New Georgia Law Changes the Way Drivers Must Approach Bicycles

Bicycle Accident Attorney

A New Georgia Law Changes the Way Drivers Must Approach Bicycles 

Bicycle Accident Injury Attorney Woodstock GA

Using a bicycle to get to and from work or school or as a fun way to burn off some extra calories and see the sights throughout Georgia offers many advantages. Many bike riders, however, have struggled with maintaining a high degree of safety on the roads. In many cases, bicyclists feel unsafe as drivers pass far too close to them, even when they occupy a bike lane or legally occupy a lane of traffic.

A new Georgia law aims to help increase biker safety and increase driver awareness.

The New Georgia Law

  • 40-6-56 (as of July 1, 2021) states:

(a) The operator of a motor vehicle approaching a bicycle shall approach the bicycle with due caution and shall proceed as follows: 1) Make a lane change into a lane not adjacent to the bicycle if possible in the existing road and traffic conditions; or   (2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be at least ten miles per hour less than the posted speed limit or 25 miles per hour, whichever is more, and proceed around the bicycle with at least three feet between such vehicle and the bicycle at all times.

What Does the New Law Mean For Drivers?

When it comes to passing bicycles safely, the new law means several things for Georgia drivers who must share the roads with cyclists.

Increase Awareness

Thanks to the new law, many drivers will find that they need to pay more attention to the other vehicles around them. Bicycles fit a different visual profile than motor vehicles, which may make it harder for the eye to note them as you head out on the road. However, paying careful attention to bicycles can prove critical to your ability to spot them and keep them safe.

Change Lanes if Possible

If you have the option to change lanes as you approach a bicycle and get in a lane that is not directly adjacent to the bicycle, you should do so. In some cases, however, you may not have the option to change lanes. You may, for example, not have a second lane to move into, or heavy traffic may make it impossible for you to change lanes in time, especially if you wait too long to note the bicycle around you and make the change.

Slow Down

If you note that you cannot change lanes safely, you must slow down as you approach the bicycle. The new Georgia law requires drivers to slow down to at least ten miles per hour below the posted speed on the road to pass a bicycle. If the speed limit is 25 miles per hour or less, drivers can continue at their normal rate of speed while passing the bicycle.

Leave Enough Room

Georgia law has always required drivers passing cyclists to allow at least three feet of room when passing the bicycle.  If you do not have room to move over the yellow line before a car in the opposite lane comes up to you, you may need to slow down behind the bicycle and wait until you have adequate passing room.

Sharing the road safely with cyclists has become increasingly important. Each year, bicycle riders account for about 2.2% of motor vehicle deaths. Over the past several years, Georgia has continued to pass resolutions aimed at creating a higher degree of safety for bicyclists and others on the road. Those resolutions have helped bring down cyclist deaths and injuries–and new laws like this help aid Georgia drivers in maintaining safe roads for everyone.

After a Bicycle Accident: What Should You Do?

As a cyclist, you may spend a lot of time out on the road, surrounded by cars. As vehicles whiz by you, you may feel threatened and unsafe. If one of those unsafe drivers causes an accident, you may end up with serious injuries. As a cyclist, there are several steps you can take to protect yourself following a serious accident.

1. Report the accident.

Like a car accident, a bicycle accident should always be reported to the police. Calling 911 will also summon an ambulance to the scene of the accident, if necessary.

2. Seek medical attention immediately.

Even if you think you sustained little more than bumps and bruises, or perhaps some road rash, you should always seek medical attention following any serious bicycle accident. A doctor can help evaluate and document your injuries, then help you get the care you need. Follow all instructions given to you by medical professionals to help you minimize injury and streamline your recovery as much as possible.

3. Collect evidence, if you can.

If possible, you may want to snap a few photos from the scene of the accident. Do not put yourself in danger or worsen your injuries to do so. You may want to document the driver’s license, his vehicle, and any damage to you and your bicycle.

4. Get in touch with an experienced personal injury attorney.

As soon after the accident as possible, contact a personal injury attorney to learn more about your right to compensation. An attorney can help investigate your claim, give you a better idea of the compensation you should expect, and provide you with more information about how to move forward after your accident.

At The Law Offices of Kyle E. Koester, LLC, we focus on helping our clients understand the compensation they deserve and fighting to maximize that compensation. If you suffered serious injuries in a bicycle accident, particularly due to someone breaking these new laws, contact us today.

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How Quickly After an Accident can I Get a Settlement? 

Car Accident Settlement

How Quickly After an Accident can I Get a Settlement? 

Car Accident Settlement

Hitting the road, you never expect to get hit by another car. While traffic deaths nationwide are on the decline, there are still many car accidents that lead to serious injuries, leading to victims having to alter their lives drastically.  

 If you or a loved one has suffered injuries in a car accident, you may be unsure of what comes next. You may also have serious concerns about how you pay your medical bills and get back to your regular life. 

 Many car accident victims believe their insurance company or the insurance company of the at-fault driver will help them in their time of need. The fact is that this isn’t usually the case. 

 Car Accident Injury Costs 

Most auto accident injury victims are unaware of how much money they need to recover for injuries sustained in the accident. Many people are unaware of just how expensive medical care has become today. 

 When you suffer injuries in a car accident, you may require: 

  • Multiple surgeries 
  • Extended hospital stays 
  • Time off work
  • In facility rehabilitation 
  • In home care 
  • Ongoing medical treatment 

 Each of these items greatly increases the potential expenses you face. Even minor injuries can cause tens of thousands of dollars in medical expenses. This is not a burden you should bear. 

 Someone else’s negligence caused your car accident. They should be on the hook for your medical expenses and your lost wages, if you have to spend time out of work because of your injuries. It is in your best interest to talk with an experienced car accident injury lawyer today about how you can hold the negligent party responsible for your expenses. 

 Settlement Offers May Come Fast 

Settlement offers help you move on with your life while also giving you money to cover your medical expenses. But you should meet quick settlement offers from the insurance company with caution. 

 Several days after your accident, the insurance company of the at-fault driver may contact you and offer you a settlement. You want this tragic situation to be a distant memory. Your medical expenses are mounting. The insurance company is ready to take advantage of you. 

 Their initial offer is a lowball offer intended to make you go away for as little money as possible. The insurance company does not share your goals. These companies don’t care whether you pay for your own medical expenses. They want to keep as much money as possible in their pocket. 

 Taking the quick settlement offer is often what the car accident victim does, especially in cases where a lawyer isn’t consulted first. When you sign a settlement agreement, you waive your right to bring any future claims against the insurance company for this accident. Months or years later, when the settlement funds have run dry but you still have bills related to this accident, it will be too late. 

 Negotiating the Right Settlement for You Takes Time 

When you get the first settlement offer, you may be excited. You have anticipation that this terrible life experience will soon be in the past. Unfortunately, that excitement may lead to disappointment when you see the amount of the initial offer. 

 To fully understand what you need to recover, the guidance of a skilled Woodstock Ga car accident injury attorney is invaluable. Together, you can create an accurate estimate of your future needs. You may see your medical bills piling up on the kitchen table, but the vast majority of your medical expenses may come in the future, something many accident victims do not realize. 

 Your lawyer’s relationship with medical experts can be crucial to securing you full compensation. Your lawyer can help you determine what expenses you may have ahead, including lost income from being out of work. Putting all of that together, you can see clearly just how much money you will need to recover from the negligent driver and their insurance company. Nothing is worse than having to spend your own money on medical expenses as a result of an accident that wasn’t your fault. 

 Ultimately, everyone involved is motivated to settle your case. But a lawyer’s job is to make sure the insurance company does not take advantage of you. Some accident victims fear they will not receive a large settlement if they work with a lawyer. You may even be able to recover more money by working with a lawyer; and, a lawyer can speed up the process of settling your case. 

 Through your lawyer’s investigation of your accident, they can present a clear case to the insurance company, showing just how much money it will take for you to recover. Ultimately, the amount of time it takes to settle your case depends on many factors, but most car accident injury cases settle within a few months. The more complex and serious your injuries, the higher your settlement amount may be, and the longer it takes for the settlement to finalize and for you to get your money. 

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Woman Survives After Tree Falls on Car, Piercing Windshield

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Woman Survives After Tree Falls on Car, Piercing Windshield

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Woman Survives After Tree Falls on Car, Piercing Windshield

WSB-TV reported on Sunday morning emergency crews rescued a woman trapped inside her car when a tree fell on it. The accident happened on Donald Lee Hollowell Parkway before 8a.m. The road was closed between Alta Place and South Eugenia Place as crews worked to remove the woman form her car safely. Firefighters were able to rescue the woman who sustained minor injuries and was taken to a local hospital for treatment.

Firefighters claim that the tree missed the woman’s head by a mere few inches. Video shared by Atlanta Police shows a massive tree limb plunged through the driver’s side of the car’s windshield. A man who lives in the area, Cherard Simmons, told WSBTV’s Kristen Holloway that he had walked outside right as the tree crashed down. Simmons said “The car was coming up the street and the tree fell right on her car. I heard somebody say, ‘Help! Help! and I just dialed 911.”

Simmons claimed trees fall in the area all the time and that a tree fell in the same spot three months ago. “I think they need to cut those trees down in these areas,” Simmons said. “One even hit my car right there. I got a little dent in my car.” Simmons also said that someone needs to address the issue. “In another couple weeks, if a bad storm comes through, it’s going to be the same thing.” Georgia Power and a tree service were able to clear the road safely.

Schedule a Consultation with Woodstock, GA Personal Injury Attorney Kyle Koester

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. Kyle Koester specializes in personal injuries from car accidents, truck accidents, and traumatic brain injuries (TBI). To schedule a consultation, call us at (770) 744-5250 or reach out to us online. With over 7 years of experience in the personal injury field, Kyle Koester aggressively advocates for his clients to receive the compensation they are owed for their injuries and pain and suffering.

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