Category: Georgia Law

COVID-19 Claim Delays: What to Expect

COVID-19 Claim Delays: What to Expect

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. 

GET LEGAL HELP NOW

FOR A FREE CONSULTATION CALL
770-744-5250
OR FILL OUT THE FORM BELOW.

The Importance of Seeing a Doctor Immediately After an Accident

Home » Georgia Law » Page 9

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. 

GET LEGAL HELP NOW

FOR A FREE CONSULTATION CALL
770-744-5250
OR FILL OUT THE FORM BELOW.

Marta Bus Crash Kill’s Pedestrian

Marta Bus Crash

Riders on a MARTA bus had a scary experience Monday evening around 10 pm. The incident happened at the intersection of Garden Walk Boulevard and Highway 85 in Clayton County.

A passenger reported seeing a flash of a guy and then a smashed bus windshield on the right side. After the bus stopped, several passengers got off to look for the man who was hit. One passenger reported seeing a wallet and then hearing another girl crying who had found the man.

Police reported that the man did succumb to his injuries. Passengers on the MARTA bus reported that the driver was not speeding at the time of the incident. No other injuries were sustained in the accident. The bus driver was reportedly devastated, but all passengers maintained it was not his fault. Law enforcement officials have yet to say if the man ran out in front of the bus or if the driver will face any charges.

The original article can be found here.

If you’ve been involved in any kind of motor vehicle accident in the metro Atlanta area and are looking for an accident attorney, call The Law Offices of Kyle Koester today at (770) 744-5250.

GET LEGAL HELP NOW

FOR A FREE CONSULTATION CALL
770-744-5250
OR FILL OUT THE FORM BELOW.

News

Winter Driving: Tips For Staying Safe in Wet and Icy Conditions

Winter Driving: Tips For Staying Safe in Wet and Icy Conditions

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!

GET LEGAL HELP NOW

FOR A FREE CONSULTATION CALL
770-744-5250
OR FILL OUT THE FORM BELOW.

6 Common Causes of Truck Accidents

6 Most Common Causes of Truck Accidents

According to the National Highway Traffic Safety Administration (NHTSA) National Center for Statistics and Analysis report issued for the year ending 2018, there were more than 500 fatal roadway accidents involving semi-trucks in the United States. The report does not provide data on truck accidents involving injury, but further research indicates approximately 17,000 victims suffered an injury in the roughly 140,000 truck accidents recorded nationwide.

Truck drivers in Georgia and across the county must adhere to the same rules of the road as every other motor vehicle operator, but they also have other restrictions, including the number of hours they are allowed to drive before taking a break. These rules are supposed to help protect not only the truck driver, but also others with whom they share the road. That said, truck drivers are like every other driver on the road: they are humCasues of Semian, and prone to making the same mistakes we all do. However, when an accident occurs involving a semi-truck, the outcomes can be far more devastating.

Six of the most common causes of semi-truck accidents:

Distracted driving – despite warnings and laws pertaining to hands free driving which was implemented in Georgia in 2018, there is still an issue with some truck drivers. Keep in mind, these drivers are often away from family members for extended periods of time while delivering goods. Phone calls to family, text messages to loved ones, and even adjusting their radio station in remote areas mean they are not watching the road — a fraction of a second is all it takes to lose control of a truck, or be unable to stop in an urgent situation.
Driver fatigue – we have all had times when we are driving home from work and find we are groggy or sleepy. Truck drivers often drive for hours on end and in some cases, they get very little time to take a rest between stops. Even when a driver follows the rules set down by the Federal Motor Carrier Safety Administration (FMCSA) they may still suffer ongoing fatigue. Drivers who ignore these regulations pose a serious danger to everyone on the road.
Lack of proper training – while truckers must undergo rigorous training, one thing that has become increasingly clear is there are a shortage of trained drivers. Sadly, this does not always mean a trucking company remains unwilling to hire unsuitable drivers, putting others on the road at risk.
Poor vehicle maintenance – one of the most important parts of owning any motor vehicle is maintenance. When the lives of others depend on your vehicle being properly maintained, semi-trucks should be the best maintained vehicles on the road. This is not always the case however, for a couple of reasons. If a truck is down for maintenance, it is not being used to make deliveries, which costs the company money. Trucking companies who are working on tight budgets may also be tempted to skimp on proper maintenance, which puts everyone on roadways at risk.
Alcohol and drugs – drivers who are under the influence of drugs or alcohol pose a unique danger on the roadway. Substances slow reaction times. and because of the size of a semi-truck, a driver who is under the influence of any substance can cause an accident. Prescription drugs and over the counter medications can also impact a driver’s reaction time. Truck drivers who abuse prescription drugs such as Adderall or over the counter medications to stay awake can be subject to additional charges should they be involved in a crash.
Speed related accidents – it sounds like a cliché to say that speed kills, but it is a fact. Since truckers need more time to stop than a car, semi-truck operators must be aware of speed limits, sensible driving speeds due to bad weather, and the speed of other vehicles on the roadway. Semi-truck operators who are traveling at unsafe speeds put everyone on the road in jeopardy.

Consequences of Semi-Truck Accidents

Car accidents can be disastrous for everyone involved. Thousands of people annually lose their lives in crashes involving other cars, and thousands more are injured in car accidents. However, when an accident involves a car and a semi-truck, the outcomes can be devastating. Remember, a fully loaded truck can weigh as much as 80,000 pounds, while the average car weighs a mere 6,000. Passengers and drivers in cars are more likely to suffer serious injuries when the other vehicle in a crash is a semi-truck.

The force of a truck hitting a car from the rear often results in traumatic brain injuries to drivers and passengers in a car. This is because the jolt can create enough force to push your head back and forth at least once, and in some cases, multiple times, particularly if you hit another vehicle or an obstacle.

Some victims, despite the fact they are using the proper restraints, may strike their head on the steering wheel or windshield, which will cause further injury to the head. Victims often are forced to live with the consequences of a traumatic brain injury following a truck accident. These injuries can impact their ability to think clearly, prevent them from returning to work, and require them to seek long-term medical care.

A Woodstock GA Truck Accident Attorney Can Help

When you are involved in a semi-truck accident in Woodstock, Georgia, Cherokee County, or the surrounding areas, you may not know where to turn for help if you have been injured. Your health and recovery from your injuries should be your first concern. Once you have sought the proper medical attention, you should seek the assistance of an attorney with experience handling semi-truck accidents. In fact, you should speak with a lawyer before you speak with an insurance adjuster, to make sure they do not try to trick you into admitting you were entirely, or partially, at fault for the accident.

Remember, truck crashes are complicated because in addition to the driver’s liability, there may be other parties who are partially responsible, including the trucking company. If you or someone you know has been involved in a trucking accident, an experienced Georgia truck accident lawyer can evaluate your case and help you form an effective plan for moving forward.

When a Georgia based truck rig or other commercial vehicle is involved in a crash, Georgia law allows the injured party to go directly after the insurance company insures the truck. There several other law specific issues related to crashes with tractor trailers unique to Georgia. Don’t let a big insurance company or corporate owned truck deter you from full compensation for your injuries. Contact an experienced Georgia truck wreck lawyer at Koester Legal if you have any questions.

GET LEGAL HELP NOW

FOR A FREE CONSULTATION CALL
770-744-5250
OR FILL OUT THE FORM BELOW.

Semi-Truck Accidents Truck Accidents

WHAT IS A SIDE IMPACT COLLISION?

WHAT IS A SIDE IMPACT COLLISION?

According to the Georgia Governor’s Office of Highway Safety, Cherokee County sees about 5,000 traffic accidents per year. Of these, roughly one in five will result in injuries. While side impact collisions are certainly not the most common type of crash to have in Cherokee County or elsewhere, they are one of the more common types of accidents to occur at an intersection; and, they are one of the most dangerous types to have. Read on for more information about side impact collisions. If you have been injured in this type of accident, an experienced car accident attorney can help you understand your legal options.

What Is a Side Impact Collision?

A side impact collision — also known as a T-bone or broadside crash — occurs when the front of one vehicle collides with the side of another vehicle. According to the Insurance Institute for Highway Safety, nearly a quarter of all passenger vehicle fatalities are a result of this type of accident. The reason that broadside collisions are so dangerous is because there is very little protection between the occupant sitting on the side of the vehicle that is struck and the striking vehicle, relative to the crumple protection and bumper zones offered in both rear-end and frontal impact crashes.

What Causes This Type of Accident?

Side impact collisions most often occur due to one driver’s failure to yield the right-of-way to another. Failure to yield accounts for more than 3,500 fatal accidents in the U.S. each year. These accidents generally occur in intersections, where one driver has failed to stop for a red light or a stop sign. Other places where a broadside collision can happen include:

Parking lots
Where a driveway pulls out onto a roadway
Areas where a driver is making a legal or illegal U-turn

While most side impact collisions are the result of failure to yield, there are some examples of this type of accident occurring for other reasons, such as when a driver loses control of his or her vehicle and it travels perpendicular into a travel lane and is struck by another vehicle traveling in that lane. Often, this is the result of a previous accident or a driver losing control while swerving to avoid a collision.

A number of behaviors may result in a driver failing to yield the right-of-way, such as:

Distracted driving. Failing to pay attention to a changing light or rolling through a stop sign while distracted by something else occurring inside or outside of the vehicle.
Alcohol impairment. Alcohol impairment impacts one’s concentration as well as his or her ability to brake effectively.
Aggressive driving. Aggressive driving behaviors are often exhibited by those who are running late. Some of these behaviors include tailgating, running red lights, and speeding.
Vehicle defect. Defective or malfunctioning brakes may result in a driver being unable to yield at the intersection.
Ignorance of traffic laws. Many individuals are unclear or unaware of the yield laws at stop signs.
Turning onto a road or making a U-turn when there is not an ample gap in traffic in which to do so.

Who Is at Fault in a Side Impact Collision?

Generally, the individual who failed to yield the right-of-way is at fault for a side impact collision. This can be either the driver whose car was impacted on the side, or the driver whose car caused the side impact, depending on the details of the case. In broadside accidents that did not involve failure to yield, liability depends on who caused the accident that resulted in the vehicle traveling perpendicular in the lane.

What Types of Injuries Does a Side Impact Collision Cause?

As stated above, broadside collisions are among the most dangerous types of collisions, particularly for the occupants sitting on the side of the vehicle that was struck. This is especially true when the accident involves two vehicles of vastly different sizes or types. For example, the injuries suffered to occupants of two passenger cars will generally be less severe than the occupants of a passenger car that was struck broadside by a semi-truck. Some of the injuries that are associated with side impact collisions include:

Head injuries. Head injuries in side impact collisions are often a result of the passenger’s head making contact with the window or simply being jolted violently back and forth from the impact of the crash. Head injuries are one of the main causes of death in car accidents. Those who survive may be left with permanent brain damage that can impair their ability to communicate, reason, walk properly, see, hear, or control their emotions.
Spinal cord injuries. Like head injuries, spinal cord injuries occurring in a side impact collision may be caused by the violent back and forth motion of the body due to the accident’s force. They may also result in permanent, life-altering damage, such as loss of sensation and function — also called paralysis. Paralysis occurs beneath the part of the cord that was damaged, meaning that the higher up on the spine the injury occurs, the more parts of the body are affected.
Broken bones. Due to the relatively low amount of protection provided by door panels, it is not unusual for an occupant’s bones to be broken in the crash, including hip, arms, legs, pelvis, and ribs.
Back injuries. In addition to spinal cord injuries, individuals who are in side impact collisions may also suffer injuries to the spinal discs, vertebrae, or the soft tissues located in the back. While some of these injuries may heal within days or weeks, others may require surgery and result in complications such as chronic pain in the injured area.

Have You Been Injured in a Side Impact Collision?

If you’ve been injured in a side impact collision in Woodstock or other parts of Cherokee County that was caused by the negligence or recklessness of someone else, recovering from your injuries should be your primary concern. When you are able, consider speaking with an experienced car accident attorney; an attorney can serve as an advocate throughout your recovery, and ensure your best chance at securing the compensation you deserve for your injuries.

GET LEGAL HELP NOW

FOR A FREE CONSULTATION CALL
770-744-5250
OR FILL OUT THE FORM BELOW.

motorcycle safety awareness motorcycle safety awareness month nhtsa

BEST GROUPS AND SERVICES FOR CIVIL SEXUAL ASSAULT SURVIVORS

Groups and Services For Civil Sexual Assault Survivors

Survivors of sexual assault in Georgia face daily challenges in confronting the trauma they have endured. According to the anti-sexual violence organization RAINN, survivors frequently struggle with depression, substance abuse, self-harming thoughts and behaviors, eating disorders, sleep disruptions, and health complications, as a result of their assault.

Help for these and other challenges associated with surviving sexual assault is available in Georgia. Below we have compiled a list of resources for survivors of sexual assault in Georgia. If you have questions about your legal rights as a survivor of sexual assault, contact an experienced attorney today.

RAINN and The National Sexual Assault Telephone Hotline: 800.656.HOPE (4673)

RAINN, a national anti-sexual violence organization, operates a 24/7/365 confidential hotline as a resource for those affected by sexual assault. The hotline automatically connects callers with a trained professional in their local area who can offer confidential support, direct the caller to a local health facility trained in caring for survivors of sexual assault, help the caller talk through what happened and answer basic questions about medical considers, and provide referrals for long-term support in the caller’s area. RAINN counsels survivors of sexual assault that connecting with a trained professional who can provide guidance and answer questions is perhaps the most helpful action a survivor can take when confronting the trauma of an assault.

Not only does RAINN operate a hotline, it also hosts a website (linked above) that provides invaluable information for sexual assault survivors, from contact information for advocates to tips on navigating day-to-day life after a sexual assault. As a supplement to speaking with a trained professional via the hotline or at one of the resources below, survivors can find important information on RAINN’s website to help them navigate the issues and challenges they face.

Local Rape Crisis Centers

A rape crisis center is an organization that provides essential services to survivors of sexual assault. Many of the services a rape crisis center provides address the needs of survivors in the immediate aftermath of sexual violence. These services may include providing a hotline to report sexual assault or to seek help; accompanying survivors to forensic examinations and advocating for them in that process; connecting survivors with resources; and providing mental health counseling specific to survivors. Click here to see a list of rape crisis centers throughout Georgia, with contact information, compiled by the Georgia Network to End Sexual Assault. Here is a similar list compiled by the Georgia Criminal Justice Coordinating Council.

Sexual Assault Survivor Support Groups

Sexual assault survivors may find support, understanding, and strength in meeting with others like them who have also survived sexual violence. Many of the rape crisis centers above facilitate support groups, which are usually presided-over by a trained professional. Psychotherapists, health care providers, and churches also frequently organize and manage such groups. To find a support group near you, contact a local rape crisis center or ask your doctor.

Campus Health Sexual Assault Crisis Centers

College students in Georgia represent a population particularly vulnerable to sexual assault. Many Georgia colleges and universities operate their own on-campus rape crisis centers focusing on sexual assault prevention, support, and advocacy for members of the campus community. These rape crisis centers typically operate as an extension of on-campus student health services.

Individual Therapy & Counseling

One-on-one therapy with a mental health professional trained in supporting sexual assault survivors can help those survivors process and deal with the day-to-day and longer-term challenges they face. Therapists provide a safe, caring environment for survivors. This article from RAINN provides useful information and links to directors for locating a therapist who has the experience, training, and therapeutic approach to suit a particular survivor’s needs.

Civil Sexual Assault Attorneys

Many survivors of sexual assault have rights to seek compensation for the injuries inflicted on them by sexual violence. An attorney experienced in representing sexual assault survivors can evaluate their rights to compensation and develop a legal strategy for them to pursue justice and accountability through the Georgia legal system. Survivors may have the ability to seek compensation for sexual assault-related injuries and harm from:

Perpetrators of sexual assault;
Individuals or organizations that facilitated, enabled, or fostered conditions that promoted sexual assault;
The Georgia Crime Victims Compensation Program, which provides up to $25,000 in benefits to sexual assault survivors in certain circumstances; and
If applicable, workers’ compensation insurance.

Georgia law permits survivors of sexual assault to seek compensation both for assault that occurred in childhood and adulthood. Survivors of childhood sexual assault have until the later of their 23rd birthday, or two years from the date when the survivor knew or had reason to know of such abuse and that such abuse resulted in injury to the survivor as established by competent medical or psychological evidence. Speaking with an experienced attorney is the best way for survivors to determine their eligibility for compensation and the best way to pursue it to suit their needs.

Civil sexual assault attorneys can also help survivors navigate the at-times complicated and overwhelming process of participating in a criminal prosecution of a perpetrator of sexual assault. Not all survivors choose to participate in prosecutions, however. Also, sometimes a district attorney will determine that a prosecution is not feasible for one reason or another. It is important for sexual assault survivors to understand that they may have rights to seek compensation through the civil legal process even if a prosecutor has declined to pursue criminal charges against a perpetrator.

Sexual assault survivors face trauma unimaginable to those who have not experienced it. They need not face that trauma alone, however. The resources above can help survivors confront the physical, emotional, and practical challenges of life after sexual violence. If you have suffered harm in a sexual assault, and have questions about your legal rights to seek compensation from a perpetrator or enabler of the assault, an experienced Georgia civil sexual assault lawyer can help you understand your options.

GET LEGAL HELP NOW

FOR A FREE CONSULTATION CALL
770-744-5250
OR FILL OUT THE FORM BELOW.

motorcycle safety awareness motorcycle safety awareness month nhtsa

Five Tips for Motorcyclists to Stay Safe on I-575/I-75

Five Tips for Motorcyclists to Stay Safe on I-575/I-75

While motorcycles can be fun and exhilarating, they are also dangerous. When a motorcycle is involved in an accident, a fatality is six times more likely than in a car crash. In fact, Georgia has been noted as one of the states with the highest number of motorcyclists killed in accidents.

The I-575 and I-75 highways are major thoroughfares in Georgia, including through Cherokee County. Unfortunately, they are also common scenes for motorcycle accidents. Read on for some important tips on staying safe on your motorcycle on these highways.

1. Wear Proper Protection

Motorcycle riders are much more susceptible to injury without the protection of the sturdy frame, seatbelts, and airbags that protect drivers of passenger vehicles. Given this, motorcyclists need to be sure to wear proper protection to have the best chances of surviving a crash. Georgia law requires that any person operating a motorcycle wear a helmet. Eye protection is also required if the motorcycle doesn’t have a windshield or windscreen.

In addition to this required protective wear, make sure your arms and legs are covered, preferably with clothing made of leather or heavy denim. You should also make sure to wear boots or shoes that cover your ankles. Consider clothing in bright colors or with reflective material to help make you visible to other drivers. Increasing your visibility will help reduce the risk associated with the smaller footprint of the motorcycle.

2. Avoid Drugs and Alcohol

This tip might seem to go without saying, but it is worth a reminder. Consuming alcohol in an amount that exceeds the legal limit or taking illegal drugs are obvious issues for any person operating a motor vehicle. If you plan on taking your motorcycle out, you should consider avoiding any alcohol consumption and also pay attention to potential side effects associated with prescription medication. To safely ride a motorcycle, the driver needs to have full grasp on all their faculties in order to appropriately balance, control the throttle, and shift gears. They must also be alert and able to react quickly. Any consumption of alcohol or certain medications will reduce your ability to focus on the road and stay safe.

3. Prioritize Education

Even if you wear protection and avoid alcohol and drugs before a ride, you are still at a high risk for a crash if you haven’t secured the necessary education and licensing for riding a motorcycle. Approximately 1/3 of motorcyclists who are killed in crashes are not licensed, or are improperly licensed.

In Georgia, motorcycle drivers are required to secure a Class M license or instructional permit to operate a motorcycle. The state provides two paths for securing the appropriate licensing. First, you can take a Motorcycle Safety Program Course that provides professional training on handling a motorcycle and a 90-day License Test Waiver for successful completion of the course. The second option is to apply and pass a knowledge test and a skills test on the motorcycle.

While Georgia requirements have a skills component, more comprehensive training is always a good option. Many motorcyclists have not received any formal training for riding a motorcycle. It is much more common for motorcyclists to have learned to ride their bike from friends or family. Formal training arms a motorcycle driver with defensive driving techniques and the skills needed to stay safe on the road.

In addition to focused motorcycle training, make sure you are familiar with the local traffic laws.

4. Make Maintenance a Priority

While a focused and skilled driver is an important component to a safe motorcycle ride, the motorcycle must also be well maintained. You should pay special attention to the tires, brakes, and drive chain. A poorly maintained drive chain can create inconsistencies for the back wheel of the bike. Incorrect tire pressure can cause blowouts or an unpredictable grip. Malfunctioning brakes can mean the difference between life and death.

Make sure you prioritize regular maintenance for your motorcycle, and also give it a thorough once-over before you hit the road. Before any ride, consider checking:

That all lights and horns are working;
Fluid levels;
Tire pressure and tread depth;
Chain adjustment and lubrication;
Adjustment and operation of the clutch, brake levers, mirrors, gear shift, and switches; and
That all racks and storage solutions are secured and not rubbing on any functioning parts of the motorcycle.

5. Monitor the Road Conditions

Road conditions can have a significant impact on motorcycle drivers, including the quality of the road and inclement weather. Make sure you are familiar with the maintenance and quality of the areas of I-575 and I-75 you will be traversing. Advanced knowledge of any rough road patches or construction can help keep you safe.

Inclement weather makes the road more dangerous for all drivers, but especially for motorcyclists. Motorcycles are particularly susceptible to changes in road conditions, including slippery roads from rain or snow. Bad weather can reduce visibility and also affects the ability of motorcycle tires to grip the road. Rain and snow aren’t the only dangerous road conditions. Wind can easily push the motorcycle, so the driver must be able to anticipate the push and adjust their driving accordingly. If you are unsure of your ability to handle non-ideal weather conditions, consider staying off the road.

Contact an Attorney For Assistance

Even with all the tips above, you may find yourself involved in a motorcycle accident. If you have been injured in a motorcycle accident, you may have suffered from a variety of injuries, ranging from cuts and bruises to traumatic brain injury. Even if your motorcycle didn’t come into contact with another motor vehicle, you still may be able to seek recovery for your damages. A Woodstock GA Accident Attorney can help you understand what evidence may be required in order to pursue recovery for your damages.

Among the variety of stressors resulting from the accident and injuries, you are likely concerned about the financial impact of the accident. Your attorney can work with you to understand the details of your case, and to help create a strategy for success.

Get Legal Help Now!

Covid-19 in Georgia

How Our Office is Handling Covid-19

Dear Clients and Potential Clients,

On behalf of Koester Legal, I am writing to inform our community that the Supreme Court of Georgia has issued an Order Declaring a Statewide Judicial Emergency. Essentially, this Order cancels all regularly scheduled court appearances through April 13, 2020. Our Firm is closely monitoring and responding to the evolving coronavirus (COVID-19) situation as well.

Without a doubt, the well-being and safety of our clients and employees is our top priority. Koester Legal is fully equipped to serve our current clients and any potential new client during this difficult time. The vast majority of our daily workflow is cloud based which allows our employees to work remotely if needed.

What Koester Legal is doing:

• Our Woodstock Personal Injury office will remain open to see current clients and potential new clients BY APPOINTMENT ONLY.

• We are happy to conduct new client intake meetings, free consultations, and client update meetings via telephone or video conference.

• All documents that requiring signatures can be easily signed electronically via are alliance with vinesign.com.

• Under certain circumstances we can make arrangements to meet you in your home.

• We will continue to closely monitor guidance from the World Health Organization (WHO) and Centers for Disease Control and Prevention (CDC).

• Every effort is being made to contact current clients that may have a court date or deposition scheduled within the next 30 days. If think you have an upcoming court date, contact us right away at 770-744-5250 or [email protected] for further instructions.

We sincerely hope that you, your family, friends, and loved ones are safe and healthy during this time.

I firmly believe that through this adversity our community will grow stronger. Remember to always be kind, clean, and courteous in all that you do.

All the best,

Kyle E. Koester, Esq.

Get Legal Help Now!

Georgia Supreme Court Drastically Changes DUI Law

I have a lot of mixed feelings about the Georgia Supreme Court’s opinion in Elliott vs. State. Make no mistake, there is a lot to digest in this 90+ page opinion. But one this is certain, major changes to our understanding of Georgia DUI law is here.

This ruling provides protection to individuals charged with Driving Under the Influence. The Court held that the State of Georgia can no longer use a person’s refusal to take the state administered breath test against them at trial for a DUI. This ruling is based on the Court’s interpretation of the Georgia Constitution that provides more protection against self-incrimination than the Federal Constitution. However, the opinion makes clear that the ruling does not apply to civil proceedings where a DUI driver is sued for hurting someone or causing a crash.

I’ve vigorously defended good people charged with DUI. As a personal injury lawyer, I’ve helped families through the horrific aftermath that a drunk or impaired driver can cause to a person and their family.

Still, the best advice a lawyer can give you if you are concerned about alcohol and driving has not changed. Call a cab. Use Uber or Lyft. Find a sober driver. Do it for yourself. Do it for your community.

Click here to Read the GA Supreme Court’s full opinion.