Category: Personal Injury Lawyer

  • Marta Bus Crash Kill’s Pedestrian

    Marta Bus Crash Kill’s Pedestrian

    [vc_row fullwidth=”true” css=”.vc_custom_1488988860505{background-image: url(https://www.koesterlegal.com/wp-content/uploads/2015/03/sex-crimes-lawyer-woodstock-ga.jpg?id=6471) !important;}”][vc_column][mk_padding_divider size=”70″][mk_fancy_title tag_name=”h1″ color=”#ffffff” size=”20″ force_font_size=”true” size_smallscreen=”16″ size_tablet=”16″ size_phone=”16″ font_weight=”bold” margin_bottom=”0″ font_family=”Libre+Baskerville” font_type=”google” align=”center”]Marta Bus Crash[/mk_fancy_title][mk_padding_divider size=”60″][/vc_column][/vc_row][mk_page_section][vc_column width=”2/3″][mk_padding_divider size=”60″][vc_single_image image=”7023″ img_size=”full” alignment=”center”][vc_column_text css=”.vc_custom_1644247704442{margin-bottom: 0px !important;}”]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.[/vc_column_text][/vc_column][vc_column width=”1/3″ css=”.vc_custom_1488984969615{background-color: #29639e !important;}”][mk_padding_divider size=”60″][mk_fancy_title color=”#ffffff” size=”24″ font_weight=”bold” font_family=”Roboto” font_type=”google” align=”center”]

     GET LEGAL HELP NOW

    [/mk_fancy_title][vc_column_text align=”center”]

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

    [/vc_column_text][mk_contact_form style=”modern” skin=”light” button_text=”Free Case Evaluation” email=”koester.kyle@gmail.com” phone=”true”][/vc_column][/mk_page_section]

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

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

    [vc_row fullwidth=”true” css=”.vc_custom_1488988860505{background-image: url(https://www.koesterlegal.com/wp-content/uploads/2015/03/sex-crimes-lawyer-woodstock-ga.jpg?id=6471) !important;}”][vc_column][mk_padding_divider size=”70″][mk_fancy_title tag_name=”h1″ color=”#ffffff” size=”20″ force_font_size=”true” size_smallscreen=”16″ size_tablet=”16″ size_phone=”16″ font_weight=”bold” margin_bottom=”0″ font_family=”Libre+Baskerville” font_type=”google” align=”center”]

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

    [/mk_fancy_title][mk_padding_divider size=”60″][/vc_column][/vc_row][mk_page_section][vc_column width=”2/3″][mk_padding_divider size=”60″][vc_single_image image=”7438″ img_size=”full”][vc_column_text css=”.vc_custom_1644247799052{margin-bottom: 0px !important;}”]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![/vc_column_text][/vc_column][vc_column width=”1/3″ css=”.vc_custom_1488984969615{background-color: #29639e !important;}”][mk_padding_divider size=”60″][mk_fancy_title color=”#ffffff” size=”24″ font_weight=”bold” font_family=”Roboto” font_type=”google” align=”center”]

     GET LEGAL HELP NOW

    [/mk_fancy_title][vc_column_text align=”center”]

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

    [/vc_column_text][mk_contact_form style=”modern” skin=”light” button_text=”Free Case Evaluation” email=”koester.kyle@gmail.com” phone=”true”][/vc_column][/mk_page_section]

  • 6 Common Causes of Truck Accidents

    6 Common Causes of Truck Accidents

    [vc_row fullwidth=”true” css=”.vc_custom_1488988860505{background-image: url(https://www.koesterlegal.com/wp-content/uploads/2015/03/sex-crimes-lawyer-woodstock-ga.jpg?id=6471) !important;}”][vc_column][mk_padding_divider size=”70″][mk_fancy_title tag_name=”h1″ color=”#ffffff” size=”20″ force_font_size=”true” size_smallscreen=”16″ size_tablet=”16″ size_phone=”16″ font_weight=”bold” margin_bottom=”0″ font_family=”Libre+Baskerville” font_type=”google” align=”center”]6 Most Common Causes of Truck Accidents[/mk_fancy_title][mk_padding_divider size=”60″][/vc_column][/vc_row][mk_page_section][vc_column width=”2/3″][mk_padding_divider size=”60″][vc_single_image image=”7441″ img_size=”full”][vc_column_text css=”.vc_custom_1661277300313{margin-bottom: 0px !important;}”]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.[/vc_column_text][/vc_column][vc_column width=”1/3″ css=”.vc_custom_1488984969615{background-color: #29639e !important;}”][mk_padding_divider size=”60″][mk_fancy_title color=”#ffffff” size=”24″ font_weight=”bold” font_family=”Roboto” font_type=”google” align=”center”]

     GET LEGAL HELP NOW

    [/mk_fancy_title][vc_column_text align=”center”]

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

    [/vc_column_text][mk_contact_form style=”modern” skin=”light” button_text=”Free Case Evaluation” email=”koester.kyle@gmail.com” phone=”true”][/vc_column][/mk_page_section]

  • WHAT IS A SIDE IMPACT COLLISION?

    WHAT IS A SIDE IMPACT COLLISION?

    [vc_row fullwidth=”true” css=”.vc_custom_1488988860505{background-image: url(https://www.koesterlegal.com/wp-content/uploads/2015/03/sex-crimes-lawyer-woodstock-ga.jpg?id=6471) !important;}”][vc_column][mk_padding_divider size=”70″][mk_fancy_title color=”#ffffff” size=”24″ font_weight=”bold” margin_bottom=”0″ font_family=”Libre+Baskerville” font_type=”google” align=”center”]

    WHAT IS A SIDE IMPACT COLLISION?

    [/mk_fancy_title][mk_padding_divider size=”60″][/vc_column][/vc_row][mk_page_section][vc_column width=”2/3″][mk_padding_divider size=”60″][vc_column_text css=”.vc_custom_1644248517526{margin-bottom: 0px !important;}”]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.[/vc_column_text][/vc_column][vc_column width=”1/3″ css=”.vc_custom_1488984969615{background-color: #29639e !important;}”][mk_padding_divider size=”60″][mk_fancy_title color=”#ffffff” size=”24″ font_weight=”bold” font_family=”Roboto” font_type=”google” align=”center”]

     GET LEGAL HELP NOW

    [/mk_fancy_title][vc_column_text align=”center”]

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

    [/vc_column_text][mk_contact_form style=”modern” skin=”light” button_text=”Free Case Evaluation” email=”koester.kyle@gmail.com” phone=”true”][/vc_column][/mk_page_section]

  • BEST GROUPS AND SERVICES FOR CIVIL SEXUAL ASSAULT SURVIVORS

    BEST GROUPS AND SERVICES FOR CIVIL SEXUAL ASSAULT SURVIVORS

    [vc_row fullwidth=”true” css=”.vc_custom_1488988860505{background-image: url(https://www.koesterlegal.com/wp-content/uploads/2015/03/sex-crimes-lawyer-woodstock-ga.jpg?id=6471) !important;}”][vc_column][mk_padding_divider size=”70″][mk_fancy_title color=”#ffffff” size=”24″ font_weight=”bold” margin_bottom=”0″ font_family=”Libre+Baskerville” font_type=”google” align=”center”]

    Groups and Services For Civil Sexual Assault Survivors

    [/mk_fancy_title][mk_padding_divider size=”60″][/vc_column][/vc_row][mk_page_section][vc_column width=”2/3″][mk_padding_divider size=”60″][vc_column_text css=”.vc_custom_1644248975912{margin-bottom: 0px !important;}”]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.[/vc_column_text][/vc_column][vc_column width=”1/3″ css=”.vc_custom_1488984969615{background-color: #29639e !important;}”][mk_padding_divider size=”60″][mk_fancy_title color=”#ffffff” size=”24″ font_weight=”bold” font_family=”Roboto” font_type=”google” align=”center”]

     GET LEGAL HELP NOW

    [/mk_fancy_title][vc_column_text align=”center”]

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

    [/vc_column_text][mk_contact_form style=”modern” skin=”light” button_text=”Free Case Evaluation” email=”koester.kyle@gmail.com” phone=”true”][/vc_column][/mk_page_section]

  • Drivers and Pedestrians – Share Georgia’s Roads

    Drivers and Pedestrians – Share Georgia’s Roads

    Drivers and Pedestrians – Share Georgia’s Roads

    The weather is warming up and it’s time to dust off those running shoes. At Koester Legal, we want you to enjoy everything that the great outdoors in Georgia have to offer while being safe. Few roads in Cherokee County and the surrounding suburban areas have sidewalks. If you plan on jogging along a street or walking your children to school, there are a few safety guidelines you should follow.

    1. Tell Someone Where You are Going. Always let someone know the route you plan to take and when you will be back. 
    1. Do Not Run with Earphones. Staying alert includes being able to hear. Enjoying that perfect playlist and tuning out your daily distractions are why runners run. But don’t be so “in the zone” you can’t hear that big truck or Tesla behind you.
    1. Run Against Traffic. Don’t be afraid to go against the grain. It makes you more visible to drivers. But more importantly, it allows you a better opportunity to avoid a deadly encounter with car or truck.
    1. Wear Bright or Reflective Clothing. Wearing reflective running gear or a runner’s light makes you more visible to traffic. If you run with a light on your head, drivers may confuse you with a Martian or a miner, but at least they will see you.

    Georgia has specific laws regarding sharing the road.

    O.C.G.A. § 40-6-96 requires pedestrians to yield to all cars on the road. Careless drivers beware! This law does not give drivers the automatic right way. However, if there is a sidewalk, you must use it. If there is no sidewalk available, you should walk or run on the shoulder of the road as far away from cars as possible. If there isn’t a shoulder, you should walk or run on the outside edge of the road. Use your best judgment and recognize that drivers don’t often seen pedestrians until its too late.

    O.C.G.A. § 40-6-93 requires drivers in Georgia to exercise due care. The law goes on to state that “every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, shall give warning by sounding his horn when necessary, and shall exercise proper precautions upon observing any child or any obviously confused, incapacitated, or intoxicated person.”

    Folks often ask, “what does due care mean?Due care refers to the level of judgment, care, prudence, purpose, or mindfulness that a person would reasonably be expected to use under similar circumstances. For example, if you are driving near a school, park, or intersection, the level of judgment, care, and prudence that a driver would reasonably be expected to use would be different than out on a rural highway.

    As it relates to Georgia Drivers sharing the road with pedestrians such as kids walking to school and joggers, due care refers to the effort made by an ordinarily prudent or reasonable person to avoid harm to another, taking the circumstances into account. In other words, drivers are responsible for exercising caution and sharing the road with everyone, not just other cars.

    Drivers should use their car horn to give a warning, and of course, drive with your headlights on. Again, drivers are required to use precaution if they see a child or a person who appears to be incapacitated, intoxicated, or otherwise confused along a road.

    Pedestrians should also use crosswalks to cross the road whenever possible. If you are in a crosswalk, Georgia law requires approaching cars to stop for you and allow you to cross safely. Of course, before crossing the road you should always stop and check for oncoming traffic. If you have already entered the road under safe conditions and are in the process of crossing, then vehicles must yield to you.

    Pedestrian laws in the state of Georgia place responsibility on the pedestrian and the driver to avoid a collision. Both parties are required to use precaution.

    Drivers must maintain a safe distance from pedestrians. Due care also means not driving while distracted by a cell phone or GPS device. We are all aware of recent tragedies involving texting while driving. But equally distracting is attempting to use “google maps” or GPS navigation equipment. –Remember “Be Late, Don’t Navigate.”

    If you have been in a crash or hit by a careless driver, call us today. 770-744-5250.

    [elementor-template id=”7280″]

  • Georgia Supreme Court Drastically Changes DUI Law

    Georgia Supreme Court Drastically Changes DUI Law

    Georgia Supreme Court Drastically Changes DUI Law

    Georgia Supreme Court

    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.

    [elementor-template id=”7280″]

  • Georgia’s New Hands-Free Law

    Georgia’s New Hands-Free Law

    Georgia’s New Hands Free Law

    Georgia Hands Free Law

    If you live in Georgia, chances are that you’ve heard of the new “hands-free” law about to go into effect. According to the National Highway Traffic Safety Administration, distracted driving was the cause of nearly 400,000 injury accidents in 2015. In 2016, its estimated that distracted driving was the cause of 3,450 fatal accidents. Nearly all auto accidents in Georgia are the result of one or more drivers not paying attention. The purpose of this new law is to reduce the number of crashes, injuries, and fatalities on Georgia roads. There’s been lots of misinformation floating around the internet and social media regarding this law. In order to make sure that you stay on the right side of the law, we’ve broken the new hands-free law down for you.

    Let’s start with the basics:

    The law means that you are not allowed to operate your vehicle while operating a cell phone, holding a cell phone with your hand, or supporting your cell phone with any other part of your body. Its also important to note that law enforcement can initiate a traffic stop and write a ticket for violating this law alone. In other words, they do not need to observe any other violation to enforce this law.

    What does the law include?

    Georgia’s hands-free law includes cell phones, portable telephones or text messaging devices, personal digital assistants, stand alone computers or laptops, GPS receivers, any similar portable wireless device used to send and receive data. The law does NOT include the radio, CB radios, commercial two-way radios, subscription based emergency communication devices, medical devices with a prescription, amateur radio devices, in-car navigation systems.

    What are the rules?

    A driver may NOT hold or support a wireless telecommunications device with any part of his or her body. The exceptions include earpieces, headphones, and smart watches.

    Drivers may not read, send, or receive text messages with the exception of voice-based communications that are converted to written text messages.

    GPS may only be accessed by a driver while lawfully parked The screen may be viewed, but the device can not be held or supported by any part of the driver’s body.

    Drivers may not watch videos.

    Drivers may not record videos unless using a standalone dash camera.

    Commercial drivers may not use more than one button to initiate a voice conversation.

    Commercial drivers may not reach for a wireless communication device if it causes them to no longer be seated properly in the driver seat or properly restrained by their seat belt.

    What are the exceptions?

    There are some exceptions for all drivers.

    These exceptions include reporting a traffic accident, medical emergency, fire, crime, or hazardous road condition.

    Employees or contractors of a utility service provider acting within the scope of their employment while responding to a utility emergency.

    First responders during the course of their job duties.

    If you’ve been injured by a distracted driver or for more information about Georgia’s new hands free law, call the Law Offices of Kyle E. Koester, LLC at 770-744-5250.

    [elementor-template id=”7280″]

  • Motorcycle Accidents: Motorcycle Helmet Safety

    Motorcycle Accidents: Motorcycle Helmet Safety

    Motorcycle Accidents: Motorcycle Helmet Safety

    Motorcycle Helmet Safety

    Motorcycle riding and motorcycle racing are activities that provide excitement and joy to riders all over the United States and the rest of the world. Motorcycle riding is particularly popular in Georgia, where temperatures are temperate enough to ride motorcycles nearly all year long. While motorcycle riding is a popular, enjoyable activity, it can also be dangerous as motorcycle accidents can occur.

    The most effective measure against motorcycle related fatalities is wearing a helmet. According to the National Highway Traffic Safety Administration (NHTSA), helmets saved approximately 1600 lives in 2011, but approximately 700 more could have been saved if motorcyclists had been wearing helmets. Nearly half of all motorcycle fatalities could be prevented by wearing a helmet.

    Here are some motorcycle helmet safety tips to keep in mind when purchasing a helmet-

    Every helmet needs a DOT seal of approval. If your helmet does not have a DOT seal of approval sticker on it, it may not be of the best quality. Make sure every helmet you buy comes with a DOT seal of approval sticker for maximum effectiveness.

    Your helmet should fit snugly. If you can easily lift your helmet off from the back of your head, its probably not a proper fit. You should be able to feel padding at the front and top of your head at minimum. A full face or open face helmet will give you additional padding on the cheeks and chin.
    Helmets come in three styles- full coverage, open face, and shorty. A full coverage helmet will give you maximum protection.

    Motorcycle accidents injure and kill many people each year. By following the aforementioned motorcycle helmet safety tips, hopefully you can prevent future injuries or deaths. If you or a loved one has been in a motorcycle related accident, contact Woodstock personal injury lawyer Kyle Koester today at (770) 744-5250.

    [elementor-template id=”7280″]

  • Driver Fatigue: Lessons From A Personal Injury Attorney

    Driver Fatigue: Lessons From A Personal Injury Attorney

    Driver fatigue is a serious problem that is becoming bigger by the day. There are thousands of accidents every year, and the fast paced, technological world we live in today is certainly not helping to lower the accident rate in our country. Sleep deprivation is becoming increasingly more common among people of all ages. According to the National Sleep Foundation, the National Highway Traffic Safety Administration estimates that 100,000+ police reported crashes are the result of driver fatigue.  These crashes result in approximately 1,550 deaths each year. That’s 1,550 lives that could be saved by getting more rest or not driving when drowsy! Unfortunately, there is no test (like a breathalyzer) to determine if a driver is too sleepy to drive.

    The National Sleep Foundation also reminds us of the high personal and economic costs that are risked by driving while fatigued. If you cause a car accident due to driver fatigue you can face jail time as well as steep fines and high automobile insurance costs. Multi-million dollar settlements have been won by families of crash victims against the at fault driver.

    As a personal injury attorney, I am all too familiar with the results of crashes due to driver fatigue. Here are some tips that you can follow in order to avoid being a fatigued, at fault driver in a crash:

    • Be mindful of early morning driving. Most crashes caused by tired drivers occur between 2am and 6am.
    • Be mindful of afternoon driving, too. Afternoon naps are great, but not while you’re driving! The second most popular time of day for crashes caused by tired drivers is between 2pm and 4pm.
    • Know if you’re at risk. Male drivers between the ages of 18-29, truck drivers, adults with children, and shift workers are more likely to suffer from driver fatigue. You’re also more likely to fall asleep while driving on a high speed, long, boring highway.
    • Take a nap and have a coffee. Seriously! Pulling off the road for a short nap (20 minutes or so) and having a caffeinated beverage can help keep you awake long enough for you to get where you’re going.
    • Avoid alcohol and over the counter drugs that cause drowsiness. This should go without saying, but if you know you’ve got a drive ahead of you, avoid alcohol and sleep inducing drugs.

    If you or someone you know has been the victim of a car crash, you deserve compensation. Call me today for your free consultation at (770) 744-5250. I’ll gather all the facts and evidence in your case to make sure that you are fairly compensated for any loss suffered.

    [elementor-template id=”7280″]