Category: Car Accidents

In order to legally operate a motor vehicle in Georgia, all motorists must have liability insurance that meets the state’s minimum requirements. However, according to data from the Insurance Information Institute (III), roughly one in seven licensed drivers in the United States do not have the proper insurance, and Georgia ranks seventh for uninsured drivers. That means that approximately 18% of motorists in Georgia do not have the proper auto insurance. If you are injured in a car wreck with an uninsured driver, the trauma of the wreck is only compounded by a growing concern over how you are going to pay for your medical expenses, property damages, and other losses associated with the wreck. A highly skilled car wreck lawyer will protect your legal rights, discuss the compensation options, and help you recover the damages to which you are entitled.

What Are the Minimum Auto Insurance Requirements in Georgia?

Georgia is an at-fault state for car accidents, so all licensed drivers are required to carry liability insurance to protect other drivers with whom they share the road. The following are the minimum insurance requirements:

• Bodily injury liability insurance of $25,000 per person and $50,000 per wreck. This covers medical expenses and other costs if you are at fault for a car accident that causes injuries to the other motorist involved in the wreck.
• Property damage liability insurance of $25,000 per accident. This pays for the cost of repairing or replacing the other person’s vehicle that was damaged in the wreck.

What Other Compensation Options Do I Have?

If your injuries are severe and require extensive and ongoing medical care, the insurance minimums may not cover the costs associated with treating your injuries, particularly if you are unable to return to work as a result of the injury and you continue to require medical treatment. However, if the driver who caused the accident is uninsured, there are other options that you may be able to explore. For example, you can file a personal injury lawsuit against the uninsured driver. Oftentimes, however, uninsured motorists do not have auto insurance because they cannot afford it. As a result, they may lack the financial resources necessary to pay a judgment.

If you purchased Uninsured/Underinsured Motorist (UM/UIM) coverage, this will protect you if the at-fault driver is uninsured or does not have enough insurance to compensate you for your losses. Your UM/UIM coverage pays for medical expenses associated with your injuries, the cost to repair or replace your vehicle, and pain and suffering if your policy covers those losses. When filing a claim with your insurance company, it is important that you provide detailed information about the wreck, including police reports, medical records, estimates for the vehicle repairs, photos from the accident scene, and statements from witnesses.

Insurance companies will resort to a range of tactics to reduce their financial liability. For example, they may argue that your injuries are not as serious as you claim. The more proof you are able to provide to your insurance company, the more likely it is that you will have a successful settlement outcome.

What Steps Should I Take if I Am Involved in a Wreck with an Uninsured Driver?

The moments immediately following a car accident can be chaotic and stressful under any circumstances. If you discover that the driver who caused the wreck is uninsured, this can make the situation even more complicated. If you can remain calm and take the following steps, you can take control of the situation and ensure that your legal rights are protected:

• Call 911 right away: A police officer will arrive at the scene, interview all parties involved, and write up a police report. This will include information about both drivers, including the fact that the at-fault driver is uninsured.
• Collect evidence: Take pictures of the accident scene, including the damage to your vehicle, your injuries, the location of the wreck, skid marks on the road, and statements from witnesses who saw the accident happen.
• Exchange information with the other driver, including driver’s license, contact information, and insurance information if the other driver is insured.
• Seek immediate medical care: Even if your injuries do not seem serious or life-threatening, it is important that you are examined by a healthcare professional as soon as possible. This will ensure that your injuries are properly diagnosed and treated. If you do not get medical attention, this can have a negative impact on your claim. The insurance company may argue that your injuries must not be very serious if you did not find it necessary to get treatment.
• Keep detailed records: Make sure that you save copies of all medical bills, repair estimates, documents related to missed work, and any other costs associated with the accident. This will provide valuable evidence when you submit a claim.
• Contact an experienced car wreck lawyer: If the driver who caused the wreck does not have insurance, it is highly recommended that you contact a car wreck lawyer as soon as possible. This will ensure that your legal rights are protected and that you recover the damages to which you are entitled.

Savannah Car Wreck Lawyers at Kicklighter Law Seek Compensation for Car Wreck Victims

If you or a loved one was injured in a car wreck, and the other driver is uninsured, it is in your best interest to contact the Savannah car wreck lawyers at Kicklighter Law as soon as possible. We will assist you with every step of the claims process, protect your legal rights, and pursue the maximum financial compensation you deserve. To schedule a confidential consultation, call us today at 912-754-6003 or submit our online form. Located in Springfield, Georgia, we gladly serve clients in Effingham County, Savannah, and the surrounding areas.

Multi-vehicle accidents are not common occurrences in Savannah, but when they happen, the aftermath can be devastating. In addition to the chaos and injuries, the long-term challenges of filing insurance claims, establishing liability, and pursuing fair compensation can be overwhelming. That is why we stress the importance of engaging experienced legal counsel to handle those details so you can focus on the healing process.

What Are the Common Causes of Multi-Car Accidents?

Multi-car accidents frequently result from a single driver’s mistake that sets off a chain reaction. Distracted driving, speeding, and driving under the influence are among the leading causes. Additionally, poor weather conditions can contribute to lower visibility and slick roads; other causes include driver inexperience, construction zones, and fatigued drivers.  

How Is Liability Determined in a Multi-Car Accident?

Unlike single-vehicle accidents, where fault may lie solely with one driver, multi-vehicle collisions require a detailed analysis of additional variables. For instance, investigators might need to research three or more driver backgrounds instead of one or two.

The investigation will start with evidence gathering of police reports, eyewitness accounts, skid marks, traffic camera footage, and other evidence. If needed, expert witnesses like accident reconstruction experts can work on cases. An attorney can gather all of this necessary documentation to build a case for liability.

Georgia also has a comparative negligence policy that plays a role in multi-car collisions. Any involved party found to be less than 50 percent at fault may be entitled to damages. However, the corresponding percentage will reduce the awarded compensation.

What Types of Damages Can Be Claimed After a Multi-Vehicle Accident?

After a multi-car accident, injured parties can seek various forms of compensation. Medical expenses are often the most pressing, covering everything from emergency care to long-term rehabilitation costs. Along with medical claims, drivers may pursue compensation for property damage, which includes repairing or replacing damaged vehicles.

Additionally, drivers may claim damages for lost wages if the injury prevents them from working. Pain and suffering may also be part of the compensation, which recognizes the emotional and physical toll of the accident.

Who Will Pay for My Damages in a Multi-Vehicle Accident?

That question gets answered after fault is determined. Generally, the at-fault driver’s insurance is responsible for compensating other involved parties. In multi-car accidents, several drivers may share fault or blame. If multiple drivers are found partially liable, insurance claims can become quite complicated. The insurance providers will negotiate with each other based on the percentages of fault assigned.

In some situations, underinsured or uninsured motorist coverage may play a role. If one of the drivers lacks adequate insurance, the other parties may have to rely on their own insurance policies or pursue compensation directly from the at-fault driver.

How Can a Lawyer Help After a Multi-Car Accident?

An attorney can provide critical legal assistance for multi-car accident claims and alleviate the burden on those impacted by these accidents. They understand Georgia law and can effectively gather and present evidence to support a client’s claim. They also handle settlement negotiations with insurance companies; when settlements cannot be reached, they can represent clients in court.

Experienced Savannah Car Wreck Lawyers at Kicklighter Law Can Pursue Justice for Your Damages

If you or a loved one was involved in a multi-vehicle accident in Savannah, you deserve the best legal support available. Our Savannah car wreck lawyers at Kicklighter Law understand the nuances of Georgia law and are prepared to assist with your case. To learn more, call 912-754-6003 or submit our online form. We serve clients throughout Springfield, Effingham County, Savannah, and the surrounding areas.

If you are injured in a car accident, and the other driver was at fault, you may be eligible for financial compensation by filing a personal injury claim. However, every state follows certain laws when it comes to negligence. For example, in states that follow pure comparative negligence laws, motorists can recover compensation, even if they are 99% at fault for causing the accident. In contributory negligence states, a car accident victim is prohibited from recovering compensation if they are even 1% at fault.

Georgia, though, follows comparative negligence laws, which state that car accident victims may recover compensation, provided they are less than 50% responsible for causing the accident. If you have questions or concerns about the claims process and how to recover the compensation you deserve, it is highly recommended that you contact an experienced car accident lawyer as soon as possible.

What Do I Need to Know About Comparative Negligence?

If you are a licensed motorist in Georgia, it is important that you have a general understanding of comparative negligence in the event you are involved in a car accident. Comparative negligence is more lenient than contributory negligence, but more strict than pure comparative negligence. If you are less than 50% at fault for causing an accident, you are entitled to financial compensation.

However, your total damages will be reduced by the percentage of your share of liability. For example, if you were 20% at fault, and the total damages are $10,000, you may recover $8,000. If your share of liability is 50% or higher, you will be unable to recover any damages. In order to recover the maximum damages, you must be able to prove that the other driver was negligent and over 50% liable for causing the accident.

How Do I Prove that the Other Motorist Was Negligent?

Car accidents are generally caused by some type of negligence, including speeding, distracted driving, tailgating, drunk driving, or a failure to obey the rules of the road. If you are involved in a car accident, and the other driver was responsible for causing the accident, you will have the burden of proving that the other driver was negligent. The following are the elements of negligence that you have the burden of proving:

• The other driver had a duty of care to obey the rules of the road, pay attention to other motorists, and avoid unsafe driving behaviors.
• The other driver breached the duty of care. If the other driver was speeding, talking or texting on the phone, weaving in and out of lanes, drunk driving, or engaging in any other irresponsible behaviors while driving, they failed to meet their duty of care.
• You must also be able to prove that the negligent behavior caused the accident that resulted in your injuries. In order to prove this, you will need to obtain evidence proving that they behaved negligently and that you would not have been injured if the other driver had behaved responsibly. This may include police reports, photos from the accident scene, and witness statements.
• Finally, you must show that you suffered financial losses as a result of the accident.

What Factors Are Likely to Influence Fault in Georgia?

Georgia is an at-fault state, which means that the at-fault driver’s insurance company will be responsible for compensating you for your losses. Insurance companies are in the business of making money, so they will resort to a range of tactics to avoid paying a large settlement. That includes looking for evidence that may help shift some of the blame from their policyholder to you. The following are examples of evidence that the insurance company will use to establish fault:

• Police report. If the responding police officer included any information in the police report that would suggest that you shared a percentage of the blame for causing the accident, this would be used to place some of the blame on you, reducing the total damages the insurance company is responsible for paying you.
• Prior motor vehicle infractions. If you were ticketed for speeding, tailgating, reckless driving, distracted driving, or any other infraction in the past, the insurance company may argue that your compensation amount should be reduced.
• Toxicology test results. If the police officer who pulled you over had reason to believe that you were drunk driving, they may order you to take a breathalyzer test. If you fail the test or refuse to take the test, it will be much more difficult to recover compensation from the insurance company.
• Wireless service records. If your wireless service records show that you were talking or texting at the time of the accident, the other driver’s insurance company will likely reduce their settlement offer.
• Your medical records. If your medical records indicate that your injuries are not as serious as you claimed or that you failed to seek immediate medical attention at the accident scene, the other driver’s insurance company may reduce their settlement offer.
• Black box data. If either of the vehicles involved in the accident were equipped with a black box device, the insurance company can request the data and use it to argue that you were speeding, driving recklessly, or engaging in other behavior that places blame on you.

What Are Examples of How Comparative Negligence Applies in a Car Accident in Georgia?

The following are a range of scenarios where both drivers involved in a car accident shared fault, and comparative negligence rules will determine the percentage of fault shared by each driver:

• You make a left turn in front of another vehicle that is speeding through a red light at an intersection.
• You slowed down in an attempt to make an illegal U-turn and are hit by a driver attempting to illegally pass you from behind.
• You are hit by a driver who ran through a red light while you were texting or talking on the phone.
• You were hit by an oncoming vehicle at an intersection while making a turn, but your headlights were not on, and it was starting to get dark.

Savannah Car Accident Lawyers at Kicklighter Law Help Clients Navigate the Claims Process

If you or a loved one was injured in a car accident, do not hesitate to contact the Savannah car accident lawyers at Kicklighter Law. Our dedicated legal team will negotiate with the insurance company on your behalf and ensure that your legal rights are protected. To schedule a confidential consultation, call us today at 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.

Distracted driving continues to be a serious problem across the country, with texting and talking on the phone at the top of the list of most common distractions. In Savannah, distracted driving accidents cause thousands of devastating yet preventable fatalities each year. In fact, there is an increased risk for distracted driving accidents in the city’s popular historical area, where locals and tourists alike can be easily distracted by the popular sights, including the iconic fountain in Forsyth Park to River Street, the bustling waterfront area with a range of restaurants and bars. Many of these accidents can be prevented if motorists always keep their attention focused on the road. If you are injured in a distracted driving accident in Savannah, do not hesitate to contact an experienced car accident lawyer as soon as possible.

What Are the Different Types of Distracted Driving?

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving is any activity that takes your attention away from driving. Three main types of distracted driving are visual, manual, and cognitive. While each of these behaviors is unsafe, motorists often engage in more than one type of distracted driving behavior, which can significantly increase the risk of a serious car accident. The three types of distracted driving include the following:

• Visual: Any task or behavior causes the driver to look away from the road ahead. Visual distractions include reading or sending a text, looking for something in the back seat, or adjusting the GPS.
• Manual: This type of distracted driving occurs when the driver takes their hand off the steering wheel. Sending a text message, eating, and reaching for an item on the floor or passenger seat are examples of manual distractions.
• Cognitive: This is any task that causes a driver’s attention to be focused on something other than driving. For example, arguing with another passenger in the vehicle causes a motorist to focus on the argument, rather than driving. Texting on the phone while driving is an example of distracted driving behavior that involves all three types of distractions, which can be particularly dangerous.

How Dangerous Is Distracted Driving in Savannah?

According to the National Safety Council (NSC), if a motorist is driving 55 mph during the roughly five seconds it takes to send or read a text message, it is comparable to driving the length of a football field blindfolded. Unfortunately, there has been a rise in distracted driving accidents in Savannah as a result of too many motorists engaging in many of the distracted driving behaviors discussed above. In response to this, Georgia passed the Hands-Free Georgia Act, effective July 1, 2018. This prohibits motorists from the following:

• Holding or supporting a phone while driving
• Reading, writing, or sending text messages
• Watching videos or movies other than navigation displays
• Recording or broadcasting videos

How Can I Avoid a Distracted Driving Accident?

While you cannot control how other motorists drive, you can take proactive steps to avoid distractions and prioritize safety. In addition, you can pay close attention to how other motorists on the road are driving. This will help you identify potential warning signs that another motorist is driving while distracted. If you notice another driver engage in any of the following behaviors, putting distance between you and the driver can avoid an accident:

• Erratic speed changes. If you notice a driver speed up or slow down for no apparent reason, they may be distracted by a text or phone call.
• Drifting in and out of lanes. Distracted drivers are more likely to weave in and out of lanes and suddenly correct their mistakes.
• Delayed reactions to traffic signals. Drivers will often send or read a text when they are sitting at a red light or a stop sign. They may not notice the light turn green if their attention is focused on their phone.
• “Head tilt” posture. If a motorist is not using the hand-free feature, the tell-tale “head tilt” is a clear sign that they are talking on the phone, which means they are more likely to be distracted.
• Visibly multi-tasking while driving. If you are in the vicinity of a motorist who is clearly applying make-up, eating, talking on the phone, or texting, they are likely to become distracted.
• Frequent braking. This may suggest that the driver is not paying attention to the traffic flow, causing them to hit the brakes more often than necessary.
• Inconsistent use of turn signals. Distracted drivers are more likely to forget to signal or leave the signal on after they have turned.
• Lack of awareness of surroundings. When drivers are distracted, they may not notice a vehicle merging into traffic or a pedestrian crossing the road.
• Eye contact is off the road for a prolonged period of time. When a driver continues to glance in the back seat or at their lap where they are hiding their phone, their eyes and attention are off the road and not where they should be.

What Are the Consequences of Causing a Distracted Driving Accident in Georgia?

Distracted drivers can face serious penalties if they cause an accident involving serious injuries or fatalities. Depending on the accident’s circumstances and the injuries’ severity, the penalties can range from fines to a lengthy prison term. For example, if a distracted driving accident resulted in serious injuries, the distracted driver may be charged with “serious injury by vehicle,” which is a felony offense in Georgia. Penalties include fines, two to 15 years in prison, and a suspended license. If the accident resulted in fatalities, the distracted driver may be charged with “vehicular homicide,” which is also a felony. The penalty for a first-degree vehicular homicide is three to 15 years in prison. There are also insurance consequences and possible civil liability if the victim sues the at-fault driver for damages.

Savannah Car Accident Lawyers at Kicklighter Law Represent Victims of Distracted Driving Accidents

If you or a loved one suffered a serious injury in a distracted driving accident, do not hesitate to contact the Savannah car accident lawyers at Kicklighter Law. We will determine who is responsible for your injuries and assist you with every step of the claims process. Our dedicated legal team will pursue the maximum financial compensation you deserve and ensure your legal rights are always protected. To schedule a confidential consultation, call us today at 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.

In addition to distracted driving, speeding, and impaired driving, drowsy driving is one of the most common causes of car accidents in Georgia and across the United States. In fact, according to the AAA Foundation for Traffic Safety, drowsy driving causes approximately 328,000 car accidents each year, resulting in roughly 109,000 injuries and 6,400 fatalities. While drowsy driving is often caused by sleep deprivation, there are also several sleep disorders that can cause drowsiness, particularly if the disorder is not properly diagnosed or treated. If you or someone you know is injured in a drowsy driving car accident involving a driver who suffers from a sleep disorder, it is highly recommended that you contact an experienced car accident lawyer who can help you navigate the claims process and pursue the maximum financial compensation you deserve.

What Are Examples of Common Sleep Disorders that Cause Drowsy Driving?

Too often, motorists get behind the wheel when they have not gotten enough sleep. According to one survey, 60% of adults said that they drive while drowsy, and one-in-25 have fallen asleep at the wheel. Unfortunately, the risk of getting into a serious accident increases significantly the more sleep-deprived you are. In fact, drowsy driving can cause some of the same impairments as drunk driving, including reduced coordination, decreased reaction time, and poor decision-making ability. According to the Centers for Disease Control and Prevention (CDC), being awake for 24 hours or more is comparable to having a Blood Alcohol Concentration (BAC) of 0.10%, which exceeds the legal limit in all states. People with undiagnosed or untreated sleep disorders are at an increased risk of causing a serious drowsy driving car accident. The following are examples of common sleep disorders:

• Obstructive Sleep Apnea (OSA). This is the most common sleep disorder impacting the transportation industry, including commercial truck and rideshare drivers. OSA is a serious sleep disorder that causes you to stop breathing while you are sleeping. In extreme cases, you could experience over 30 breathing interruptions per hour. Undiagnosed or untreated OSA can cause excessive fatigue during the day, even if you slept through the night. OSA treatment options include Continuous Positive Airway Pressure (CPAP) machines, Positive Airway Pressure (PAP) devices, upper airway stimulation therapy, medications, and lifestyle modifications.
• Chronic insomnia. This is another common sleep disorder that occurs when you have trouble falling asleep or staying asleep. When someone suffers from chronic insomnia, they have trouble sleeping for at least three nights a week for over three months, which can lead to extreme exhaustion.
• Narcolepsy. While less common than OSA and insomnia, narcolepsy is another sleep disorder that can cause drowsy driving. Narcolepsy is a brain and nervous system disorder that can cause someone to fall asleep suddenly at any point during the day, regardless of what they are doing. People with narcolepsy can legally drive if the condition is managed and they take the necessary precautions, like avoiding driving at night or after a meal.
• Restless leg syndrome. This is a condition that causes a strong urge to move your legs while you are trying to sleep, making it difficult to lie still. It can sometimes cause tingling or a creeping or crawling sensation. It can affect the thigh, the calf, or the whole leg.

What Are the Symptoms of Drowsy Driving?

Whether you suffer from a sleep disorder, just got off from a long shift at work, or pulled an all-nighter for a final exam, getting behind the wheel when you are feeling fatigued can have devastating consequences if you are unable to keep your attention focused on the road, or react quickly to unexpected hazards. If you start to experience any of the following common signs of drowsiness, you should pull over to a safe place and get some sleep:

• Frequent yawning
• Unable to keep your eyes open
• Difficulty concentrating
• Drifting out of your lane or hitting a rumble strip
• Difficulty remembering the last few miles you have driven
• You end up too close to the car in front of you
• You become restless or irritable

What Impact Does Drowsiness Have on Driving?

While people recognize the dangers of drunk driving, they do not always realize how unsafe and irresponsible drowsy driving can be, particularly if a driver has gone without sleep for over 24 hours. The following are examples of how drowsiness can have a negative impact on one’s ability to drive safely:

• Inability to focus. If you have to work hard to stay awake, you may not focus all of your attention on the road and other nearby motorists. The more exhausted you are, the more likely it is that you will be unable to focus and concentrate on driving.
• Delayed reaction times. Drowsiness can cause delayed reaction times, which can make it difficult to react quickly and avoid a serious accident.
• Poor judgment. When you are sleep-deprived, the brain does not function at peak capacity. As a result, your judgment may be impaired, making it difficult to make safe, responsible decisions.
• Inability to judge speeds and distances. When your ability to react quickly and make decisions is impaired, you may be more likely to misjudge distances and speed, increasing the risk of a severe car accident.
• Falling asleep. Clearly, if you start to fall asleep at the wheel, this is extremely dangerous and can have devastating, even fatal consequences if you cause an accident with another driver or you drive off the road and hit a stationary object like a tree or phone pole.

The Savannah Car Accident Lawyers at Kicklighter Law Recover Damages for Victims of Drowsy Driving Accidents

If you were injured in a drowsy driving accident that was caused by a driver with a sleep disorder, contact the Savannah car accident lawyers at Kicklighter Law. Our skilled legal team will assist you with every step of the claims process. To schedule a consultation, call us today at 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.

If you are involved in a car accident and the other motorist was at fault, you will likely be entitled to financial compensation for the injuries and property damage caused by the accident. However, the claims process can be time-consuming, particularly if your injuries are severe and require extensive medical treatment. While it may be tempting to accept an insurance company’s initial settlement offer, particularly when it seems like a significant amount of money, it is crucial that you recover the maximum compensation you deserve. In Georgia, the timeline for reaching an insurance settlement depends on a range of factors and varies from case to case. An experienced car accident lawyer will address any questions or concerns you may have about your claim and pursue the maximum financial compensation you deserve.

What Are the Steps Involved in a Car Accident Claim?

Before you even file a claim, it is crucial that you take the following steps in the moments following the accidents. This will ensure that the necessary evidence is preserved and that you receive immediate medical attention for your injuries.

• Call 911. If you are physically able to do so, call 911 to report the accident and request an ambulance if you or any other passengers suffer serious injuries.
• Seek immediate medical attention. Even if your injuries seem relatively minor, it is imperative that you are examined by a medical professional so that your injuries can be properly diagnosed and treated. If you fail to seek medical attention, this will have a negative impact on your claim.
• Take pictures. Collect as much evidence from the accident scene as possible, including pictures of your injuries, the damage to your vehicle, debris or skid marks on the road, and any other evidence that can support your claim.
• Exchange information. Exchange contact information, driver’s license numbers, and insurance information with the other motorists involved in the accident.
• Talk to witnesses. If there were witnesses who saw the accident happen, ask if they would be willing to provide a statement and get their contact information.

Once you have taken these steps, it is highly recommended that you contact an experienced car accident lawyer who will help you navigate the following steps involved in the claims process:

• Draft a demand letter. Your car accident lawyer will draft a demand letter to the insurance company, which will include your claim account, the injuries you suffered from the accident, and the financial damages you are pursuing. The settlement process officially begins when the demand letter is sent.
• Response and review. Once the insurance company has received the demand letter, they have 15 days to file the claim. The insurance company must accept or deny the claim within 15 days of the claim being filed. If the claim is accepted, your car accident lawyer can begin negotiating a fair settlement.
• Settlement negotiations. Oftentimes, insurance companies will present an initial low-ball offer in an effort to save money and avoid a large payout. This process can be time-consuming, but your car accident lawyer will continue to negotiate with the insurance company until the insurance company agrees to a fair settlement. Once both parties agree to the settlement, the insurance company must issue you a check within ten days.

What Factors Can Delay a Car Accident Settlement?

Even if you are able to reach a settlement with little to no obstacles or delays, the process does not happen overnight. However, the following are examples of things that can cause further delays in the settlement process:

• Complexity of the case. Car accident cases that involve multiple parties, particularly severe injuries or disputes about who is at fault for causing the accident, often take longer to reach a settlement.
• Insurance company delays. It is not uncommon for insurance companies to request additional documentation or take their time evaluating the claim, which can delay the process. In addition, if the value of your claim is well below the at-fault driver’s policy limit, the insurance company may find that a jury verdict in your favor will be well below their maximum payout. As a result, they may feel less pressure to settle quickly.
• Legal procedures. If you file a lawsuit against the at-fault driver, this can add a significant amount of time to the case. Depending on the circumstances of the accident and the details of the accident, resolving a lawsuit can take anywhere from several months to a year or more.
• Disputes over who is at fault. If you do not have enough evidence to prove that the other driver was at fault, the insurance company may refuse to make a settlement offer until you collect and present the evidence necessary to prove fault. This may include a copy of the police report, witness statements, video surveillance, or an accident reconstruction report.
• Willingness to settle. If you accept an insurance company’s initial settlement offer in an effort to avoid uncertainty and a time-consuming claims process, you can reach a settlement much sooner, although you may not recover the full damages to which you are entitled.

What If I Am Partly to Blame for the Car Accident?

Georgia is a comparative negligence state, which means that you can still recover damages if you were partly to blame for causing the accident. However, your total damages will be reduced by the percentage of your share of liability. In addition, if you were 50 percent or more at fault, you would be unable to recover any damages.

The Springfield Car Accident Lawyers at Kicklighter Law Help Clients Navigate Car Accident Claims in a Timely Manner

If you or a loved one was seriously injured in a car accident, it is highly recommended that you contact the Springfield car accident lawyers at Kicklighter Law as soon as possible. We will review the details of your case, determine who is responsible for causing the accident, and assist you with every step of the claims process. To schedule a confidential consultation, call us today at 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.

Some people are a bit nervous when riding in a car as a passenger. That is because a passenger has no control over the operation of a vehicle. If you are a passenger, you rely on the driver’s reaction time, decision-making, operational abilities, and sensibility. You basically have to hope that the driver on whom your life depends is reliable, and that makes you nervous.  

Other people are fine as passengers. They have trust in the person driving, or they simply are not the worrying type. Nevertheless, there is one common denominator between trusting and non-trusting passengers: being involved in a car accident when you are not behind the wheel is a frightening experience that could leave you with serious physical and emotional injuries.

Taking things a step further, if you were injured in a car accident as a passenger, there might be some confusion and doubt as to what your options might be to recover damages. For instance, if you are a driver who feels that the fault of an accident lies with the other driver, you will file a claim with the insurance company of the other driver.

Georgia is an at-fault state. That means that the outcome of a claim is determined by who is found to be at fault, but if you are a passenger involved in an accident, your options spin a different way. That does not mean that you are out of luck. In fact, depending on the circumstances, you might have more options than if you were the driver.

The driver with whom you were in an accident has the responsibility of keeping you safe, but that does not make filing a claim against that person any easier, especially if you are close to that person. You should, however, not have to stress over it. The bottom line is that if you were in an accident as a passenger, you are entitled to receive compensation for your injuries, the same as any driver, and that includes any pain and suffering that you have experienced.

Who Is Liable if You Are in a Car Accident as a Passenger? 

As previously mentioned, do not panic about your options if you were in a car accident as a passenger, but that does not mean that the road to compensation will be an easy one. Since George is in an at-fault state, the driver who is at fault is responsible for damages, and that means that the at-fault driver’s insurance company will have to pay damages; of course, that is only if you can prove your injuries, emotional and financial burden, or whatever damages you are claiming.

You should know that as an injured passenger, you can file a claim against the same parties that a driver can. That includes the at-fault driver, the employer who owns the commercial vehicle driven by the at-fault driver, the owner of the privately owned vehicle, whether or not the owner was driving; the manufacturer of any defective part of the vehicle, if that part caused the accident, and the governing body responsible for the road that caused your accident.

Remember that the at-fault driver is responsible, but it could get a little hairy if you are uncertain as to who is at fault. In that instance, you must make a decision. If you are leaning toward one person being mostly at fault, file your claim with that person’s insurance company. Filing only one claim should make the process much simpler and quicker.

Thus, if you feel that the driver of the vehicle you were in was mostly at fault, you should file a claim with that person’s insurance company. If you feel that it was the driver of the other vehicle who was mostly at fault, you should file a claim with that person’s insurance company.

On the other hand, if you feel that the fault is equally distributed or close to it, you should file a claim with both insurance companies. An investigation will be conducted by any insurance company involved. The investigator will interview witnesses, summon police reports, check the accident scene, and whatever else that will establish fault.  

If it is found that both drivers are at fault, you will receive partial compensation from both insurance companies.

Can You Receive Compensation from Your Own Insurance Company?

Georgia drivers have the option to buy additional insurance called UM and UIM coverage. Actually, Georgia law requires that every policy includes it, but you can opt-out if you wish. UM/UIM coverage is uninsured/underinsured motorist coverage.

UM coverage provides you compensation in the event that the driver with whom you were in an accident is uninsured. UIM provides supplemental insurance that covers damages that exceed the at-fault driver’s policy.

If you do file a claim with your own insurance company but do not file a claim against the at-fault driver, your insurance company may decide to file a lawsuit against that driver’s insurance company to receive money according to the policy. That could happen in the event that your expenses received were enough to make it worth your insurer’s time and money to file the claim.

Can You File a Lawsuit if You Are a Passenger?

Whichever insurance company you filed a claim with will make you an offer. The offer will most likely be on the low side at the onset. If you are unhappy with their final offer for any reason, or if you are not offered a settlement at all, you can file a claim in court against the at-fault driver. If both drivers were found partially at fault, you can file a lawsuit against them both.

You will have to, of course, prove your injuries in a court of law. If you file for pain and suffering, you must declare why and how you are suffering. Keeping up with your medical appointments for treatments and tests is crucial, and you should also make sure that you keep records and receipts of all appointments.

How Does a Claim Against Both Drivers Get Settled in a Lawsuit?

If you do file a claim against both parties, the case will be decided according to the percentage of fault for each driver. This is called comparative negligence, a law that Georgia and a select number of other states use to figure out liability.

Comparative negligence is a law that makes drivers liable according to how much of the accident was their fault. For instance, if one of the two defendants is found to be 70% at fault, that defendant will pay 70% of the money awarded to the plaintiff, with the other defendant paying the other 30%.

What Steps Should You Take if You Were Injured in a Car Accident?

If you are able to, you need to gather evidence at the scene. Be sure to get the name, address, and insurance information of the other driver. Next you should take pictures of the scene. That includes both cars, your injuries, and any evidence, such as skid marks.

You should talk to witnesses and get their names and contact information. Remember to write down their general impression of the accident. You should also write down in explicit detail what you believe happened.

Never refuse medical treatment at the scene. If it is suggested that you go to a hospital by ambulance, do it. Remember that you sometimes do not immediately know if your injuries are serious.

Call the police if they are not present. They can collect the necessary information, interview witnesses, and take pictures. They will also write a report that will most likely be used if you end up in court.

Calling a lawyer never hurts. An experienced lawyer can advise you about what steps you should take, including who you should and should not be speaking to. A lawyer could also advise you as to whether the settlement offer made by the at-fault driver’s insurance company is adequate.

Be careful if you speak with an insurance adjuster. Remember that you are not obligated to do so. You definitely should refuse to give a written or recorded statement, and that includes any statements regarding your injuries. Also, do not be in a hurry to accept a settlement offer, especially if your injuries are serious.

The Springfield Car Accident Lawyers at Kicklighter Law Represent Passengers Injured in a Car Accident

If you were seriously injured in a car accident as a passenger or driver, you need a competent lawyer who will fight hard to help bring you the compensation you deserve. Our experienced Springfield car accident lawyers at Kicklighter Law will represent your best interest every step of the way. Call us at 912-754-6003 or contact us online for a free consultation. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and surrounding areas.  

Distracted driving refers to any activity that diverts attention from driving. This includes talking, texting, eating, or adjusting the radio. There are three main categories: visual (taking eyes off the road), manual (removing hands from the wheel), and cognitive (losing focus on driving). To prove distracted driving in a personal injury case, you must establish that the driver engaged in one or more distracting activities at the time of the accident.

What Are the Legal Implications of Distracted Driving?

Distracted driving carries significant legal consequences. It is considered a form of negligence, meaning the driver failed to exercise reasonable care while operating their vehicle. If you can prove that distracted driving contributed to the accident, you might be able to hold the driver liable for damages resulting from the crash, including your medical expenses and lost wages.

What Evidence Is Needed to Prove Distracted Driving?

This kind of evidence can be leveraged to prove distracted driving:

• Cell phone records often provide significant information, showing whether the driver was texting or making calls around the time of the accident.
• Witness testimony is another source of evidence. Individuals who observed the driver’s behavior before the collision can shed light on potential distractions.
• Traffic camera footage or dashcam recordings can capture the driver’s actions leading up to the incident.
• Forensic analysis of vehicle data, such as onboard computers, can reveal if the driver was using in-car entertainment systems at the time.

How Can Cell Phone Records Support a Distracted Driving Claim?

Cell phone records can reveal call logs, text messages, and app usage around the time of the accident. By obtaining these records, you can establish a timeline that aligns with the incident. For example, if text messages were sent or received just before the crash, it may suggest that the driver was distracted by texting.  

What Role Does Witness Testimony Play?

Witness testimony can provide valuable insights into the driver’s behavior prior to the accident. Eyewitnesses who saw the driver using a phone, eating, or engaging in other distracting activities could testify to these observations. Their accounts help establish that the driver’s inattention contributed to the accident.

How Can Traffic Camera Footage Be Utilized?

Many intersections and highways are equipped with cameras that capture video of traffic flow and driver behavior. This footage might show if the driver was distracted at the time of the crash. It also provides context about the driving conditions, like rain, and the actions of other drivers involved.  

What Is the Role of Forensic Analysis in Distracted Driving Cases?

Forensic analysis involves examining physical evidence related to the accident. In cases of distracted driving, this might include analyzing data from the vehicle’s onboard computer systems. Modern vehicles often come equipped with event data recorders (EDRs) that capture information like speed, braking patterns, and the use of in-car technologies.

This data helps establish whether the driver engaged with electronic devices or other distractions at the time of the accident. Forensic analysis may also involve examining physical evidence from the scene, such as skid marks or debris, to understand the dynamics of the collision.

How Can I Gather Evidence for My Case?

Start by collecting all available documentation, like cell phone records, witness statements, and relevant traffic camera footage. You may need to work with an accident reconstruction specialist to secure forensic analysis of vehicle data and other pertinent information.

This is time-consuming, challenging work that typically requires legal guidance. A car accident lawyer can manage the collection and presentation of evidence to build a persuasive case.

The Savannah Car Accident Lawyers at Kicklighter Law Focus on Helping Clients Injured in Distracted Driving Accidents

The experienced Savannah car accident lawyers at Kicklighter Law are well-equipped to handle cases involving distracted driving and offer confidential consultations. Call us at 912-754-6003 or contact us online today. Located in Springfield, Georgia, we serve clients in Savannah, Effingham County, and the surrounding areas.

Amazon delivers 18 packages every second in the United States. This equates to over 500 million deliveries each year. While most deliveries may go smoothly for the customers, things may not always be as smooth for the driver. Under pressure, their negligence may cause accident injuries. If you have been injured in a car accident with an Amazon delivery driver, you would need to determine who covers them, so you can seek financial compensation.

Delivery Drivers May Be Independent Contractors Under the Liability Insurance Policy

Amazon delivery drivers work for the company on an independent contractor basis. They are not Amazon employees, meaning that Amazon is not liable for their actions. However, Amazon has some obligations when it enlists independent contractors to make deliveries. Just like the rideshare companies that work with independent contractors, Amazon would provide an insurance policy for drivers who make deliveries on the company’s behalf.

Amazon’s drivers can be sole proprietors, or they can be larger delivery companies that have many trucks. Amazon’s drivers are often working under time pressure because they have high quotas of deliveries that they must meet. The company prides itself on the prompt delivery of its products, and its drivers are the ones who end up bearing the brunt of this. In their haste to deliver the products, drivers may cut corners and cause injuries in accidents.

Amazon has a commercial insurance policy that it provides to its drivers free of charge in practically every state. This coverage is for $1 million. The amount is on a per-accident basis, meaning that multiple accident victims may file claims against the same policy. They may not be able to get full compensation if the $1 million amount is not enough.

Amazon works with a number of commercial insurance companies to provide coverage, including:

• Zurich American
• Old Republic
• Fireman’s Fund
• American Zurich

An Attorney Would Verify Insurance Coverage and Fight for You to Be Paid

When you hire an attorney, they would investigate to learn where and how to file a claim. They would ascertain the insurance coverage that is available and help you determine your most effective path to compensation.

These companies do a large amount of business with Amazon. They are paid a considerable amount of money in premiums, and they want to retain as much of them as possible. Amazon’s insurance companies can be difficult when you are filing a claim.

Hopefully, Amazon’s insurance policy is enough to cover your damages in the event of an accident. If you were struck by an Amazon delivery truck, you may file a claim against your own insurance policy if you have underinsured motorist coverage. Further, Amazon’s drivers could be personally liable if they do not have enough coverage, although it may be difficult to collect a judgment from them.

Some Truck Drivers May Be Amazon Employees

When you see the tractor-trailers emblazoned with the Amazon logo, there is a greater chance that these drivers actually work for Amazon. The company would be liable for the actions of its drivers, and Amazon truck drivers would be covered under the company’s liability insurance policy. If you have been injured in a truck accident with an Amazon driver, you may be able to file a lawsuit against the company because the driver is not an independent contractor.

Regardless of whether the driver is an independent contractor or an Amazon employee, you would still need to prove that they were negligent in order to receive financial compensation. An attorney would investigate the accident and gather the evidence necessary to prove your case.

Contact the Springfield Car Accident Lawyers at Kicklighter Law After an Amazon Accident

If you have been hurt in a crash with an Amazon driver, get legal help from the Springfield car accident lawyers at Kicklighter Law. We have a track record of going to bat for our clients against the largest insurance companies and winning. Your first step is to call us today at 912-754-6003 or use our online contact form to schedule an initial consultation. Our office is in Springfield, Georgia, and we help injured clients in Effingham County, Savannah, and the surrounding areas.