How Savannah’s Unique Roads Contribute to Distracted Driving Accidents?

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.

How Do Sleep Disorders Contribute to Drowsy Driving in Savannah, Georgia?

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.

Why Is My Car Accident Claim Taking So Long?

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.

What Are Your Rights as a Passenger in a Car Accident?

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.  

How to Prove Distracted Driving in Your Personal Injury Case?

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.

Are Amazon Drivers Covered by Their Own Insurance or Covered by Amazon?

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.

Does a Personal Injury Claim Cover Mental Health Issues?

Car accidents can cause a range of injuries and property damage, depending on the type and severity of the accident. While a minor fender-bender may only result in minimal scrapes and bruising, a serious collision can cause devastating injuries ranging from broken bones and internal bleeding to traumatic brain injuries, spinal cord injuries, and amputations.

In addition to the serious physical injuries car accident victims suffer, the trauma associated with the accident and the resulting injuries can have a serious impact on victims’ mental health. If you were involved in a serious car accident that has had an impact on your mental and emotional health, a successful personal injury claim will ensure you recover the damages you deserve, including the costs associated with treating your mental health injuries. An experienced car accident lawyer will assist you with this process and pursue the maximum financial damages that you deserve.

What Are Examples of Mental Health Injuries Caused by Car Accidents?

The trauma from a serious car accident can affect your mental and emotional health for days, weeks, or even years after the accident. Depending on the circumstances of the accident and whether you suffered severe injuries, you may experience a range of mental health-related injuries, including the following:

  • Anxiety Specifically About the Car Accident: Oftentimes, when a car accident is particularly traumatic, certain events related to the accident can trigger feelings of anxiety. For example, if you were involved in a devastating car accident, you may experience feelings of intense anxiety anytime you approach the location of the accident.
  • Generalized Anxiety: In some cases, if someone already suffers from generalized anxiety disorder, a car accident can trigger those symptoms or increase the amount of anxiety they experience. Symptoms of generalized anxiety disorder include persistent worries, trouble sleeping, overthinking minor plans and situations, and dwelling on worst-case scenarios for certain situations.
  • Post-Traumatic Stress Disorder (PTSD): This can affect car accident victims who either witnessed or were the victims of a terrifying or traumatic event. Victims of PTSD can experience flashbacks, nightmares, and extremely anxious reactions that make it very difficult to engage in regular daily activities like work, school, and family life.
  • Depression: Severe injuries like spinal cord injuries or traumatic brain injuries can cause permanent impairments and disabilities that can prevent you from being able to engage in regular daily activities like walking, driving a car, riding a bike, or even communicating if a brain injury affects your ability to speak. Victims of severe injuries often suffer from depression or a loss of enjoyment of life.

How Do I Claim Compensation for a Mental Health-Related Injury?

If you are seeking compensation for anxiety or any other type of mental health issue related to a car accident, you must be able to prove that the other driver was liable. A copy of the police report will provide valuable details about how the accident happened, what happened immediately before the collision, whether the other driver was under the influence of drugs or alcohol, and who was at fault. Other evidence that can help support your claim includes photos of the property damage to both vehicles involved, footage from surveillance cameras, and statements from an accident reconstructionist.

In order to recover damages for anxiety, PTSD, and other mental health disorders related to a car accident, it is highly recommended that you seek treatment from a qualified mental health professional who can provide a medical diagnosis for your condition. In addition to confirming the fact that you are suffering from a mental health disorder, a mental health professional’s testimony will help show that your mental health condition is directly related to the car accident and not from another source. If you were already suffering from anxiety or depression, a mental health professional could testify that the car accident caused you to suffer more intense and frequent bouts of anxiety or depression. A dedicated car accident lawyer will assist you with the claims process and pursue the compensation you deserve.

The Savannah Car Accident Lawyers at Kicklighter Law Seek Compensation for Mental Health Injuries Related to Car Accidents

If you are suffering from anxiety, depression, or other mental health issues following a car accident, contact the Savannah car accident lawyers at Kicklighter Law. To schedule a confidential consultation, call us today at 912-754-6003 or contact us online. Our office is located in Springfield, Georgia, where we serve clients from Effingham County, Savannah, and surrounding areas.

Do Low-Impact Car Accidents Qualify for Settlements?

Some of the most destructive and devastating car accidents occur when one or both of the vehicles involved are traveling at a high speed, resulting in a high-impact crash. The property damage caused by a high-impact car accident is often extensive, and the resulting injuries tend to be severe. However, even a relatively minor, low-impact car accident can cause property damage and injuries that require immediate medical attention. The expenses of treating your injuries and repairing your vehicle will accumulate quickly.

What Are the Most Common Causes of Low-Impact Car Accidents?

A low-impact car accident occurs when the vehicles involved are traveling at a speed of less than ten miles per hour. However, if a car accident occurs when one vehicle is traveling at 35 miles per hour, and the other vehicle is traveling at 45 miles per hour, this would also be considered a low-impact car accident because the difference in speed is only ten miles per hour. Low-impact car accidents are generally caused by a range of negligent driving behaviors, including the following:

  • Failure to yield to the right of way when merging into traffic, at a two-way or a four-way stop, or at a traffic signal
  • Tailgating
  • Distracted driving
  • Driving while impaired by alcohol or drugs
  • Drowsy driving
  • Failing to take the necessary precautions when driving during inclement weather

What Are Common Types of Injuries Associated With Low-Impact Car Accidents?

Even a relatively minor car accident can cause serious injuries, particularly if the occupants of the vehicles involved were not wearing their seatbelt at the time of the accident. Common injuries include broken bones, cuts and lacerations, and back injuries, as well as the following:

  • Whiplash: This is a common injury that occurs when the sudden force of impact causes a rapid backward and forward movement of the head, causing strain and stiffness in the muscles, ligaments, nerves, and discs in the neck area. While whiplash is not generally a life-threatening injury, it can cause severe pain in the neck and upper limbs. If the injury is not properly diagnosed and treated, it can cause crocus pain and discomfort, which is why it is so important to seek immediate medical attention after a car accident, even if you do not experience any symptoms right away. If you fail to get immediate medical attention, your injury can progress and become more challenging. In addition, if you file a claim, your insurance provider may argue that your injuries must not be very serious if you do not find it necessary to go to a doctor. As a result, your claim may be denied.
  • Head and brain injuries: This is another common injury that occurs in low-impact car accidents. Like whiplash, the symptoms of a head injury may not be immediately apparent, so it is crucial that you are examined by a healthcare professional as soon as possible. Depending on the nature and severity of the accident, head injuries from low-impact car accidents can range from minor concussions to traumatic brain injuries (TBI). 
  • Soft tissue injuries: These include sprains, strains, or contusions that affect the muscles, ligaments, and tendons.
  • Wrist and hand injuries: These often occur when motorists brace for impact by placing their hands on the dashboard or steering wheel.

What Damages Can I Receive if I Am Injured in a Low-Impact Car Accident?

If you are injured in a low-impact car accident in Georgia, you may be entitled to the following damages:

  • Economic damages: These are the damages that can be easily quantified by obtaining copies of medical records, estimates for the cost to repair the vehicle, and copies of pay stubs.
  • Non-economic damages: These refer to intangible losses, including pain and suffering, emotional distress, loss of consortium, and stress and anxiety.

What Should I Do If I Am Involved in a Low-Impact Car Accident?

Even if you are involved in a low-impact car accident where there is minimal property damage and the injuries are minor, it is important that you take the following steps, particularly if you plan on filing a personal injury claim:

  • Report the accident. Call 911 and notify dispatch that you were involved in a car accident. Ensure you inform dispatch about any injuries so they can send an ambulance to the scene. The responding officer will fill out a police report, which will be valuable evidence if you file a personal injury claim.
  • Seek immediate medical attention. Allow emergency medical personnel to examine you, even if you do not have any apparent symptoms.
  • Collect evidence, including photos of the damage to your vehicle, injuries, and any debris or skid marks on the road.
  • Exchange information with the other driver, including insurance and driver’s license numbers.
  • Avoid apologizing or saying anything that could be interpreted as admitting fault, which can be used against you during the claims process.
  • Notify your insurance company that you were involved in a car accident. Keep in mind, however, that insurance companies are making money and will resort to a range of tactics to avoid paying a large settlement. The more evidence you can collect, the more likely you will be able to prove that the other driver was at fault and negotiate a fair settlement.

Our Savannah Car Accident Lawyers at Kicklighter Law Represent Victims of Low-Impact Car Accidents

If you or a loved one was injured in a low-impact car accident, it is highly recommended that you contact our Savannah car accident lawyers at Kicklighter Law as soon as possible. We will assist you with every step of the claims process, determine the nature and severity of your injuries, and pursue the maximum financial compensation you deserve. 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.

What Should I Do Following a Hit-and-Run Accident?

Leaving the scene of an accident without waiting for the police is not just a violation of law but a serious crime with severe legal repercussions. If the accident results in serious injuries or fatalities and the responsible driver flees, they could face felony charges and a potential prison sentence of up to five years.

According to the AAA Foundation for Traffic Safety, hit-and-run accidents occur every minute in the United States, which amounts to approximately 682,000 hit-and-run crashes each year. If you are injured in a hit-and-run accident, there are steps you can take to ensure that you recover the financial compensation you deserve.

To avoid having to pay for the property damage to your vehicle, the medical expenses associated with your injuries, and other losses, it is essential that you take the following steps in the moments following the accident:

  • Move to a safe spot. If you can do so safely, move your vehicle to a safe area that is away from the flow of traffic. If the other motorist fled the scene, do not chase after the driver. Try to remain calm and gather as much information as possible. For example, if you can obtain information about the make, model, and color of the vehicle as it drives away, this will be very helpful in tracking down the driver, particularly if you can write down or take a picture of the license plate.
  • Call 911. Call the police as soon as possible. When the responding officer arrives, write down their name and badge number. Provide as much detailed information as possible about what happened, sticking only to the facts. Do not embellish or share your opinion about the accident. The more information you can provide about the other vehicle and the other driver, the more likely police will be able to locate the driver.
  • Take detailed notes. In the moments immediately following the accident and before the police arrive, take a moment to assess the damage to your vehicle. If you are physically able to do so, take pictures of the property damage from various angles, as well as any debris or skin marks on the road, the weather, and the exact location of the accident. Write down a detailed account of what happened, including where you were going, where the accident occurred, a detailed description of the other driver, and a description of the other car. This can be beneficial information even if you could only provide a partial license plate number.
  • Seek immediate medical attention. A medical professional must examine you after a car accident. Some injuries may not be obvious right away, particularly when the shock of the accident causes adrenaline to course through the body, masking pain and other symptoms. If you fail to seek medical attention, undiagnosed injuries can become more serious and difficult to treat. In addition, this will likely have a negative impact on a personal injury claim. The insurance company may argue that your injuries must not be severe if you do not find it necessary to seek medical treatment.
  • File a claim with your insurance company. Notify your insurance company that you were injured in a hit-and-run car accident. Provide your insurance agent with a copy of the police report number and the information you collected from the accident scene.
  • Contact a car accident lawyer. An experienced car accident lawyer will assist you with every step of the claims process, negotiate with the insurance company, and help you recover the damages you are entitled to. It is highly recommended that you look for a lawyer with experience handling hit-and-run cases.

What If the Other Driver Cannot Be Located?

In some cases, the hit-and-run driver may not be found. Unfortunately, Georgia ranks fourth in the country for fatal hit-and-run accidents. While this can make the claims process more challenging, you may still have options for recovering compensation. You may obtain a MedPay policy, which pays for treatment costs after an accident. This works faster than your personal health insurance. If you have an uninsured/underinsured driver policy on your insurance, this is meant to provide coverage if you are involved in an accident and the at-fault driver does not have insurance to cover the damages. This also provides coverage if the other driver flees the accident scene. Ideally, this policy will already be in place before the hit-and-run accident happens. However, some insurers will allow you to file a claim after the fact, although coverage may over-apply to property damage and may not cover medical expenses.

Our Springfield Car Accident Lawyers at Kicklighter Law Represent Victims of Hit-and-Run Car Accidents

If you or a loved one was injured in a hit-and-run car accident, it is highly recommended that you contact our Springfield car accident lawyers at Kicklighter Law as soon as possible. We understand how traumatic and frustrating these accidents can be, particularly if the other motorist flees the scene and cannot be found. 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.

Can a Closed Car Insurance Claim Be Reopened?

If you were injured in a car accident and filed a personal injury claim against the at-fault driver, you may have received a settlement to cover the costs of your medical expenses and lost wages. The car accident claim is closed once the settlement agreement has been signed and the money has been accepted. However, if you have ongoing medical expenses or your injuries are more serious than you thought, you may have questions about whether you can reopen a claim to seek additional compensation. Typically, a claim cannot be reopened once it has been closed. However, some exceptions may allow you to reopen a closed claim.

What Is a Closed Claim?

When a personal injury case is closed, the insurance company has decided that no further action will be taken with your claim. An insurance adjuster may simply notify you that your claim has been closed. If you have been paid, you cannot collect any additional money after the claim has been closed. You will not get paid if you have not received any settlement money and the insurance company determines that your claim is closed.

Depending on why the insurance company closed the claim, you may need to take legal action to have the claim reopened. For example, if the insurance company believes your contract does not require them to pay you, the only way to recover compensation is to take legal action. However, if you failed to pay your insurance premiums or did not pursue your claim and it closed for administrative reasons, you may reopen your claim without pursuing legal action.

What Are the Most Common Reasons for Reopening a Closed Claim?

In most cases, people try to reopen a closed claim because their injuries are more serious than initially thought. It is highly recommended that you do not sign a car accident settlement until you have reached maximum medical improvement, or MMI, which occurs when an injured person reaches a point where the person has fully recovered from their injuries.

You may also try to reopen a claim if you suffer injuries that were not immediately apparent after the accident. Insurance companies often settle claims quickly to avoid having to pay larger settlements for injuries that may appear at a later date, like a traumatic brain injury or other types of head injuries.

In addition, if new evidence is discovered that was not considered in the insurance company’s initial investigation, you may request that your claim be reopened and that the new evidence be included in your case file.

Reopening a Claim

Once your claim has been closed, it will unlikely be reopened. However, some circumstances may make you eligible to reopen a closed claim, including the following:

  • You settle a claim against one defendant, but multiple parties are involved. If multiple cars were involved in the accident, you may still be able to file a lawsuit against one of the other drivers. However, it is in your best interest to hire a car accident lawyer to review the legal documents and ensure that you understand the settlement terms. For example, some releases state that you agree to give up potential claims against anyone once you accept the settlement money.
  • You have not yet agreed to a settlement offer. If you are still negotiating with your insurance company and have not yet signed a release of liability, you can pursue legal action. A release of liability is a legal document that waives the other party from additional liabilities once the case has been closed.
  • The agreement is void. If there are errors in the contract agreement, including incorrect names or inaccuracies regarding the settlement amount, it may be considered void. A settlement agreement is a legally binding contract. If there are errors, it may be invalid, even if you have signed it.
  • There is no signed agreement. If you have not yet signed the settlement agreement, you may be able to reopen the claim if it falls within the statute of limitations. In Georgia, the statute of limitation for filing a personal injury claim is two years after the car accident date. If the statute of limitations has expired, it is unlikely that you will be able to reopen your claim.
  • You verbally agreed to a settlement. Often, only a signed settlement agreement is considered valid, which means you may be able to renegotiate an agreement if you verbally agree to the terms of the settlement. However, in some cases, a verbal agreement is considered valid. A dedicated car accident lawyer will review your agreement and determine whether you can reopen a closed claim.
  • The responsible party failed to pay the agreed settlement. If the other party fails to make the settlement payments within the agreed-upon timeline, you may be able to reopen the case. Depending on the circumstances, the judge may require the responsible party to pay by a specific date or reopen the case.

What Can I Do If My Insurance Company Refuses to Reopen My Claim?

If your insurance company does not reopen your claim, you must take legal action to get the financial compensation you deserve. It is highly recommended that you contact an experienced car accident lawyer, who will thoroughly examine your policy agreement and determine whether any clause in your policy was breached or if there is any error or details in the agreement that can help you reopen your claim and negotiate the settlement to which you are entitled.

Our Savannah Car Accident Lawyers at Kicklighter Law Assist Clients Who Wish to Reopen a Closed Car Insurance Claim

If you were injured in a car accident and filed a closed claim, do not hesitate to contact our Savannah car accident lawyers at Kicklighter Law if you want to reopen the claim. We will discuss the details of your case with you. 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.

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Call Us: 912-754-6003

412 North Laurel Street
Springfield, GA 31329

Telephone: 912-754-6003
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