Can I Refuse a Breathalyzer Test?

In Georgia, you cannot refuse a breathalyzer test without facing legal penalties. Georgia is an implied consent law state. This means that anyone driving on a Georgia road has given implied consent to follow the orders and requests of police officers if the police officer has reasonable cause to believe you have been drinking.

However, this does not mean that you have no rights. It just means that if you refuse a breathalyzer test, you will be arrested and charged with driving under the influence (DUI). If you have been charged with DUI, whether you took a breathalyzer test or not, you have rights worth protecting. To help you, speak with a lawyer right away.

What Is Implied Consent?

 If you have a Georgia driver’s license or a valid license from any other state and you are driving in Georgia, you have given the state implied consent that you will submit to a breathalyzer test if a police officer has reasonable cause to believe you have been drinking. Can you refuse? Yes, but you will face consequences. If the police officer believes they have a strong reasonable suspicion that you are above the legal limit, they can arrest you and charge you with DUI, even though you have not taken a breathalyzer test.

Under Georgia law, you also do not have a right to consult with a lawyer until after you have been arrested. Since you are not under arrest and because Georgia courts have held that the decision to take a breathalyzer test is not a critical stage of the criminal process, you do not have the right to a lawyer. Only after you have been arrested do you have the absolute right to legal counsel.

What Are the Penalties for Refusing a Breathalyzer Test?

If you refuse the breathalyzer test, you can be arrested and charged with DUI. This is one of the mandatory penalties under Georgia law that you will face if you do not follow the officer’s request.

You will also lose your driver’s license. You will receive a thirty-day permit allowing you to drive. During that time, you must request a hearing to challenge the suspension of your driver’s license. If you do not, you will lose your license for one year. The length of this suspension grows with every subsequent DUI charge.

When you get pulled over for suspected impaired driving, the police officer may request that you take a breathalyzer test. If you refuse, before arresting you and charging you with a DUI, the police officer must inform you of the penalties for refusing to take a breathalyzer. Georgia law requires officers to inform people because most are not aware of the penalties for refusing a breathalyzer test.

If the police officer does not inform you of the penalties under Georgia law, you may have a valid reason to challenge the penalties that happened after you refused a breathalyzer. This could mean that the DUI charge and arrest could be thrown out and your driver’s license could be reinstated at the hearing.

However, to ensure your rights are protected, you must have a trusted legal advocate working with you. Going through this process is not simple and requires deep knowledge of the legal system and relevant Georgia laws.

A Changing Standard

Recently, the Georgia Supreme Court has ruled that a driver’s refusal to take a breathalyzer test cannot be used against them. Prior to this ruling, if you refused to take a breathalyzer test, that fact could be used against you in court to add to the evidence showing that you were driving drunk. Today, however, that can no longer happen.

This does not mean that if you refuse a breathalyzer test after a police officer pulls you over that you suddenly get to drive away. In many cases, a breathalyzer test is the final step a police officer takes before making an arrest. Prior to that, the police officer will probably ask a driver to walk a straight line, count backwards, say the alphabet, and do other field sobriety tests approved by law enforcement.

Similarly, this new standard does not remove Georgia’s implied consent law. By driving on Georgia roads, all drivers give their implied consent to being pulled over and questioned, including the use of field sobriety tests. These measures help to keep everyone on Georgia roadways safe. However, your refusal to take a breathalyzer test will not prevent you from getting arrested and charged with DUI if the police officer has reasonable cause. If you do not voluntarily consent to a breathalyzer test, you can still be arrested and charged with DUI under Georgia law.

Independent Testing

You have the right to request an independent test at your own expense, but you can only request an independent test if you did not refuse the test from the police officer. In other words, there has to be a test comparison, but the tests do not have to be identical. You can submit to a breathalyzer test at the scene but can have a blood test done at your expense.

The arresting police officer must allow you to get an independent test. Your request must be reasonable. A request for an independent test may be reasonable if:

  • You have the ability to pay for the independent test.
  • The location of the facility you selected for your test was nearby.
  • The police did not delay giving you access to an independent test.

Since alcohol runs through the body fairly quickly, time is of the essence so any blocking by the officer could give you additional support to toss out your DUI arrest. If the police officer did not allow you the ability to have an independent test done in a reasonable amount of time, your lawyer may be able to get the breathalyzer test removed from evidence.

It is critical to have a lawyer if you have been arrested for DUI. Navigating the legal process requires a keen eye for detail and an intimate understanding of Georgia’s DUI laws. This is not something to handle on your own, especially when you could lose your right to drive for a minimum of one year.

A skilled Georgia lawyer will be able to tell quickly if the laws and processes were followed. If not, that can be a quick route to reducing or eliminating the charges against you. Not only does this save you the hassle and embarrassment of a DUI charge, but it also ensures that your driver’s license remains intact, and you have the ability to drive to and from work and all your other important life events.

There are many ways the police could have violated your rights during the field sobriety test and DUI arrest. The only way to know for sure what rights have been violated and how to take action to protect yourself is by partnering with a trusted lawyer.

Effingham County DUI Lawyers at Kicklighter Law Will Protect Your Rights After a DUI Arrest

A DUI charge can lead to a possible license suspension, leaving you without a way to get to work. To make sure your rights are protected, speak with our Effingham County DUI lawyers at Kicklighter Law. To learn more about how we can help you, call us at 912-754-6003 or contact us online for a consultation. Located in Springfield, Georgia, we serve clients throughout Effingham County, Savannah, and the surrounding areas.

How Can I Avoid a Car Accident on New Year’s Eve?

New Year’s Eve is one of the most dangerous nights for driving. Based on data from previous years, the National Safety Council (NSC) estimates that more than 380 people might pass away in car accidents and 43,800 people might be hurt with nonfatal injuries this New Year’s holiday period.

There are a few reasons why crashes are so common on the last night of the year:

  • Heavy traffic: According to the National Highway Traffic Safety Administration (NHTSA), the chance of being in a fatal car accident at night are three times higher than during the day.
  • Nighttime driving: During the holiday season, there are more people out on the roads, especially late at night and on New Year’s Eve. The reality is that some of these drivers are overtired or impaired by alcohol or drugs. Driving at night is also more challenging than the day because of limited visibility and glare from the lights of other vehicles.
  • Drunk driving: Some people will drive while impaired on New Year’s Eve. In 2019, 36 percent of all fatal motor vehicle crashes that occurred over the New Year’s holiday period involved a drunk driver.
  • Weather: In some parts of the country, weather contributes to the rise in New Year’s Eve crashes. In areas that see heavy snow and sleet, icy roads, poor visibility, and freezing temperatures all make driving more challenging this time of the year. These drivers should take extra precautions to winterize their vehicles, and they should adjust their driving to account for icy roads and limited visibility.

There are many driving challenges on New Year’s Eve, but there are also ways you can stay safe if you plan on going out to celebrate the holiday. Listed below are important driving safety tips for New Year’s Eve.

Adjust for Nighttime Driving

Driving at night requires a bit of extra caution and care. High-intensity discharge (HID) and light-emitting diode (LED) headlights in newer-model vehicles better illuminate the roadways, but they can also cause a glare for oncoming drivers.

Avoid looking directly into the lights of vehicles coming toward you. If lights in your rear-view or side mirrors make it hard for you to see, focus on the lane markers or the shoulder of the road and allow the vehicle behind you to pass. Keep your own windshield clean to prevent glare. Always increase your following distance at night, and reduce your speed when driving in the dark.

Avoid Drinking and Driving

It only takes a single drink to reduce your coordination, slow your reaction time, and impair your decision-making ability. If you want to enjoy a few cocktails this New Year’s Eve, there are ways to stay safe and avoid a drunk driving accident.

If you are going out in a group, decide who will be the designated driver before you leave. This person will make sure everyone gets home safely. Public transportation and rideshare services, like Uber or Lyft, are also options.

You should also consider celebrating at home. If guests have been drinking, you should offer for them to spend the night. If you see anyone who has been drinking attempt to drive home, take their keys away, and get them a cab or a rideshare service.

Keep an Emergency Kit in Your Vehicle

Although Georgia residents rarely encounter blizzards or freezing temperatures, drivers still deal with breakdowns, accidents, and other hazards during the holiday season. That is why every driver should keep a safety kit in their vehicle at all times.

Here are the supplies to include in your driving emergency kit:

  • Basic first-aid supplies.
  • Bottled water.
  • Non-perishable foods.
  • Blankets.
  • Portable phone charger.
  • Flashlight and extra batteries.
  • Jumper cables.
  • Flares.

Plan Ahead

However you choose to ring in the new year, it is important to plan ahead and organize a safe way to get home once the night is over. As one of the busiest nights of the year for parties and gatherings, it may be hard to find a cab or a rideshare service.

You might assume someone in your group will stay sober, only to find no one is in a position to safely drive at the end of the night. If you feel stuck, you may be tempted to risk driving while impaired. If you plan ahead, you can enjoy the holiday knowing you have taken steps to help keep you and those around you safe.

What Are Penalties for Drunk Driving in Georgia?

On New Year’s Eve, the main risk of the night is being involved in a New Year’s Eve drunk driving accident. However, even if you avoid an accident while impaired, you still face steep legal and financial penalties, including a charge for driving under the influence (DUI).

Laws in Georgia prohibit anyone from being in control of a car:

  • If they are under the influence of any alcohol, drugs, or controlled substances.
  • With any amount of marijuana or illegal drugs in their system.
  • With a blood alcohol content (BAC) level of 0.08 percent or greater.

Penalties for a first offense include 10 days to a year in jail, fines from $300 to $1,000, and community service. Each subsequent offense brings more jail time and larger fines. Keep in mind, certain extenuating circumstances can also bring more serious penalties.

What Should I Do After an Accident on New Year’s Eve?

Even if you stay sober or have a sober friend drive you home, other motorists may not be as responsible. If you are involved in a car accident this New Year’s Eve, try to remain calm.

Start by assessing everyone at the scene for injuries, and call for help if anyone appears to be seriously hurt. Since some injuries are not immediately obvious, avoid moving anyone in pain, and wait for first responders to help.

When the police arrive, explain what happened. State the facts as you know them, and you should avoid admitting fault. Exchange your information with the police and the other driver, including license, proof of insurance, and registration. If you can, take pictures or videos of the accident scene. It is always a good idea to see a doctor after any type of crash to rule out serious injuries.

Once you have filed a police report and received medical attention, contact a trusted car accident lawyer for legal guidance. In many cases, the at-fault driver’s insurance company may offer a settlement for damages. However, it may not be enough to cover your medical bills, lost income, and auto repairs.

A lawyer will review your case and recommend the next best step to move forward after a serious car accident.

Effingham County Car Accident Lawyers at Kicklighter Law Provide Skilled Legal Representation to Clients Injured in Holiday Collisions

Many people will go out and celebrate on New Year’s Eve. Some motorists will not drive responsibly, and you can become injured in a car accident. If you have been hurt by a negligent motorist, our Effingham County car accident lawyers at Kicklighter Law can help. Call us at 912-754-6003 or contact us online to learn more and to schedule a consultation. We are located in Springfield, Georgia, and we proudly serve clients throughout Savannah, Effingham County, and the surrounding areas.

Why Do Car Accidents Increase Over Thanksgiving Break?

Thanksgiving is a wonderful time to gather with friends and family to enjoy a traditional turkey dinner with all the fixings. However, it is also one of the most heavily traveled holidays of the year. People who did not see friends and family last Thanksgiving due to COVID-19 travel restrictions are very much looking forward to the holiday this year, despite having to deal with heavy traffic.

Each year, approximately 50 million people travel for Thanksgiving, mostly by car. The increased number of motorists on the roads, combined with a number of other factors, cause car accidents to spike during the Thanksgiving holiday break.

What Are the Main Causes of Thanksgiving Car Accidents?

More motorists on the road means more accidents. However, that is just one of the factors that causes a spike in car accidents over Thanksgiving break. The following are some of the most common causes of car accidents on and around Thanksgiving:

  • Increased traffic: Millions of Americans will be traveling by car this Thanksgiving. Some people only have to drive a few miles to get to the destination, while others may have to travel several hundred miles. Either way, there are significantly more cars on the roadways, which leads to more accidents.
  • Inclement weather: As fall progresses, the weather can be unpredictable. It can also change quickly from rain to freezing rain and snow. Black ice is also extremely dangerous because motorists usually do not see it until they hit the ice with their vehicle and start to skid. Inclement weather can cause road conditions to become unsafe, particularly at night when visibility is also a concern.
  • Drunk driving: Alcohol is often served at Thanksgiving dinner celebrations. In addition, people often gather at restaurants and bars over the course of the week and weekend to see friends who are home from college or to spend time with family who are visiting. Too often, people get behind the wheel of a car after consuming too much alcohol. Drunk drivers have slower reaction times, less coordination, and impaired judgment, which significantly increases car accidents.
  • Drowsy driving: Eating a large meal can leave you feeling tired and sluggish. If you also traveled earlier in the day, you may be exhausted by the end of the day. Driving is one of the top causes of car accidents throughout the year, particularly during Thanksgiving break. The more tired you are, the more likely it is that you could cause a serious car accident.
  • Drivers who are unfamiliar with the area: If you are constantly checking the navigation app on your phone or calling a friend for directions, you will be more likely to be involved in an accident. In addition, if you are not familiar with the area, you may not be aware of sharp curves in the road or other hazards that may cause you to swerve into another lane or slam on your brakes.

How Can I Avoid a Car Accident on Thanksgiving?

You cannot control the way other motorists drive, but you can make safety a top priority and take proactive steps to ensure that you and your passengers arrive at your destination safely. As you prepare for the holiday weekend, keep the following safety tips in mind:

  • Anticipate heavy traffic. Give yourself plenty of time to get to your destination, and try to avoid peak travel times.
  • Be patient. Getting stuck in traffic can be frustrating, but do not take it out on other drivers by tailgating, weaving in and out of lanes, slamming on your brakes, or cutting off other motorists. This will not get you to your destination any sooner.
  • Make sure that your vehicle is in good working order. Have a skilled mechanic check the tire pressure, brakes, the engine, headlights and taillights, and turn signals. Refill any fluids that are running low, and have any repairs done before your trip.
  • Get plenty of rest before driving a long distance. Take plenty of breaks along the way to get out of the car, stretch, and get some fresh air. If possible, share the driving responsibilities with another adult driver.
  • Plan your route. Map out your route before you hit the road so that you have a good idea of where you are going and how long it will take to get there.
  • If you have consumed alcohol, do not drive. Either stay the night where you are, get a ride home with someone who has not been drinking, or call a rideshare service.
  • Wear a seat belt. This may not prevent an accident, but wearing a seat belt is one of the most effective ways you can prevent serious injuries. Make sure that all passengers are buckled up as well.

What Should I Do After a Thanksgiving Car Accident?

Nothing derails a holiday weekend like getting into a car accident. However, knowing what steps to take immediately following the accident can make the ordeal less stressful and overwhelming:

  • Report the accident. Call 911 immediately so that dispatch can send police to the accident scene. They will also send emergency medical technicians if there are injuries. When police arrive at the scene, they will talk to both parties, ask questions about the accident, and write a police report.
  • Seek immediate medical care. Even if you did not suffer a serious injury, it is important that you are examined by a skilled medical professional after an accident. Some injuries do not show up right away, or the adrenaline rush can mask certain symptoms. Failing to seek medical care also sends a message to the other driver and your insurance company that your injury must not be very serious.
  • Take pictures. If you are physically able to do so, take pictures of the accident scene, including the damage to your vehicle, the position of the other vehicle compared to yours, your injuries, any skid marks or debris on the road, and the current weather conditions.
  • Talk to witnesses. If there were people who saw the accident happen, ask if they would be willing to provide an official statement. Ask for their contact information as well.
  • Exchange information with the other driver. You and the other driver should exchange contact information, as well as your driver’s license number, license plate, and insurance information. Keep the conversation with the other driver brief, and avoid saying anything that can be interpreted as an apology, as this can be used against you by the other driver’s insurance company.
  • Contact your insurance company. Notify your insurance company that you were involved in an accident.
  • Call a lawyer. A lawyer will assist you with the claims process and protect your rights.

Possible Damages

If you were injured in a car accident over Thanksgiving break and the other driver was at fault, you may have legal options. Whether the motorist was drunk, drowsy, or failed to use extra caution during inclement weather, you may be able to recover the following damages:

  • All related medical expenses
  • Lost wages
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of consortium

Speak to a lawyer to determine if you are eligible to pursue damages.

Effingham County Car Accident Lawyers at Kicklighter Law Advocate for Clients Injured Over the Thanksgiving Holiday Break

Thanksgiving is a great time to gather with friends and family, but it is also a dangerous holiday for motorists. If you have been injured in a Thanksgiving collision, our Effingham County car accident lawyers at Kicklighter Law can help. Call us at 912-754-6003 or contact us online for a consultation. Located in Springfield, Georgia, we serve clients throughout Effingham County, Savannah, and the surrounding areas.

Are There More Car Accidents After the End of Daylight Saving Time?

On Sunday, Nov. 7, the clocks turn back an hour in the early morning hours to mark the end of daylight saving time (DST). While many people relish the idea of getting an extra hour of sleep, it also means that darkness falls much earlier. It can take some time for your mind and body to adjust to the disruption in your sleep cycle, even if the disruption means that you are getting one extra hour of sleep.

When the body’s internal clock, also known as the circadian rhythm, is disrupted, it can leave you feeling a bit tired and sluggish. This, combined with the fact that it is suddenly dark around 5:00 p.m., is just one reason why there is an increase in car accidents immediately following the time change. Reduced daylight, inclement weather, wet leaves, debris on the road, and foggy conditions can all increase the risk of a serious accident following DST.

What Are the Dangers of Drowsy Driving?

According to a poll conducted by the National Sleep Foundation, approximately 60 percent of adult drivers said that they had driven while drowsy in the past year. In addition, the Centers for Disease Control and Prevention (CDC) conducted a survey which found that one in 25 adult drivers had fallen asleep behind the wheel over the course of a one-month period. This is a troubling statistic for a couple of reasons. First, the actual number of motorists who drive drowsy is likely much higher because drowsy driving is largely underreported. In addition, it is difficult to determine whether drowsy driving caused an accident.

Studies also show that drowsy driving can be just as dangerous as drunk driving. In fact, when a motorist is awake for at least 18 hours straight, it can have the same effect on the body as having a blood alcohol content (BAC) level of 0.05 percent. Being awake for 24 hours or more is like having a BAC of 0.10 percent, which is higher than the legal limit of 0.08 percent.

Like alcohol, extreme fatigue can impact your ability to focus and concentrate on the road, as well as your coordination and ability to react to another driver or an unexpected traffic event. Fatigue can also affect your mood, causing you to become irritable or short-tempered while driving. As a result, you may be more likely to tailgate if you are running late, cut off other drivers, swerve in and out of lanes, or make rude gestures at another motorist. Drowsiness can also increase the effects of alcohol, even if the driver only had one or two drinks.

How Do I Reset My Internal Clock After the Time Change?

In anticipation of the time change, there are some steps you can do to minimize the disruption to your circadian rhythm and reset your internal clock, including the following:

  • Stick to a routine each day, particularly during the days leading up to and following the time change.
  • When possible, spend time outdoors while it is still light outside.
  • Get regular exercise, including at least 20 minutes of aerobic exercise each day.
  • Make sure that your sleep environment promotes sleep. Adjust the temperature to a cooler setting, turn the lights off, and avoid looking at your phone or any other type of screen, as the blue light can prevent your brain from “shutting down.”
  • Avoid drinking any caffeinated beverages, alcohol, or nicotine before going to bed.
  • Read a book or meditate before going to bed.
  • Even though you may feel tired during the late afternoon or early evening hours following the time change, avoid taking a nap, as this can make it difficult to fall asleep and stay asleep at bedtime.

What Safety Tips Should I Keep in Mind After the Time Change?

Fatigue, sluggishness, and lack of concentration are more often associated with losing an hour of sleep when we spring ahead in March. However, anytime there is a disruption in the body’s natural sleep cycle, it is going to affect you physically, mentally, and emotionally. This also means that you are more likely to get into a car accident in the days following the time change. To prevent this from happening, keep the following tips in mind.

Be Aware That it Takes Time to Adjust

Changing the clocks means that it is suddenly dark by 5:00 p.m. the very next day. It takes some time to get used to driving in the dark, particularly during rush hour when traffic is heaviest.

Follow Nighttime Driving Safety Tips

Some nighttime driving safety tips include:

  • Make sure that your windshield is clean. Dust on the inside or outside of the glass can create a glare and impact visibility.
  • Make sure that your headlights, taillights, and turn signals are working properly. Turn your headlights on at least one hour before sunset.
  • Watch out for wet leaves and other debris in the road. The leaves that have started to fall can be very slippery. They can also cover potholes and cracks in the road. If you hit a large pothole, you could lose control of your vehicle and get into a serious accident.
  • Do not look directly at the headlights from oncoming cars. Look down and to the right to avoid being blinded by the other vehicle’s headlights.
  • Pay attention to reflections that you see, as this could be an animal’s eyes. Slow down to avoid hitting the animal.
  • Avoid driving if you start to feel drowsy. If you have to drive, open your window, and for longer trips, take breaks, or pull over and take a short nap.

Get Enough Sleep

You may be surprised at how long it takes the body to adjust to an added hour of sleep, but the body’s internal clock takes some time to reset itself. In fact, for people who work a traditional job, it can take several days to fully adjust to the time change. Make sure that you are getting the recommended seven to eight hours of sleep each night, particularly during the nights leading up to the time change and for several nights after the time change.

Make Sure That Your Vehicle Is in Good Working Order

As the seasons change, it is always a good time to bring your vehicle in to have it inspected. A skilled mechanic will make sure that your tires are properly inflated, the brakes are in good condition, and the headlights and taillights are all working. In addition, they will check all of the vehicle’s fluid levels and replenish those that need to be refilled.

Keep an Emergency Kit in Your Car

While this will not prevent an accident, it will ensure that you are prepared for an emergency situation. An emergency kit should include the following:

  • Warm blanket
  • Extra clothing
  • Bottled water
  • Ice scraper
  • Shovel
  • Sand or kitty litter
  • Cellphone charger
  • Flashlight with extra batteries
  • Non-perishable food items
  • Basic tool kit
  • First-aid kit

Springfield Car Accident Lawyers at Kicklighter Law Represent Clients Injured in Car Accidents Related to the Time Change

It is important that all drivers prepare for the time change, but you should not expect that every motorist will drive safely. If you were injured by a drowsy driver, you are urged to contact our Springfield car accident lawyers at Kicklighter Law as soon as possible. To schedule a confidential consultation, call us today at 912-754-6003 or contact us online. We are located in Springfield, Georgia, and we serve clients throughout Effingham County, Savannah, and the surrounding areas.

What Impact Does Gender Have on Car Accident Fatalities?

According to recent data from the Insurance Institute for Highway Safety (IIHS), men are more likely to be fatally injured in a car accident compared to women. Many of these tragic accidents are preventable if all motorists followed the road rules.

There are a number of reasons why men are more likely to be involved in a fatal car accident, and those reasons generally fall into two categories: biology and culture. The differences between men and women are countless, but when it comes to driving, behavior behind the wheel is impacted largely by the effects of testosterone versus estrogen, as well as a number of deeply ingrained cultural and gender influences.

Effects of Testosterone

There are pros and cons when it comes to the impact that testosterone has on the body relating to driving. Higher levels of testosterone can contribute to an increase in visual processing, which is the brain’s ability to understand the images that are registered by your eyes, as well as spatial awareness. Visual processing allows you to interpret road conditions and react quickly to other motorists or other unpredictable road hazards.

Spatial awareness is the ability to understand the difference between yourself and other motorists, bicyclists, or pedestrians who are sharing the road. Variations in spatial awareness can be difficult to detect and measure. Oftentimes, people are unaware that a misjudgment in spatial awareness contributed to the accident. Testosterone can also have an impact on the driver’s overall temperament. While this does not mean that all men are aggressive drivers, it does mean that men are more likely to feel overconfident and take unnecessary risks while driving.

Effects of Estrogen

Estrogen has an impact on a woman’s overall physical and emotional health. It also influences the way she drives. For example, estrogen is known to increase a woman’s ability to concentrate on the road and avoid becoming easily distracted. Increased estrogen levels are also associated with improved memory, which means female drivers are more likely to remember how to get to certain places, as well as alternate routes if there is heavy traffic, and the amount of time it takes to get to those destinations. Estrogen does not seem to have any negative effects on women relating to driving.

Cultural Differences Amongst Genders

Cultural differences between men and women also play a key role in driving behavior. For example, from a very young age, boys are encouraged to play with toy cars and trucks. As a result, as boys get older and learn to drive, there is often a lingering concept that cars are toys as opposed to large vehicles that can be extremely dangerous if the driver is distracted, drunk, or engaging in any other unsafe behavior, like speeding.

Many video games feature race cars that are destroyed, and drivers that steal cars. This can have a significant influence on the way young men think about cars, the overall driving experience, and how their behavior behind the wheel impacts other motorists. For example, men are more likely to speed than women, which means that they are more likely to suffer life-threatening or fatal injuries. Younger men, including those who are under 34 years old, are almost twice as likely to suffer a fatal injury in a speeding-related car accident compared to women.

Men and women also have very different purchasing habits. For example, women tend to do more research when they are buying a car and often have a clearer idea of what they are looking for when they arrive at a dealership. In addition, women are more likely to prioritize safety, reliability, and convenience compared to performance and style. As a result, women tend to drive cars that are safer and more reliable, which means they are less likely to be involved in a serious or fatal car accident. Men are also less likely to consistently wear a seat belt when they are driving.

What if I am Injured in a Car Accident?

Regardless of the gender of the at-fault driver, there are a number of factors that you should keep in mind, particularly if you plan to pursue a personal injury lawsuit:

  • Report the accident. Any time you are involved in a car accident that causes injuries or fatalities or results in $500 or more in property damage, you must report the accident.
  • Georgia car accident statute of limitations. In the state of Georgia, you must file an injury claim within two years of the date of the accident. If the car accident caused a fatality, you must file a wrongful death lawsuit within two years of the date of the person’s death. If you fail to meet this deadline, your claim will most likely be denied.
  • Georgia is a modified comparative negligence state. Comparative fault means that you can recover damages from the other party if they are at least partially at fault. Modified comparative negligence means that you can recover damages if the other driver was more at-fault than you. However, the amount of damages you will be eligible to collect will be reduced by the percentage at which you were considered at fault. If you were more than 50 percent at fault, you will not be able to recover any financial damages.

It is important to understand that comparative negligence applies to civil lawsuits that are brought against the at-fault driver. Before it gets to that point, you will file a personal injury claim with your insurance company. The claims adjuster will review the details of the accident and negotiate a settlement offer. There is no precise method to determine precisely how much you and the other driver are liable for the accident. Ultimately, this will be based on your ability to negotiate a strong case with the claims adjuster during a personal injury claim, or how well you are able to convince a judge or jury in a personal injury lawsuit.

While men may be more likely to get into a serious accident, what matters most is what happens immediately following a collision. It is imperative that you call 911 so that police and first responders can get to the scene and you can get medical attention. It is also important that you contact an experienced lawyer who can negotiate the best possible settlement offer for you.

Our Effingham County Auto Accident Lawyers at Kicklighter Law Represent Motorists Who Have Been Injured in Car Accidents

If you were seriously injured in a collision, you are urged to contact one of our Effingham County auto accident lawyers at Kicklighter Law as soon as possible. Whether the motorist that hit you is male or female, we will conduct a thorough investigation to determine who caused the accident. To schedule a consultation, call us today at 912-754-6003 or contact us online. We are located in Springfield, Georgia, and we serve clients throughout Effingham County, Savannah, and the surrounding areas.

Why Should I Avoid Posting on Social Media After a Car Accident?

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Social media platforms allow users to stay connected with friends and family. However, if you are involved in a car accident, your social media posts can provide the other driver’s legal team with a plethora of evidence that can be used against you. Even the most seemingly innocent post or photo can be taken out of context, misconstrued, or twisted to make it seem like your injuries are not serious. An experienced lawyer will discuss the risks of posting on social media and will likely recommend that you close all of your accounts until your claim has been settled.

How can Social Media Posts Jeopardize My Case?

Getting into a car accident can be a stressful and traumatic experience, particularly if you suffered serious injuries. After the accident, you will likely want to let friends and family members know that you were injured in a car accident. The quickest and easiest way to do that is through social media. Rather than make multiple phone calls or send numerous emails, you can inform friends and family about your accident through social media.

Unfortunately, what you may not realize is that every picture and comment you post on various social media platforms will be examined by the other driver’s legal team. They will take a seemingly harmless post and find ways to use it against you during the claims process.

Comments can be interpreted as admitting fault. After an accident, it is completely normal for you to want to post about the accident, such as how it happened and whether you suffered serious injuries. However, your comments will be reviewed closely by the other driver’s insurance company and legal team. This is particularly true if you post a comment that sounds like an apology. Unfortunately, simple statements will likely be used against you, despite your intentions.

If the at-fault driver’s defense team is able to use social media posts against you, they may be able to reduce the financial compensation you are entitled to due to the contributory negligence laws. This statute states that if the injured party is partially liable for causing the accident, a judge will determine their percentage of fault. The financial damages awarded will be reduced by that percentage.

Discussing details of the accident negatively impacts confidentiality. When you discuss the details of the accident with your legal team, all of those conversations are confidential. However, once you start to share information about the accident, the claims process, or your settlement on social media, those comments become public statements. This includes any of the following content:

  • The circumstances of the accident.
  • Injuries you suffered from the accident.
  • Your mental state.
  • Medical conditions you suffer from.
  • You emotional health.

If you are recovering from injuries that you suffered in a car accident, it may be tempting to post updates about your condition on your social media platforms. If you went out to dinner with friends who wanted to cheer you up after the accident, it is normal to want to post these as well. However, the defense team will point to these posts and argue that your injuries are not as serious as you claim. For example, photos of a night out with friends that is meant to lift your spirits can be used as ammunition. Keep in mind that a single photo or a comment on social media can be taken out of context. The picture of you out with friends will not show that you were actually smiling through intense pain or that you left early because of your injury. It is the job of the at-fault driver’s legal team to protect their rights and uncover every piece of evidence they can to avoid a costly settlement.

Simply being active on social media can impact your case. Even if you did not post comments or pictures having to do with the accident, if you stay overly active on social media, the other driver’s legal team may argue that active presence must mean that your injury is not particularly serious and that it has not had a major impact on your physical and mental well-being. While your lawyer will likely argue that you are active on social media because you are at home recovering from your injury, you should be prepared for the defense team to use any evidence they can to undermine your claim.

Social media check-ins can jeopardize your claim as well. Certain social media platforms will show your location on your feed when you check into a class, restaurant or event. For example, if you check yourself in for a yoga class or a spin class at the gym, the location will show up on your social media. This will also happen if you go to a restaurant or bar with friends. If you post a photo or a comment, some platforms will show that you checked in to that location. The other driver’s defense team will be able to access this information and use it to build their case against you.

Do not minimize your physical injuries. No one wants to be in extreme pain, and there are prescription and over-the-counter pain relievers that are effective at reducing pain. However, if you take pain medication so that you can attend a party or an event, photos of you can appear on social media whether you posted them or someone else did and tagged you. This can be damaging to your claim if you appear to be enjoying yourself. The defense team can use these photos as evidence that your injuries must not be serious if you can attended a party or a sports event.

Similar to the comments or photos you post on social media, the things that your friends and family members post can damage the outcome of your claim. For example, they may not realize that a comment made in jest about your driving skills can be used against you by the defense. In fact, if the defense team sees a comment like this on a friend or family member’s social media, they may interview that person and learn that you have a history of getting into car accidents. This will only hurt your case. Speak to your friends and family, and ask that they refrain from posting anything on their social media platforms that have to do with you or the accident until your claim has been settled.

Is it Possible to Use Social Media Without Damaging My Claim?

If you are in the process of filing a car accident claim, it is better to be safe than sorry when it comes to social media. In order to prevent the other driver’s legal team from finding information on social media that can be used against you, make sure there is nothing for them to find. That means closing all of your accounts until your claim has been settled. If that is not possible, keep the following tips in mind:

  • Turn on the strictest privacy settings available.
  • Deny all new requests.
  • Do not post information that could be problematic. Avoid posting any photos.
  • Make sure that family and friends avoid, including any information about you on their profiles.

Our Car Accident Lawyers at Kicklighter Law Help Those With Personal Injury Claims Avoid Social Media Pitfalls

If you were injured in a car accident, do not let a social media post derail your settlement. Our car accident lawyers at Kicklighter Law will determine who is responsible for the accident and assist you with the claims process. In order to reach a successful settlement, it is highly recommended that you avoid making any social media posts. To schedule a consultation, call us today at 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients throughout Effingham County, Savannah, and the surrounding areas.

Why Do Car Accidents Increase on Labor Day Weekend?

Labor Day weekend marks the final days of the infamous 100 Deadliest Days of Summer, which starts on Memorial Day weekend. During this time, there is generally a significant spike in car accidents due to a number of factors, including heavy traffic, an increased number of inexperienced teenage drivers on the road, and road construction.

With the travel restrictions lifted, more people are packing up their cars and taking road trips to visit friends and family. However, even the best summer travel plans can be derailed by a serious car accident. By understanding some of the common causes of car accidents, motorists can take proactive steps to avoid serious collisions over Labor Day weekend.

What are Common Causes of Car Accidents on Labor Day Weekend?

Labor Day holiday weekend has a spike in car accidents. According to the Georgia State Patrol, 19 people were fatally injured in car accidents over the 2020 Labor The following are some of the most common causes of car accidents that occur on Labor Day weekend:

  • Increased number of motorists on the road: Traffic is generally higher during the summer, particularly on weekends when people are traveling to and from their vacation destinations. Since Labor Day is the unofficial end of summer, many travelers head to the beach, the lake, or other outdoor spots to get the most out of the last few days of summer. However, the increased traffic means that there is an increased risk of being involved in a serious car accident.
  • Drunk driving: The holiday weekend also means that there are parties, barbecues, and family get-togethers where alcohol is served. Too often, people get behind the wheel after having too much to drink, which can have devastating consequences. Even a small amount of alcohol can cause impairments.
  • Distracted driving: Texting and talking on the phone, reaching for something in the back seat, and interacting with other passengers in the vehicles are all examples of distracted driving. On Labor Day weekend, motorists have been known to engage in a range of distracted driving behaviors, including texting, posting a picture on social media, or changing the song selection. Unfortunately, even a few seconds of distracted driving can have serious consequences.
  • Inexperienced drivers: Over the holiday weekend, the number of inexperienced teenage drivers increases dramatically. It is the last weekend of the summer, so young drivers often plan day trips or weekend getaways with friends. However, motorists with limited driving experience are not always able to react quickly to unexpected situations. The lack of experience can increase the risk of a serious accident.

What Steps can I Take to Avoid a Labor Day Car Accident?

Fortunately, there are steps that motorists can do to stay safe while traveling over Labor Day weekend. Motorists are urged to keep the following safety tips in mind:

  • Do not drink and drive. Motorists who will be attending parties or events where alcohol will be served should pick a designated driver or arrange for a ride home from a rideshare service.
  • Plan the driving route. Even with navigation systems, it is a good idea to be familiar with the route, particularly for long trips.
  • Allow extra travel time. Motorists are likely to experience heavier than usual traffic, so they should give themselves extra time to reach their destination. This can avoid unnecessary speeding, tailgating, weaving in and out of lanes, and aggressive driving.
  • Avoid distractions. According to the National Highway Traffic Safety Administration (NHTSA), it takes an average of five seconds to send or read a text. If the motorist is driving at a speed of 55 miles per hour, that is comparative to driving the length of an entire football field.
  • Check the weather report. Heavy rain can cause roads to become wet and slippery, which can increase the risk of hydroplaning. Extreme sun glare can also be dangerous, particularly during rush hour. Motorists should keep their windshields, side mirrors, and windows clean at all times, wear polarized sunglasses, and keep their headlights on so other drivers can see the vehicle.
  • Prepare the vehicle. If motorists plan to take a road trip, it is essential that the vehicle is in good working order. That means checking the tires, brakes, lights, the cooling system, wiper fluid, battery, and all off the belts and hoses. Before the scheduled trip, the motorists should have the vehicle inspected by a skilled mechanic to ensure that everything is working properly and that there are no repairs that need to be made.
  • Drive defensively. Even the safest, most responsible driver cannot control how other motorists drive. Motorists should always pay close attention to the road, avoid tailgating, maintain a safe driving speed, and always use their signals properly.
  • Use extra caution when driving near large trucks. When driving near a large commercial truck, be aware of their large blind spots. If the motorist cannot see the truck driver in their mirror, the truck driver cannot see the car. Never cut in front of a large truck; this can cause a devastating rear-end accident since trucks require significantly more road space to slow down. In addition, motorists should not tailgate a large truck. If the truck driver brakes suddenly, the following car could crash into the rear of the truck. 

What Should I Do if I am in a Car Accident Over Labor Day Weekend?

If a motorist is injured in a car accident over the Labor Day weekend, they may pursue a personal injury claim against the at-fault driver. A successful claim will ensure that the injured victim receives financial compensation for the property damage and injuries caused by the accident.

When filing a personal injury claim in Georgia, the claim must be filed within two years of the date of the accident. If the accident resulted in a fatality, the statute of limitations is two years from the date of the victim’s death. If a claim is filed after the deadline has passed, it will likely be denied and the case dismissed.

How Does Comparative Negligence Work in Georgia?

Comparative negligence is a legal theory used when more than one party may be partially at fault for causing an accident. If someone files a lawsuit against another driver, they may recover financial damages from the at-fault party. However, the amount of damages will be reduced by the percentage that corresponds to their shared liability. For example, if a motorist is driving 40 miles per hour in a 25 miles per hour zone and is hit by another driver who was texting, the driver who was hit will be eligible for financial compensation. However, since the driver who was hit was exceeding the speed limit at the time of the accident, the jury or an adjuster may determine that the at-fault driver was 80 percent responsible, and the injured motorist was 20 percent responsible. It is important to note that Georgia’s modified comparative negligence rule states that if the injured party is 50 percent or more at fault, they will not be able to recover any damages.

Contact the Kicklighter Law team at 912-754-6003 
to schedule a consultation!

Effingham County Car Accidents Laywers At Kicklighter Law, Represent Clients Injured in Labor Day Accidents

If you were seriously injured in a car accident over the Labor Day holiday weekend, do not hesitate to contact our Effingham County car accident lawyers at Kicklighter Law. We will determine who is responsible for the accident. To schedule a confidential consultation, call us today at 912-754-6003 or contact us online. We are located in Springfield, Georgia, and we proudly serve clients throughout Effingham County, Savannah, and the surrounding areas.

What Should I Do if I am in a Collision While on Vacation?

Getting into a car accident while away on vacation can greatly interrupt a getaway, but it can also impact a person’s life. If a vacation car accident does occur, those involved will be concerned about accessing unfamiliar services, like different medical facilities and auto body shops. Knowing what to do before heading out for a trip is a proactive way to prevent the situation from getting much worse.

Immediately after a serious auto collision while on vacation in the United States, the first step to do is to call 911. If anyone is injured in the crash, they should not be moved, and all passengers should be checked over for injuries. Once help arrives, they will decide if emergency services are required, but people should not refuse services simply because they do not want to deal with going to a medical facility.

If possible, the vehicles involved should be safely moved away from traffic. Then, the hazard lights can be turned on, and the vehicle should be turned off. While waiting for police officers and medical assistance, it is wise to record pertinent information. Those involved can take photographs of the other vehicle’s license plate as well as pictures of skid marks, weather conditions, and anything else that might show what caused the collision.

Once law enforcement officers arrive, they will have questions that need to be answered. It is best to provide factual responses, and it might also be better to wait for them to get there before exchanging information with the other drivers. One never knows if another driver or passenger will become violent. Now is also the time to contact the auto insurance provider to inform them about what happened.

Why Should I Seek Medical Care Right Away?

Even if the injuries appear to be minor, waiting until one is back home to seek treatment is ill-advised. The effects of serious injuries, like concussions and whiplash, may not be apparent until later. Besides that, the body often has delayed reactions to trauma, which can mask the pain of hidden injuries. People who wait too long to get medical help can also face problems when it comes time to making an insurance claim because the provider may assert that the injuries were not serious enough to get immediate medical care.

It can be frightening to go to a strange medical facility, but quality ones can be found with a little perseverance. A quick internet search can be helpful, and it might also be wise to contact friends or relatives who may live in those areas. Injured parties can also contact their health insurance provider to get referrals.

When being treated by an unfamiliar provider, it is wise to have any applicable medical records sent from the victim’s primary and specialized providers from back home. Not having current information about allergies, prescriptions, medical conditions, and recent procedures could be detrimental to a patient’s treatment plan. Keeping this in mind, it is a good idea to carry a medical card that includes this information in one’s wallet at all times.

What if a Rental Car is Involved?

If the car involved in the accident is a rental vehicle, the rental agency also needs to be contacted right away. Many people purchase additional insurance from these companies when renting their cars, but regular auto insurance companies often include rental car coverage in their policies. When these kinds of crashes happen in hotel parking lots or other locations, the property owner will need to be notified as well.

Family members can be notified, but it is not a good idea to post details about the accident online, especially on social media. Insurance companies may have access to these postings and may try to use them as evidence to get out of giving an injured party compensation. If a person gets in a serious car accident while on vacation, makes a claim, continues their vacation, and posts photographs on social media of them having a good time, the insurance company might challenge the injury claim.

Vacation car accidents can also incur added expenses that add up quickly. If the vacation has to be cut short, there may be fees for changing flights or other means of transportation. Health insurance providers are known to charge extra out-of-network fees for medical care too.

On top of all those costs, some accident victims are too injured to return home for a long period of time, and they could have to pay more money for additional hotel room nights. No matter what the expenses entail, it is important to keep accurate records, including medications and hotel stays.

What Should I Do if I am in a Car Accident in Georgia?

Georgia is a popular vacation state with well-known tourist destinations, like Atlanta, Athens, and Savannah. A good number of traffic accidents occur on the main highways and backroads. Some of the main reasons for a collision while on vacation in the state include speeding, reckless driving, distracted driving, inexperienced drivers, poor weather conditions, and driving under the influence of alcohol or drugs. Some of the most common car accident injuries include whiplash, broken bones, head and neck injuries, brain and spinal cord injuries, scarring, disfigurement, and paralysis.

If compensation is possible, the amount will depend on state laws. Georgia is a modified comparative state. This means that judges and juries will determine if a plaintiff’s actions contributed to the accident. If a driver is found to be less than 50 percent at fault, they may be able to receive damages. If drugs or alcohol contributed to the collision, recovery might not be possible.

Georgia is a fault state, which means that drivers are required to file claims with their own insurance provider. In addition, injured drivers may not be allowed to sue liable motorists unless the medical expenses and medical conditions meet certain thresholds.

Georgia has other auto accident laws to be aware of as well. The statue of limitations for a plaintiff to initiate a lawsuit depends on the injuries and type of case, but this does not apply to auto insurance claims. Individuals have up to two years to file a personal injury claim, no matter if they were driver, a passenger, a pedestrian, bicyclist, or motorcyclist. This time limit is the same for wrongful death claims as well.

Someone who lives in a different area and gets into a collision while on vacation in Georgia might also want to learn about how the state’s car insurance works. Like other states, drivers are required to carry specified minimum amounts of liability coverage, and not every driver follows the applicable laws. Someone who is traveling through Georgia and gets into a collision can get help by contacting a local car accident lawyer for legal advice.

Contact the Kicklighter Law team at 912-754-6003 
to schedule a consultation!

Our Lawyers Help Those File Injury Claims After a Collision While on Vacation

If you were involved in a collision on vacation, get in touch with the skilled car accident lawyers at Kicklighter Law. We are familiar with the area, Georgia state laws, and many different car accident scenarios, and we will protect your rights. For a consultation, complete our online form or call us today at 912-754-6003. We are located in Springfield, Georgia, and we serve clients throughout Effingham County, Savannah, and the surrounding areas.

One Death, 17 Injuries from I-95 Multi-Vehicle Accident

The driver of a tractor trailer lost control of his truck Saturday afternoon on I-95 in Camden County, Georgia, and crossed out of his lane, striking a Volkswagen Tiguan that was also travelling northbound, leading to a multi vehicle crash.

The truck and car travelled over the median and guardrail into oncoming traffic on the highway’s southbound lanes, striking another four vehicles.

The multi vehicle crash shut down the southbound lanes of I-95 for over six hours.

The driver of the VW, a 67-year old woman from Jupiter, Florida,  was killed and 17 others injured when the driver of a tractor trailer lost control of his vehicle Saturday afternoon on Interstate 95 in Camden County.

A Kingsland police officer travelling on I-95 when the accident occurred is credited with pulling an unconscious man from a burning vehicle. Seventeen people from the vehicles involved were transported by ambulance or helicopter to Southeast Georgia Health System Brunswick, Camden Campuses, and UF Shands Hospital in Jacksonville. The driver of the truck was also hospitalized.

Victims in truck accidents need an advocate. Insurance carriers will naturally try to minimize a claim to control their profit margins, but that does not mean a victim has to settle for it. At Kicklighter Law, based in Springfield, Georgia, attorneys have over 35 years experience, trying over 1,000 cases and 100 jury trials. We serve clients in Springfield, Effingham County, Savannah and surrounding communities. If you have been injured in a multi vehicle crach, call the office for a consultation at 912-754-6003 or contact us online.

Major Factors that Cause Car Accident Fatalities

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According to the National Safety Council, “[Over Memorial Day Weekend,] car travel has the highest fatality rate of any major form of transportation based on fatalities per passenger mile.” Per their research, alcohol consumption and failure to wear a seatbelt were two major factors of car accident fatalities over Memorial Day Weekend. Discover the details:

Alcohol Consumption Increases Holiday Travel Fatalities

Millions of people plan a fun beach weekend getaway or a trip to see their in-laws in a neighboring state. While alcohol may be a common staple to holiday weekends, it’s best to celebrate these weekends wisely. More people are on the road traveling increases the chance of collisions, injuries, and fatalities. It is vital that you do not drive while intoxicated, as that can severely affect your reaction times and decision-making skills. Here are a few suggestions to keep yourself and others safe while traveling over Memorial Day Weekend:

  • Designate a driver if you choose to drink.
  • Don’t drive after dark, if possible.
  • Always wear your seatbelt.
  • Leave plenty of space between you and other vehicles.

When you are traveling over Memorial Day Weekend, make sure you are keeping an eye out for a drunk driver. Read one of our most recent blogs detailing how to spot a drunk driver and avoid a car accident.

Wearing a Seatbelt Decreases Your Chance of Fatality in a Car Accident

Using a seatbelt can drastically decrease your chance of injury or death, as it prohibits your body from being thrown from the vehicle or hitting the dashboard in the event of a car accident. According to the National Highway Traffic Safety Administration (NHTSA), using a seatbelt reduces the risk of:

  • Front seat passenger car occupant deaths by 45%
  • Front seat passenger car occupant moderate to critical injuries by 50%
  • Front seat light truck occupant deaths by 60%
  • Front seat light truck occupant moderate to critical injuries by 65%

A quick click of your seatbelt can save your life and reduce the likelihood of injuries in the event of a car accident! Always wear your seatbelt, and make sure that children are in appropriate car seats or booster seats to maximize their safety.

Have you been injured in a car accident? Call our team today: 912-754-6003

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