Who is At Fault for a Multi-Car Accident?

A multi-car accident is one in which three or more vehicles are involved. This is often the result of a chain reaction event where one car collides into the vehicle in front of them, causing one or more of the trailing vehicles to crash into the cars in front of them. A multi-vehicle accident could involve several passenger cars, or there could be commercial trucks and motorcycles involved as well.

This type of event often happens when traffic is moving at a fairly high speed and the drivers do not have enough time to slow down and avoid colliding into the car in front of them. There are other things that can trigger a multi-car event as well, such as a tractor-trailer that jackknifes and blocks several lanes of traffic, leaving nowhere for the approaching vehicles to go.

Determining Liability for a Multi-Vehicle Collision

By their very nature, multi-car accidents are complicated events. There are at least three drivers that are directly involved, and there are also numerous parties other than the drivers who could play a role in the accident.

For example, if there is an 18-wheeler involved, then fault may lie not only with the driver, but potentially with a driver’s employer, the cargo/shipping company that might have overloaded or unevenly loaded the truck, or the party that was supposed to perform maintenance on the truck. A government entity could be involved if the accident resulted from poorly maintained roads, or perhaps a highway construction zone in which drivers were not properly warned to slow down.

Faulty vehicles or vehicle parts could also play a role in a multi-vehicle accident. For example, maybe the lead vehicle had a set of newly installed tires and one of them blew out and caused a chain reaction accident, or maybe the car had a set of newly installed brake pads that failed to stop the vehicle when reacting to a car slowing down in front of them.

Every case is unique, and with so many potential factors at play, an extensive investigation is required in order to get to the bottom of exactly what happened and determine who was to blame. Among the things that may be looked at include:

  • The police report from the accident.
  • Photos from the accident scene showing skid marks, vehicle damage, vehicle debris, and other relevant evidence.
  • The testimony of any individuals that witnessed the event.
  • Any video footage that may be available from dashboard cameras or nearby traffic lights.
  • Phone records that may show that one or more of the drivers was texting at the time of the crash.
  • Records of any other traffic violations (such as speeding, tailgating, or being legally intoxicated) committed by any of the drivers.

If it is a chain reaction multi-car crash, the first car to rear end the car in front of them is often viewed as the one at fault. This is because this driver is usually seen as the one who was most able to avoid the collision. It is not always that simple, however, especially these days with so many people on their cell phones.

For example, the crash could have occurred because the lead driver was completely stopped at a green light (while completely focused on their phone) and did not realize that the light had turned green. The driver that rear-ended them may have assumed that all the vehicles in front of them were moving because the light was green. In a case like this, partial fault may be assigned to multiple parties for their contributions to the crash.

Comparative Fault in Multi-Vehicle Accident Cases

Even if a driver is partially at fault for a multi-car crash, they may still be able to recover damages if the state in which the accident occurs applies some type of comparative negligence standard. Georgia uses a modified form of comparative negligence which allows an injured party to recover compensation as long as they are less than 50% responsible for the underlying accident. However, their damage award is reduced in proportion to the percentage of fault they share. For example, if you sustained $100,000 in losses and you are found to be 30% at fault for the accident, your damages would be reduced by $30,000 down to a total of $70,000.

Another thing you have to think about with these types of cases is the fact that there could be several injured parties and their combined losses could exceed insurance policy limits. This is one of many reasons it is important to get an experienced attorney involved as early as possible, so your right to recover maximum compensation can be protected.

Injured in a Multi-Car Pileup in Atlanta? Contact Ross Moore Law for Assistance

If you or someone close to you got hurt in a multi-vehicle accident in Georgia, Ross Moore Law is here to help. call our office today at (404) 905-3146 or message is online for a free consultation and case assessment with our attorney. We look forward to serving you!

What Percentage of Car Accidents Are Caused by Human Error?

Each year, nearly 40,000 Americans are killed in auto accidents. An additional 4.4 million Americans suffer vehicle accident injuries that are serious enough to require medical attention. Traffic related crashes are the leading cause of death in the US for individuals between the ages of one and 54, and according to the Association for Safe International Road Travel (ASIRT), the growing epidemic of car accident fatalities and disabilities is becoming increasingly recognized as a major public health concern.

According to a 2016 study by the National Highway Transportation Safety Administration (NHTSA), somewhere between 94% and 96% of all car accidents are caused by human error. The results of the studies seem to argue in favor of the use of self-driving technology to eliminate the human element and significantly reduce the number of auto accident injuries and fatalities each year.

We still have a ways to go before self-driving cars will be ready to fully replace human drivers, but some of the technologies introduced in newer vehicles are already helping to keep motorists safer. These include backup cameras, blind spot detectors, lane departure warning sensors, forward collision warning sensors, and adaptive headlights. Safety features like these will be commonplace in the vehicles of the future, and someday, it is likely that vehicles will be at least partially if not fully automated.

What are the Most Common Causes of Car Accidents?

Of the 94% to 96% of auto accidents that result from human error, the NHTSA lists several factors that often contribute to these accidents:

  • Distractions: Distracted driving is quickly becoming one of the leading causes of motor vehicle accidents. In our modern age, people have a constant need to “stay connected”. And when they are driving, they are often tempted to quickly look down at their phone to read or send a text message. But even looking away from the road for a few seconds can result in disastrous consequences.
  • Drowsiness and Fatigue: A surprising number of Americans drive when they are tired or sleepy. According to a National Sleep Foundation study, about half of all US adult drivers admit to driving while they were feeling drowsy. 20% admit to falling asleep behind the wheel at some point during the past year, and 40% admit to falling asleep at the wheel at least once during their driving careers.
  • Aggressive/Reckless Driving: A large number of motor vehicle accidents are caused by aggressive driving behaviors that sometimes cross over into recklessness. Examples include speeding, tailgating, weaving in and out of lanes, running stop lights and stop signs, making dangerous or illegal turns, dangerous or illegal passing maneuvers, and many others. These types of behaviors greatly increase the chances of a car crash.
  • Alcohol: After several decades of high-profile public awareness campaigns, almost all drivers are aware of the dangers of getting behind the wheel after having too much to drink. Unfortunately, a high number of motorists still drive drunk. Chemical impairment has been shown to slow reaction times and generally result in very poor driving decisions.
  • Third-Party Negligence: Sometimes, auto accidents are caused by parties that are not directly involved in the crash. For example, something could go wrong with the vehicle while it is on the highway, such as the tire blowing out or the brake line failing. This could be the fault of the party responsible for maintaining the vehicle or the manufacturer, supplier, or distributor of a faulty vehicle or vehicle part. Poor road conditions that are caused by negligent road maintenance could also play a role in a vehicle crash.

Holding Responsible Parties Accountable for a Car Accident

When someone gets injured in an auto crash that was caused by someone else’s error or negligence, they deserve to be fully compensated. This is very important not only so the victim can be “made whole”, but also to help ensure that those who cause auto accidents are held fully accountable. When those who are responsible are made to face the consequences of their actions, it provides a very strong incentive to drive more safely in the future.

Injured in a Car Accident in Atlanta? Contact an Experienced Attorney

If you or someone close to you got hurt in a vehicle crash, you need strong legal counsel by your side fighting hard to get you the compensation you deserve. In the Atlanta area, contact Ross Moore Law for assistance. Message us online or call our office today at (404) 905-3146 for a free consultation and case assessment. We look forward to serving you!

What are the Most Common Causes of Auto Accidents?

Each year, there are millions of motor vehicle crashes in the United States. In Georgia alone, there are more than 1,000 crashes on average every day, and in 2018 (the most recent year we have full records for), 1,504 Georgians were killed in traffic-related events (according to the Governor’s Office of Highway Safety).

Although this was a small drop from the 1,540 traffic related fatalities in 2017, it is still significantly higher than the number of traffic deaths that occurred at the beginning of the decade. For example, in 2011, there were 1,226 fatalities from traffic-related events, and in 2012, there were 1,192. While those numbers were far from acceptable, our roadways are even more dangerous today than they were at the beginning of the last decade.

Sadly, most auto accidents are preventable. According to a 2016 report from the National Highway Transportation Safety Administration (NHTSA), human error is a factor in 94 to 96 percent of all motor vehicle crashes. Most of these errors come down to some type of driver negligence, but there are also outside parties that sometimes play a role in causing a car accident.

Common Causes of Motor Vehicle Accidents

Of those auto accidents that are caused by driver negligence, here are some of the most common reasons why they occur:

Distracted Driving

The vast majority of vehicle crashes involve some type of driver distraction. There are numerous ways a motorist can be distracted, including:

  • Eating and drinking;
  • Grooming;
  • Reaching for an object;
  • Talking to or handling a passenger;
  • Tuning a car radio;
  • Staring at a sign or billboard for too long;
  • Reading a GPS;
  • Talking on the phone;
  • Texting and sending and receiving other types of electronic messages through the phone;
  • Watching a video.

Driver distraction has always been a major issue, but many experts believe that one of the major contributors to the vast increase in car accidents in recent years is the types of distractions motorists are now subjecting themselves to.

Texting while driving and other types of electronic activity on a cell phone distract drivers in three ways; visually, manually, and cognitively. And if you are watching a video, you can add audibly to that list as well. This takes a driver’s complete focus away from the road, making it far more likely for them to miss important details, such as a pedestrian crossing in front of them, or a motorcycle getting into their blind spot.

In Georgia, it is illegal to drive while holding a cell phone, and this would include both talking and texting. And during just the first year after implementing the “hands-free” law, state police wrote nearly 25,000 tickets to drivers who violated it. This shows what many other studies have confirmed; that a large number of motorists engage in the most dangerous types of distracted driving, even when it is against the law. There is a lot of skepticism as to whether a couple hundred dollars in fines is enough of a deterrent to prevent this behavior from occurring.

Speeding

Exceeding the speed limit or driving faster than it is safe to under adverse weather conditions is one of the leading causes of car crashes. Most drivers have gone over the speed limit at one time or another, but for some people, this is a daily habit. Speeding is very dangerous, because the faster a vehicle travels, the less time the driver has to react when a potentially hazardous situation arises. Car accidents that are caused by speeding also tend to result in more serious and catastrophic injuries because of the force of the collision upon impact.

Reckless Driving

A reckless driver is one who drives with willful and wanton disregard for the rules of the road and the safety of others. And this type of behavior puts everyone on the road in greater danger of an accident. Excessive speeding is one form of reckless driving; others include tailgating, weaving in and out of lanes or straddling the center line in the road, dangerous or illegal passing maneuvers, running red lights and stop signs, making sharp turns at high speeds, street racing, and playing “chicken”.

Drunk Driving

Groups like Mothers Against Drunk Driving (M.A.D.D.) have spent the last few decades running high profile public awareness campaigns highlighting the dangers of driving while intoxicated. While most people are aware that drunk driving causes slower reaction times, chemically alters your state of mind, and generally causes you to make poorer driving decisions, far too many individuals still make the horrible and often fateful decision to get behind the wheel after having too much to drink. Drunk driving claims the lives of more than 10,000 people each year, and this behavior is most common at night, on weekends, and during major holidays such as the night before Thanksgiving, New Year’s Eve, and the 4th of July.

Drowsy Driving

Driving while drowsy or fatigued does not get as much attention as other negligent driving behavior such as drunk driving or distracted driving, but it is still very dangerous. Drowsy driving is also more common than most people realize. According to the Centers for Disease Control (CDC), one out of every 25 adult drivers report having fallen asleep behind the wheel within the past 30 days. Anyone who does not get enough sleep (for most adults, that is defined as 6 to 7 hours of sleep a night) is susceptible to drowsy driving, and it is more likely among certain groups, such as those who work long shifts, those who drive commercially for a living, and those who have untreated sleep disorders.

Auto Accidents caused by Third Party Negligence

As mentioned previously, there are outside parties that sometimes contribute to a car accident. These may include:

  • The party responsible for maintaining safe roadways or parking lots;
  • The party responsible for keeping a commercial vehicle maintained;
  • The company that employs a commercial vehicle driver;
  • The owner or lessor of a commercial truck;
  • A cargo or shipping company that overloads or unevenly loads a big rig truck;
  • The manufacturer, supplier, or distributor of a faulty vehicle or vehicle part.

Contact an Experienced Atlanta, GA Auto Accident Attorney

If you or a loved one suffered injury in a motor vehicle accident that was caused by another party’s negligence or reckless actions, you deserve to be fully compensated. Unfortunately, insurance companies are not looking out for your best interests, and many times, they will work to undermine your claim and cause you to lose out on the compensation you are entitled to. This is why it is always best to work with a skilled attorney who committed to fully protecting your rights and interests.

If your accident occurred in Georgia, contact the law office of Ross Moore II, P.C. for assistance. We will provide a complementary consultation to thoroughly review your case and advise you of your legal rights and options. And if we take your case, we will work on contingency (meaning you pay no upfront attorney fees), and we will put our extensive experience to work to explore every potential legal avenue toward recovering maximum compensation. Call our office today at (404) 491-8511 or message us online to schedule your free consultation.

Low Impact Car Accidents Can Still Cause High Levels of Injuries

When it comes to car accidents, people often assume that catastrophic injuries will only occur when the crash is particularly violent or occurs at a high speed. While these factors certainly increase the chances of someone suffering major or permanent injuries in a collision, they are not absolutely necessary for that to be the outcome. The truth is that many low impact car accidents will cause people to suffer high level or severe injuries.

Types of serious injury that can be experienced in a low impact car accident include:

  • Whiplash: A sudden stopping motion or an impact from behind can cause a person’s neck to snap forward and backwards quickly. This motion is known as whiplash, and it is a common consequence of rear-end accidents. Symptoms include strong pain in the neck, chronic headaches, and difficulty sleeping. Whiplash will rapidly worsen if not diagnosed and treated in a timely manner.
  • Brain injury: It does not take much force at all to cause a brain to rock against the inside of the skull, resulting in bruising or bleeding of the brain. A low impact car accident can easily cause this serious injury, especially if the victim hits his or her head against a side window, steering column, or dashboard. Symptoms of brain injuries and concussions vary greatly but often include nausea, severe head pain, inability to focus, and unconsciousness at the time of the accident.
  • Back or spinal cord injury: Spines that are tweaked just the wrong way can be permanently damaged, resulting in paralysis. Car accidents of any speed may result in a strong amount of force being applied to a passenger’s or driver’s back, causing an injury. Symptoms for back injuries are often obvious, including soreness, stiffness, and total paralysis.

Some of the most serious injuries occur in pedestrian accidents, or when a car strikes a person walking or riding a bicycle. Since a vehicle is made of dense metal and can easily weigh thousands of pounds, a low speed impact will still exert an extreme amount of force on an individual struck directly.

ATLANTA CAR ACCIDENT ATTORNEY ROSS MOORE IS HERE TO HELP

Have you or a loved one been injured in a low impact car accident? To fight for maximized compensation that considers the full extent and cost of your injuries, you will want to work with Ross Moore II, P.C. and our lawyer. We have earned a number of impressive case results and appreciative client testimonials due to our dedication, focus, and attention to a client’s comfort and wellbeing as a case progresses. See what we can do for you today by contacting us for a free consultation.

The Tricks of Insurance Adjusters

If you sustained an injury in a car accident and did not enlist in the help of a lawyer, you likely spoke to an insurance adjuster who attempted to trick you without your knowledge. In fact, you probably answered questions, unaware of any sinister intentions behind them. The truth of the matter is, insurance companies often try to trick people who are without a lawyer, so as to reduce their claims of injury, and thus not have to pay their share.

Insurance adjusters may ask you to sign documents, delay payment of your claim, offer a quick settlement with the signing of a full release, deny liability, dispute your damages, ask you to sign a general medical authorization so they can have full access to your medical records, and more. The number one tactic of insurance adjusters is asking you for a recorded, signed, or written statement–which is the last thing you should ever agree to.

Here are a few examples of questions that are generally irrelevant and inadmissible in court, including but not limited to:

  • Do you have health insurance?
  • Is this related to a worker’s compensation claim?
  • Have you ever seen a doctor for similar pain?
  • How often have you had this pain in the past?
  • Are you salaried or hourly?
  • Have you received benefits from missing time off work already?
  • Who will cover your co-pays if you go to the doctor?

The answers to these questions are not recorded, and the only times a statement will be recorded is when the plaintiff is seeking under/uninsured benefits, which are contractually assigned and thus required to do so. Our lawyers warn all injured parties to not be fooled by insurance adjusters–though they may seem as though they are only trying to help you, they are simply attempting to make you say something which will be used to prevent you from obtaining the compensation you are entitled to.

CONTACT OUR TEAM OF ATTORNEYS TODAY

At Ross Moore II, P.C., we are determined to help you combat against any challenges or complexities you may be facing in your case. If you have suffered an injury due to no fault of your own, especially due to a car accident, ourlawyers want to help–we believe all victims of negligence deserve compensation for their injuries, medical bills, loss of work, and pain and suffering.

To schedule an initial consultation with a member of our team today, don’t hesitate to contact us by calling (404) 491-8511.

Signs You Had a Brain Injury in a Car Wreck

Because traumatic brain injuries (TBI) are caused by sudden blows to the head or sudden forces that cause the brain to rapidly accelerate and decelerate within the skill, they are common injuries in car accidents. In fact, concussions and more severe brain injuries can happen in all types of car wrecks, from rear-end wrecks to t-bone collisions. Although these injuries are common, the unpredictable nature of brain injuries can make it difficult for victims to feel as though they are readily apparent.

If you or someone you love has recently been involved in a car wreck, seeking a timely medical evaluation is critical, regardless of whether a direct blow to the head occurred. Brain injuries may not always manifest in obvious ways, and signs or symptoms may lead victims to think they can simply shake off a head injury. The fact of the matter is that even minor head injuries can quickly become serious medical complications, which is why having a doctor evaluate you for symptoms and signs of injury is important following any type of wreck.

At Ross Moore II, P.C., our legal team has worked with many car accident victims throughout the Atlanta area and surrounding communities of Georgia, including many who suffered brain injuries in preventable wrecks. When clients reach out to our firm, our primary concern is their health, and we strongly encourage and enable them to connect with medical professionals and specialists who can help identify underlying issues and rule out more serious issues. To help victims understand how brain injuries can manifest and why they should seek a medical evaluation, we’ve put together the following information:

  • Pain and symptoms – Although traumatic brain injuries can affect victims in vastly different ways, there are a few obvious indicators that a head injury occurred, and that there may be more significant injury to the brain. These include visible injuries to the head, as well as symptoms that include fogginess, nausea or vomiting, difficulty sleeping, fatigue, dizziness, changes in mood, and sensitivity to light or sound. More serious brain injuries can result in loss of consciousness, especially for extended periods of time, and may also cause slurred speech, seizures, and numbness or tingling in the neck, shoulders, arms, or other extremities. Anyone experiencing pain and concussion symptoms following a head injury should seek medical treatment as soon as possible. Most often, victims who experience visible head injuries at the scene of an accident will be transported to a hospital for further evaluation, if emergency crews arrive.
  • No blow to the head – Brain injuries commonly occur when there is a sudden impact to the head, but that is not the only way they can happen. In fact, traumatic brain injuries can occur even when there is no direct impact to the head or skull. This is because rapid acceleration and deceleration, which are forces common in car wrecks, can cause the brain to move quickly back and forth inside the skull, causing injuries and tiny tears within the brain. This is why victims who suffer whiplash injuries, characterized by the lashing back and forth of the head, in accidents can sometimes suffer concussions. Even if you did not have a direct injury to the head, but did experience forces on the neck or body, you should still be evaluated for a brain injury, especially if any signs or symptoms begin to present themselves.
  • No apparent signs – Brain injuries are unique in that they affect victims differently. In some cases, some victims may feel normal following a wreck, and may not have any signs or symptoms. Even if you seemingly feel normal, you should still seek an evaluation for any head injury, as there may me injuries you are not aware of, including hemorrhaging. Regardless of whether you suspect a brain injury or have a visible injury to the head, diagnostic tests will reveal whether any serious issues are present and if medical action should be taken.

A medical evaluation is always important after a wreck, as it ensures a doctor can begin the process of identifying your injuries and initiating the treatment you need to recover. It is also essential to spotting serious injuries such as TBI, and reducing risks of potentially severe and even fatal complications related to hemorrhaging. Pain and symptoms are always cause for concern and reason to see a doctor, but given the nature of brain injuries, you should still seek an evaluation even if signs and symptoms are not readily or immediately apparent. Your health should be your most important concern in the immediate aftermath of a wreck.

Seeking a medical evaluation is also critical to providing documentation of your injuries, which can be useful should you choose to file a personal injury claim, especially when fighting against insurance companies that often argue that victims were not really hurt because they waited to seek medical care. Remember, the at-fault party responsible for causing your wreck can be held accountable for their negligence, and liable for any damages you incur as a result, including your medical bills, lost wages, and pain and suffering. Our Atlanta car accident lawyer at Ross More II, P.C. is ready to help you learn more about your rights, the personal injury process, and what our firm can do to help you fight for the compensation you deserve.

For a free consultation, call (404) 491-8511.

Six Things To Remember When in A Car Accident In Georgia

It goes without saying that car accidents can be shocking. What you may not know is that your claims process can be equally as shocking if you aren’t prepared. If you’re in a car accident in Georgia, it’s important to put yourself on a path to physical and financial recovery as soon as possible. Here are six things you should remember in an accident.

1) CHECK YOURSELF, YOUR PASSENGERS, AND YOUR SURROUNDINGS

Know whether you or anyone in the vehicle needs immediate medical attention. Call 911 immediately if an ambulance is necessary. Check your surroundings for mile markers, speed limit or street signs, stop lights, exit ramps, etc. When calling 911 for emergency assistance, having this information will get the responders to your location quickly.

2) GET TO SAFETY

Many people suffer through heavy traffic conditions in Atlanta, and, unfortunately, some of those conditions are caused by accidents that result in lane closures. Wrecked vehicles can sometimes be damaged to the extent that they are no longer functional or are dangerous to operate.

If this is the case, call the police immediately so that you and your vehicle can be moved to a safe location. Police will need to direct traffic away from your lane to ensure further accidents don’t occur. If your car is functional and not a danger to operate, move your car to a safe location such as a parking lot or on the shoulder. This will help reduce the risk that another negligent driver causes you additional harm.

3) GATHER EVIDENCE

An injured party must try and gather all evidence possible to help strengthen their claim against the at-fault driver and their insurance company. Of course, if emergency medical treatment is necessary after a crash, this may be difficult. But, if a family member or friend can help assist in the gathering of evidence, it would be highly encouraged.

What information should be gathered? Other than the obvious gathering of the at-fault driver’s personal and insurance information, photos of all vehicles involved help establish the level of intensity of the impact. Often times, attorneys we fight that represent the at-fault driver and their insurance company will cherry pick which photos they want to present to a jury after the insurance company has sent their team of investigators. As you can imagine, these photos are not helpful for the injured client. They can be grainy or blurry, taken too close or too far away, or can even be in simple black and white, which can hide many of the scratches and dents.

Take photos of the road conditions. Take photos (or even audio/video recordings) of the at-fault driver. It’s baffling how many times my clients will be told “sorry” or “it’s my fault” by the negligent driver, but after the insurance company and the hired attorneys get involved, their story changes. A recording of the driver admitting fault can close many of the doors the insurance attorneys try to open.

4) GET MEDICAL ATTENTION

Car accidents vary, from minor bumps where no visible property damage occurs at all, to others that result in cars looking like a crinkled Coke can. Regardless of the intensity of the collision, an insurance company won’t write a check without being shown that injuries occurred.

The best thing you can do to prove that injuries resulted from the crash is to seek medical attention immediately following the collision. Our office uses medical bills (the “sword”) and medical records (the “shield”) when fighting insurance companies for top dollar amounts.

The medical bill “sword” slices through any of the insurance company’s arguments in which they claim damages did not occur. “Damages” is a legal term describing changes in the financial situation of the injured party. In Georgia, damages is an essential element when pursuing any personal injury action. “Oh yes, damages do exist, and here’s the bills and lost wages documentation to prove it!”

However, damages isn’t the only element – we must still prove that the damages accrued were actually caused by the negligence of the at-fault driver. We are able to protect the claim’s integrity using the “shield” of medical records. Medical providers who treat injured patients will document that the injuries being treated were caused by the vehicle collision, and not from any other action that could have caused the pain.

5) TREAT CONSISTENTLY

Here are the rules of consistent treatment: A) If you have a doctor’s appointment, go to it. B) If you feel 100% better, don’t continue to unnecessarily treat. C) If you’re in pain, seek medical attention. D) If you’re undergoing treatment and are feeling worse as time and goes on, pause the medical treatment and call your attorney doctor – your treatment may need to be augmented.

Our office doesn’t take every case we get to a jury, but we certainly aren’t afraid to do so when the insurance company is pushing our clients around. However, it is important to monitor every case from its inception as if the case would be presented to a jury. With that said, it would be dangerous and probably futile to take a case to trial when the injured party has broken any of the above rules.

For instance, it would be nearly impossible to convince a jury to award medical billing damages to an injured party who told their doctor they feel great after two weeks of treatment, but continued to treat for another month because it felt good. The defendant-at-fault-driver isn’t liable for you to seek treatment because it feels good – they’re liable for treatment that gets you back to the position you were in just before the crash occurred.

6) DO NOT SPEAK ABOUT YOUR INJURIES TO ANYONE BUT YOUR ATTORNEY AND YOUR DOCTORS

Injury adjusters will begin calling you the moment they learn you’ve been injured. Don’t fall into their traps. Remember – the adjuster’s priority is to pay out as little as possible, and when they know that they have to pay out a large check, they’ll hold on to those funds for as long as possible in order to gather interest for the insurance company’s shareholders.

I’ve had so many clients come looking for help after they’ve allowed the insurance company to take a telephonic “recorded statement,” wherein the insurance company ask the injured party a series of questions specifically designed to corner the person and not let them escape. The questions can be misleading, confusing, or vague. For instance, one former client was asked this:

“So, Mr. _____, you got out of the car after the accident and looked at the property damage to your vehicle before you called the ambulance. It’s safe to say you weren’t in any pain at that time, were you?”

This question inherently causes the person to answer “no” in hopes that they don’t sound like a liar or a claim-fabricator. However, it has been well established that moments after a crash, injured parties are often rushed full of adrenaline and do not feel the onset of back, neck, shoulder, knee, or other pain due to their heavy adrenal gland response.

Then, once we get to trial, that party who answered “no” to the sneaky adjuster’s question cannot change his story to say, “I was in pain, but didn’t know it because I was in shock.” Even though this is the absolute truth, the insurance company’s attorney will call the injured person’s credibility into question. Don’t talk to them about your injuries. Period.

If you are injured in a car accident in Georgia, you need an advocate you can trust. Don’t hesitate to contact our firm to schedule a free consultation!