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Category: Personal Injury

Injured by a Delivery Driver in Georgia? Understanding Liability for FedEx, UPS, Amazon, and Other Delivery Companies

Delivery vehicles operated by FedEx, UPS, Amazon, and other commercial delivery companies are a familiar sight on Georgia roads. As home deliveries have increased, so has the number of commercial vehicles traveling through neighborhoods, residential streets, and busy highways.

When a delivery driver causes an accident, determining who is legally responsible may be more complicated than identifying the driver or the company name displayed on the vehicle.

Some delivery drivers are directly employed by the company whose packages they deliver. Others work for independent businesses contracted to perform delivery services. These distinctions can have important consequences for injured individuals seeking compensation.

However, the use of independent contractors does not necessarily shield a delivery company from liability under Georgia law. If you have been injured in a delivery vehicle accident, a Duluth, GA personal injury lawyer can help you understand who may be liable and what options are available for pursuing compensation.

Who Actually Employs Delivery Drivers?

Major delivery companies use different business models to transport and deliver packages.

FedEx uses independent service providers (ISPs) for many of its pickup and delivery operations. These businesses generally employ their own drivers and operate under contracts with FedEx.

Amazon uses a network of Delivery Service Partners (DSPs), independent businesses that employ drivers who deliver Amazon packages. Amazon also uses other delivery arrangements, including independent drivers through Amazon Flex.

UPS generally employs its package delivery drivers directly, although contractors may perform certain transportation and delivery services.

These arrangements matter because Georgia law distinguishes between employees and independent contractors when determining whether a business is responsible for a driver’s negligence.

Nevertheless, the contractual relationship is only one part of the analysis.

Can a Delivery Company Be Held Liable for a Contractor’s Negligence?

Under Georgia law, companies are generally responsible for negligent acts committed by their employees within the scope of their employment. Businesses are ordinarily not vicariously liable for the negligence of genuinely independent contractors, although several important exceptions exist.

One significant consideration is whether the company retained the right to control the time, manner, or method of the contractor’s work.

For example, an investigation may examine the delivery company’s involvement in driver qualifications, training, safety procedures, vehicle operations, route management, and other aspects of the delivery process.

The existence of company policies, branding, or safety standards does not automatically establish an employment relationship. Rather, courts examine the actual relationship between the businesses and the nature and extent of the control retained or exercised.

Consequently, a company cannot necessarily avoid liability simply by identifying its delivery drivers as independent contractors.

Negligent Hiring, Driver Screening, and Safety Oversight

Commercial delivery companies and their contractors have an important responsibility to operate safely on public roads.

When an accident involves a driver with a history of unsafe conduct, an investigation may examine whether the responsible business knew or should have known about the driver’s prior behavior.

Depending on the circumstances, potential legal issues may include negligent hiring, retention, supervision, or entrustment.

Federal motor carrier safety regulations may also apply to certain commercial delivery operations. For example, 49 C.F.R. § 391.23 establishes requirements for covered motor carriers to investigate specified aspects of a driver’s background, including certain prior safety performance information.

Whether these regulations apply depends on the particular carrier, driver, vehicle, and operation.

Evidence of a prior safety incident may be especially important when determining whether a driver was appropriately qualified and whether a company exercised reasonable care.

However, the existence of a prior incident or regulatory violation does not automatically establish liability. The applicable legal duties, the company’s knowledge, and the connection between the alleged negligence and the injury must be established.

The Importance of Preserving Evidence After a Delivery Vehicle Accident

Accidents involving commercial delivery vehicles frequently generate electronic and business records that may be important in determining what happened.

Relevant evidence may include:

  • Vehicle-mounted camera recordings and electronic vehicle data.
  • Driver qualification and employment records.
  • Prior safety complaints or incidents.
  • Delivery routes, dispatch records, and communications.
  • Contracts between delivery companies and their contractors.
  • Internal investigations and accident reports.
  • Driver training and safety policies.

Some delivery vehicles are equipped with cameras and other electronic systems capable of recording events before, during, and after an accident.

This information can be particularly valuable when witnesses disagree about how a collision or other incident occurred.

Under Georgia law, a duty to preserve relevant evidence may arise when litigation is pending or reasonably foreseeable, even before a lawsuit is filed.

Prompt investigation and preservation requests can therefore be important in cases involving commercial delivery companies.

Who Can Be Held Responsible for a Delivery Driver’s Negligence?

Depending on the circumstances, an injured person may have claims against the driver, the driver’s employer, the delivery company, or other parties whose conduct contributed to the incident.

For example, a driver may be personally liable for negligent operation of a vehicle. The driver’s direct employer may also be responsible under principles of respondeat superior.

In appropriate circumstances, another company involved in the delivery operation may face liability based on its own negligent conduct, its legal relationship with the driver, or an applicable exception to the general rule governing independent contractors.

These issues are particularly important in cases involving FedEx independent service providers and Amazon Delivery Service Partners, where the company whose name appears on the vehicle may not directly employ the driver.

The analysis may be different in cases involving UPS drivers who are directly employed by UPS.

The central question is not simply whose name appears on the delivery truck, but which individuals and businesses bear legal responsibility for the conduct that caused the injury.

Injuries Caused by Delivery Drivers in Georgia

Commercial delivery vehicles can cause significant injuries because of their size, weight, and frequent operation in residential and commercial areas.

Claims may arise from rear-end collisions, unsafe turns, distracted driving, failure to yield, speeding, or other negligent operation. In some circumstances, injuries may also result from confrontations or other misconduct involving delivery personnel.

These cases may involve substantial medical expenses, lost income, pain and suffering, and long-term physical limitations.

A thorough investigation should address not only the driver’s conduct but also the relationships among the businesses involved in the delivery operation and any independent negligence that may have contributed to the injury.

Georgia Personal Injury Attorneys for Commercial Delivery Accidents

At Andrew R. Lynch, P.C., we represent individuals injured through the negligence of commercial drivers and businesses operating throughout Georgia.

Cases involving FedEx, UPS, Amazon, and other delivery companies may require examination of employment relationships, independent contractor agreements, driver qualifications, safety records, and electronic evidence.

Identifying the appropriate defendants and preserving relevant evidence are important early steps in evaluating these claims.

If you have been injured in an accident involving a commercial delivery vehicle, our office can evaluate the circumstances and help determine which parties may be legally responsible.

Andrew R. Lynch, P.C.
125 Clairemont Avenue, Suite 470
Decatur, Georgia 30030
404-373-7735
www.attorneyandrew.com

This article provides general information concerning Georgia personal injury law and is not legal advice. Liability depends on the facts of each case and applicable law.

Punitive Damages in Georgia Personal Injury Cases: When Negligence Is Not Enough

When someone is seriously injured because of another person’s negligence, Georgia law generally allows the injured person to seek compensation for their damages. This can include medical expenses, lost income, pain and suffering, and other losses.

But sometimes the conduct that caused the injury goes beyond ordinary negligence.

A drunk driver who causes a serious collision, a commercial driver who knowingly disregards important safety rules, or a company that repeatedly ignores dangerous conduct may face an additional claim for punitive damages.

Punitive damages are different from the compensation ordinarily available in a personal injury lawsuit. Their purpose is not to compensate the injured person, but to punish particularly dangerous conduct and discourage similar behavior in the future. An Atlanta, GA personal injury lawyer can help you determine whether the circumstances of your case may support a claim for punitive damages in addition to compensation for your losses.

What Are Punitive Damages Under Georgia Law?

Under O.C.G.A. § 51-12-5.1, punitive damages may be awarded when there is clear and convincing evidence of willful misconduct, malice, fraud, wantonness, oppression, or an entire want of care that raises the presumption of conscious indifference to consequences.

That is a higher standard than the one ordinarily required to establish negligence.

For example, a driver who momentarily fails to pay attention and causes a collision may be negligent. That does not necessarily mean punitive damages are appropriate.

But what if the driver was intoxicated? What if the driver knowingly disregarded a serious safety risk? What if the driver’s employer had received repeated warnings about dangerous conduct and did nothing?

Those circumstances may warrant a closer examination of punitive damages.

The distinction matters because not every serious injury, even one caused by gross negligence, supports a punitive damages award.

When Are Punitive Damages Available in Georgia Car Accident Cases?

Punitive damages may be appropriate in certain motor vehicle cases involving particularly dangerous behavior.

Examples include driving under the influence of alcohol or drugs, extreme speeding under circumstances demonstrating conscious disregard for safety, or other conduct showing a deliberate indifference to the consequences.

Distracted driving cases can also raise questions about punitive damages, although the evidence must support the claim. A driver’s history of using a cellphone while driving, standing alone, does not necessarily establish that punitive damages are warranted for a particular collision.

The circumstances surrounding the actual wreck matter.

An important part of investigating these cases is determining not simply what happened, but what the responsible person knew about the danger before the collision occurred.

Can a Trucking Company or Employer Be Responsible for Punitive Damages?

Yes, under certain circumstances.

Georgia law recognizes that employers may face liability for the conduct of employees acting within the scope of their employment. Employers may also face separate claims based on their own conduct.

Consider a delivery company that hires a driver despite a documented history of dangerous driving. Or a trucking company that receives repeated complaints about a driver but fails to investigate or take appropriate action.

Depending on the circumstances, the company’s own decisions may become an important part of the case.

Claims involving negligent hiring, retention, training, and supervision can be particularly important in commercial vehicle litigation.

The Georgia Supreme Court addressed the relationship between employer liability and direct negligence claims in Quynn v. Hulsey, 310 Ga. 473 (2020).

The broader point is that a personal injury investigation should not necessarily end with the driver who caused the collision.

Sometimes the evidence reveals that the dangerous conduct could have been prevented long before the wreck occurred.

What Evidence Is Important in a Punitive Damages Case?

Evidence of what a defendant knew, and when the defendant knew it, can be particularly important.

In commercial vehicle cases, relevant evidence may include driver qualification records, prior complaints, safety policies, training materials, disciplinary records, and electronic information surrounding the collision.

A company’s failure to adequately train employees on important safety policies may also be relevant.

In Atlantic Star Foods, LLC v. Burwell, 368 Ga. App. 79 (2023), the Georgia Court of Appeals addressed punitive damages in the context of employee training and safety policies.

These cases illustrate why obtaining and preserving evidence early can be so important.

An injured person may know very little about a company’s prior knowledge or internal safety practices. Those facts may only become apparent through investigation and discovery.

Are Punitive Damages Capped in Georgia?

Generally, Georgia law limits punitive damages to $250,000 in many personal injury cases.

However, there are important exceptions.

For example, the statutory cap does not apply in certain cases involving a defendant who acted with the specific intent to cause harm. Different rules also apply to qualifying cases involving intoxication or the influence of drugs or other substances.

Georgia law also contains special provisions for product liability cases.

Whether the cap applies depends on the facts and the statutory requirements.

Will Insurance Cover Punitive Damages?

Possibly.

Georgia law does not categorically prohibit insurance coverage for punitive damages. Whether a particular insurance policy covers such an award depends on the language of the policy.

Some policies provide coverage, while others expressly exclude it.

That distinction can become important when evaluating the available insurance coverage and the potential recovery in a serious personal injury case.

Why Punitive Damages Matter

In most personal injury cases, the central issue is determining who caused the injury and the amount of compensation necessary to address the harm.

Punitive damages introduce a different question.

Was the defendant’s conduct so dangerous, reckless, or indifferent to the consequences that punishment is appropriate?

For an injured person, answering that question often requires looking beyond the collision itself.

It may require examining the driver’s prior conduct, the employer’s knowledge, the company’s safety practices, and whether reasonable steps could have prevented the injury.

Not every personal injury case supports punitive damages. But when the evidence does, Georgia law provides an important additional remedy.

Speak With a Georgia Personal Injury Attorney

At Andrew R. Lynch, P.C., we represent individuals injured in serious accidents throughout Georgia, including cases involving commercial vehicles, delivery companies, and other forms of corporate negligence.

When investigating a serious injury, we look beyond the immediate cause of the incident to determine whether other individuals or companies may share responsibility.

If you have been seriously injured because of another person’s dangerous conduct, contact our Decatur office at 404-373-7735 to discuss your case.

Injured in an Uber or Lyft Wreck in Georgia? How Arbitration Can Affect Your Case

After a car wreck involving Uber or Lyft, most people focus on medical treatment, insurance coverage, and getting their lives back on track. They may not realize that terms accepted through an app can also affect how they pursue an injury claim.

Uber and Lyft include arbitration provisions in their user agreements. Depending on the agreement and the circumstances, the company may ask a court to require an injured person to pursue claims against it in private arbitration rather than before a jury. A Decatur, GA rideshare accident lawyer can help you understand how arbitration clauses may affect your claim and explain the legal options available after an Uber or Lyft crash.

An arbitration agreement does not automatically eliminate your right to seek compensation. It can change where and how your claim is decided.

What Is Binding Arbitration?

Arbitration is a process in which a neutral arbitrator hears a dispute and issues a decision. In a car wreck case, that can mean an arbitrator decides liability and damages instead of a judge or jury.

Arbitration is different from mediation. A mediator helps the parties try to reach a voluntary settlement. An arbitrator can decide the case even when the parties do not agree on a resolution.

Binding arbitration also generally offers much narrower opportunities to challenge the result than an ordinary court judgment. The Federal Arbitration Act permits a court to set aside an award on limited grounds, such as certain forms of misconduct or an arbitrator exceeding their authority. An unfavorable result alone is not enough.

How Do Uber and Lyft Use Arbitration Agreements?

Uber’s published U.S. terms expressly address disputes involving personal injury or death connected to use of its services. Lyft’s terms also require individual arbitration of a broad range of disputes arising from its platform, rideshare services, and relationship with users, subject to exceptions.

In practice, when an injured person files a lawsuit against the company, the company may file a motion to compel arbitration. It may submit account records, the terms it says the person accepted, and evidence describing the acceptance process.

For example, a company may rely on a screen requiring the user to check an agreement box and press a confirmation button before continuing to use the app. That makes the account history and the actual screen presented to the user important evidence.

The terms on a company’s website today are not necessarily the terms that govern a particular wreck. Earlier agreements, later updates, and the dates of any claimed acceptance must be examined.

Does Georgia Law Allow Arbitration of Injury Claims?

An injury claim is not automatically exempt from arbitration simply because it involves negligence or a serious car wreck. The Federal Arbitration Act generally requires enforcement of qualifying written arbitration agreements, while preserving generally applicable contract defenses.

That does not mean every motion to compel arbitration should be granted. An attorney should examine:

Simply saying that you did not read the terms may not defeat an otherwise enforceable agreement. The legal analysis depends on the evidence and the applicable contract law.

Who Decides Whether Arbitration Is Required?

Some agreements contain a “delegation clause,” which assigns certain questions about the scope or enforceability of arbitration to the arbitrator.

These provisions can affect how an objection must be presented. But they do not eliminate the court’s role in deciding whether a valid agreement to arbitrate was formed. Disputes over formation are different from objections to the enforceability of an agreement that was actually made.

What if You Were in Another Vehicle—or Someone Else Booked Your Ride?

The analysis can differ substantially when you were driving another vehicle, walking nearby, or riding as a guest on someone else’s account.

Being injured by a rideshare driver does not, by itself, establish that you agreed to arbitrate with the rideshare company. At the same time, not booking the particular ride yourself does not necessarily resolve the question. Your own account history, any claimed agreement, and the legal basis for applying it must be reviewed.

Claims against the driver and the company also require separate attention. An arbitration provision that applies to the company does not automatically resolve where every claim against every other defendant will proceed.

How Can Arbitration Affect Your Case?

The practical differences can include the absence of a jury, different procedures for obtaining evidence, filing and arbitrator fees, and limited judicial review of the final award. Arbitration is generally a private process, although confidentiality depends on the applicable agreement, rules, and orders.

It should not be assumed that arbitration will be faster, cheaper, or more favorable in every case. The provider, arbitrator, discovery rules, and fee provisions all matter.

A motion to compel arbitration also does not establish who caused the wreck or what your injuries are worth. Those issues still require evidence. Arbitration does not, by itself, determine the amount of available insurance coverage.

What Should You Preserve After an Uber or Lyft Wreck?

Along with photographs, witness information, and medical records, preserve your ride receipt, trip details, account emails, app messages, and any notices about updated terms. Tell your attorney if another person, employer, or healthcare provider arranged the ride.

Before accepting new terms after an accident, ask your attorney to review them. Some agreements purport to cover disputes arising before acceptance. Whether that language is enforceable in your circumstances requires a separate analysis.

Do not assume that reporting the accident to the app or negotiating with an insurance adjuster satisfies every filing deadline or contractual notice requirement.

Talk With a Georgia Rideshare Injury Attorney

An Uber or Lyft wreck can involve both an injury claim and a dispute over the forum in which it must be pursued. Evaluating the agreement early helps protect your options and prepare the case for the process that ultimately applies.

If you were injured in a rideshare wreck in Georgia, contact Andrew R. Lynch, P.C. at 404-373-7735 to discuss your case.

Pain and Suffering Defined

Pain and Suffering

Pain and suffering endured in the aftermath of an injury may be grounds for recovering damages from the person or entity that caused your accident. Check out the information below to help you understand how pain and suffering is defined and whether or not you may be able to make a claim in court.

What is Pain and Suffering?

Pain and suffering is a legal term encompassing all of the injuries a person may suffer from in the aftermath of an accident. It also includes emotional and mental issues brought on by the incident. Oftentimes, in the time period following a serious injury people can also battle panic attacks, grief, insomnia and the inability to enjoy their lives. Courts sometimes award monetary damages for pain and suffering endured by an injured person.

What Constitutes Pain and Suffering?

Many factors go into determining whether someone may be owed compensation due to pain and suffering after sustaining an accidental injury. Pain and suffering can be considered physical pain in addition to emotional suffering and even loss of consortium after the death of a loved one. Examples of pain and suffering include:

What Proves Pain and Suffering?

In order to demonstrate pain and suffering, you should try to provide your counsel with as much documentation as you can. Photographs of the incident and your injuries are helpful. Further, you could keep a journal describing your symptoms and issues daily. Input from family and friends can also sometimes be useful. Save all medical documentation as well to be provided to your attorney.

What Methods are Used to Calculate Pain and Suffering?

Pain and suffering is sometimes calculated using one of two methods. The first, the multiplier method is when the actual damages incurred, such as lost wages and medical bills, are multiplied by a number. This number is normally between one and five and depends on the severity of your injury.

The second, the per diem method, entails assigning a specific dollar amount to each day from the date of the accident to the date you reach the point of maximum medical recovery. Maximum recovery is the point at which a physician believes that your condition will no longer improve.

What Personal Injury Cases Can a Lawyer Work On

If you have been hurt because of a terrible accident, you may be entitled to receive financial compensation. An experienced personal injury lawyer offers a range of legal services so that you have the information and support you need to begin the claims process. It can be tough to know where to begin if you are looking to file a personal injury claim, so a lawyer can help you through each part of the process. These are several personal injury cases that a lawyer handles.

Car Accident 

Car accidents are cases that are frequently handled by personal injury lawyers. Innocent people get hurt in vehicle accidents each day, and many of them suffer severe injuries that require costly medical treatment. Personal injury lawyers can assist you with your car accident claim by collecting evidence, negotiating with insurance companies, creating a list of damages, reviewing your settlement offers, and much more.

Medical Malpractice

People go to the hospital to be treated for any injuries or illnesses that they may have. If they do not receive the proper care and treatment because of an error made by a doctor or other medical professional, the consequences can be life-threatening or fatal. A personal injury lawyer can provide you valuable help because of their experience with the complex healthcare system and sharp negotiation skills, which is especially important since hospitals have highly experienced legal teams of their own.

Slip and Fall 

A slip and fall accident can result in serious head, neck or leg injuries. They usually happen without warning, and can be caused by many different things such as spilled food or drinks, uneven pavement, or poorly constructed railings. A lawyer can help you file a slip and fall claim so that you can receive the proper settlement from the liable party.

Premises Liability

If you are in a hotel, resort, or other facility, the property owner is responsible for keeping visitors at the premises safe. If you were injured because of a lack of proper security, such as if a trespasser broke through a fence to enter the property, you may be able to file a claim against the property owner.

Whatever your case is, a personal injury lawyer like one from Hurwitz, Whitcher & Molloy can be at your side to lend you the support and legal advice you need. Contact a lawyer today to set up a consultation.

Is It Possible To File A Lawsuit If My Child Was Injured At The Beach?

Personal Injury Lawyer

It’s all too common for a child to be injured while at the beach. You may be entitled to compensation for injuries sustained by your child if they were hurt while at the beach. Whether or not you qualify to receive compensation will depend on several factors as determined by the court.

Private Beaches Versus Public Beaches

If your child was injured at the beach, you may have the right to sue the property owner. You will be required to prove that the owner of the beach played a role in the injuries that were sustained due to their negligence. It is important to note that laws vary by state. In most places, you will have three to six months to file a Notice of Claim or Notice of Intent if your child was injured at the beach. You could lose your right to file a claim if you do not file a Notice of Intent in time.

Statute of Limitations

The statute of limitations varies, allowing anywhere from one to five years depending on the state in which you reside. Depending on the situation, the process will be different whether you are suing the government, a commercial business, or a private citizen.

Beach Related Injuries

There are a number of injuries that could happen at the beach that you should be aware of. Drowning isn’t the only injury that can occur at the beach. Some other injuries could include:

It is important to note that if a person were to drown at the beach, compensation would not be guaranteed. When an accident occurs as the result of a natural circumstance, such as a riptide, the property owner can not be held accountable. Whether the beach is privately or publicly owned, the property owner is responsible for the upkeep of the beach and ensuring that it is safe. A property owner could be considered negligent if they do not maintain the beach by keeping it free of debris such as glass and other objects. They may also be considered negligent if they fail to maintain equipment on their property such as a play structure and someone slips and falls as a result.

Contact an Attorney

It will be in your best interest to speak with an experienced lawyer, like a personal injury lawyer, if your child sustained an injury while at the beach. They will be able to determine if you have a case by looking at the factors that led to the injury. There is no risk in speaking with an attorney, as the majority of personal injury lawyers offer the first consultation for free.

Actions to Take After a Car Accident

Personal Injury Lawyer

Car accidents can be unnerving. You may faithfully come to a stop at stop signs, use your blinker when making a turn, and allow pedestrians time to cross before proceeding into an intersection. However, even the safest of drivers can still get into accidents because others on the road are driving negligently and distracted. Especially if you have never been in a car accident before, you may be overwhelmed and unsure of what to do. There are a few steps you can take to protect yourself from future harm and to help when you want to file a car accident claim.

What should I do if the other driver was uninsured? 

This is, unfortunately, a possibility that requires its drivers to hold auto insurance, not all drivers will obey this law. In this instance, you would rely on your own insurance to cover costs for things like medical needs and property damage. If your insurance does not fully cover what you need, you will need to pay the rest out of pocket. Speaking with a lawyer about filing a personal injury lawsuit may be the way to go if you would like to have your expenses covered.

What if the car accident was partially my fault? 

Even if you believe that the car accident was partially your fault, you should still not say anything about it to the other driver or their insurance company. Without all of the details, it is hard to understand precisely what caused the accident and who is fully or partially responsible. Especially when you are concerned about being partially responsible for the car accident, you may wish to enlist the help of a lawyer like a car accident lawyer.

What can be helpful to bring if I have a consultation with a lawyer? 

If you take the plunge and meet with an attorney for your car accident, there are a few things that can be helpful to bring to your consultation.

Remember, your priority after being in an accident is making sure you get the medical attention you need. Car accidents can leave many people suffering from invisible injuries, like traumatic brain injuries. You want to ensure you are getting the care you need. If you are interested in legal help, consider working with a local attorney to start your claim.

You might be wondering if you truly need a car accident lawyer. If you have been injured by a negligent driver, seeking legal help can give you direction about what to do about your case. Meet with a car accident lawyer who has the experience to give you trusted legal advice that you need so you can obtain your deserved compensation.

 

I Have a Disability Hearing Coming Up, What Can I Expect?

Personal Injury Lawyer

When you have been denied social security disability, it is your right to file an appeal. There are several levels to the appeals process with the first being a re-examination. At this time, your case will be re-examined to see if a mistake was made. You could be approved at this level, but many people won’t be. The next step is to schedule a disability hearing.

What Happens at a Disability Hearing?

A disability hearing will give you the opportunity to present your case before an administrative law judge. The objective will be to see if your medical condition is so disabling that you cannot work. Most hearings are similar, but have slight variations depending on the case and the judge.

You should understand a disability hearing is nothing like what you see on the TV. It won’t be held in a trial courtroom, and there will not be many people watching what is going on. A disability hearing is typically held in a small conference room. They are private and only include yourself, your disability lawyer or advocate (if you have one), the administrative judge, a hearing assistant (who records the proceedings), and one or two expert witnesses that have been hired by the administration. If you bring a family member or friend, they will be asked to wait outside.

You Will Be Asked Questions

Once all parties are in the conference room, the judge will review a statement of facts regarding your claim. At this point, you will likely be asked questions by the judge. In general, these questions will be regarding your medical condition, your treatment, past employment, and limitations that prevent you from working. This hearing is not “you” versus “them”. The judge is not trying to prove you are not disabled or don’t deserve benefits. As a disability lawyer will tell you, it is important to be honest, don’t exaggerate anything, but make sure you include any important details. You might want to include examples on how your disability hinders your ability to do different things.

A Lawyer Can Speak For You

Once you have given your testimony, the judge will usually allow your representative, or disability lawyer, speak for you on your behalf. If your lawyer will be asking any questions, he or she will let you know before the hearing. If any expert witnesses are present, the judge will ask them to present their own opinions. These witnesses may include medical or vocational experts who can testify about your condition and whether you can sustain employment. You may be asked a few more questions, and then given the opportunity to speak. In general, you won’t receive a decision for 3-4 weeks, via mail. On occasion, a judge will make a bench decision. Even if this happens, and you are approved, you must receive it in writing before you will get any benefits.

What If You Are Denied?

If you are denied benefits after a hearing, you can file a Request for Reconsideration. According to the available statistics, you have the greatest odds of being granted benefits at the hearing stage, or this stage. If you are denied at this point too, the chances of being approved later on are slim. For this reason, it is important to plan for your hearing and come prepared. Call a disability lawyer, like from The Law Offices of Mark T. Hurt, to help protect your rights and interests.

Insurance Coverage for a Bike Crash

Personal Injury Lawyer

When you’re in a bicycle crash, you may wonder where the compensation is going to come from. You now have medical bills to pay for, property damage to take care of, and a variety of other expenses resulting from your accident. Is there some type of insurance coverage for a situation like this? The following are some options to consider.

Homeowner’s and Renter’s Insurance

When you purchase homeowner’s or renter’s insurance, you are insuring everything that is considered your property. Your bike is your property, so if someone pulls into your driveway and runs it over, you have insurance coverage to replace it. What if your bike sustains damage off the premises? It is still considered your property and it is still covered, but there may be some limits that apply.

If you’re involved in a bicycle accident in which you were at fault, your homeowner’s or renter’s insurance will not cover to replace the bike. If you’re hit by a car while legally riding down the street, the insurance coverage would step in to replace your bike. Some homeowner’s or renter’s insurance policies even include no-fault medical coverage up to a certain limit.

Auto Insurance

In most bicycle accident cases, you’d receive compensation through yours or the responsible party’s auto insurance. If you are hit by someone, be sure you get their insurance information so you can contact the insurer and let them know of your intent to file a claim. If the accident is a hit-and-run, or if the driver is uninsured, you can lean on your own auto insurance. You probably have something called “uninsured or underinsured motorist coverage.”

This is a protection to you if the other driver bails or is driving without proper protection. Some auto insurance policies also have something called “medpay,” which would be included in your own auto insurance policy, and is something you might be able to use. This type of coverage often caps at a certain amount, so you should speak with your insurer to find out.

Bicycle Insurance

If your bike is valued over $1,000, you might want to get insurance just for your bike. Whether you’re at home, on the road, or have the bike chained up somewhere, bicycle insurance will pay for the full value of your bike if it’s destroyed.

Contacting a Lawyer

Bicycle accidents can cause a host of issues, but you do have some options when it comes to insurance.

What to Do After a Rideshare Accident

Car Accident Lawyer

As rideshares like Uber become more popular so do accidents involving Uber drivers. If you were in an accident with a rideshare driver, what should you do? The truth is that the steps you take are similar to what you would do in any other accident.

Visit a Medical Professional

After any accident, regardless of who the other driver is, you should see a medical professional. Not everyone needs to go to the hospital directly from the scene of the wreck. While it is smart to call the paramedics, no matter your physical state, you may not have to go to the hospital right away.

If you do not go to the emergency room right away, it is crucial that you look for signs and symptoms of serious injuries. Some injuries may show symptoms later. You may not experience pain or discomfort for hours or days. For instance, whiplash, spinal injuries and head injuries may not reveal themselves right away. If you have headaches, muscle pain or any other discomfort caused by the crash, you should see a doctor right away.

Odds are you will see an emergency doctor. He or she may send you to see a specialist afterwards. You can set up an appointment with your primary care physician, but there is a risk that he or she won’t see you. Not all doctors are willing to testify in court and may not want to deal with your insurance company. Make sure to keep record of your injuries and all treatment costs associated with your injury.

File a Report

If the other driver worked for a rideshare company like Uber, you have to file a report. Rideshare companies provide forms on their website to report an accident. Once you do this, you will most likely hear from the insurance company. If you are worried about the insurance company’s phone calls, you may want to speak to a lawyer in advance. He or she can advise you on what to and what not to say to the insurer. A mistake in what you say could lead to a lesser settlement.

If you were in a wreck with an Uber driver, you may have a claim if the driver was at fault. When it comes to rideshare companies, you may be able to file a lawsuit against the company too. It depends on the nature of the accident. To determine who you should file suit against, consult with a car accident lawyer.