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Why Retaining A Truck Accident Lawyer is So Important

An accident involving two passenger vehicles are very different from a collision with a commercial truck. These types of legal cases are typically more complex in nature, take time to settle, and overall they must be handled in a different manner. They require a qualified lawyer with a solid understanding of how truck accident claims and how lawsuits should be approached and investigated. Lacking this knowledge could result in an ineffective settlement.

When choosing a lawyer, you should look for the following key differences between a lawyer who handles truck accident claims and a lawyer who does not:

Experience – Truck accident cases are handled very differently. The lawyer you choose to represent you should have experience in negotiating settlements with large firms and companies. This experience helps a lawyer to understand how trucking companies’ insurance adjusters react, operate, and negotiate. Without this experience, you may leave a lot of your case to chance.

Detailed Legal Representation – Insurance adjusters are tactful, clever, and very skilled at their craft. From the very beginning of a claims process, they have a detailed plan in place and will begin to gather evidence against your defense. It is crucial that you have the same type of detailed legal representation.

Supportive Outreach – This accident could be the most difficult setback you have ever faced. In between healing and negotiating, it can be useful to have someone who is on your side. A truck accident lawyer can handle the complicated legal matters while you focus on your recovery. A lawyer can also provide you with updates so you know what is going on at all times.

A Solid Understanding of Laws – Trucking laws are not the same as those that apply to cars. Federal laws regulate truck driving, and there are state laws that a driver and/or company must also adhere to. It is possible for the negligent party to be located out of state, which means additional rules, laws, and procedures may apply. A truck accident lawyer should be familiar with each of these aspects.

If you are ready to talk with an experienced truck accident lawyer you can rely on for quality legal services, call Andrew R. Lynch, P.C. today.

Georgia’s Trucking Regulations: What You Should Know

Federal and state regulations govern the trucking industry. The Federal Motor Carrier Safety Administration (FMCSA) sets national regulations that every trucker and trucking company must follow. These regulations cover various aspects of trucking, from the number of hours a driver can be on the road to truck maintenance and equipment standards. However, Georgia has its own set of regulations that complement federal rules. These laws touch on specifics like weight restrictions on certain roadways and licensing requirements for commercial drivers. One significant Georgia-specific rule is the requirement for commercial trucks to carry higher amounts of insurance coverage than regular vehicles, given the potential for more significant damage in the event of a collision.

Liability And Negligence

In the aftermath of a truck wreck, the concept of liability becomes paramount. Georgia follows a “modified comparative negligence” rule. What this means is, if a victim is found to be partially at fault for the accident, their compensation may be reduced in proportion to their fault. However, if they are found to be 50% or more at fault, they might not be eligible for any compensation at all. A skilled Atlanta truck wreck lawyer can determine the degree of fault and whether compensation can be recovered. They can help decipher the complexities of liability, ensuring that victims understand their rights and the potential pitfalls in their claims.

Evidence In Truck Wrecks

A key advantage of having a lawyer is that they can gather a large amount of evidence. Modern commercial trucks are equipped with electronic logging devices (ELDs) which record data about the truck’s operations, such as speed, brake usage, and hours on the road. This information can be invaluable in proving negligence on the part of the truck driver or trucking company. Georgia law mandates that trucking companies retain certain records for a specified period. These can include driver training records, maintenance logs, and previous accident records. A proficient Georgia + truck wreck lawyer would be skilled in procuring and analyzing this evidence to build a compelling case.

Get The Compensation You Deserve

In Georgia, there is no cap on the payout for damages involving pain and suffering in a truck wreck case. Trucking accidents often result in exceptional property damage, extreme injuries, and even loss of life. This means you are entitled to full financial compensation for any injuries and damages incurred at the hands of a commercial trucking company. Oftentimes, the big insurance firms protecting these commercial trucking companies work to minimize the payout for victims involved in a truck wreck. These organizations work to execute well-formulated strategies to ensure the most minimal compensation for those harmed. At Andrew R. Lynch, P.C., we are well-versed in these tactics and will protect your rights and fight for the compensation you deserve.

We can help determine if you are may be eligible for compensation for the following:

For help with your trucking accident case, turn to Andrew R. Lynch, P.C..

Common Mistakes to Avoid After an Auto Accident

An auto accident can definitely leave you in a state of shock. However, what you do immediately after an accident impacts your compensation. Here are some common mistakes you should avoid:

Seek Legal Protection

An experienced lawyer from the Lynch law Group can help you recover losses resulting from a car accident and/or reduce the hefty amount of paperwork, “red tape,” and hassle often associated with car accident insurance claims.

Tips for Dealing with Insurance Companies After a Car Accident

In Georgia, car owners must carry proof of insurance coverage.  If the other driver has no liability insurance or does not carry enough insurance to pay for your injuries, your own policy may provide you with uninsured or underinsured motorist benefits. When dealing with the insurance companies following your car accident, keep these tips in mind:

If you were involved in a car accident and need legal guidance, do not delay in contacting Andrew R. Lynch P.C. for a consultation.

Traumatic Brain Injuries (TBI): What you need to know

As a Georgia brain injury attorney from Andrew R. Lynch, P.C. has seen, traumatic brain injuries (TBI) can have lasting and devastating impacts. Both victims and their families lives may change forever. The brain is such a vital component of the human body, so when it suffers an injury, there are many changes that can develop. A person may struggle with physical and mental tasks that were easy to perform before the accident. Or, some victims may succumb to their injuries and not survive. To add anguish to the injury, it is also possible that another person had caused the TBI incident to happen. That is when the victim or the surviving family must take legal action to hold the responsible party accountable.

What symptoms are common for TBIs?

Your Georgia TBI Lawyer can explain common symptoms for a traumatic brain injury during a consultation, and how they can vary based on severity. Those who have a more mild brain injury, such as a concussion, may exhibit memory lapses, trouble concentrating, changes in sleep patterns, light sensitivity, nausea and/or vomiting, dizziness, and brief loss of consciousness. Victims who have a more serious brain injury may experience:

How is a traumatic brain injury (TBI) treated?

Depending on the severity of the brain injury and where it’s located, there are a few approaches to treating a TBI. Mild brain injuries like concussions may get better on their own with just rest and sleep. But for more serious injuries, hospitalization, surgery and long-term physical therapy may be needed. Talk with your TBI Lawyer in GA about the financial loss you endured due to a TBI that was caused by another party, so compensation can be pursued through a lawsuit.

What could I get in compensation for my TBI?

If you or a person you care about suffered a traumatic brain injury and someone else was at least partially at-fault, then you may have a case against them. The surviving family of the victims who passed away due to a traumatic brain injury can take legal action on behalf of their loved one. After talking with a  Georgia Brain Injury Attorney, you may be advised to pursue a lawsuit to receive compensation for the following damages:

What do I have to prove in order to show negligence was a cause of the TBI?

The best way to find out if you have a strong case against someone else for causing a TBI, is to consult with a Traumatic Brain Injury Lawyer in GA from Andrew R. Lynch, P.C. as soon as possible. Victims or surviving families who are interested in filing a lawsuit, may ask about how to prove negligence as a cause of the traumatic brain injury. Common lawsuits related to personal injury and negligence include car accidents, medical malpractice, slip and fall accidents, and workplace accidents. Negligence can be shown by bringing forward supportive evidence pertaining to:

  1. Duty: the party being sued had a duty to the victim to not act in a manner that would cause harm to others.
  2. Breach of Duty: the party being sued did not fulfill their duty or had fallen below a standard of care.
  3. Causation: this breach of duty had at least partially caused the accident.
  4. Damages: the breach of duty led to quantifiable damages for the victim.

If you or someone you love has become the victim of a TBI because of another’s carelessness, then it’s time to meet with a GA TBI Lawyer from Andrew R. Lynch, P.C.. immediately.

Ride Share Liability in Georgia

Injured in a Ride Share Accident in Georgia? Here’s What You Need to Know About Uber and Lyft Liability

How Georgia Law Defines Ride Share Companies

Georgia law refers to ride share companies like Uber and Lyft as Transportation Network Companies (TNCs). These companies use apps to connect riders with drivers who use their personal vehicles to offer rides.

TNCs must be licensed to operate in Georgia and are required to follow strict safety rules, including:
– Performing criminal background checks on drivers,
– Ensuring vehicles pass inspections,
– Keeping insurance coverage in place depending on what the driver is doing at the time of an accident.

The Insurance Coverage Depends on What the Driver Was Doing

The amount of insurance available to pay for injuries or damages depends on what the Uber or Lyft driver was doing at the exact time of the accident.

Driver Was NOT Using the App:
If the driver wasn’t logged into the Uber or Lyft app, then they’re considered to be using their car for personal reasons. In this case, only the driver’s personal auto insurance applies.

Driver Was Logged In but Hadn’t Picked Up a Passenger:
Georgia law requires Uber and Lyft to carry at least $100,000 in injury liability coverage per accident for this “waiting” period.

Driver Was On the Way to Pick Up a Rider or Transporting One:
If the driver had accepted a ride request or was transporting a passenger, Georgia law requires Uber and Lyft to provide at least $1 million in insurance coverage for injuries and property damage.

Can Uber or Lyft Be Sued Directly?

Yes, but it’s complicated. Uber and Lyft classify their drivers as independent contractors, not employees. That means they often try to avoid responsibility for their drivers’ actions.

However, under Georgia law, ride share companies can still be held liable in certain situations:
– Negligent access to the ride share application,
– Negligent retention as a driver,

If a ride share company knew—or should have known—that a driver was unsafe, they can be held liable in court.  What this means is that the Ride Share Network had to actively be negligent in leaving the driver access to their application.

What If You Were a Passenger and Got Hurt?

If you were a passenger in an Uber or Lyft, and were hurt in a crash, Georgia law gives you strong protections.
– The $1 million ride share insurance policy almost always applies.
– If the Uber or Lyft driver caused the crash, you can bring a claim against their commercial policy.
– If another driver was at fault, you can pursue a claim against that driver—and possibly still access the ride share’s uninsured or underinsured motorist coverage.

What If You Were Hurt by a Ride Share Driver While Outside the Vehicle?

If you were:
– Hit by an Uber or Lyft driver while driving your own car,
– Walking or biking and got struck by a ride share vehicle,
– In another vehicle involved in a crash with a ride share driver,

then you also may have a right to recover under Uber or Lyft’s insurance policy, depending on what the driver was doing at the time (what status were they on the rideshare application).

What About Assaults or Sexual Misconduct by Ride Share Drivers?

There have been disturbing reports of passengers being assaulted or harassed by drivers.
Victims may have a legal claim against the driver and Uber or Lyft for:
– Negligent hiring or background checks, was there prior criminal history that should have prevented the driver from accessing the ride share network,
– Failure to investigate complaints made to the Ride Share Network,
– Failing to provide adequate safety features.

In short, did the Ride Share Company somehow negligently allow the 

 

Can You Still Recover If You Were Partially at Fault?

Yes. Georgia follows modified comparative fault. You can still recover damages as long as you were less than 50% at fault.
Your compensation will be reduced by your percentage of fault.

How We Help Clients After Ride Share Accidents

At Andrew R. Lynch, P.C., we’ve represented both passengers and third parties in complex ride share cases.
We:
– Investigate the driver’s background,
– Demand records from Rideshare Companies,
– Handle insurance negotiations,
– Pursue a lawsuit if needed,
– Advocate for you in court.

What Should You Do After a Ride Share Accident in Georgia?

Here are the first steps you should take:
1. Call 911,
2. Get medical attention,
3. Take photos,
4. Get contact info,
5. Do not speak to Ride Share Networks without legal counsel,
6. Contact an attorney.

Talk to a Georgia Ride Share Injury Attorney Today

Ride share accident cases are complex. Don’t try to handle it alone.

If you were hurt in a crash involving Uber or Lyft, we’re here to help.
Contact Andrew R. Lynch, P.C. today for a free consultation.

📍 Located in Decatur, serving all of Georgia.
📞 Call us at 404-373-7735 or email [email protected]

What If The At-Fault Driver Has No Insurance?

Getting into a car accident is stressful enough. But imagine finding out that the person who hit you doesn’t even have car insurance. It happens more often than you might think as a truck accident lawyer can share — especially in heavily populated states, where many drivers are uninsured or underinsured.

If you’re injured in a crash and the at-fault driver has no insurance, don’t panic. You still have options. In this post, our friends from Mickey Keenan P.A. break down what you can do, how uninsured motorist (UM) coverage works, and where you can turn for help.

How Uninsured/Underinsured Motorist (UM/UIM) Coverage Can Save You

One of the best ways to protect yourself before an accident ever happens is by having Uninsured/Underinsured Motorist (UM/UIM) coverage on your auto insurance policy. This coverage kicks in if you’re injured by a driver who either has no insurance or doesn’t have enough to cover your medical bills and other damages.

In some states, UM/UIM coverage isn’t required — but it’s one of the smartest add-ons you can have. It can help pay for:

If you’re not sure whether you have this coverage, check your policy or talk to your insurance agent. It’s worth it.

Legal Options When There’s No Coverage

What happens if you don’t have UM coverage and the other driver is uninsured? You may still have legal options.

Here are a few things to consider:

Talking to a personal injury attorney can help you understand what legal routes make the most sense in your situation.

Financial Resources And Protection Strategies For Uninsured Injury Victims

When you’re dealing with injuries and an uninsured at-fault driver, managing the financial side can feel overwhelming. However, there are resources and strategies that may help:

Even if it feels like the odds are against you, the right legal guidance can help you find a path forward.

Don’t Face It Alone

If you were injured in an accident and the at-fault driver had no insurance, you’re probably feeling frustrated, confused, and overwhelmed. You don’t have to figure it all out by yourself. Contact a lawyer near you for help.

Determining Fault In A Pedestrian Related Accident

When a vehicle hits a pedestrian, one of the first issues that comes up is determining who is at fault. While it might appear clear-cut at first glance, determining fault in a pedestrian-related accident requires a close look at the facts. Both drivers and pedestrians are expected to follow traffic laws, and fault may rest entirely with one party or be shared between them. Attorneys can attest to how small details often shape the outcome of these cases.

Evaluating The Circumstances Of The Incident

The first step in assessing fault is examining where and how the accident occurred. Was the pedestrian in a marked crosswalk? Did the driver have a green light or a stop sign? These questions are central because traffic laws establish right-of-way rules that help determine legal responsibility. For example, a driver who fails to yield at a pedestrian crosswalk is more likely to be held liable. On the other hand, if a pedestrian unexpectedly enters the street outside of a crosswalk or against a signal, that could weigh against them.

It’s also necessary to consider whether the driver was speeding, distracted, or impaired. Traffic camera footage, witness statements, and police reports often provide the needed context. At the same time, pedestrian behavior is also scrutinized. Jaywalking, texting while walking, or crossing streets at night without reflective clothing may factor into the analysis of who contributed to the collision.

Shared Fault And Comparative Negligence

In many pedestrian accidents, responsibility is often shared between the parties involved. States apply different legal standards when responsibility is shared. Florida follows a modified comparative negligence rule, which means a pedestrian can recover compensation only if they are found to be less than 50% at fault. The total recovery is then reduced by the percentage of their own responsibility.

For instance, if a pedestrian is found to be 30% responsible for an accident—for crossing against a signal—any damages awarded would be reduced by that percentage. This legal approach emphasizes the importance of a thorough investigation to accurately identify each party’s contribution to the incident. A pedestrian accident lawyer would typically begin by gathering detailed records, statements, and physical evidence to support their client’s position.

Additional Influences On Fault Determination

Beyond right-of-way and comparative negligence, other factors can influence how fault is assigned. Weather conditions, poor lighting, or visual obstructions might have played a role. In some cases, defective traffic signals or a lack of signage might shift partial blame to a municipality or third party responsible for road maintenance.

Additionally, the presence of children, elderly individuals, or people with mobility impairments may require drivers to exercise greater caution. Courts often recognize that drivers must take added care when approaching areas where vulnerable pedestrians are likely to be present, such as near schools or senior centers. This expectation doesn’t exempt pedestrians from responsibility, but it may adjust the degree of caution drivers are expected to use.

When Third Parties Are Involved

In certain cases, liability may not rest solely with the driver or pedestrian. For example, if a vehicle malfunction contributed to the accident, the manufacturer could be implicated. If a construction zone lacked proper warnings, the company responsible for site safety might be involved. These scenarios are less common but are still considered during the fault review process.

Each party’s role is examined based on the evidence available and how their actions—or lack of action—contributed to the event. Insurance companies and attorneys work to assess these factors to arrive at a settlement or prepare for litigation.

Legal And Practical Considerations

Determining fault in a pedestrian accident is rarely based on one simple fact. It involves weighing the actions of both the driver and the pedestrian, reviewing traffic laws, and applying legal standards for shared responsibility. The findings can significantly affect insurance claims, civil liability, and the outcome of any legal proceedings.

We can explain how the outcome of a pedestrian-related accident often depends more on specific facts than on initial assumptions or how things may seem.

How Insurance Works In Rideshare Crash Cases

In a rideshare accident, identifying the applicable insurance policy is key to getting the coverage you need. Companies like Lyft and Uber provide insurance coverage for their drivers, but the coverage varies depending on the driver’s status at the time of the accident.

For example, if the driver was not logged into the app, their personal auto insurance policy would apply. If the driver was logged into the app but had not yet accepted a ride request, the rideshare company’s contingent liability insurance may come into play. This coverage typically includes limited amounts for bodily injury and property damage.

When a driver is actively transporting a passenger or on their way to pick one up, the rideshare company’s full liability insurance is usually in effect. This policy often includes higher limits for bodily injury and property damage, as well as uninsured/underinsured motorist coverage.

Filing A Claim After An Uber Or Lyft Accident

If you were involved in a rideshare accident, filing a claim begins with determining who was at fault. This could be the rideshare driver, another motorist, or a combination of parties. Once fault is established, you can pursue a claim against the appropriate insurance policy.

For passengers injured in a rideshare vehicle, the rideshare company’s insurance typically provides coverage. However, if another driver caused the accident, their insurance policy would be the primary source of compensation. In cases where the at-fault driver lacks sufficient coverage, the rideshare company’s uninsured/underinsured motorist policy may cover the remaining damages.

For rideshare drivers, the process depends on their status at the time of the accident. If they were not using the app, their personal auto insurance applies. If they were logged into the app but waiting for a ride request, the rideshare company’s contingent liability coverage may be available. During active rides, the company’s full coverage is typically in effect.

Types Of Compensation Available

Victims of rideshare accidents may be eligible for various forms of compensation. This includes medical expenses, lost wages, property damage, and pain and suffering. In cases involving severe injuries, compensation for future medical costs and loss of earning capacity may also be available.

Insurance companies often aim to minimize payouts, which is why having legal representation can be beneficial. An experienced Lyft accident lawyer can help evaluate your case and negotiate with insurance companies to seek fair compensation.

The Importance Of Legal Guidance

Rideshare accidents often involve multiple parties and insurance policies, making them more challenging than standard car accidents. Consulting with a car accident attorney can help clarify your legal options and protect your rights. Your lawyer can assist with gathering evidence, identifying liable parties, and negotiating with insurance providers to seek the compensation you deserve.

Our colleagues at Choulos & Tsoi Law Firm have extensive experience handling rideshare accident cases. They understand the unique aspects of these claims and can provide the guidance you need to move forward. Whether you were a passenger, a rideshare driver, or another motorist involved in the accident, having legal support can make a significant difference.

Don’t Hesitate To Seek Help

If you have been injured in a rideshare accident, it’s important to act quickly. Deadlines for filing claims, known as statutes of limitations, vary by state. Failing to file within the required timeframe can prevent you from recovering compensation. By consulting with an attorney soon after the accident, you can understand your options and take the necessary steps to protect your rights.

Whether you were injured in an Uber or Lyft accident, legal professionals can help you navigate the claims process. By understanding the insurance policies involved and pursuing the appropriate avenues for compensation, you can work toward recovering the damages you have the right to receive.

The Four Most Common Signs Of Nursing Home Abuse

As the population ages, many families entrust their elderly loved ones to nursing homes, believing they will receive compassionate and professional care. While most facilities fulfill their responsibilities, instances of nursing home abuse remain a troubling reality. Abuse in such settings can take many forms, including physical, emotional, financial, and neglect. Identifying the signs of abuse is crucial to protecting your loved one’s well-being. Below are four of the most common signs that a loved one may be a victim of nursing home abuse.

Unexplained Physical Injuries

One of the most telling signs of nursing home abuse is the presence of unexplained physical injuries. These can indicate physical abuse, neglect, or a lack of proper supervision. Be vigilant for:

If nursing home staff cannot clearly explain these injuries or seem evasive, this is a red flag that warrants further investigation.

Behavioral Or Emotional Changes

Abuse can also take an emotional or psychological toll, causing noticeable changes in your loved one’s behavior. Victims of emotional abuse or neglect may exhibit:

These behavioral shifts often stem from feelings of powerlessness, fear, or humiliation, which are common consequences of emotional abuse.

Signs Of Neglect

Neglect, a common form of nursing home abuse, occurs when caregivers fail to meet residents’ basic needs, including food, hygiene, medical care, and a safe living environment. Common indicators of neglect include:

Neglect can be subtle, but its consequences are serious, potentially leading to severe health complications or even death.

Unusual Financial Activity

Financial exploitation is another form of nursing home abuse that often goes unnoticed. Perpetrators may manipulate vulnerable residents or access their funds without consent. Warning signs include:

Financial abuse often leaves victims feeling ashamed or powerless, so regular monitoring of their finances is essential.

What To Do If You Suspect Nursing Home Abuse

If you observe any of these signs, take immediate action:

Document evidence: Take photographs of injuries or unsafe conditions, keep detailed notes of concerning behaviors, and save financial records showing unusual activity.

Speak with staff and administrators: Bring your concerns to the nursing home management, but approach these discussions cautiously if you suspect staff involvement.

Contact authorities: Report suspected abuse to your state’s adult protective services (APS) agency, local law enforcement, or the long-term care ombudsman program.

Seek legal assistance: Consult an  Atlanta nursing home lawyer to understand your loved one’s rights and explore potential legal remedies.

Contact Our Office For Legal Help

Nursing home abuse is a serious issue that requires vigilance and swift action. By staying alert, you can protect your loved one from harm. If you suspect abuse, act immediately to safeguard their well-being and hold the responsible parties accountable. Call  Andrew R. Lynch, P.C. for a free and confidential consultation.