Recent Blog Posts

Bicycle Rules of the Road

Steven Leibel — Thu, 03 May 2012 18:39:00 GMT

As springtime approaches many of us will take trips on the many highways, and by-ways of our beautiful mountain areas. Some of us will drive these roads in our cars and trucks while others will ridetheir bikes. It is almost guaranteed thatin beautiful weatherthere will be an auto and bike encounter. Regardless of which manner of transportation one chooses there are legal rules of which govern bicycle and auto conduct. These rules are designed for everyone’s safety. Violations of these laws subject the violator to claims of civil negligence, as well as a traffic ticket.

1. “When feasible,” when overtaking and passing a bicycle on the roadway, the operator of a motor vehicle must leave at least THREE FEET between the vehicle and the bicycle until safely past the bicycle.(O.C.G.A. Section 40-6-56). Simply put, there are minimum distances to safely pass a bicyclist.

2. Ride as near to the right side of the roadway as practical, except: when turning left, avoiding hazards, the lane is too narrow to share with a motor vehicle, traveling at the same speed as traffic, passing a stopped vehicle or one proceeding in the same direction, or when there is a right turn only lane and you are not turning right. (O.C.G.A. Section 40-6-294).

3. Persons riding bicycles on the roadway can not ride more than two abreast except on bicycle paths, bicycle lanes, parts of the roadway set aside for the exclusive use of bicycles, or when a special permit is issued by a local government. (O.C.G.A. Section 40-6-294).

4. Where a bicycle lane is provided on the roadway, the operator of a motor vehicle must yield to a person operating a bicycle in the bicycle lane. (O.C.G.A. Section 40-6-55).

5. When riding in a bicycle lane, you must ride in the same direction as traffic on the roadway. (O.C.G.A. Section 40-6-294).

6. No person under the age of 16 shall operate a bicycle without wearing a helmet. (O.C.G.A. Section 40-6-296).

7. When riding at night, your bike must be equipped with a front white light visible from 300 feet and a red reflector on the rear. (O.C.G.A. Section 40-6-297).

8. The parent of any child and the guardian of any ward shall not authorize or knowingly permit their child or ward to violate the rules of the road. (O.C.G.A. Section 40-6-297).

9. A child under the age of one year may not ride as a passenger on a bicycle, but may ride seated in a bicycle trailer or carried in an infant sling. (O.C.G.A. Section 40-6-292).

10. RIDE SAFELY, RIDE PREDICTABLY, KEEP A PROPER LOOKOUT, SIGNAL, BE VISIBLE, PASS ON THE LEFT, SHOW RESPECT, and OBEY ALL TRAFFIC LAWS. (O.C.G.A. Section 40-6-290 et seq.).

These rules of the road are your safety, and are the law in Georgia.

When people are involved in accidents we look to these rules to determine the negligence, or responsibility of both parties before we can take legal action. Traffic rules like these, set out the legal requirements that protect us all. As a law practice located in North Georgia we deal with many auto-bicycle wrecks. Often times people who ride their bikes have no insurance covering them while on the roadways. I suggest that you contact your insurance agent to see what coverage’s you may have or need to protect yourself before getting on a roadway. Many people who are without health insurance can face an economic shock after being injured on a bike. Additionally bike-auto accidents can cause loss of work, and other severe damages due to the nature of these injuries. Many of our clients have had to endure many months of physical therapy to come back from these encounters.

I hope that you and your loved ones will enjoy this beautiful time of year. Come up to our mountain areas and bring your bikes! Please be careful to read, and follow these rules and be safe.

Who are you really suing?

Linda King — Sun, 01 Jan 2012 18:35:00 GMT

I hope all of my readers had a joyous holiday filled with warmth of good friends and family. Now that we are in January I hope the New Year brings good tidings of health and prosperity.

As we head into the New Year, many of will be faced with the realities of an accident. Whether from an auto or motorcycle accident the prospect of medical bills, and pain and suffering may befall some readers or their families. To those who read my column you know I am well acquainted with the pitfalls of those who face such tragedies. As you also know I am a firm believer in protecting oneself with adequate auto insurance including medical pay coverage insurance, and sufficient underinsured/uninsured motorist protection, especially add on coverage's. Perhaps one of your New Year's resolutions will be to have a meeting with your insurance agent to discuss your insurance limits and determine the best coverage available to you and your family. This is especially important for seniors who have Medicare coverage, and those on Medicaid because the Government wants to get paid back when you are in an accident. Frankly there is no reason not to carry the maximum medical pay limits of $100,000 (one hundred thousand dollars) to avoid paying back the Medicare or Medicaid you may owe. This advise stands equally true for those who have no health insurance as a serious injury can lead to bankruptcy.

In every motor vehicle case we must find out who caused the accident and the extent of insurance coverage they carry. Georgia requires each automobile owner to carry a minimum policy of insurance. In the event there is not enough coverage we look to see if our client's uninsured motorist policy will make up the difference between the responsible party's policy and the value of the claim. In many cases we look to the assets of the responsible driver if they don't have enough insurance. In every case we try to resolve a case without the necessity of filing suit. We always hope that the insurance company representative handling the responsible party's claim will be reasonable and will settle the claim for a reasonable amount without our having to bring a lawsuit.

In most every case our clients want to avoid going to court. They know that their claims involve an insurance claim, and can't believe that the insurance adjuster can be so unreasonable. What many can't believe is that when a lawsuit is finally brought it has to be filed against the driver who caused the accident so that any insurance coverage will be triggered to cover the loss. That responsible driver when covered by insurance will be given a lawyer chosen by the insurance company. In some cases the lawyer chosen by the insurance company is one employed directly by their own insurance company.

Although insurance is required in each vehicle no mention of insurance can be made or discussed before a jury. In most circumstances Georgia law prohibits the fact of any insurance and insurance coverage. This rule is designed to protect insurance companies and to not prejudice the jurors from awarding money against their insured's. Although insurance cannot be discussed in front of the jury there are hints about insurance coverage starting from the time of the jury selection process. At trial the Judge asks the question of each juror to determine if any juror has an interest in the case. That is why the judge asks each person if they are a stockholder or in the case of a mutual company a policy holder of a particular insurance company that may be called upon to pay for the damages in that case. The further fact of any insurance is never discussed again.

In actuality every document introduced at trial cannot mention insurance and has to be whited out before a jury can see it.

I have found this rule about keeping insurance out of the jurors' minds to be quite effective. People try to deliberate very carefully when they don't take insurance into the picture. This has the effect of minimizing jury awards because jurors are asked to place the blame on a person rather than the insurance company.

The insurance rule is just one of the many complexities of going to trial. In future columns I will write about other aspects of the trial process.

The Jury System

Linda King — Fri, 16 Dec 2011 01:10:00 GMT

The 400 edition cover of a traditional old fashioned reminds me of our common heritage with the people of England who made their way across the oceans to come to America. Our Colonial past has given us much of the freedoms we enjoy, as the traditions of English liberty were adopted by our founding fathers.

In fact it is interesting to note that we in the United States share the English common law as a basis for many of the laws, which govern us today.

The system of trial by jury, which is the underpinning of freedom, comes directly from the jury system that was in place in England in 1776. This jury system is the only institution that is totally free from political influence, and guarantees our citizens an objective, and unbiased decision. Juries not judges are the finders of fact. They alone can decide the fate of an individual's case. Juries are comprised of ordinary people. Persons like you, who make a decision, and as free citizens are in charge. What other government institution can claim that type of pedigree!

The jury system decides all in both the criminal, and the civil area of the law. The jury decides the guilt and innocence of those charged by the police. They are the bulwark of freedom, and the protection against totalitarianism. In the civil system they monitor and make sure that people who are wronged are fairly compensated. Although the insurance industry casts stones against juries-the truth is that juries make people do the right thing.

Juries make decisions that are unpopular. Jurors must take an oath to be free of bias, and to follow the instructions of our judges. Jurors are the most important part of our judicial system. Their role of the guardians of our system even surpasses the role of the Judges, and the lawyers. How great were our founding fathers to guarantee the right of free citizens to a trial by jury under the Seventh Amendment of the bill of rights.

As a trial lawyer who represents injured people, I am grateful to the people who serve as our jurors. Our jurors serve for low pay, and long hours. However their service is essential and we should all appreciate, and honor their role in keeping insurance companies straight. If we did not have the jury system, ordinary people would be left without any recourse. The big guys don't control the judicial system, the people do.

Old-fashioned Christmas evokes good food, and wonderful times. The spirit of giving, and good cheer. But for me as a trial lawyer, Old-fashioned Christmas makes me think about the traditions of England, and the strength of the jury system, which ensures our freedoms.

In this very special season, I wish all of you a wonderful holiday, and a Merry Christmas.

Halloween Holiday

Steven Leibel — Wed, 26 Oct 2011 18:15:00 GMT

Every year the children of our town (and those who want to relive their childhood) dress up for Halloween. The merchants and business people of the Dahlonega Square welcome them with smiles not to mention loads of candy for each goodie bag. This celebration casts the Halloween holiday in its best light. Well lighted and safe streets make for a welcome event.

Homeowners and renters also participate in the Halloween spirit outside of the safe environs of the square. Neighbors often place extravagant displays outside of their homes with invitations for outsiders who dare to come in. Others prefer to have parties for their friends, and neighbors.

All of these activities can lead to injuries if not thought out, and planned for. If someone places a display which presents a tripping hazard then a friend or neighbor can get hurt. If someone has a party in a room with poor lighting and a friend gets hurt, then who has responsibility for the medical bills and other damages. What happens if there is too much noise, or the streets become clogged with vehicles? Who has responsibility then?

Halloween also can present a more sinister and dark side. Vandalism, and other acts of sabotage can ruin more than an evening. Fights and other acts of violence can make for a night in jail.

The law places many burdens and responsibilities on those who own and/or control property and conditions that present a hazard.

The issues presented in premises liability are amplified during Halloween because more people use the holiday to get out and have fun. People who normally never have visitors will open their doors to those asking for candy! Although well intentioned those homeowners, and renters did not plan adequately to avoid the hazards that come with the holiday.

As a lawyer I advise my clients to plan for Halloween. Tripping hazards and lighting needs should be reviewed and assessed. Adequate clearances, and well lit steps can help avoid liability problems later. Guardrails, handrails, and decking should be examined to assure that they ate in a safe and working order.

The careful serving of alcohol and the procedures on making certain that intoxicated individuals remain safe is also recommended. Having the number of a cab company can be a simple yet important precaution,

As a lawyer I always believe that each person needs to have a lawyer assist them as necessary. In that regard I also recommend that each person review their insurance policies to make sure that all common hazards are covered. A good talk with your insurance agent could help protect you from the goblins of Halloween with adequate coverage. A good policy can assure protection from the risks of a bad incident. Lawyers who work by the hour can be pricey. A good insurance policy from a reputable company not only will cover damages but just as importantly your lawyer fees (usually when those lawyers are provided to a policyholder from their own insurance company).

In my career I have tried and handled many premises related accidents. Oftentimes premises accidents are more horrific than auto accidents as the human body does not have its own air bags, or other safety devices usually found in a vehicle! Thus slip and falls, and other premise related injuries result in higher damage awards against the land owner or renter or both. Just recently we resolved a knee injury case for over $300,000 in a slip and fall due to water leakage in a store. Six figure verdicts and settlements are not uncommon in this area of personal injury.

A good lawyer should be sought in the event you are hurt during Halloween or at any other time you are injured in a premises related accident as special rules apply on liability.

I hope everyone enjoys the Halloween fun. Be careful, and be safe, and have a great time!

Brain Injury

Steven Leibel — Wed, 28 Sep 2011 20:45:00 GMT

One of the more tragic consequences of any accident is brain injury. Brain injury occurs as a result of different types of trauma. A brain injury can differ in severity from mild to moderate to severe.

A typical cause of brain injury is through the striking of the head on a fixed object like the pillar post of a car, or by falling onto a hard surface. However some brain trauma can be caused by forward and backward motion in a whiplash type accident where the brain hits the skull and becomes damaged.

After an accident EMT,s and other first responders use medicL tests to determine whether a person appears to have brain trauma. They look at the pupils of the eyes to look for unequal size, and they ask questions to determine whether a person seems confused or dazed.

If head trauma is suspected doctors may order a CT to rule out swelling or brain bleeds .

in our practice we often question our clients on the head trauma they sustained in an accident. Mild head trauma may show up as forgetfulness and anxiousness. This can also lead to depression. In some cases head trauma from whiplash can damage the brain stalk where the pituitary and hypothalamus glands are located. There are reported cases of women who as a result of this brain stalk injury can lose fertility.

More severe head trauma can lead to swelling in the brain, resulting in the placement of shunts to remove fluid so that the brain does not suffer as much damage. These major traumas can lead to the loss of short term, and long term memory. Major brain injuries can also result in more significant cognitive deficits such as delayed speech as well as full and partial facial paralysis. Brain injuries also can affect personalities. They can also significantly lower the IQ of the injured party.

Loved ones who live with brain injured persons may have their own claims against the person who caused their spouse to be injured.

Everyone has read about the horrific shooting of Congresswoman Gabriel Giffords. The gunshot caused major brain damage which is being treated. Details about her recovery have been spotty . However the New York Times reported that members of her staff say Congresswoman Giffords recently began speaking for the first time since the Jan. 8 attack by a gunman in Tucson. Brain injury patients who regain speech typically begin to do so within months of the event. With determination and good medical care recovery can be made sooner. Unfortunately, many of our clients are woefully underinsured. They will never be able to receive necessary treatment and rehabilitation for a complete recovery. That is why I always recommend that everyone carry good insurance.

In Georgia an injured person is responsible for their own medical treatment unless they have adequate medical pay or health insurance to cover their loss. Most of the time people with catastrophic injuries will be unable to recover enough money from the person who caused their injuries because that person doesn't have but minimum limits coverage.

As a former member of the Brain and Spinal Injury Trust Fund Commission I am aware of the devastating impact of brain injuries. I have seen the need for trauma centers, and well trained first responders. I also know how important it is to have a competent legal assessment of the situation. In any brain injury case experts may be called upon to review a life care plan, and to create special needs trusts, Oftentimes a guardian will have to be appointed because an individual is no longer competent to take care of themselves.

Everyone needs to go over their financial situation with. qualified financial advisor, and insurance professional. The best way to protect yourself is to be careful, and to plan well.

Pain and Suffering

Steven Leibel — Thu, 22 Sep 2011 20:45:00 GMT

As spring has sprung we look forward to more time outdoors, and to enjoy many activities not available in colder weather. We embrace the beautiful weather, the colors of new growth and the outdoor sounds of birds and insects. We get together with our family and friends to enjoy life and take joy in one another.

The enjoyments of life that we all take for granted are recognized under Georgia law as part of a component of damages when a person becomes injured. When a person is injured and can no longer enjoy their quality of life, these losses are covered under the term of pain and suffering. These losses of the quality of life are oftentimes more important to a client than any economic loss because even if you have a lot of money, how can you enjoy it when you are suffering, or have a physical limitation?

This recognition by the law in accident situations also extends to more tragic circumstances such as actions brought for wrongful death. In a wrongful death case the Court normally charges a jury to consider the intangible value of a life of a person which includes how they enjoyed life while they were alive.

Enjoyment of life also extends to the enjoyment of our relationships with our spouse. When one is injured a relationship can also be injured. Oftentimes a spouse suffers more than the physically injured person. Roles in relationships become reversed. Wives become caregivers, and breadwinners when their husbands become incapacitated. When a relationship is damaged their is a derivative cause of action given to spouses for their own losses. This is called loss of consortium. It is based on the old common law doctrine of property damage. In the old days women were property of men, and when a wife was damaged she was considered property of a man, and the man could be compensated for damages to his property. This being unfair the system gives this property right to both men and women.

The law's recognition of these non economic component of damages speaks highly of our legal system. It shows that our system of justice recognizes that people are more than just a wage earner but are human beings with thoughts and feelings. When people get injured they often suffer more physically, and emotionally than economically.

When a trial lawyer like myself is given the privilege of representing injured persons we must recognize and explore the many aspects of individual pain and suffering. At trial we have to prove and explain to a jury how our client and their families have gone through their own painful trial due to the negligence of another. Pictures, videos, and diaries assist the trial lawyer in their presentation to a jury panel, or judge.

We should be proud of our legal system which recognizes and respects the humanity we each have in us.

Free Speech

Steven Leibel — Tue, 13 Sep 2011 20:35:00 GMT

I oftentimes write about the beautiful view from my office overlooking the square of beautiful downtown Dahlonega. Each day is always a treat for I can see the comings and goings of the town I call my home.

In every small town there are lots of organizations where people can express their views knowing that we live in a free society. I often hear that folks have freedom of speech and that tney are free to express their views to everyone or anyone no matter where they are, or who they talk to. People believe that there constitutional right to free expression is unhindered no matter where they are, and no matter what the circumstances.

This belief that people have an absolute right to freedom of speech is oftentimes incorrect. The Constitution only applies to freedoms between the government and the people. It does not grant people the absolute right to say or do anything, nor require organizations or business to grant people the right to do or say anything.

Private speech between persons not involving the government may subject the maker of offensive speech liable to another for slander (spoken) or libel (written) speech. In recent legal cases persons who blogged improperly and have libeled another have been hit with large monetary damages. As technology has allowed people to hide their identity on the internet, other technology has allowed others to find them.

Even newspapers cant publish anything they like. They too have an obligation not to libel individuals or businesses with untruths. They cant intentionally malign public figures with unsubstantiated articles.

A typical example of the lack of free speech is in the workplace. in business speech may be highly regulated. Many types of speech can be regulated if not outright banned. common discourtesy may give rise to termination. Employers usually prohibit speech they finds objectionable or unrelated to its business. An employer may ban certain types of speech and at certain times of the day. They might ban personal access to Facebook or other social media. They can ban or restrict certain types of solicitation such as Mary Kay, or church raffles. Union solicitation is highly regulated.

Private organizations are generally free to do what they want when it comes to political speech. To whom, and how they rent their facilities is usually a private matter.

Restrictions on what they run in their private newsletters can be as restrictive as that organization desires.

The issues of freedom of speech becomes more defined in the area of government regulation of speech Generally citizens have a right to express their beliefs freely without fear of government arrest. However speech involving the interplay between the Government and its employees is different. Generally the Courts do not protect those in the government workplace whose speech involves purely personal matters that do not rise to the level of public concern.

Businesses also have a right to free speech when their conduct is regulated by the government. Sign ordinances, liquor ordinances, and other forms of government regulation of business speech are often decided upon in a court. in the area of commercial free speech businesses often time can challenge rules which arbitrarily place limits on advertising.

Free speech is a cornerstone of our democracy but the regulation of speech will continue in the age of the internet, and cyberspace.

Winter Hazards

Steven Leibel — Tue, 06 Sep 2011 20:40:00 GMT

Although we rejoice in the beauty of the winter snow we should be mindful of the treacherous conditions that the snow often masks. The perils of ice and the slippery ground surfaces often lay quietly beneath the snowy surface. Winter brings special hazards which often result in slip and falls, and auto accidents.

In Georgia there is no requirement that an insurance company pay anyone any money regardless of fault. It is up to the insurer if and when they want to pay a claim. If an insurance company will not pay a claim, a persons only redress is to file suit against the person who hit them. The insurance company will then defend the person accused of being at fault. The defendant in the lawsuit will not be the insurance company but the individual or company who caused the accident.

As a personal injury attorney I advise my clients to purchase adequate insurance coverages which can protect themselves and their loved ones if they suffer an automobile accident. In today's world I advise people to buy medical payments coverage to pay for medical bills regardless of who is at fault. Medical payments coverage protects those who ride in your car . It also covers medical bills for those in your family should they be riding in another persons vehicle as well as your own. This valuable coverage is important because it pays for all medical bills (up to the defined policy limit) regardless of whether a person has health insurance or not. For those without health insurance it is a must. Medical pay often times can avert a crisis as it keeps medical bill collectors away.

This coverage is also essential for those receiving Medicare or Medicaid or those with employer self funded health insurance plans. This is because those covered under those types of plans may have to reimburse the plan or the government for their coverage. Oftentimes medical pay coverage can be used to pay the government or employer pay plans back. This effectively allows you to settle your case without worry on how you are to pay them back.

I also advise people to carry add on underinsured/uninsured motorist coverage. This coverage provides for an additional layer of protection for each covered person. What this means is if you are involved in an automobile accident add on coverage adds an additional amount you can collect if the person who hits and injures you doesn't have adequate coverage to compensate you for your injuries. This coverage normally extends to those riding in the car with you. I always recommend that your coverage should always be equal to what you carry in case you hit someone.

Many insurers provide disability coverage and or lost wages coverages. I know that in these times people who get injured can't afford to be off work. Thus if your insurer has lost wage protection you should look into it. There is nothing worse than to be hurt, out of work and poor. Adequate coverage can at least keep you afloat.

As auto insurance is required for all owners of vehicles - people who are injured have some level of protection when involved in an accident. The same can not be said of premises liability. When someone is injured on another's property the results can be devastating. Generally people who are injured on someone else's property do not have any protections. Unless the land owner had purchased medical payments coverage for those injured regardless of fault, most people can not not get any funds without the assistance of a lawyer. I advise people who have been injured on someone else's property not to speak to the land owners insurance company without talking to a me first. This is because there are many ways that the insurance company can avoid payment to those injured on their insured property. Premises liability law is complicated.

Because of the many perils out there, I advise my clients to purchase any employer offered plan covering disability. Oftentimes employers provide a minimum level of disability and workers compensation which can be supplemented by purchasing additional insurance. When a person is out of work without any other source of income everything can be lost. Every business owner should specifically include themselves under workers compensation. This coverage is extremely inexpensive in the context of being included in an existing plan and provides essential medical coverages when injured on the job.

Getting a qualified attorney to help you is an important safeguard of your rights. With complicated medical payback issues, an attorneys help is necessary. Additionally some insurance company's will attempt to trick you into settling your case by sending a letter and a check. If you cash the check without reading the language on the check there will be issues on whether you settled your claim no matter how badly you were hurt. An experienced lawyer can help guide you to a better conclusion than by going it alone.

Insurance Policies

Steven Leibel — Wed, 31 Aug 2011 20:29:00 GMT

As a regular columnist in the 400 Edition I view my role as an advocate for truthful information. I am always concerned that we the public are not given all the facts to make a well-informed decision. My column today concerns insurance policies.

As consumers we are bombarded with commercials from various automobile companies for inexpensive coverage. These commercials tout low rates, and great service. Their spokespersons include cavemen, reptiles, and others. These low rate guarantors never explain the fundamentals of why you need or should buy their product. They only imply that you need cheap rather than adequate insurance in order to comply with government-mandated limits. These spokes models never tell you that inadequate insurance can cause more harm than good, and that you can quickly lose everything in the event of a catastrophic injury.

Last month I was retained by a family, which went on line to buy their auto insurance. They purchased barely adequate insurance with no provisions for medical payments. They had switched from a more expensive full service insurer with a great reputation to one of the TV insurers. When they went on line they were not advised on what type of coverage's was needed for themselves or their children. They chose cheap insurance.

On that dark and stormy night disaster struck. The accident occurred independent of some hanging onto their car causing mischief. My client and her child were hit head on and then forced into a ditch. Fire rescue was called and a jaws of life was used to open the door to extract the child. She was life-flighted to Scottish Rite, and her mother transported to a local hospital. My client was incapacitated, her daughter miles away, and her husband left to handle the situation.

There were no funds for living expenses, no funds to pay deductibles, and barely enough to take care of other necessities. Had they had better coverage, and better planning they would have been able to shelter themselves from these economic realities.

No TV, or on- line insurers proposed greater more extensive limits or coverage's. Cheap was the bottom line

It is important that people understood the value of good insurance coverage. I recommend that anyone buying auto insurance consult with an agent who should spend time with them to understand their needs.

Many types of insurance are available. I recommend adequate add on uninsured motorist coverage - which piggybacks or supplements someone else's policy limits. I always suggest that people buy medical pay coverage. This is an essential coverage which helps persons avoid deductibles, government paybacks for Medicare, and will help cover passenger's entire medical bills. I suggest wage loss coverage, and greater property damage coverage.

People's lives are at stake when a catastrophic accident occurs. Injured persons families can lose their economic lives, and financial independence without adequate protections. Oftentimes people lose everything in an accident when they turn over their assets to pay for medical bills.

I advocate that everyone given the education or guidance they needed to make a rationale choice. I suggest that all readers take the opportunity to research, and explore their options. A thirty second commercial cant be relied upon the real work of this important decision making.

Welcome to our North Georgia Personal Injury Blog

North Georgia Personal Injury Blog — Thu, 10 Jun 2010 21:11:00 GMT

We are pleased to announce the launch of our North Georgia Personal Injury Blog.