Automobile Injury

1. STEPS YOU CAN TAKE PRIOR TO AN AUTOMOBILE COLLISION
   
   
Having adequate and appropriate insurance covering your automobile is important to you whether you are at fault or the innocent victim of a collision. In Georgia, people can purchase coverage known as "Uninsured/Underinsured Motorist" ("UM") coverage. This is generally a relatively inexpensive add on to your current automobile policy. The amount of UM coverage that you can purchase is generally limited by the amount of liability coverage that you buy in your auto policy. That is to say, you can purchase three hundred thousand and 00/100 dollars ($300,000.00) of UM Coverage if you have three hundred thousand and 00/100 dollars ($300,000.00) of liability coverage in the same policy.

Why is UM coverage important? It has been my experience and the experience of many personal injury lawyers that at least one (1) party to every automobile collision, and usually the party at fault, is either uninsured or underinsured. What do I mean by underinsured? In Georgia the minimum financial responsibility laws require that each automobile have a minimum of twenty-five thousand and 00/100 dollars ($25,000.00) per person and fifty thousand and 00/100 dollars ($50,000.00) per incident of liability insurance. In today's market place, that is thought to be grossly inadequate. UM coverage will take the place of the insurance that the wrongdoer (referred to in legal terms as the "tortfeasor") fails to carry and insure you and your passengers to a greater extent than the wrongdoer's liability policy. Put simply, if you suffer a severe injury caused by the negligence of another driver who is either uninsured or underinsured the policy limits of your policies' UM coverage would step in and act as the insurance carrier for the wrongdoer.

It is oftentimes wise to carry over and above your basic automobile liability coverage an excess or umbrella policy for an additional premium. Some companies offer, as part of that umbrella policy, to extend your UM coverage from the three hundred thousand and 00/100 dollars ($300,000.00) that you carry on your policy by an additional one million and 00/100 dollars ($1,000,000.00). Of course, there is an additional premium for this extra endorsement which will have the umbrella policy also extend the coverage of your UM coverage. I cannot overstate how many people have been seriously injured and but for the fact that they were insured by substantial UM coverage, they would have been financially ruined and unable to provide for their future financial and other needs.

We here at the firm strongly suggest that you immediately contact your automobile insurance agent and undertake a study of the relative cost and expense of increasing your UM coverage significantly if it is not already in the amount of three hundred thousand and 00/100 dollars ($300,000.00) or more. You should also follow up to see if your automobile insurance carrier offers an umbrella policy that will extend the coverage of your UM carrier.



2. WHAT IF A COLLISION OCCURS?
   
   
1. AS SOON AS POSSIBLE, AND SAFE TO DO, STOP YOUR CAR. No matter how slight the collision, if you fail to stop at the scene of any such collision, whether it involves personal injuries or damage to property, you may be subject to criminal prosecution even though the collision was not your fault. Never leave the scene of an accident in which you or your car are involved. Stop your car as soon as possible so long as doing so does not further endanger anyone else or their property. To the extent your car is drivable, you should park it without obstructing traffic. Do whatever you can to warn oncoming traffic, in order to prevent further accidents. If you have flares or triangles you should deploy them. If there is a witness or a passenger in your car who is unhurt, you should ask that person to take up a safe position and warn oncoming traffic in order to prevent any further complications.
   
   Flares, reflectors and flashlights can be purchased at most auto parts stores very economically and will store in your trunk for when they are needed.
   
   
2. RENDER AID AND ASSIST THE INJURED. If you are able and uninjured, you should immediately do what you can to render aid to those who are injured. If possible, either you or someone else at the scene should call 911 and ask for assistance from both the police and the emergency medical service. Before making the call you need to do whatever you can to be able to communicate your location accurately so that fire, rescue and police will reach you without unnecessary delay.
   
   Render first aid only if you are qualified. Normally you should not move the injured person. Keep the injured person warm by covering that person with blankets or jackets. If there is any bleeding, attempt to stop or slow the bleeding by applying pressure or a tourniquet. Anyone who is unconscious should not be given anything by mouth.
   
   
3. WHEN THE POLICE ARRIVE. Certified police officers are trained to handle almost any situation that may result from a collision. On the other hand, as a result of the collision, even though you are not physically injured, you may suffer from confusion or excitement which makes it difficult for you to think clearly at the time. If you keep a pad of paper and a pencil or pen in your vehicle perhaps you should take that out of the car to assist you in making notes which would be helpful to you in remembering certain aspects of the collision that might get lost in your memory without a written note. A printout of this information would also be helpful to you. It might also be helpful to keep an inexpensive throw away camera in your glove box.
   
   When the police officers arrive their first concern, if EMS is not on the scene, may be to administer to those who are injured. As soon as that duty has been taken care of tell the police officers briefly the basic facts as you remember the collision occurring. The report may help you if a liability claim is made.
   
   
4. OBTAIN INFORMATION ON THE OTHER DRIVER, HIS PASSENGERS AND ANY OTHER WITNESSES. If the other driver is capable of communicating, you should exchange information with the other driver. Obtain the other driver's name, address, phone number, license tag number and the name of their insurance carrier. If they have insurance cards you should obtain the information from the insurance card including policy numbers and the name of the insurance company. If the other driver will allow you to see his driver's license try to collect any information off the license that you can.
   
   
5. PREPARE YOUR OWN ACCIDENT REPORT FORM. Assuming you have paper, pencil and a camera in your vehicle you should make your own written notes on all significant facts and circumstances concerning the collision. Show the position of the cars after the collision. Step off or measure the exact distances of skid marks and other important distances. It is important that you be able, at a later date and time, to be clear on certain points such as where on the road the vehicles collided and where each of them came to rest. If you have your camera, or someone else has a camera at the scene, take pictures to preserve the relative position of the vehicles, any skid marks that show on the road, and the damage done to all vehicles involved, as well as any other physical evidence that will disappear after the accident. In the event that road construction is going on at the scene you should inspect the road construction and take photographs or draw a diagram indicating all of the information that you are unable to photograph.
   
   
6. WHILE AT THE SCENE, LISTEN MUCH AND TALK LITTLE. As much as you may want to, please do not try to explain to anyone how the accident occurred. Make as few comments as possible, keep your notes and information confidential, admit nothing and sign nothing even if you think you are wrong. Further investigation may reveal that you were not in the wrong even if you initially thought you may have been or that the other driver contributed in some degree or equally to the cause of the collision. Again, immediately after a collision you may be in a highly emotional state and the facts of the accident may not be clear to you. If at a later date the facts clearly show that you alone were wrong, that is the time, after consulting with counsel if you choose to, to admit the blame.
   
   
7. WHAT IS THE MEANING IF SOMEONE AT THE SCENE IS ARRESTED? If someone is arrested, it does not necessarily indicate civil liability. An arrest in connection with an automobile collision cannot ordinarily be used later in seeking damages to prove that the other party was responsible for damages and injuries. However, if the person who is arrested later pleads guilty to the traffic offense and the traffic offense was a cause of the collision which was the cause of your injury, then that guilty plea can be used as an admission. Almost any statement which is against the interest of the person making the statement can be used as an admission. Therefore, it is important that you contact your lawyer before you make any statement which is against your best interest.
   
   
8. WHEN SHOULD YOU LEAVE THE SCENE OF THE COLLISION? Unless your injuries dictate that you immediately seek medical assistance, do not leave the scene of the collision until you have assisted the injured, observed and notated the scene, called the police and assisted them, identified the other driver or drivers, obtained the names, addresses and statements of all witnesses and taken photographs if a camera is available. When you leave the scene if you are injured or believe that you may be injured you should see either your family doctor or go to the emergency room. If you have passengers they should do likewise.
   
   As soon as practical, you should notify your insurance agent and then send written notice as soon as possible. Your notice to your insurance carrier should contain as much information concerning the time, place and circumstances of the collision including names of and information on other parties, your passengers and other witnesses. Failure to timely notify your insurance company in writing may constitute reason for your insurance company to decline coverage for the collision.
   
   Likewise, if claims are made against you by either your passengers or persons riding in a different vehicle or an injured pedestrian, you should immediately report such claims to your insurance company. Make no payments and make no promises to make any payments to any claimant. If you make such a payment, it, also, may be a reason for your insurance carrier to decline coverage in the accident.
   
   As mentioned earlier, it is in your best interest to have adequate or even excess insurance coverage. If for some reason you have inadequate coverage to cover the claims which are or may be made against you, you should consult your own personal attorney, at once.
   
   
9. CLAIMS MADE ON YOUR BEHALF. If you suffer personal injury or property damage as a result of the negligence of another driver, you may be entitled to compensation from that driver and/or the other driver's insurance company. You should keep track of all medical providers and keep their bills as received. You should also keep track of things that you cannot participate in, including, of course, your work, because of injuries which you suffered at the hands of a negligent driver. You may be able to settle your own claim without hiring an attorney. On the other hand, it may be in your best interest to seek the advice of an attorney.
   
   
10. HOW TO PICK YOUR PERSONAL INJURY LAWYER. This may be a subject for another day. However, please rest assured that flashy advertisements in the Yellow Pages, on billboards or on television, are not the appropriate way to choose a personal injury lawyer. If you are approached by someone who is not a lawyer who indicates that he is a representative of a lawyer or law firm, these people are commonly call "runners." They may be a member of your church or claim to be a member of the clergy. They may claim to be an investigator. Again, this is unethical, it may be illegal, and it is certainly not the best way to pick a lawyer.
    
    
11. HOW, THEN, SHOULD I PICK MY PERSONAL INJURY LAWYER? Ask family and friends if they have had an occasion to use a personal injury lawyer. Ask if the lawyer was available, attentive and responsive. According to the complexity and size of the case, most lawyers will undertake to represent you on a contingency basis. That is, if there is no recovery there is no fee. This is not unusual and may be the best way for you to handle the matter. Most lawyers charge between twenty-five (25.0%) percent and one third (1/3) of the gross recovery as their fee. Lawyers who charge more than forty (40.0%) percent should be seriously questioned about why that is necessary and a lawyer should never charge any fee where the client's net recovery is less than the lawyer's fee.