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Here is a scenario which happens, on average, 2-3 times a year in this office.  An individual is involved in a horrific accident resulting in significant injuries and a lengthy hospital stay.   The person who caused the accident has a minimum amount of insurance available, often times $25,000, but sometimes $50,000 or $100,000.  There is either no underinsured motorist coverage or very little.   How do you handle paying the hospital back, while also making sure the client is fairly compensated for the significant injuries? There are a couple of ways to handle this.   The first is to try and get the case settled prior to the hospital lien actually being filed.   Generally speaking, the Atlanta hospitals, including Wellstar, AMC, Grady, North Fulton, and AMC, are required to file a hospital lien within 75 days of your discharge.    Thus, if you can obtain an itemized statement…

Poorly maintained tires are a leading cause in Atlanta car accidents.  In the context of a commercial motor vehicle, the standards are generally set by the Federal Motor Carrier Safety Regulations, which provide that no commercial motor vehicle shall be operated on any tire that: (1) has body ply or belt material exposed through the tread or sidewall; (2) has any tread or sidewall separation; (3) is flat or has an audible leak, or has a cut which exposes the ply or belt material.    40 CFR 393.75.   In terms of the actual depth on the tires themselves, it ranges between 2/32 of an inch to 4/32 of an inch, depending upon where the tie bars, humps, and fillets are located.  Additionally, under federal regulations, there are tire loading restrictions.  As a general rule, a motor carrier is not allowed to operate a commercial vehicle that carries a weight…

Ponton Law has handled many accidents in the Atlanta area that were caused by a negligent driver who was delivering pizzas, including Domino’s, Pizza Hut, and Uber Eats.  The first thing to look at is whether the accident with the at-fault driver occurred while he was on the clock.    If the accident occurred on the clock, then generally speaking you would have a claim not only against the driver but the driver’s employer as well under the Georgia doctrine of Respondeat Superior.   This doctrine makes an employer liable for the negligence of an employee if the employee was acting in the course of scope of his employment at the time of the crash.   If the delivery driver is dropping a pizza off or on his way back to the pizza place, then he is in the course and scope of his employment.    If he is headed…

When we are suing a corporate company whose driver was involved in an Atlanta accident or we are suing a trucking company whose driver was involved in an Atlanta accident, we will typically assert a claim for the negligent hiring of the driver. Negligent hiring, entrustment, supervision, and retention claims are causes of action based upon the defendant’s direct negligence in employing an incompetent driver rather than vicarious liability for the driver’s actions.  Thus, the company’s liability is not dependent upon a finding that the driver was acting within the scope of her employment at the time of the wreck.  Georgia, like many other jurisdictions, does not allow a plaintiff to bring these causes of action when the company admits an agency relationship with the driver. See Bartja v. National Union Fire Ins. Co. of Pittsburgh, PA, 218 Ga. App. 815, 818 (1996).  This is because a company’s admission of…

Ponton Law has handled many taxi accident cases in the Atlanta area and throughout the Southeast.   The first issue that comes up in every taxi case is the amount of the total available insurance coverage. This is why we always advise all of our clients to utilize an Uber or Lyft for their transportation needs in the greater Atlanta area. This is because Uber and Lyft have minimum amounts of liability coverage which are available in the event that the Uber or Lyft driver is at fault.   In Georgia, Uber and Lyft drivers have a minimum of $1,000,000 in coverage. Of course, this does not mean that the insurance company is paying that sort of money on each and every case.  Rather, this is the outer limit of what would be paid in the event that your damages, including your special damages and general damages, were worth the…

Depositions are part of the legal process when it comes to pursuing an Atlanta car accident case. Cases most often head to “litigation,” which is a fancy legal term for filing a lawsuit, in one of three scenarios. First, there is a dispute about what happened. Both individuals involved in the accident claim they had the green light as they entered the intersection. Second, there is a dispute on causation-did the accident cause the claimed injuries? The issue that most often comes up here is the amount of the property damage most of the carriers operating in the Metro Atlanta area, including Allstate, State Farm, Geico, and Progressive, have cutoffs when it comes time to evaluate your case for settlement. The more property damage you have, the easier your claim will be to present to the insurance company. The less property damage you have, the more pushback you will get.…

If you get hurt from a personal injury after a fall or slip accident, contact an Atlanta Slip and Fall Attorney as it might have happened due to someone's negligence. Filing a case is the only way you can get compensated for your lost wages and the medical expenses incurred. The main challenge in these cases is to prove that the owner of the property is responsible for the accident. To arrange a free first consultation with one of our lawyers, contact our office. Here are some tips to help you get compensation if you fall or slip in a store: Look for medical assistance: Severe injuries do not seem serious when they occur. Ensure that you seek medical help immediately, even if it does not seem important. Or else, it will be harder to prove that your accident ensued from a slip or fall accident. Inspect the area: Examine…

What to do after a slip and fall accident Regardless of how careful you are, slip and fall accidents happen. Like other accidents, this is something that you cannot possibly predict, but you can sure do something after it happens. How do you deal with a slip and fall? Here are the steps to take if you find yourself in such a situation. Seek Medical Assistance Your health should come first.. You cannot just assume that you are okay and go on with your regular errands. Make it your priority to seek medical attention and let a professional determine if you suffered any serious injuries and ensure that the injuries are well documented. Note that the medical documentation will be part of the evidence to present if you plan on seeking compensation. Report the Incident Regardless of where the accident took place, in a park, a business premise or a…

Uber is a popular ride-sharing service that connects a passenger with a free-lance driver. Its popularity is spreading globally with most states around the US adopting Uber’s services. As a result, Uber accidents have become more and more of a problem. The ridership of Uber has increased greatly, and hence the possibilities of accidents in an Uber lift have increased exponentially. When you are involved in an Uber accident, the first thing you should consider doing is speaking to an Atlanta car accident attorney about it. Insurance Policies Uber insurance policies do not cover commercial accidents, and the Uber industry pays its drivers differently compared to other taxi drivers. Uber feels that since it simplifies the work of the driver and the rider, then they should not offer any compensation for commercial accidents. Technically, as a driver, you have your own insurance policy which does not cover commercial accidents. Another…

Driving a vehicle has become part of our existence as human beings and help us move from one point to another. Having a vehicle can enhance the quality of life, but can also serve as a hazard that may change our lives for the worse. It includes having accidents that affect you as the driver, your passengers and other parties such as pedestrians. It may also result in damage to your car and other cars, which may translate to a huge financial loss on your part. An accident can affect your life forever due to the psychological, physical and financial pain it may cause. Therefore, it is always important to be prepared for such situations to help you reduce the burden of the resulting pain. The tips below will help you access whether a situation calls for an Atlanta car accident attorney to help you resolve a situation as it…