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How Distracted Driving Laws Work in Georgia

Posted on July 11, 2018April 6, 2023 by productionnye

Many people are constantly using their cellular phones. In addition to talking or texting, a wide variety of apps allow people to also use their mobile devices to play games, watch videos, or partake in any one of a number of other forms of entertainment.

Unfortunately, one of the times that our difficulty putting down our phones proves to be the most challenging is when we are behind the wheels of motor vehicles. People driving automobiles should always avoid using their cell phones because it is essential for all motorists to have their eyes on the road at all times.

If you suffered severe injuries or your loved one was killed in a distracted driving accident in Georgia, you will want to make sure that you take specific steps to protect your ability to recover compensation for your medical bills, lost wages, and pain and suffering. Make sure that you contact the Nye Law Group before speaking to any insurance company about your crash.

Distracted Driving Laws in Georgia

Georgia state law prohibits all motorists from texting while driving. School bus drivers and drivers less than 18 years of age are banned from all cell phone use. In addition to possible points being added to driving records, violators are also subject to fines—which may be doubled if drivers are involved in accidents.

Certain exceptions exist to the texting while driving ban. Law enforcement officers, public utility workers, and certain other parties are exempt from cell phone bans, and state law affords immunity to people using a cell phone to report:

a situation in which his or her personal safety is in jeopardy
a traffic accident
a serious road hazard
the perpetration of a criminal offense
a medical emergency

Steps to Take Following a Distracted Driving Crash in Georgia

After an accident caused by a distracted driver, the other parties involved should all take steps to seek medical attention. This holds true even when people do not believe they were hurt. Some injuries involve delayed symptoms.

Furthermore, you will want to create a medical record as soon as possible. Insurance companies are notorious for questioning the validity of an injury claim when there are delays in treatment.

Victims can also benefit their injury claims by trying to take as many pictures as possible of the crash scene. When a person is unable to do this because of the need for medical care, he or she should ask a friend or family member.

Lastly—but most importantly, a person will want to seek legal representation immediately. Working with an experienced personal injury lawyer will help you subpoena the negligent driver’s phone records, which may be used to prove fault.

Find a Distracted Driving Accident Attorney in Georgia

Did you sustain catastrophic injuries or was your loved one killed in an automobile accident caused by a distracted driver in Georgia? Do not speak to an insurer before you first contact the Nye Law Group.

Call 855-636-9277 or contact us online today to have our lawyer review your case. Our firm has office locations in Savannah and Hinesville.

Understanding Fault in South Carolina Car Accidents

Posted on July 7, 2018February 7, 2024 by productionnye

While in the aftermath of an accident, some people who were seriously injured begin to question how much their own actions contributed to crashes occurring, they should not speak to insurance companies representing any of the other drivers involved. In such cases, even seemingly minor admissions can be devastating for the personal injury claims relating to those incidents.

If you have suffered severe injuries or your loved one was killed in a car accident in South Carolina, you will want to contact the Nye Law Group as quickly as you can. Our firm can speak to insurers on your behalf and negotiate a fair and full settlement for your medical bills, lost wages, and pain and suffering. If an insurance company is not willing to provide adequate compensation, we can file a lawsuit.

Negligence Laws in South Carolina

South Carolina Code § 15-1-300 clearly states that contributory negligence does not bar recovery in a motor vehicle action. In other words, a person can still recover damages in a lawsuit stemming from a car accident even if he or she was partially at fault.

Under the statute, a person is permitted to recover damages so long as his or her share of negligence was not more than the defendant’s or the combined negligence of all other parties when there are multiple defendants. An individual is prohibited from recovery only when he or she is 51 percent or more at fault for his or her injuries.

The amount of negligence that is attributed to a plaintiff is essential because that will also factor into a reduction in the final jury award. As an example, a person who is awarded $100,000 in a car accident case but is found to have been 30 percent at fault would see his or her award reduced by $30,000 and would ultimately receive $70,000.

Critical Post-Crash Actions in South Carolina

A general rule for car accident victims in all states is to seek medical attention immediately. Even when people do not think they were hurt, specific injuries involve delayed symptoms and insurance companies often use delays in treatment to argue that damages were not that serious.

After receiving medical care, victims should avoid speaking to insurers, and insurance companies will typically make multiple attempts to contact people injured in car accidents. In many cases, insurers pressure victims into accepting settlements that are far less than what they are entitled to.

When you have been injured in a car accident in South Carolina, the only phone conversation you will want to have afterward is with an experienced personal injury attorney. Your legal counsel will be able to represent you in all dealings with insurance companies so you can recover as much compensation as possible.

Find a Car Accident Lawyer in South Carolina

If you or your loved one was severely injured in a car crash in South Carolina, you will want to seek legal representation quickly. The Nye Law Group serves residents and visitors in the greater Bluffton areas.

You can receive a free, no-obligation consultation that will let our firm provide a complete evaluation of your case as soon as you call 855-636-9277 or contact us online today.

Overview of Modified Comparative Negligence in South Carolina

Posted on June 30, 2018April 6, 2023 by productionnye

South Carolina uses a modified comparative fault system for allocating fault and damages. Comparative fault refers to the system in which damages are apportioned based on the respective shades of fault.

In a pure comparative fault system, no percentage of negligence will bar recovery for a plaintiff. In a modified comparative fault system, the plaintiff cannot recover damages when his or her percentage of negligence exceeds that of the defendant’s. Both systems are more favorable to plaintiffs than contributory fault systems, under which plaintiffs cannot recover anything if they had any degree of fault relating to their claims.

The comparative fault system quickly becomes an issue in many car accident cases, when fault can be hotly contested. The Nye Law Group assists car crash victims throughout Georgia. Call 855-636-9277 to take advantage of a free consultation.

South Carolina Comparative Negligence Law

In the case of Ross v. Paddy, 340 S.C. 428, 532 S.E.2d 612 (Ct. App. 2000), the South Carolina Court of Appeals held that comparative negligence is an affirmative defense and a plaintiff’s negligence cannot exceed that of the defendant’s. This form of modified comparative fault is more commonly referred to as the “51 percent rule,” because a person is essentially prohibited from filing a lawsuit if he or she is more than 50 percent at fault.

To understand how modified comparative fault works, consider the following scenario. An individual suffers $100,000 in damages stemming from an auto accident primarily caused by another driver but is found to have been 25 percent at fault. In South Carolina, this person would ultimately receive $75,000.

The limitation on plaintiff negligence in modified comparative fault claims is different from the pure comparative fault system allows victims to recover damages when they are more than 51 percent at fault. Modified comparative fault is subject to some criticism because of the complications that can arise in cases involving multiple at-fault parties.

When crashes involve more than two vehicles, people can collect damages so long as they were less than 50 percent responsible. The percentage of fault attributed to each driver is the percentage deducted from his or her award, and a driver determined to be more than 50 percent at fault obtains nothing.

The way that fault is apportioned makes it critical for people involved in automobile accidents to not make any statements to insurance companies without legal counsel.

Find a South Carolina Car Accident Attorney

If you were seriously injured or your loved one was killed in a car accident anywhere in Georgia, it is in your best interest to seek legal representation before speaking to any insurance company. You will want to contact the Nye Law Group as soon as possible.

Our Bluffton personal injury lawyer will fight to make sure you receive every last dime of compensation you are entitled to. He can provide a complete evaluation of your case as soon as you call 855-636-9277 or contact us online to schedule a free consultation.

Understanding Medical Malpractice Damage Caps in Georgia

Posted on June 27, 2018April 6, 2023 by productionnye

When the Georgia Legislature enacted the Tort Reform Act of 2005, the broad package placed a $350,000 cap on noneconomic damages in medical malpractice claims. In Atlanta Oculoplastic Surgery, PC v. Nestlehutt, 286 Ga. 731, 733(2) (691 S.E.2d 218) (2010), the Supreme Court of Georgia concluded on that the noneconomic damages cap violated the right to a jury trial guaranteed under the Georgia Constitution.

Other damage caps do still apply to medical malpractice cases. Georgia Code § 51-12-5.1 establishes a cap of $250,000 on punitive damages in medical malpractice cases, although there are exceptions in cases involving particularly egregious negligence or intentional malice.

If you suffered severe injuries or your loved one was killed as the result of medical malpractice in Georgia, it is in your best interest to seek legal representation as soon as possible. The Nye Law Group represents clients all over Georgia. Call 855-636-9277 to have our firm provide a complete evaluation of your case during a free consultation.

Medical Malpractice Laws in Georgia

Georgia Code § 51-1-27 establishes the expected exercise of “reasonable degree of care and skill” by any person professing to practice surgery or the administering of medicine for compensation in Georgia. The statute provides a course of action for any injury resulting from a want of such care. Medical malpractice actions need to be filed within two years of the dates on which injuries or deaths arising from negligent or wrongful acts or omissions occurred, but this limit can be extended up to five years when an injury was not immediately evident. Under Georgia Code § 9-11-9.1, plaintiffs in medical malpractice actions are also required to file affidavits of experts competent to testify. The affidavit must specifically identify at least one negligent act, or omission claimed to exist and the factual basis for each such claim.

The complaints in any action must allege professional malpractice against a professional licensed by the State of Georgia, a domestic or foreign business entity, or any licensed health care facility. Some of the most common kinds of medical malpractice claims include, but are not limited to drug recalls, misdiagnosis, anesthesia errors, failure to diagnose, birth injuries, and lack of informed consent.

Find a Medical Malpractice Attorney in Georgia

Did you suffer serious injuries or was your loved one killed as a result of medical malpractice in Georgia? You will want to contact the Nye Law Group as soon as possible.

Try not to speak to any insurance company about your case until you have legal representation. Insurers know victims can be talked into accepting settlements that are much less than what they are entitled to because people will be tempted to believe they are gaining more by not paying a lawyer.

In truth, an attorney will be able to get you compensation for all of your past, present, and future needs. Furthermore, the Nye Law Group represents clients on a contingency fee basis, which means you pay our firm nothing unless you receive a monetary award. Call 855-636-9277 or contact us online to schedule a free consultation.

Understanding Product Liability Law in North Carolina

Posted on June 24, 2018April 6, 2023 by productionnye

Unlike many other states that apply strict liability standards to product liability cases, North Carolina General Statute § 99B-1.1 establishes that there is no strict liability in tort in product liability actions in the Tar Heel State. Product liability claims in North Carolina typically involved one of three theories: design defects, manufacturing defects, or failure to warn.

If you were seriously injured or your loved one was killed by a defective product in North Carolina, you should avoid speaking to any insurance company until you have legal representation. The Nye Law Group represents victims in communities all over the greater Charlotte area. Call 855-636-9277 to schedule a free consultation.

North Carolina Product Liability Cases

When a person is injured by a dangerous or defective product, he or she should immediately seek medical attention. Even if the injuries do not seem serious, you should still obtain the opinion of a medical professional as insurance companies will use any delays in treatment to argue a victim’s injuries are not as severe as he or she claims.

A person will want to make sure that the dangerous or defective product is not thrown away. Instead, the item that caused the person’s injuries should be stored in a safe location in which no other person will be harmed.

Chapter 99B of the North Carolina General Statutes sets forth various standards and defenses relating to product liability actions. North Carolina General Statute § 99B-4 provides that a manufacturer cannot be held liable for injuries when adequate instructions are provided for the safe use of a product.

Under North Carolina General Statute § 99B-5, a plaintiff needs to prove two things. First, they must determine that a manufacturer or seller failed to provide warning or instruction. Secondly, they must either show that, at the time the product left the control of the manufacturer or seller, the product created an unreasonably dangerous condition that the manufacturer or seller knew or should have known posed a substantial risk of harm, or that the manufacturer or seller became aware of or should have known of the product posed a considerable threat of injury after it left the control of the manufacturer or seller.

Every product liability action in North Carolina will require very substantive proof of the alleged design defect, manufacturing defect, or failure to warn. Another critical concern that victims in these cases need to keep in mind is two crucial statutes of limitations.

The traditional three-year time limit applies to injury claims based on injuries caused by another party’s dangerous or defective products. Another vital consideration though relates to the 12-year statute of repose in North Carolina which means that legal actions must be filed within a dozen years of a dangerous or defective product’s original purchase.

Find a Product Liability Attorney in North Carolina

Did you sustain catastrophic injuries or was your loved one killed by a defective or dangerous product in North Carolina? You will want to contact the Nye Law Group as soon as possible.

Our firm represents clients throughout the Tar Heel State. Our Charlotte personal injury attorney will fight to get you full and fair compensation. Call 855-636-9277 or contact us online to have our lawyer review your case and discuss all of your legal options during a free consultation.

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Author: productionnye