Author: productionnye

Right-of-way laws play an important role in keeping Georgia’s roads safe. These laws determine when a driver has the right to make a traffic maneuver, such as changing lanes, making a turn or entering an intersection.

If you are injured in a traffic collision and believe you had the right of way over the other driver, contact an experienced Savannah auto accident lawyer at the Nye Law Group. We will review your claim to help you determine if the other driver was at fault for your accident and owes you compensation suffering and loss.

You can lower your risk of a car accident by reviewing Georgia’s right-of-way laws to make sure you clearly understand them and know how to apply them the next time you drive.

Vehicles Approaching or Entering an Intersection

According to Georgia’s intersection traffic laws, if two vehicles approach an intersection from different directions at approximately the same time, the car on the right has the right-of-way.

However, if a driver is on a highway that ends at the intersection, he or she will yield to the other driver whether the other driver is on the right or left.

If you and the other driver approach an intersection with a broken traffic light, both drivers are required to stop as if the traffic light works.

VEHICLES MAKING LEFT TURNS

If you want to make a left turn into an alley, private road or driveway, you must yield the right-of-way to any vehicle approaching from the opposite direction or approaching so close that it constitutes an immediate hazard, according to the regulations for vehicle turns in Georgia.

STOP SIGNS

You have to stop at every stop sign unless directed not to by a police officer. You are required to come to a stop:

• At the clearly marked stop line
• Before the crosswalk if there is no stop line
• At the point closest to the intersection where you have a view of oncoming traffic, if there is no crosswalk

Once you stop at a stop sign, you must yield to any vehicle in the intersection. You are also required to yield to any vehicle that is approaching from another roadway so closely that it is an immediate hazard when you attempt to cross the intersection.

YIELD SIGNS

When you approach a yield sign, you should slow down to a reasonable speed for the conditions. If you have to stop for safety you are required to stop at the clearly marked stop line.

If there is no stop line, you need to stop before entering the crosswalk. If there is no crosswalk, you need to stop at the point nearest to the intersecting roadway where you can see approaching traffic before entering the intersection.

Once you stop, you are required to yield the right-of-way to any vehicles in the intersection or those that are approaching and constitute an immediate hazard when you are moving through the intersection.

If you are involved in an accident where you drove through a yield sign without stopping, you will be considered to be in violation of right-of-way laws unless you prove otherwise.

ENTERING AND CROSSING ROADS

If you are entering or crossing a road from anywhere other than another roadway, you must yield to any and all vehicles that are approaching.

EMERGENCY VEHICLES

You have to yield the right-of-way to any emergency vehicles or those that belong to a federal, state or local law enforcement agency and make use of audible and visual signals.

You are also required to move your vehicle to a position parallel to and as close as possible to the right side or curb of the roadway of any intersection. You must come to a stop and remain there until the vehicle has passed, unless you are otherwise directed by a law enforcement officer.

YIELDING TO HIGHWAY CONSTRUCTION

You are required to yield to any authorized vehicle or pedestrian who is engaged in construction or maintenance on a highway, as indicated by official traffic control devices, according to Section 40-6-75 of O.C.G.A.

FUNERAL PROCESSIONS

A funeral procession is defined as an array of vehicles where the lead vehicle has a sign, pennant, flag or insignia created by a funeral home indicating a funeral procession. A funeral procession could also be defined as a procession of cars led by state or local law enforcement vehicles with each vehicle’s headlights on.

These arrays of vehicles have the right-of-way with the following exceptions:

• Funeral processions have to yield when approached by an authorized emergency vehicle or law enforcement vehicle that gives an audible or visual signal
• Processions must yield the right-of-way when directed by law enforcement

You cannot interrupt a funeral procession unless authorized to do so by a traffic officer. It is also illegal to turn on your headlights to join the procession and secure the benefit of the right-of-way.

Violating this law is a misdemeanor and carries a fine of $100.

RIGHT-OF-WAY FOR PEDESTRIANS

Pedestrians have the right-of-way in a crosswalk when they are on the half of the roadway upon which a vehicle is approaching. Pedestrians also have the right-of-way when they are within one lane of the half of the road upon which the vehicle is traveling or onto which it is turning.

The law also says that all blind pedestrians who are carrying a white cane or stick that is white tipped with red or are accompanied by a guide dog have the right-of-way, regardless of what type of vehicle is approaching.

However, pedestrians do not have the right-of-way when they suddenly leave a curb or safe place and walk or run into the path of a vehicle when it is impractical for the driver to yield.

Pedestrians who cross the street at any place other than a marked crosswalk do not have the right-of-way. Pedestrians also do not have the right-of-way when attempting to cross at a place where there is a pedestrian tunnel or overhead pedestrian crossing.

CALL THE NYE LAW GROUP IF YOU WERE INJURED IN A TRAFFIC ACCIDENT

Have you been injured or lost a loved one in an accident where another driver violated Georgia right-of-way laws?

You may be able to recover compensation for your medical bills, lost wages, and pain and suffering. The Savannah auto accident lawyers at the Nye Law Group will thoroughly investigate your claim to build a strong case that gives you a good chance of success.

Call 855-856-4212 or complete our Free Case Evaluation form today.

North Carolina has several laws governing various aspects of medical malpractice claims, from who to sue to how to establish liability to the amount of compensation you can recover.

Our experienced Charlotte medical malpractice attorneys have detailed knowledge of these statutes and how they apply to your claim. There are several things you need to know about North Carolina medical malpractice laws:

WHO DO I FILE A CLAIM AGAINST?

Every medical malpractice claim is filed against a health care provider. North Carolina General Statutes § 90-21.11(1) defines a health care provider as:

• An individual licensed to practice duties associated with medical specialties such as medicine, surgery, dentistry, radiology, nursing, anesthesiology, pathology, psychiatry or psychology, among others
• A hospital or nursing home licensed under Chapter 131E of General Statutes
• Anyone acting under the direction or supervision of a hospital or individual licensed to provide health care

TYPES OF MEDICAL MALPRACTICE ACTIONS

General Statutes Section § 90-21.11(2) outlines two types of medical negligence claims for recovering damages for personal injury or death.

The first is an action against a health care provider for failing to provide necessary health care or providing substandard care.

In these types of claims, courts and juries will not hold the defendant liable unless you show by the greater weight of evidence that the defendant did not uphold the standard of health care.

The standard of health care requires health care providers to provide professional services that meet the standards of practice among other health care professionals in the same field with similar training and experience. The standard of care also requires health care professionals to provide care similar to what would have been provided by a health care professional in the same or similar community under the same or similar circumstances.

North Carolina also allows civil actions against hospitals, nursing homes or adult care homes over:

• Breaches of administrative or corporate duties, including negligent monitoring or supervision or employing staff members who do not have the proper credentials
• Providing substandard care or failing to provide the health care services the victim needed to avoid injury or death

In these types of claims, you also have to prove that the facility or health care professional did not uphold the standard of care.

EXPERT WITNESSES

No matter what type of medical malpractice lawsuit you file, you will probably need testimony from a medical expert to establish the standard of care and explain how it was violated.

Under Rule 702 of North Carolina General Statutes, no one can give expert testimony on the appropriate standard of care unless he or she is a licensed health care provider in the state and meets the following criteria:

If you are filing a medical malpractice action against a specialist, the medical expert you choose must satisfy one of these conditions:

• Work in the same specialty as the party your action is against
• Work in a specialty that includes the performance of the procedure that is the subject of the complaint and have prior experience treating patients

There is another requirement concerning the expert’s professional activities in the year preceding the date of the alleged malpractice. In that time, the expert had to have devoted his time to one or both of the following:

• Clinical practice in the same health profession as the party accused of malpractice
• Instructing students at an accredited health professional school, residency or clinical research program in the same health profession as the defendant

CLAIMS AGAINST NURSES AND ASSISTANTS

Medical experts can testify on the standards of care for different types of nurses and assistants if they have knowledge of these standards of care through clinical practice or instruction of students. An expert who meets these qualifications can testify to the standard of care for:

• Nurses
• Nurse practitioners
• Certified registered nurse anesthetists
• Certified registered nurse midwives
• Physician assistants

CLAIMS AGAINST MEDICAL FACILITIES

In a claim against a hospital or other health care facility, an individual cannot give expert testimony about the standard of care on nonclinical issues unless he or she has substantial knowledge of the standard of care through training or experience.

EXPERT WITNESSES WHO DO NOT MEET REQUIREMENTS

In some cases, courts will allow expert testimony from individuals who do not satisfy requirements for expert witnesses. However, the plaintiff has to prove that there are extraordinary circumstances and the person must be allowed to testify as an expert to have a chance of achieving justice.

CAP ON NON-ECONOMIC DAMAGES

The purpose of a medical malpractice lawsuit is to recover fair compensation for the damages caused by a medical professional’s failure to uphold the appropriate standard of care.

Some damages have a defined economic value, such as medical expenses or lost wages. This means that you can determine exactly how much you had to spend on medical bills and how much money you lost from missed time at work.

There are other damages that do not have a defined economic value, such as the physical pain and emotional suffering caused by your injuries. These are called non-economic damages.

While North Carolina does not limit economic damages in medical malpractice lawsuits, it places a cap on all forms of non-economic compensation.

Plaintiffs cannot recover more than $500,000 in combined non-economic compensation from all of the defendants, according to General Statutes Section § 90-21.19.

There are only two exceptions where non-economic compensation is unlimited:

• The plaintiff was killed, permanently injured or suffered disfigurement or the loss of use of a body part
• There was a reckless disregard for the rights of others, gross negligence or fraud that was intentional or with malice

MEDICAL MALPRACTICE STATUTE OF LIMITATIONS

Every type of civil action is governed by a statute of limitations, which limits the amount of time you have to file a claim. If you do not file a claim before the statute expires, you will be prohibited from doing so.

North Carolina’s statute of limitations for medical malpractice claims is three years from the date of the alleged malpractice.

However, there are a few exceptions to the three-year deadline:

• Claims must be filed within one year of a discovering an injury if you could not have discovered the injury when it occurred through the exercise of reasonable care.
• Claims cannot be filed more than four years from the date of the alleged malpractice, regardless of when you discovered an injury or realized you had the basis for legal action.
• Claims involving foreign objects left in the body must be filed within one year of discovering the foreign object. However, these types of lawsuits cannot be filed more than 10 years from the date of the alleged malpractice.

EXPERIENCED ATTORNEYS READY TO TAKE ON YOUR CLAIM

The Nye Law Group’s experienced lawyers have represented many victims of medical malpractice. We are prepared to investigate your claim and build a robust case to help prove medical malpractice so you have a chance to achieve justice and recover the compensation you deserve.

We offer a free, no obligation consultation and do not charge legal fees unless we are successful.

Contact the firm today by calling 855-856-4212 or completing a Free Case Evaluation form.

When a lot of people suffer similar injuries because of a defective product or due to negligence or illegal actions, they can file one lawsuit as a group to recover compensation for damages. This is known as a class action lawsuit. Contact our experienced Savannah class action lawyers to find out if you have a class action lawsuit.

There are several things you should know about class action lawsuits, from the different types to the advantages and the legal procedures for these claims:

TYPES OF CLASS ACTION CLAIMS

There are many types of class action lawsuits, such as claims involving the following defective drugs and defective products:

• Talcum powder
• Benicar
• Invokana
• Xarelto
• Bard IVC filters
• Bair Hugger warming blankets
• Taxotere

Class actions can be filed over many other defective products. There are also claims involving:

• Corporate misconduct
• Large-scale accidents, such as train or plane crashes
• Securities fraud
• Employees who were discriminated against

WHAT ARE THE ADVANTAGES OF A CLASS ACTION LAWSUIT?

One of the advantages of a class action lawsuit is that it consolidates attorneys, witnesses and evidence, giving the case a higher chance of success than an individual personal injury lawsuit.

It is also much more cost-effective for you to join a class action than to pursue a lawsuit on your own, particularly if the injuries you suffered were relatively minor. Lawsuits are expensive and it is much easier to justify the expense of a group of small claims than it is to justify the expense of one lawsuit over a minor injury.

Another problem with individual lawsuits is that if too many plaintiffs were to file claims, the defendant could go bankrupt before anyone has a chance to recover compensation.

WHAT IS CLASS CERTIFICATION?

The first step in a class action case is called class certification, where the court determines if the claim is valid. If the case is certified, it will move toward a trial.

NOTICE OF A CLASS ACTION LAWSUIT

If you are not already part of the lawsuit, but you would be affected by the outcome, you are entitled to notification. The court will order attorneys for the plaintiffs to make reasonable attempts to notify you through advertisements on television and in magazines and newspapers.

In some cases, you will have to opt in to be part of the lawsuit. In other cases, you will be opted in automatically.

RESOLUTION OF A CLASS ACTION LAWSUIT

A trial will take place unless both sides agree on a settlement. If the court approves the settlement, it will issue an order demanding notification of all class action members and others affected by the resolution of the case.

If you opted in, you will receive notification of the terms of the settlement along with your options for claiming your portion of compensation.

WHAT IS A PLAN OF DISTRIBUTION?

The plan of distribution governs the distribution of the money from the settlement. The plan is developed by the judge and the attorneys for both sides. Members of the class will receive a percentage of the total amount of compensation or a specific dollar amount.

In some cases, the attorneys will seek permission for an in-depth review of each participant’s claim to tailor the amount of compensation to the value of each claim.

The reputable Savannah class action attorneys at the Nye Law Group know how to build a strong case that can help you recover compensation in a class action.

We offer a free, no obligation consultation and do not charge legal fees unless we recover fair compensation for the damages you have suffered.

Call 855-856-4212 or complete our Free Case Evaluation form today.

Post-traumatic stress disorder (PTSD) is the most common mental health issue experienced by veterans of the United States Armed Forces when they return home from combat.

PTSD is an anxiety disorder that can develop after a service member experiences a traumatic event, also known as a stressor, in which the service member:

• Was at risk of dying
• Witnessed another person die or suffer a severe injury
• Was raped or sexually harassed

In some cases, the service member begins experiencing PTSD soon after the traumatic event. In other cases, PTSD takes months or years to begin affecting a veteran.

Common symptoms of PTSD include:

• Feelings of intense horror, helplessness or fear
• Feeling emotionally numb, detached, depressed or disinterested in normal activities
• Persistent thoughts and nightmares about the event
• Replaying or re-living the event again and again
• Constantly watching for danger
• Avoiding situations that could trigger symptoms
• Not discussing the event with anyone

Our trusted Savannah veterans’ disability lawyers can help you determine if your PTSD qualifies for benefits.

WHO QUALIFIES FOR PTSD BENEFITS?

If you are a U.S. veteran who suffers from PTSD due to a traumatic event during your military service, you may be eligible for veteran’s disability benefits.

However, you will not qualify for benefits unless you can prove three things, according to 38 Code of Federal Regulations (CFR) §3.304(f):

CREDIBLE EVIDENCE THAT THE STRESSOR OCCURRED

As long as there is no clear and convincing evidence to the contrary, and the stressor in question is consistent with the circumstances, conditions or hardships of your service, the only credible evidence you need is your personal testimony.

This applies to most situations, including those where you were engaged in combat with the enemy, you were a prisoner of war or you were fearful of hostile military or terrorist activity.

However, if your claim is based on an assault that occurred during your service, you may need more evidence, which could include:

• Service records
• Records from law enforcement, rape crisis centers, hospitals or mental health centers
• Statements from roommates, service members, clergy or family members

These pieces of evidence may be used to show behavior changes after the alleged assault. Behavior changes that would be considered credible evidence of a stressor include:

• Request for a transfer to another assignment
• Deteriorating work performance
• Substance abuse
• Depression
• Panic attacks
• Anxiety

In some cases, the Department of Veterans Affairs (VA) will submit evidence it receives to an appropriate medical or mental health professional for an opinion about whether the alleged assault actually occurred.

Other stressors that require corroboration beyond your testimony include:

• Plane crashes caused by severe weather
• Severe motor vehicle accidents
• Witnessing death, injury or threat of injury or death to another person caused by something other than hostile military or terrorist activity

MEDICAL EVIDENCE OF PTSD

You need credible medical evidence that you have PTSD. Your diagnosis must conform to the requirements in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5).

EVIDENCE OF A SERVICE CONNECTION

You also need medical evidence showing that the stressor is connected to your service and is the primary cause of your condition and not a preexisting medical issue or another event that was unrelated to your service.

Evidence could include:

• Service records
• Evidence of your military occupation
• Records for hazard pay
• Service treatment records
• Military performance reports
• Monthly summaries and morning reports
• Verification that you received combat/imminent danger/hostile fire pay

APPLYING FOR VETERANS’ DISABILITY FOR PTSD

You can apply online through the  website or by completing VA Form 21-526 and submitting it to the nearest VA regional office.

You will need to include:

• DD214 Certificate of Release of Discharge from Active Duty or separation papers from your periods of service.
• Medical records, including the mental health evaluation performed at a VA facility

You may also want to include Form 21-4138 Statement in Support of a Claim, detailing your personal narrative of the events that triggered your PTSD symptoms. Accounts of family and friends who have witnessed the impact of your PTSD may also be included.

If you are a veteran who is suffering from PTSD related to your service, you may be entitled to various forms of disability compensation. The Nye Law Group will see you through the claims process, working to secure all of the benefits you are entitled.

Call 855-856-4212 or complete our Free Case Evaluation form now.

If you were injured in a truck crash and are trying to decide whether to hire a truck accident lawyer to manage your personal injury claim, there are few things you need to keep in mind.

After the accident, while you were being treated for your injuries, the trucking company was already hard at work investigating the crash and preparing to defend against your personal injury claim.

Not only does the trucking company have a team of high-priced lawyers and risk managers exploring every legal strategy for denying or devaluing your claim, the company likely has years of experience defending against these claims.

This puts you at a tremendous disadvantage before you have even filed a claim. Fortunately, you have the option of hiring an experienced Savannah truck accident attorney, which can go a long way toward leveling the playing field and defending your best interests.

Here are some of the many ways an attorney can improve your chances of recovering fair compensation.

TELLING YOU WHAT STEPS TO TAKE AFTER THE ACCIDENT

There is often a lot of confusion after a truck accident. Victims may be unsure who to call and what steps to take to defend their rights and begin the process of recovering fair compensation.

This is a big problem because your actions in the aftermath of the crash can go a long way toward determining the success of your personal injury claim. Without proper guidance, you could do something that lowers the value of your claim, like admitting fault or minimizing your injuries.

Contacting a reputable attorney can help eliminate some of your confusion and help you protect your rights. An attorney will instruct you on what your priorities should be and how to deal with phone calls and other communication from trucking companies and their lawyers.

For instance, the first thing you need to do is obtain medical treatment. Listen to your doctors and follow the treatment plan they give you.

You should also try to collect as much evidence as possible, such as pictures of the scene of the crash, medical records and statements from witnesses to the crash.

Then you should contact an attorney to review your claim and find out what to do next.

DETERMINING LIABILITY FOR THE CRASH

While many truck accidents were caused by the driver, there are often many more parties that bear some responsibility for the crash, including:

• The driver’s employer
• Owner of the truck
• Company that manufactured the truck
• The company that owns the trailer
• The company that leased the truck
• Facility that repaired the truck
• Manufacturer of the trailer
• Cargo-loading company
• Government entities

You need a skilled truck accident lawyer who knows how to thoroughly investigate the crash and carefully review police reports, witness statements and other evidence to determine all of the liable parties.

This is arguably the most important way that an attorney can help with a truck crash claim. You cannot recover all of the compensation you are entitled unless you know all of the parties that are responsible for the crash.

NEGOTIATING WITH MULTIPLE PARTIES AT ONCE

If more than one party played a role in the crash, you will have to negotiate with multiple attorneys and insurance companies simultaneously.

Unless you have a wealth of legal knowledge and experience with these kinds of negotiations, it will be almost impossible to negotiate fair compensation from each party.

That is why you need an attorney who has experience with these kinds of negotiations. Your attorney should also have an in-depth understanding of the role each party played in the accident. This helps in determining how much compensation each party owes you.

ENSURING COMPARATIVE FAULT IS APPLIED FAIRLY

Under Georgia’s modified comparative fault law, you are prohibited from recovering personal injury compensation if you bear 50 percent or more of the responsibility for your injuries.

If you are less than 50 percent responsible, you can recover compensation, but the award will be reduced by your percentage of fault for the accident.

The lawyers, risk managers and others representing the defendants will try to assign you the highest percentage of responsible they can.

If you hire a skilled attorney, he or she can help ensure this law is applied fairly, given all of the factors of the case. An experienced attorney will have a detailed understanding of the modified comparative fault system in Georgia and how it should be applied to personal injury claims.

APPLYING TRUCKING INDUSTRY LAWS

Commercial trucking is regulated by agencies such as the Federal Motor Carrier Safety Administration, which holds trucking companies to strict regulations regarding driver qualifications and training.

Federal laws mandate the monitoring of driver activity by trucking companies during long-distance routes to ensure the driver works a safe number of hours and obtains specific hours of sleep. For instance, under FMCSA regulations, drivers who are carrying property can drive up to 11 hours only after 10 consecutive hours off duty.

Trucking companies must also require drivers to obtain a number of training hours before operating a truck alone.

A skilled truck accident attorney is aware of industry laws and can accurately identify violations which contributed to your accident.

The Nye Law Group, our personal injury lawyers in Savannah can provide you with expert representation, seeking fair compensation for your medical bills, lost wages, and pain and suffering.

Your initial consultation with our attorneys is absolutely free and you will not be charged for our services unless we obtain compensation.

Call 855-856-4212 or complete our Free Case Evaluation form today.