Georgia Injury Lawyer Blog

We read this past week an article in the paper about the increasing number of cyclists hit by automobiles under a variety of different circumstances typically involving gross negligence by the driver. In one reported case, the driver was on her cell phone and hit the cyclist from the rear while speeding. In another case, a drunk driver ran over a cyclist. In another reported case, a speeding motorist hit the cyclist on the shoulder of the road, killing him.

During the summer, of course, more and more cyclists are using the good weather as an excuse to get out and get some exercise. There is now a new law in Georgia requiring motorists to give 3 feet of right-of-way when passing cyclists. While this is a move in the right direction it will not prevent by itself the more tragic accidents like the ones recently reported in the newspaper.

Anyone who rides a bicycle has to understand they are at risk from being hit from behind by negligent drivers. People drink and drive and unfortunately people are using their cell phones, texting and otherwise engaging in a variety of negligent acts while driving. It is best to ride where it is safe to do so on designated bicycle paths. Obviously, if someone wants to operate a bicycle in an urban area, safety is the watch word. Helmets should be worn at all times.

The personal injury claims that our firm has handled involving cyclists typically involve very serious injuries. A collision between an automobile and a bicycle is not a fair fight and the cyclist, if he or she survives, is likely to have very serious injuries sometimes involving numerous broken bones and/or serious head and brain injuries. Because the stakes are so high whenever anyone rides a bicycle in an urban area, it is critical that the cyclist be as protective as possible for their on safety, particularly with so many dangerous drivers on the road.

We have written before about the importance of uninsured/underinsured motorist coverage. This past week we resolved a case for a client that is a classic demonstration of why it is so very important that uninsured/underinsured motorist coverage be purchased at the time one acquires liability insurance coverage for their own vehicle.

In the case we mentioned, a young lady was hit by a driver who was clearly negligent. Unfortunately, the driver of the vehicle that injured our client had only the minimum limits of liability insurance, that being $25,000.00 in bodily injury coverage. The driver also was unemployed and lived in a trailer and had no assets to satisfy a judgment over and above the available liability insurance coverage. Our client’s injuries were far in excess of available coverage and, indeed, her medical bills were three times the amount of available liability insurance.

Fortunately for our client, she was driving her parents’ vehicle which had $100,000.00 underinsured motorist coverage. She also had $50,000.00 in underinsured motorist coverage for her own vehicle. Because both policies were stackable, there was total available coverage of $175,000.00. Even with this available coverage, the client was still underinsured because her overall damages (medical bills, lost wages, permanent disability and pain and suffering, past and future) were greater than the available coverage. However, the point to be made is that if she had not had the benefit of underinsured or uninsured motorist coverage, she would have been limited in her recovery to $25,000.00, which would have compounded her personal tragedy.

Stackable uninsured/underinsured motorist coverage is an option for all Georgia drivers. When one acquires insurance coverage for their vehicle, they should discuss with their insurance agent how much uninsured/underinsured motorist coverage will cost and should also discuss purchasing stackable insurance, which means it will stack on top of whatever coverage an at fault driver has. As indicated, in many cases, such coverage can be extremely important in helping to secure adequate compensation for an accident that is in no way the fault of the innocent victim.

For any innocent victim of a car accident where an at fault driver runs a stop sign, crosses the centerline or otherwise seriously injuries an innocent motorist, one of the essential ingredients of professional legal services for the victim is personal interaction between the victim and their attorney. In a serious case the innocent victim/client will need an attorney. Due to mass marketing, however, in many cases, clients may go to law firms where most of their interaction is not with attorneys but with lower level staff people.

In any serious case, it is important that a client interact with their attorney as their case develops. Personal interaction with an attorney on a one-on-one basis is imperative because the attorney needs to stay abreast of what is happening to the client, particularly with respect to their injuries and their medical situation. As a client is recovering from injuries the attorney needs to be kept abreast of what is happening in the client’s life, how the medical injuries are affecting their lost wage situation and how their injuries are overall affecting their life overall. Without out one-on-one interaction between the client and the attorney, the professional component of the attorney/client privilege is lost and is delegated to lower staff members who are not always able to appreciate the importance of some matters that could have far reaching legal consequences.

Every case is different. Some are more complex than others and some involve unique legal questions that can only be resolved by attorneys who are very experienced in the personal injury field. Clients should insist that they have the right to speak to their attorney concerning the status of their case. This is an essential ingredient of any professional relationship between an attorney and a client in a personal injury case.

For those clients who are innocent victims involved in serious automobile collisions, they should always make sure that they have a one-on-one relationship with an attorney they trust and respect. Absent such a relationship, the client may be deprived of the essential ingredient of the attorney/client relationship.