B. Dave Driggers, PCB. Dave Driggers Attorney at Law2024-03-15T18:34:15Zhttps://www.davedriggerslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1603121/2021/11/cropped-site-identity-32x32.jpgOn Behalf of B. Dave Driggers, PChttps://www.davedriggerslaw.com/?p=469402024-03-13T18:34:58Z2024-03-15T18:34:15Zone important issue is that drivers are simply unaware of the traffic laws regarding pedestrians. Regardless of how the accident occurred, people who are dealing with the aftermath should have a grasp of what options they have available.
Drivers are failing to yield to pedestrians
Georgia law is clear about how drivers are expected to behave when they encounter a pedestrian. They are expected to show due care to avoid a crash. If it is necessary to draw the pedestrian’s attention, the driver can use their horn. If a person appears to be confused, intoxicated or is incapacitated, the driver must use precautions. This is particularly true with children.
Drivers must wait until a pedestrian crosses the street when they are using the crosswalk. If a pedestrian is approaching the roadway within one lane of half the roadway, they must also wait for the pedestrian to cross. Drivers cannot go around pedestrians nor can they simply start driving even if the traffic light has changed. Vehicles cannot pass another vehicle that is stopping for a pedestrian.
Despite these requirements, the roads are becoming increasingly dangerous for pedestrians. The National Highway Traffic Safety Administration says a failure to yield is a major issue. The most recent numbers are for 2022. The Governors Highway Safety Association says that more than 7,500 pedestrians lost their lives in the United States that year. This was the worst total in more than four decades.
Pedestrians injured in a crash should know what steps to take
The laws are in place to try and keep everyone safe. Unfortunately, many drivers do not know the law or choose to ignore them. This puts them and others in jeopardy of injuries and loss of life.
When there is a motor vehicle accident involving a pedestrian, there is a major chance of severe injuries. Pedestrians have no protection and can have broken bones, spinal cord injuries, head injuries and more. This can cost them financially, personally and professionally leaving them wondering how they can move forward. There are ways to hold drivers accountable and recover compensation and knowing how to proceed is essential.]]>On Behalf of B. Dave Driggers, PChttps://www.davedriggerslaw.com/?p=469392024-02-16T22:16:34Z2024-02-15T22:09:03Zabsence of data. This is surprising given how cellphones are programmed to track people’s habits.
When looking at the number of distracted driving accidents with injuries and death, it is important to put the available information in its proper context. This is also essential for those who are considering their options after a collision.
No database of cellphone accidents currently exists
As handheld devices with a seemingly endless number of features grew in popularity, so too did the number of auto accidents with hallmarks of distracted driving. Still, there has yet to be an accumulation of data to give a baseline as to how big of a problem it is and if strategies to reduce its frequency are proving to be effective. It is believed the lack of information suggests there are fewer distracted driving accidents than are really happening.
The most recent numbers from the National Highway Traffic Safety Administration are from 2021. That year, there was a 16% spike in accidents from the previous year. Almost 43,000 people were killed. This was the worst total in 16 years. Despite that, less than 1% were reported as happening because of distraction. There were approximately 2.5 million accidents without fatalities and an estimated 8% were connected to distraction.
The problem with getting an accurate picture is that law enforcement is relying on the people involved in the accident being truthful about having been distracted, something many might not choose to do for fear of negative consequences. Witnesses to distracted driving and checking the phone data is limited during these investigations.
While drivers will not tell law enforcement that they were distracted, they do admit it in anonymous surveys. There is a disparity based on a 2022 Insurance Institute for Highway Safety survey where 20% of drivers confessed to driving distracted in various ways using their handheld device.
According to traffic safety experts, not having the cellphone data inevitably leads to undercounting the number of distracted driving crashes. The NHTSA concedes this point and is trying to formulate strategies to garner accurate numbers.
Evidence is critical after an auto accident
People who are heading to work, running an errand, going to school or taking to the road for any other reason can have their lives upended because of another driver behaving recklessly. Those have been injured or lost a loved one in an auto accident will need to think about the future. That includes the cost of medical care, rehabilitation, lost wages and an uncertain long-term prognosis.
When weighing how to proceed, the reason the accident occurred can be a fundamental factor in the outcome. Whether it was due to distraction, speeding or drivers who were under the influence, it is vital to do everything possible to assess the case and take the necessary steps to make a full recovery.]]>On Behalf of B. Dave Driggers, PChttps://www.davedriggerslaw.com/?p=469372024-01-15T18:55:32Z2024-01-15T18:55:32Z
Your posts will be used to show that you were to blame for the accident: The defense can twist your social media posts so that it looks like you’re apologetic for the accident or otherwise assuming some fault for the wreck. If they successfully do this, then the value of the claim can be significantly reduced.
Your posts will be used to show that your injuries aren’t as severe as you claim them to be: Even if you successfully impose liability on the defendant, you’re still going to have to prove your damages if you want to recover the compensation that you’re owed. That can be tricky to do under the best of circumstances, but you could find yourself fighting an uphill battle if your social media posts show you acting in a way that doesn’t align with your claimed injuries.
Your posts will be used to show that you’re working: One piece of your personal injury recovery will be lost wages. But if your social media posts indicate that you’re working in some fashion, even if it’s not in your normal job, then your recovery might not be as robust as you thought.
Your posts will be used to try to reduce non-economic damages: Non-economic damages, like pain and suffering and loss of enjoyment of life, can be difficult to prove, which is why it’s a good idea to keep a journal of how your accident injuries have negatively impacted your daily life. But if your social media posts show you living a happy life, then you’re going to have extra work to do to convince a judge or jury that your social media posts don’t paint the full picture.
Your posts will be used to catch you in inconsistencies: If nothing else, the defense is going to look at your social media posts to see if there’s a way to use them to demonstrate that you’ve made inconsistent statements. This can damage your credibility and reliability, which can negatively impact the power of your arguments in court.
Don’t raise obstacles to your own personal injury case
There’s a lot that can go wrong in a personal injury case, but you can avoid a lot of the pitfalls along the way by being aware and prepared. You certainly don’t want to be your own worst enemy in your case.
So, as you build your case, be sure to familiarize yourself with the law and what you can do to build the best personal injury case possible under the circumstances.]]>On Behalf of B. Dave Driggers, PChttps://www.davedriggerslaw.com/?p=469362023-12-14T08:34:29Z2023-12-14T08:34:29Zpost-traumatic stress disorder and other mental health complications.
As a result, you might be consumed by anxiety, depression, and stress over the uncertainty you’re facing unless you take action.
Luckily, there are steps you can take to ease the emotional impact of your wreck. Let’s take a closer look at what you can do to take care of yourself.
How can you dampen the mental impact of your car accident?
The specific approach you take is going to depend on your unique set of circumstances. However, here are some tips that you might find beneficial:
Seek mental health support: Coping with the trauma that’s been caused to you can be challenging on your own. That’s why it’s beneficial for many car accident victims to seek out therapy and counseling. The professionals who provide these services can help you unload your emotions, identify triggers, and incorporate strategies to reduce symptoms. Remember, there’s no shame in seeking out the help that you need.
Focus on self-care: To take care of your mental health you need to take care of your physical health. Make sure you get plenty of sleep, eat a healthy diet, and refrain from drug and alcohol abuse. Learning relaxation techniques, such as deep breathing, can also help you find relief when you need it in a difficult time.
Turn to family and friends for help: The symptoms of your mental health condition can be exacerbated when you’re overwhelmed with your daily living. When this happens, it might be time to turn to family members and friends for assistance. They’re probably willing and able to assist you more than you think, so don’t be afraid to ask for support.
Establish and stick to routines: Life after a car accident can feel chaotic. This can contribute to your mental health struggles. It’s a good idea, then, to find a routine that fits into your new situation and try to stick to it as much as possible. This can give you a sense of stability and reliability that could be a key contributing factor to your recovery.
Ease back into driving: Some of your concerns might be related to fears about getting back to driving. You can qualm these fears, though, by starting with short drives and by having someone with you when you get back behind the wheel. You don’t want to take it too fast, otherwise you might quickly become overwhelmed by the thought of getting back to daily driving.
Again, the approach that you take to addressing your mental health needs to be custom-tailored to suit your needs. So, make sure you understand your options and quickly act on those that are right for you.
A personal injury lawsuit can play a role
You’re going to need money and financial stability to foster your recovery. That’s where a personal injury lawsuit can prove valuable. In other words, moving forward with one of these claims has the potential to lead to improved mental health.
So, if you’ve been injured in a car accident, then don’t delay in gathering evidence and considering your legal options. After all, your recovery and your future are on the line.
]]>On Behalf of B. Dave Driggers, PChttps://www.davedriggerslaw.com/?p=469332023-11-14T19:14:10Z2023-11-08T19:12:06Zthe entire family and others who are in your inner circle. If there are children involved, another layer of complication will inevitably be added to the situation as you negotiate child support.
The first thing that you will want to determine and understand is how child support is calculated so you clearly understand your financial obligations to your child (and to your ex-spouse, who will be receiving the child support on behalf of your child).
How is child support calculated?
Child support is calculated based on the combined income of the two spouses. The final number is derived from a formula that is determined by using worksheets. Considering that each case is different, once the amount of child support is determined, the number can be increased or decreased, depending on the specific circumstances of your particular situation.
In Georgia, the court uses a Basic Child Support Obligation table to establish the initial child support amount. It is important to understand that the table doesn't include the parents' work-related child care costs, uninsured health care expenses and health insurance premiums. Those expenses have to be added in the calculations to establish the final child support amount.
Are there possible deviations?
There are possible deviations when it comes to calculating child support. Some of those deviations include the following but it is not an exhaustive list:
High income
Low income
Parenting time
Alimony
Expenses for travel
Unexpected expenses
Life insurance
Mortgage
If you need an additional tool to help you come up with the correct amount of child support, the Georgia Support Commission has an online calculator that give you the guidelines. It will help you to get an accurate idea about how much child support your child will need.
What is imputed income?
Imputed income is the potential money that a parent may earn in the future if they got a job. The working parent can present accurate evidence of the non-working parent's potential income. Some of that evidence may include the following:
Paycheck stub
Recent tax return
Other documentation that will help the court to determine that parent's income
The potential income is based on a 40-hour week at minimum wage. When the court is determining the imputed income, it will take the following factors into consideration:
The parent's assets
Work and earning history
How and where they live
Work skills
Education
Health
Age
Criminal record
Job climate
Getting the most appropriate legal support
Going through a divorce can be very complicated and stressful. For that reason, solid family law support is essential to you and your child getting through the situation with as little strain as possible. Your goal is to provide as much stability and contentment for your child as possible and to continue to provide a good life post-divorce.
Your family law attorney can create a strategy that is customized to your situation and that strategy will protect your rights and give you the best chance of starting over in the most effective way possible.]]>On Behalf of B. Dave Driggers, PChttps://www.davedriggerslaw.com/?p=469322023-10-20T10:34:51Z2023-10-20T10:34:51ZHow can you protect your post-divorce financial stability?
To protect your financial interests, you need to be proactive in preparing for the road ahead. Here are some ways you can do that:
Have a full understanding of what assets fall into the marital estate: Georgia is an equitable distribution state, meaning that you should be able to take away your fair share of the marital estate. This doesn’t mean that you’ll be able to walk away with half, but you’ll need to understand what’s in the marital estate so that you know what’s up for grabs and can develop your property division strategy accordingly.
Make sure that your spouse isn’t hiding marital assets: All too often, spouses hide assets to try to prevent them from being looped into the property division process. When they’re successful, their spouse is cheated out of their portion of those assets. This is unfair and illegal, but it frequently goes unchecked. Don’t get taken advantage of here. Instead, diligently pour over financial records and documents pertaining to large assets to see if they’ve been squandered away or retitled to a family member or friend.
Create a post-divorce budget: A lot of the financial fear that arises in divorce stems from uncertainty. But you can provide yourself some concrete numbers to work with when you create a post-divorce budget. You just have to be realistic and take into account your reduced income and any child support or alimony you might receive.
Cut costs to reduce your expenditures: Once you have your budget created, you’ll be able to see where your large expenditures fall. If you need to, you can then focus on ways to decrease these costs so that you’re more financially stable. This may mean moving to a different residence, cutting out some discretionary expenditures, or reducing how often you eat at restaurants.
Consider ways to increase your income post-divorce: Another way to give yourself more post-divorce stability is to increase your income. You can make some extra cash in the gig economy, or you might need to take on a second job. Just make sure you’re leaving enough time to spend with your kids.
Be strategic in the assets that you seek to secure through your divorce: Not all assets are created equal. Some may be alluring, such as the family home, but can become money pits that you simply can’t afford. Others, though, like retirement accounts, might provide you with long-term financial support that you need in the long run. The assets that fall into this latter group can also be difficult to replenish if you give them away in your divorce.
Depending on your circumstances, there might be other steps that you can take to protect your interests. Just be sure to thoroughly assess your circumstances so that you know where you need to take action.
Put your finances at the front of your divorce strategy
There’s a lot to deal with when you enter the divorce process. You don’t want to be taken by surprise when dealing with any of these issues. That’s why now is the time to start developing your divorce strategy with the future you want in mind.
]]>On Behalf of B. Dave Driggers, PChttps://www.davedriggerslaw.com/?p=469282023-09-12T10:40:37Z2023-09-12T11:00:39Zdefinition of a high-asset divorce, but it is usually one where one or both spouses own over $1 million in assets.
Property division in Georgia divorces
Georgia courts use an equitable distribution model when dividing marital property. This means marital property is divided fairly.
The first step in property division is classifying your property as marital or separate property. Marital property is property you and your spouse acquired during your marriage, while separate property is property you owned before marriage, with some exceptions.
There are many things you can do to prepare for your high-asset divorce to obtain this fair outcome.
Get a clear idea of your financial picture
Start identifying and valuing your assets as soon as possible. Consider hiring a financial expert to help with this or to search for any hidden assets.
Sometimes one spouse is unaware of all the marital assets that are out there and their values. A financial expert can help you uncover all assets you might forget about or not be aware of and obtain an accurate valuation.
Be honest about your finances
Do not hide assets yourself. The discovery process is a part of every divorce. This is when you and your spouse share information about your assets, debts and income.
If your spouse suspects you are downplaying the value of assets or hiding them, they may hire their own financial expert or forensic accountant to uncover the assets. This can make your divorce even messier and more complicated.
Additionally, judges often frown upon that type of behavior, and sometimes it is even cited as a factor when determining property division. A spouse who tries to hide assets could be awarded a less than fair share of the marital estate.
Remember to consider tax consequences
Property division usually comes with tax consequences from selling or splitting assets, investments or retirement accounts. Any tax implications should be closely scrutinized in a high-asset divorce. Do not forget to analyze these before signing a property division agreement.
Consider an option such as mediation to resolve property division rather than going straight to litigation. Taking your case into court means you give up control over the terms of your property division and leave it in the hands of a judge.
Even if you are not on good terms with your spouse, trying to come to your own agreement in mediation usually results in a happier outcome for both of you. Many times, both parties walk away unhappy with a judge’s decision.
There is no guaranteed way to make sure your high-asset divorce goes as smoothly as possible, but being prepared and making an honest, good faith effort often leads to good outcomes.
]]>On Behalf of B. Dave Driggers, PChttps://www.davedriggerslaw.com/?p=468892023-08-08T14:05:55Z2023-08-22T19:11:43Zrun a business. But, let's face it, no two people see eye-to-eye on every issue forever. Eventually, you and your partners will have disputes, and some of these disputes will be serious.
It's wise to have a partnership agreement that spells out how you will resolve these disputes.
Here are some of the most common ways to resolve a partnership dispute:
Mediation
A mediator is a trained professional who facilitates discussion between opposing sides. Unlike a judge or an arbitrator, a mediator does not render a decision. Rather, the mediator stays neutral but helps the opposing sides to reach an agreement.
Mediation requires a lot of negotiation, and it is not guaranteed to work, but it is almost always quicker and less expensive than the other options.
Litigation
Filing a lawsuit against one or more partners may be necessary, especially in cases involving allegations of misconduct. Such cases may involve awards for damages.
Buying out one or more partner
If the partners simply cannot agree, one or more partners can buy out the other partners' shares in the company. This can be a good option in many cases, but it may be prohibitively expensive in others.
To initiate a buy-out, the partners must first get a valuation of the company in order to decide upon the price.
In some cases, none of the partners wants to leave, and so will not agree to a buy-out. Sometimes, the partners can get around this type of problem by initiating a freeze-out merger, in which the majority owners create a new company and then merge the old company into the new one, leaving the opposing partners out.
Bankruptcy or dissolution
Many partner disputes arise out of a company's serious financial problems, and some can only be resolved by shutting down the company. This may be achieved voluntarily by all the partners or through Chapter 7 bankruptcy.
Partnership agreements
It can be difficult to know which option to pursue when you are in the midst of a partnership dispute. As noted above, you can avoid that part of the problem by noting in a partnership agreement how you will resolve disputes in the future. Still, even with the best agreement in place, disputes can sometimes be more difficult to resolve than anyone anticipated. It's wise to seek out help from experienced professionals.]]>On Behalf of B. Dave Driggers, PChttps://www.davedriggerslaw.com/?p=468882023-07-21T11:41:47Z2023-07-25T11:39:40Zfatal car crashes. There are several reasons why deadly car accidents tick up during the summer months.
Drunk driving accidents
Many events in summer involve drinking. Most people drink responsibly, but even responsible drinkers can overestimate their sobriety at times. This is especially dangerous if they decide to get behind the wheel of a car.
It is common knowledge that having a blood-alcohol concentration (BAC) of 0.08 means you are legally intoxicated for the purposes of driving. Still, even having a BAC below 0.08 can impair your driving abilities. It only takes a few drinks to impair your reaction time and coordination, both of which can easily lead to a car crash. So, you will want to think twice before drinking and driving following a summertime celebration.
Speed-related accidents
People, simply put, are often in a hurry. We might drive above the posted speed limit out of a sense of urgency or efficiency, but speeding puts all motorists at risk. It may seem harmless to drive above the speed limit, especially if traffic is light or you are simply matching the speed of traffic. Still, if you are speeding you could lose control of the vehicle, which could lead to a collision.
Inexperienced drivers
Teenagers with a driver's license are usually eager to get behind the wheel, and with school out of session, more teens are driving to activities and summer jobs. However, teen drivers are inexperienced and do not have the maturity many older drivers have.
Teens may not know how to adjust to dangerous road conditions, and they may not have the judgment needed to appreciate how to handle their vehicle safely in traffic. This means they are more likely to be involved in serious or even deadly motor vehicle accidents.
Stay safe this summer
We all want to enjoy our summer, and part of this enjoyment is ensuring we arrive at our destinations and get home again safely. It may seem inconsequential to drive after drinking, to speed, or to fail to warn your teen driver about safe driving practices, but these mistakes can easily lead to car crashes that end in tragedy for those involved. Many drivers who are involved in car crashes in Georgia choose to pursue personal injury claims to recover their financial losses.]]>On Behalf of B. Dave Driggers, PChttps://www.davedriggerslaw.com/?p=468862023-06-09T06:23:20Z2023-06-22T10:00:50ZWhat can you do to maximize your showing of accident damages?
Although, proving your damages may seem straightforward, this issue can actually be quite complicated in a personal injury case. Therefore, you need to be prepared to address the nuances of your unique case. That said, there are some things that you can do to potentially maximize the amount of compensation that you recover from your claim. Let’s look at how you can go about doing that:
Creating a clear record of your medical needs: Your medical expenses are going to make up a significant portion of your economic damages. However, you’re only going to be able to prove those damages if you have medical documentation or a medical expert’s testimony as to not only the medical care that you’ve already received, but also the medical treatment that you’ll need moving forward.So, you need to make as clear of a record as possible when it comes to your medical treatment and needs. Therefore, seek treatment immediately after your accident, and be sure to follow all of your doctor’s recommendations. If you feel like you need additional treatment, make sure to have those conversations with your doctor. Then, you can gather all medical documentation and talk to your medical provider about potentially testifying in your case.
Document your non-economic losses: Your non-economic losses, such as those pertaining to pain and suffering, loss of enjoyment of life, and mental anguish, can be quite valuable. However, given the intangible nature of these losses, it can be hard to demonstrate their true worth. That’s why it may benefit you to document every way in which you were accident injuries negatively impact your life. Keeping a daily journal may be helpful here.
Be forward-looking: While you’ll certainly want to recover compensation for losses that have already been incurred, you’ll also want to try to recover financial resources for those damages that you anticipate to incur in the future. Although we mentioned this in the context of medical treatment above, you should also pay careful attention to how your accident injuries will continue to prevent you from working or will negatively impact your career. This isn’t always easy to do, which is why you might want to secure an expert who can help you demonstrate the effect your injuries will have on your work abilities.
Be prepared to address arguments of comparative fault: One of the strongest defenses that you’ll face your case pertains to comparative fault. Here, the defense will argue that you’re to blame for the accident in some fashion. If they’re successful in doing so, then you might see your ultimate financial award reduced by the amount of fault that’s assigned to you. Therefore, as you move forward with your claim, you should be cognizant of any evidence that may indicate that you were to blame for the wreck. If you don’t, then you may be putting your claim and recovery in jeopardy.
Fights, to recover the compensation, that you deserve
You have a lot on your plate as you struggle to recover from your accident injuries. With so much weighing upon you, you don’t need to worry about how you’re going to meet your basic needs. That’s why it’s critical that you know how to properly pursue an aggressive and thorough personal injury case. If that thought stresses you out further, then please take comfort knowing that support is out there to help you fight for the outcome that you deserve.
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