B. Dave Driggers P.C. B. Dave Driggers Attorney at Law 2026-08-12T15:55:47Z https://www.davedriggerslaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1604755/2021/11/cropped-site-identity-32x32.jpg On Behalf of B. Dave Driggers, PC <![CDATA[Is the rear driver always at fault in Georgia?]]> https://www.davedriggerslaw.com/?p=253879 2026-08-12T15:55:47Z 2026-08-12T15:55:47Z The rear driver presumption does not guarantee automatic fault While rear drivers often bear responsibility for crashes, Georgia’s following-too-closely statute does not automatically assign 100% of the blame to them. Insurance adjusters know this rebuttable presumption can be challenged and frequently look for ways to shift some fault onto the front driver. They might claim you stopped too suddenly without reason; argue your brake lights were not working properly or suggest you changed lanes abruptly right before impact. In chain-reaction collisions involving multiple vehicles, determining who caused what becomes even more complex. These tactics aim to reduce what their policyholder owes you.

Georgia's comparative negligence rule changes everything

Georgia follows the modified comparative negligence system. This rule allows you to recover damages as long as you are less than 50% at fault for the accident. However, your compensation decreases by your percentage of fault. If you are 20% responsible, you will receive 80% of your damages. If insurers convince anyone you are 50% or more at fault, you get nothing. This system explains why insurance companies work so hard to pin partial blame on you. Every percentage point they shift reduces their payout. When they claim you share fault, they are not just making conversation—they are protecting their bottom line.

Protect yourself immediately after the crash

Taking the right steps after a collision makes disputing fault much harder for insurers. Smart actions preserve evidence and strengthen your position:
  • Call law enforcement to create an official accident report
  • Photograph vehicle positions, damage, skid marks and road conditions
  • Identify witnesses and get their contact information
  • Preserve any dashcam or nearby security camera footage
  • Seek medical attention promptly, even for minor injuries
  • Document everything in writing while details remain fresh
These steps create a factual record that speaks louder than insurance company theories. The more evidence you gather, the harder insurers must work to shift blame your way.

The bottom line for your claim

So, is the rear driver always at fault? Not automatically and insurance companies know it. They will use that knowledge to minimize what they pay you. Getting someone with legal experience in motor vehicle accidents on your side provides the edge you need. An experienced advocate counters insurer tactics and fights to overcome unfair assumptions about who caused your crash.]]> On Behalf of B. Dave Driggers, PC <![CDATA[How is child support calculated in Georgia?]]> https://www.davedriggerslaw.com/?p=253878 2026-07-29T06:26:00Z 2026-06-29T06:21:28Z Georgia's income shares model Georgia begins by looking at both parents' gross monthly income. Gross income may include:
  • Wages and salaries
  • Bonuses and commissions
  • Self-employment income
  • Rental income
  • Retirement or disability benefits
  • Certain other sources of income
The court combines both parents' incomes to determine the family's total monthly income. It then refers to Georgia's child support guidelines to identify the basic child support obligation for the number of children involved. Each parent becomes responsible for a percentage of that obligation based on their share of the combined income.

Additional expenses can affect child support

The guideline amount serves as a starting point. The court may also consider expenses that directly benefit the child, including:
  • Health insurance premiums
  • Uninsured medical expenses
  • Work-related child care costs
  • Extraordinary educational expenses
These costs may increase the total support obligation before the court allocates each parent's share.

When can the court deviate from the guidelines?

Georgia courts generally follow the child support guidelines, but judges may approve a different amount when the facts justify it and the deviation serves the child's best interests. Factors that may support a deviation include:
  • Significant parenting time with each parent
  • A child's special medical or educational needs
  • Extraordinary travel expenses for visitation
  • High-income or low-income circumstances
  • Other factors permitted under Georgia law
The court must explain the reasons for any approved deviation from the guideline calculation.

Accurate financial information is essential

Child support calculations depend on complete and accurate financial disclosures. Pay stubs, tax returns, business records, and documentation of benefits all help the court determine each parent's income and financial obligations. Failing to disclose income or providing incomplete financial information can delay your case and lead to an inaccurate support order.

Protect your rights and your child's future

Although Georgia uses a standardized formula, every family's circumstances are different. Issues involving self-employment income, shared custody arrangements, or disputed financial records can make child support calculations more complicated than they first appear. An experienced Georgia family law attorney can review your financial situation, explain how the guidelines apply to your case, and advocate for a child support order that reflects the law and your child's best interests. Whether you expect to pay or receive child support, obtaining legal guidance can help you protect your financial future and ensure your child receives the support they deserve.  ]]> On Behalf of B. Dave Driggers, PC <![CDATA[What if my partner asks for a prenup?]]> https://www.davedriggerslaw.com/?p=253868 2026-06-17T15:52:36Z 2026-06-17T15:52:36Z Marriage often begins with excitement, hope and plans for the future. So when one partner brings up a prenuptial agreement, the conversation can feel unsettling. Many people worry that a prenup signals a lack of trust or a belief that the marriage will not last. Those feelings are understandable, but they do not always reflect reality.

Looking past the stigma

Prenuptial agreements have long carried a negative reputation. Popular culture often portrays them as documents designed to protect one wealthy spouse from the other. In reality, couples from many financial backgrounds use prenups for practical reasons. A prenuptial agreement can help define how certain assets, debts or financial responsibilities will be handled during a marriage or in the event of a divorce. For some couples, it protects a family business, future inheritance or property acquired before the marriage. For others, it creates clarity around financial expectations and reduces the risk of future disputes. When both partners approach the process openly and honestly, a prenup can serve as a roadmap rather than a warning sign.

Building an agreement that works for both partners

A prenuptial agreement should not be a one-sided document. The strongest agreements reflect the needs and concerns of both individuals. As couples discuss a prenup, they may benefit from:
  • Sharing complete and accurate financial information
  • Discussing long-term goals and financial expectations
  • Identifying assets or obligations that require protection
  • Allowing enough time to review and negotiate terms
  • Seeking independent legal guidance before signing
These steps can help create an agreement that feels fair and balanced. Open communication throughout the process often matters just as much as the final document itself. By treating a prenup as a collaborative conversation, couples can focus on protecting their future together rather than preparing for failure.

Protecting the relationship through planning

A prenuptial agreement does not have to undermine a marriage. In many cases, it encourages honest discussions about money, responsibility and shared goals before misunderstandings have a chance to grow. When crafted thoughtfully, a prenup can protect both partners and support a stronger foundation for the future. Because every relationship and financial situation is unique, couples should seek legal guidance to understand their options and create an agreement that reflects their needs.  ]]> On Behalf of B. Dave Driggers, PC <![CDATA[5 things you should never say to an adjuster after a car crash]]> https://www.davedriggerslaw.com/?p=253867 2026-05-22T11:51:26Z 2026-05-22T11:51:26Z Who is an insurance adjuster? An insurance adjuster evaluates accident claims on behalf of an insurance company. After a catastrophic car crash in Georgia, you will likely communicate with one before you receive any compensation. Their job is to assess your claim, but their primary responsibility is to protect the insurer's financial interests.

How insurance adjusters can impact your settlement

Because adjusters work for the insurer, insurers train them to reduce or deny your payout whenever possible. They analyze every statement you make and look for inconsistencies that can justify a lower offer. That’s why understanding this dynamic is essential to protecting the settlement you deserve.

Five statements to avoid at all costs

Knowing how adjusters operate, your choice of words becomes a critical part of protecting your claim. Certain phrases, even when you say them casually, can work against you. Here are the five statements you should never make to an insurance adjuster:
  • It was my fault: Even saying ‘I'm sorry’ lets adjusters treat it as an admission of liability, which under Georgia's modified comparative fault rules, could bar you from recovering any damages.
  • I'm fine: Adrenaline often masks pain immediately after a crash and saying this early on gives the insurer grounds to deny your future medical claims.
  • I guess: Speculating about speeds, distances or the sequence of events creates inconsistencies that adjusters will use to devalue your claim.
  • I'll give you a recorded statement: Providing a recorded statement on the spot gives the adjuster an opportunity to use your own words against you later.
  • This made my old injury worse: Volunteering information about pre-existing conditions gives adjusters a reason to argue that your current pain is unrelated to the accident.
Each of these statements, no matter how harmless they seem, can seriously weaken your position. Therefore, protecting what you say is the first step toward protecting your settlement.

Your words today shape your settlement tomorrow

Insurance adjusters are experienced professionals who handle claims every day. This is why going into those conversations informed and prepared makes a meaningful difference in the outcome of your claim. You have the right to take your time, verify the facts and ensure every statement you make accurately reflects your situation. In fact, the more deliberate you are with your words, the stronger your position will be when it matters most.]]> On Behalf of B. Dave Driggers, PC <![CDATA[How Does the 2026 Georgia Child Support Calculator Work?]]> https://www.davedriggerslaw.com/?p=253866 2026-04-24T15:30:47Z 2026-04-24T15:30:47Z New child support guidelines that took effect as of January 1st, 2026, focus on income and overnight parenting time to ensure adequate economic protection for the children of divorced or separated parents.

How does the new system work?

Calculating child support requires the use of a specific formula. The courts look at the gross income of both parents, which may include regular salaries or self-employment income, bonuses and even passive income from rental properties or investments. The courts combine the gross incomes of both parents and make adjustments if there are any pre-existing alimony or child support orders that apply to either parent. There is a standardized table that establishes a basic child support obligation based on total monthly income and the number of children that require support. The courts then allocate a portion of financial responsibility to each parent based on their percentage of overall income. Next, the courts need to factor in the amount of overnight stays each parent has with the children. Parents with less overnight parenting time receive credit for the time their children are in their care. The new system also includes special economic protections for low-income households and those receiving veterans’ benefits. There are also better guidelines for families that have a split of parenting time that is close to 50/50. The courts must consider costs, including health insurance premiums for the children and childcare costs made necessary by the parents’ employment. The family courts do still have the authority to deviate from the final figure produced through these calculations if necessary. Understanding how the rules governing child support have changed can make it easier for parents to estimate what they may receive or need to pay. Parents can also potentially take action if they need to modify an existing child support order to better comply with the law and meet the needs of their children. As the law changes, ensuring compliance with the current Georgia child support statutes is of the utmost importance. Reviewing family circumstances or an existing support order with a child custody and support attorney can help parents understand their obligations accordingly.]]> On Behalf of B. Dave Driggers, PC <![CDATA[Could your motor vehicle accident injuries be hiding in plain sight?]]> https://www.davedriggerslaw.com/?p=253865 2026-04-24T09:45:15Z 2026-04-24T09:45:15Z Why delayed injuries happen Your body is remarkably good at protecting itself during traumatic events. When you are in an accident, your brain releases a flood of adrenaline and endorphins. These natural chemicals can mask pain for hours or even days after the collision. You might feel perfectly normal while your body is actually dealing with significant trauma beneath the surface. This is why medical professionals consistently recommend seeking intervention immediately after any accident, even if you feel completely fine. What seems like a minor accident could result in injuries that only become apparent later.

Common injuries that could appear later

Whiplash is perhaps the most well-known delayed injury. You might not feel neck pain or stiffness until 24 to 48 hours after your accident. The symptoms can include headaches, dizziness and reduced range of motion. Concussions and other traumatic brain injuries can be particularly deceptive. You might experience confusion, memory problems or sensitivity to light days after the accident. You might not want to ignore these symptoms, as they could indicate serious neurological damage. Internal injuries represent another critical concern. Damage to organs, internal bleeding or abdominal trauma might not produce immediate symptoms. By the time you notice something is wrong, the injury could have progressed to a dangerous state. Soft tissue injuries affecting muscles, ligaments and tendons often take time to manifest. The inflammation and pain associated with these injuries typically develop gradually as your body's natural shock response wears off.

What you should consider doing

Getting medical attention promptly after an accident is one of the most important steps you can take. Even if you feel fine, a medical professional can identify potential problems before they worsen. Consider documenting everything about your accident and how you feel in the following days. This information could prove valuable later if injuries do appear and you decide to pursue a claim. Remember, your health should always be your top priority after any motor vehicle accident.]]> On Behalf of B. Dave Driggers, PC <![CDATA[How does equitable division affect a divorce in Georgia?]]> https://www.davedriggerslaw.com/?p=253863 2026-03-17T14:29:05Z 2026-03-17T14:29:05Z How do courts in Georgia determine fairness? During a divorce, courts in Georgia divide marital property. This refers to assets and debts that either spouse acquires during the marriage. After the jury decides how this property should be divided in a divorce, the court must carry out the decision. The court also has the authority to order an equitable division of this property in the final decree. Judges look at the full financial picture and the marriage itself, and common factors they consider to determine fairness include:
  • Each spouse’s contributions, including income and support at home
  • Each spouse’s needs and future earning ability
  • The length of their marriage
  • In some cases, any relevant misconduct leading to the divorce, especially if it is financial
These factors help the court decide what is fair on a case-by-case basis rather than using a strict formula. Understanding how these factors apply to your situation can help you prepare stronger evidence and set realistic expectations for the outcome.

How does equitable division affect you?

Equitable division guides how spouses negotiate, the types of evidence they need to gather and what outcomes they can reasonably seek. It focuses primarily on fairness. For example, if one spouse stayed home to raise children, an equal split might leave them struggling financially. A fair division considers future earning differences, giving you and your spouse a share of property that is truly fair. This way, both parties can receive a fair share of the property that will help them adjust to their new lives after ending their marriage.]]> On Behalf of B. Dave Driggers, PC <![CDATA[Are you at fault if the car in front suddenly stopped?]]> https://www.davedriggerslaw.com/?p=253858 2026-02-18T15:22:15Z 2026-02-18T15:22:15Z Why Georgia presumes the rear driver is at fault State law imposes a duty on every motorist to maintain a safe following distance. Specifically, the law prohibits you from following another vehicle more closely than is "reasonable and prudent," considering the current speed, traffic density and road conditions. Because of this, law enforcement frequently attributes fault to the rear driver in these collisions. Even if the lead driver reacts to traffic, wildlife or sudden hazards, the law expects you to exercise sufficient vehicle control to prevent an impact.

When the lead driver may share or bear responsibility

While the rear driver is usually found at fault, that outcome is not absolute. Some scenarios where the lead driver could share fault include:
  • The lead vehicle operated with defective brake lights
  • The lead driver executed a lane change into the immediate stopping distance of the rear vehicle
  • The lead driver engaged in intentional "brake-checking" or other reckless maneuvers
  • The lead vehicle obstructed a travel lane without utilizing hazard lights or warning flares
If you can demonstrate the lead driver acted negligently, you may reduce or eliminate your share of fault. Evidence like dashcam footage, witness statements and police reports can be valuable here.

How Georgia's modified comparative negligence operates

Georgia adheres to a modified comparative negligence framework. This permits you to recover damages even if you bear partial liability for the collision, provided your contribution to the fault remains less than 50%. If the jury attributes 50% or more of the fault to you, however, the law completely bars you from any financial recovery. To put that into perspective, consider a scenario where your total damages equal $50,000, but the jury assigns you 20% of the fault. The court then reduces your recovery by that percentage, resulting in a final award of $40,000. Conversely, if the jury assigns you 51% of the responsibility, you receive nothing.

What your legal options may look like

If you have been in a rear-end collision in Georgia and believe the other driver shares responsibility, filing a claim with the at-fault driver's insurance company is one of the most common routes. Georgia is an at-fault state, meaning the driver who caused the crash is generally responsible for covering losses like medical bills, lost wages and repairs. Obtaining a copy of the police report can also help, as officers often note contributing factors that support your position. Witness statements can add credibility to your case as well. If the insurance process does not lead to a fair outcome, pursuing a personal injury claim in court may be an option. The state allows a two-year window from the accident date to file, and missing it can prevent you from receiving compensation.  ]]> On Behalf of B. Dave Driggers, PC <![CDATA[What to expect when divorce involves significant property]]> https://www.davedriggerslaw.com/?p=253852 2026-01-19T10:46:38Z 2026-01-19T10:46:38Z Divorce feels more stressful when large assets are involved. In Georgia, clear legal rules control how courts divide property and those rules can affect your finances long after the divorce ends.

Georgia uses equitable distribution and not equal division

Georgia courts divide marital property based on fairness, not a 50/50 split. Judges look at the length of the marriage, each spouse’s income and how each person contributed to the marriage. Courts also value nonfinancial work, such as managing the home or supporting a spouse’s career.

Asset classification and valuation take time

Courts first decide whether property is marital or separate. Most assets gained during the marriage count as marital property even if one spouse holds the title. Georgia Code Title 19. Domestic Relations § 19-3-9 states that separate property usually stays with its owner unless the spouses mixed it with marital funds. When mixing occurs, courts review records and rely on expert appraisals to set value.

Financial transparency is a legal requirement

Georgia law requires both spouses to disclose all assets and debts. In high-asset cases, courts closely review income records, retirement accounts and business interests. If a spouse hides assets or provides incomplete information, the judge may view that spouse as unreliable and adjust property division.

Timelines are longer and outcomes less predictable

High-asset divorces often last longer because they involve detailed discovery and expert opinions. Many cases settle through mediation but unresolved disputes may go to trial. Judges have broad discretion which can make outcomes harder to predict.

Why legal guidance matters in high-asset cases

Divorces involving significant property are shaped by detailed statutes, court discretion and financial evidence. Small missteps can have lasting consequences. Working with an attorney familiar with complex property division can help you understand how Georgia courts approach these cases, identify risks early and prepare documentation that supports your position.  ]]> On Behalf of B. Dave Driggers, PC <![CDATA[Emergency custody in Macon: Protecting your child quickly]]> https://www.davedriggerslaw.com/?p=253851 2025-12-18T10:13:16Z 2025-12-18T10:13:16Z When a child may be in danger, waiting for a regular custody case can take too long. Filing for emergency custody in Macon lets parents or guardians get quick legal protection. This process can give temporary control over where a child lives, who they spend time with and access to needed care while the full court case moves forward. Learning how emergency custody works in Georgia can help you respond quickly in urgent situations.

When emergency custody may be needed

In Georgia, data shows that, on average, about 31 children are confirmed victims of abuse or neglect every day, highlighting how quickly a child’s safety can be at risk.  This is where emergency custody comes into play. You can request one when your child faces immediate danger or instability. Some common situations include a parent exposing a child to abuse, neglect, domestic violence or unsafe living conditions. Courts in Macon evaluate whether quick action is necessary to prevent harm. Providing clear evidence of risk and the child’s best interests can influence the court’s decision.

Factors in requesting emergency custody

Requesting emergency custody involves showing that urgent action benefits the child. Some factors that can support your case include:
  • Demonstrating ongoing threats to the child’s safety or wellbeing
  • Showing evidence of past abuse or neglect documented by authorities
  • Highlighting sudden changes in the child’s living situation that may cause harm
  • Providing testimony from teachers, doctors or social workers familiar with the child’s needs
  • Presenting any existing custody or visitation agreements that may be affected
Gathering this information carefully can strengthen your request and help the court understand why temporary custody is necessary. Emergency custody orders in Macon are usually short term, giving the court time to plan a longer lasting solution.

Protecting your child while the case continues

Filing for emergency custody quickly can give your child stability and legal clarity. The process may feel fast paced. Knowing the key steps and providing clear documents can help make sure your child’s safety is the top priority during the court’s review.]]>