The post Is a three-second following distance really necessary? first appeared on Wilbanks Law Firm, P.C..
]]>But many drivers will count out three seconds and realize that it creates a much bigger gap between vehicles than they realized. They may have been inadvertently tailgating for years. They think that three seconds of space is too much. Why is it actually necessary?
The issue is that people don’t react instantly or immediately to things on the road, even when they think that they do.
Instead, it takes about 1.5 seconds for someone to start pushing the brakes. The first half of that time is when they perceive the need to slow the vehicle down, and the second half is when they take their foot off of the gas and move it to the brake pedal. Both of those actions feel very fast, but they take about 0.75 seconds each.
So if someone only had a following distance of two seconds, rather than three, they would then only have half a second to stop their car. It’s simply not enough time, in many scenarios. Having a minimum of three seconds gives people the actual amount of space that they need based on their reaction times. And even that assumes the driver has standard reaction times and isn’t fatigued, impaired or distracted.
Unfortunately, many drivers continue to tailgate. Those who have been injured in rear-end accidents caused by these drivers must know how to seek financial compensation. This can help to cover lost wages, medical bills and much more.
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]]>The post 2 things you should know about debt judgment collections first appeared on Wilbanks Law Firm, P.C..
]]>Debt judgment collections refer to legally pursuing outstanding debts determined by a court. This often occurs when a creditor takes a debtor to court and obtains a judgment in their favor. The judgment gives the creditor the legal authority to collect the debt through various means, such as wage garnishment, bank levies or property liens.
Creditors are typically the party that initiates legal proceedings to recover their outstanding debts. Creditors must adhere to specific legal requirements and follow due process to maximize their chances of successful collection.
The process begins with the creditor filing a lawsuit against the debtor. This initiates the legal proceedings and sets the stage for the court to make a judgment.
Once the case is heard in court and the evidence is presented, the judge will make a ruling in favor of the creditor or debtor. If the judgment is in favor of the creditor, they gain the legal right to collect the debt.
With a judgment in hand, creditors have several options for debt collection. These may include wage garnishment, bank levies and placing liens on the debtor’s property.
Navigating the debt judgment collections landscape requires a deep understanding of the legal aspects involved. One key legal consideration is the statute of limitations; creditors must be aware of these limitations, as attempting to collect a debt outside the statute of limitations can lead to legal repercussions.
Another key consideration is The Fair Debt Collection Practices Act (FDCPA), a federal law regulating how debt collectors interact with debtors. Violating the FDCPA can result in legal penalties, so it’s essential to stay compliant.
Understanding the intricacies of debt judgment collection, staying compliant with relevant laws and employing effective strategies can make a significant difference in successfully recovering outstanding debts.
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]]>The post What are your options when a car accident settlement is too low? first appeared on Wilbanks Law Firm, P.C..
]]>No Georgia law requires you to accept a low insurance settlement. Instead of assuming you have no choice, explore your options to ensure you get what you deserve after suffering serious injuries in a crash.
Not many realize that they can make a counteroffer when an insurance company’s offer fails to address their losses. By countering the offer, you show the company that you won’t accept less than you are due but are willing to negotiate.
They may accept your counteroffer or make one in return. In the latter case, you can continue negotiating back and forth until you reach a fair settlement.
Insurance companies are vulnerable to personal injury litigation when they fail to adequately compensate injured car accident victims. When a victim’s efforts to find common ground with an insurance company fail, they can file a lawsuit against the insurer.
If the insurance company refuses to negotiate or your discussions fail, you may also seek a remedy in court.
Protecting your injury compensation is vital throughout the claim process, especially when interacting with insurance companies. Never give recorded or written statements, and back up your claims with evidence (medical records, etc.).
Guidance from someone who does not fear litigation and cares about finding solutions can be a strong resource in your post-car accident journey.
The post What are your options when a car accident settlement is too low? first appeared on Wilbanks Law Firm, P.C..
]]>The post What should you do if you’re in a wreck? first appeared on Wilbanks Law Firm, P.C..
]]>Being prepared for an accident can help many drivers stay safe. Here’s what you should do if you’re in a car accident:
After an accident, it may help to move a vehicle out of the road. A car that’s blocking the road may cause more accidents. People may only be able to move their car if their vehicle is still operational. If a car can’t be moved, then it may help to turn on the car’s hazard lights.
Drivers should call the police soon after an accident. The police should make a report of the accident, which can be used for insurance purposes. Some drivers will try to avoid reporting an accident, but this could lead to fines and incarceration if someone is injured.
While drivers wait for the police, it may help to exchange information. Drivers may want to take pictures of driver’s licenses, insurance cards, phone numbers and license plates.
When the police arrive, there may also be an ambulance. Drivers should consider getting a medical examination even if they don’t feel hurt. The adrenaline from the accident may hide and mask the pain of even serious injuries. A medical report could help if a driver starts to develop medical issues from an accident.
Drivers may also benefit from taking pictures of the accident. While the pictures may not be used, they could be helpful if the other driver or the insurance company reports that the damages were or weren’t as bad as the driver said.
In many cases, drivers don’t get enough compensation for the injuries and damages they’ve suffered. It can help people to learn their legal rights to get properly compensated.
The post What should you do if you’re in a wreck? first appeared on Wilbanks Law Firm, P.C..
]]>The post What if someone without insurance causes a Georgia car wreck? first appeared on Wilbanks Law Firm, P.C..
]]>Of course, getting people to follow those requirements can be a real challenge. Young adults who don’t see the risks inherent in their behaviors and adults who are strapped for cash may choose to drive without active insurance coverage, effectively letting everyone else assume the risk generated by that choice.
It can be very difficult to track the rate of uninsured driving, as people aren’t typically keen to admit that they have violated the law. However, it is possible to look at the number of registered vehicles in the state and compare that with the number of insurance policies that companies underwrite.
Georgia is relatively average when it comes to the percentage of drivers who operate a vehicle without legally-mandated insurance. It ranks 23th on the list created using 2019 insurance information. Researchers estimate that 12.4% of Georgia drivers do not have proper coverage at any given moment. That’s more than one in ten drivers! Even if other states may have rates approaching 30%, having a roughly one in 10 chance of not being able to utilize liability insurance after a crash is a serious concern.
Those involved in a collision caused by someone without proper insurance typically have two options. If they have added supplemental insurance to their policies, including uninsured motorist protection, they can potentially use their own policy to cover certain expenses.
Many drivers instead seek to take legal action against the party at fault for a crash. Civil litigation is a reasonable response to someone violating the state law and causing financial hardship for others. There are personal injury and wrongful death statutes that make a lawsuit possible when someone causes a crash and cannot pay for victims’ losses.
The post What if someone without insurance causes a Georgia car wreck? first appeared on Wilbanks Law Firm, P.C..
]]>The post What is the most dangerous time to be a pedestrian? first appeared on Wilbanks Law Firm, P.C..
]]>The National Safety Council is in charge of producing figures on such events. Here is what they reported for 2021:
Over 7,000 pedestrians were killed on the nation’s public roads. Another 1,500 died when hit by vehicles on private property such as parking lots and driveways.
Urban roads accounted for around 85% of the fatalities, but it’s important to remember that far more people live in urban areas than rural ones.
A driver could take your life on any day of the week, but they are more likely to do so on a Friday or Saturday night. This is probably due to more people going out drinking on these nights, many of whom will then drive home. Obviously getting drunk as a pedestrian could also affect your ability to get home safely.
Whatever Simon and Garfunkel thought, darkness is definitely not your friend if you are on foot – walking is far more dangerous after dark. Interestingly, the figures show more pedestrians were killed on lit roads at night than on unlit roads. That doesn’t mean you should seek out unlit roads though. The figures are probably down to more pedestrians choosing to walk on lit roads in the first place.
Steps such as wearing bright or reflective clothing, or carrying a torch can help make you more visible. However, many of these fatalities likely occurred due to drivers not taking enough care to look out for pedestrians. When that is the case, understanding how to hold the driver responsible will be crucial.
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]]>The post No sidewalks? Teach your kids about safety to avoid a tragedy first appeared on Wilbanks Law Firm, P.C..
]]>Most drivers watch out for pedestrians, but you cannot know when a careless motorist is driving near your kids. That means it is up to you to teach them how to stay safe when walking close to traffic on roads with no sidewalks.
Safe Kids Worldwide encourages parents with kids younger than ten to accompany them near traffic and intersections, especially if there are no sidewalks. If your young kids must cross any streets to reach their destination, consider tagging along to help protect them.
Here are 5 more tips to safeguard your young pedestrians:
The consequences of a pedestrian accident involving children can be devastating, as they are no match for heavy, fast-moving automobiles. If your child or other loved one suffered injuries in such an accident, consider exploring your options under Georgia accident and injury compensation laws.
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]]>The post Why domesticate a judgment from another state in Georgia? first appeared on Wilbanks Law Firm, P.C..
]]>There are some people who borrow money and have no real intention of paying what they owe in full. Instead, they might change their phone numbers, start living with friends or even quit their jobs in an effort to avoid collection activity initiated by their creditors. In extreme cases, creditors have to take someone to court because that individual has demonstrated a marked and persistent refusal to fulfill their financial responsibilities.
After a creditor brings a lawsuit in civil court, a judge can review the records of the matter and potentially rule in favor of the plaintiff, granting them a judgment. Judgments are often the first step toward garnishing someone’s wages and forcing them to repay their debt regardless of their excuses for refusing to pay. However, a judgment comes from a state court and is therefore only enforceable in the same state without taking extra steps. If someone who owed money while living in Florida or Tennessee moves to Georgia, creditors may want to domesticate the original judgment they secured.
As the name implies, to domesticate a judgment is to make it enforceable in the current jurisdiction that applies. Georgia law recognizes the validity of judgments granted in other states and allows people to enforce their judgments in Georgia if they take the right steps. The process of judgment domestication is a worthwhile endeavor in many cases specifically because it is a quicker process than litigating the debt again. By filing paperwork related to the original judgment in Georgia, a creditor owed money by someone currently living in Georgia will be able to take the same debt collection steps they would have taken if the initial lawsuit occurred in Georgia.
Domestication is usually a necessary step if a creditor wants to garnish someone’s wages. All too often, creditors let interstate rules intimidate them out of asserting their rights. Requesting the domestication of a foreign judgment can be an effective way for a creditor to minimize what it costs to collect on a debt after someone leaves the state, perhaps in an effort to avoid financial responsibility.
The post Why domesticate a judgment from another state in Georgia? first appeared on Wilbanks Law Firm, P.C..
]]>The post 4 types of dangerous drivers on the road first appeared on Wilbanks Law Firm, P.C..
]]>Here are four types of dangerous drivers you may encounter on the road:
People get behind the wheel intoxicated for different reasons, including not knowing how impaired they are, peer pressure and false confidence. When a driver is drunk, their judgment is impaired, and they may have poor eye coordination. Accordingly, they may fail to make the right decisions on the road.
Distractions lead to many accidents. Examples include texting, talking on the phone, having discussions with passengers, paying attention to kids, eating, looking at billboards and so on. A driver taking their eyes off the road even for a few seconds can be dangerous.
People who drive faster than the speed limit may lose control or lack adequate time to stop if need be. Crashes involving speeding vehicles can result in severe injuries and damages.
Teenage drivers’ inexperience can make them more dangerous. A teenager may not have the experience or skills to make and execute quick decisions on the road that could help them avoid a crash. In addition, teenagers are highly likely to engage in risky behaviors, such as speeding or getting distracted.
If any of the above-discussed drivers or more involves you in an accident, it will help to consider your options to protect your rights.
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]]>The post Be wary and be safe this Fourth of July first appeared on Wilbanks Law Firm, P.C..
]]>Unfortunately, festivities can turn tragic if someone is injured, so it’s wise to pay attention to some of the dangers that seem to come hand-in-hand with Independence Day.
A Fourth of July celebration entails numerous potential hazards, some of which may lead to accidents or injuries. Common hazards at barbecues may include:
While accidents can happen anywhere, property owners are expected to maintain a safe environment for their guests, including taking reasonable steps to prevent foreseeable harm. If you are injured because your host didn’t bother to take enough safety precautions, it may be time to find out what legal options you have to recover your losses.
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