Auto accidents come in many forms from rear-end collisions to impaired drivers failing to maintain their lane. No matter the type of accident, it is rare that only one person is injured. Oftentimes, passengers have to suffer for the mistakes of the drivers. All is not lost when a passenger is injured due to driver negligence; injured passengers may be able to recover compensation for the same injuries and damages suffered as the driver.
In cases where the injured passenger is related to the driver of the vehicle, this passenger is often covered by the driver’s insurance policy. This means the passenger will go through the regular channels of an insurance claim in order to receive compensation for his or her injuries.
Non Related Passengers
Passengers who are not related to the at-fault driver may be able to pursue a third party insurance claim. Third party insurance claims are claims a person makes under an insurance policy that is not his or her own. Depending on who is at fault for the accident, a claim can be filed with the insurance provider for either the driver of the car you were riding in or the driver of the other vehicle involved.
In many cases, auto accidents are not entirely the fault of a single party. If both drivers are partially responsible for the accident in which you were injured, multiple third party insurance claims can be filed. It is possible that the liability policy for one driver is not enough to cover the entirety of your losses. If your total medical expenses are over $30,000, the claim against one driver’s insurance policy may cover $20,000 while the other covers the difference.
If you are injured in an auto accident, you may be entitled compensation. Compensation in these cases can cover a variety of things, including:
- Current medical costs: Ambulance bills, testing and emergency services costs are included here.
- Future medical costs: Rehabilitation costs and the costs of any required surgical procedures are included here.
- Loss of income: If you are unable to work or miss work due to your injuries, you may be entitled to recover those wages.
- Pain and suffering: Emotional or mental injuries, such as insomnia, grief, or fear are included here.
Multiple Injured Passengers
Claims against insurance companies tend to come from one pot. Multiple passengers who are injured in the same accident generally have their claims combined. These combined claims are then paid out of the single insurance amount.
Protect Yourself with Legal Assistance
Automobile accidents and collisions can change your life in the blink of an eye. When it happens, be ready by consulting with experienced personal injury attorneys who will work to get you the amount of compensation that you need to live your life to the fullest. The attorneys at Cash, Krugler & Fredericks in Atlanta, GA have combined decades of experience in handling personal injury claims and have helped countless others get the compensation they need to fund their recoveries. Contact us today to schedule an initial consultation for your case.
A six-week-old infant died after falling with her mother down an elevator shaft in a New York apartment building. According to witnesses and police reports, the young mother was attempting to push her child’s stroller into the out of service elevator on the 23rd floor. Mother and child fell onto the roof of the elevator five feet below. At which point, the elevator car dropped even further to the 17th floor. The baby girl was pronounced dead at the hospital.
While this accident is clearly a tragedy, fatal elevator accidents happen more often than many people realize. These everyday devices may seem simple, but they can actually be extremely dangerous.
According to records, the New York apartment building where the infant lost her life had faced multiple complaints in the past, including more than 120 elevator violations since 2005. The multi-building complex built in 1974 contains ten elevators, all of which are regularly inspected by the servicing company. Yet residents were not surprised by the accident, having experienced numerous smaller incidents in recent years.
The Office of Insurance and Safety Fire Commissioner regulates escalators and elevators for the state of Georgia. Their roles encompass inspection, maintenance, and accident reporting. Inspection and safety measures are critical to preventing injuries and saving lives. These inspections and early warning systems, however, mean nothing if there is a lack of follow-up. Unaddressed complaints and dangers leave people at risk.
The New York accident occurred in an elevator that was under repair at an apartment complex. This means many parties could be potentially liable for the unfortunate death of the young child as well as the injuries to the mother, including:
- The apartment complex property owners: Owners are responsible for the general upkeep and maintenance of the property in a manner that ensures the safety of residents and others who may enter the property.
- The company responsible for the repair of the elevator: Repair companies are responsible for taking proper safety precautions with repairs such as posting clear and obvious warnings that the elevator is out of order.
- The manufacturer of the elevator: Manufacturers are responsible for potential defects in the design, construction or assembly of the elevator.
Seek Professional Guidance
We here at Cash, Krugler & Fredericks take elevator accidents seriously and have been at the forefront of elevator accident litigation for years, seeking to hold those negligent parties responsible for the life-changing injuries they inflict on unsuspecting elevator users. Our representation of elevator accident victims has led us to develop strong relationships with leading engineering and design experts on elevator safety as well as changes to Georgia law regarding elevator safety.
Despite efforts to hold negligent parties responsible to serve as an example and warning for property owners everywhere, elevator accidents continue to occur around the country. If you have been involved in an elevator accident, it is important to have representation that is familiar and experienced with common issues that arise during elevator accident litigation. Know what your rights and recovery options are moving forward. We here at Cash Krugler & Fredericks can help.
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An Atlanta woman was hospitalized recently after part of a building facade collapsed on her. The building in question is part of a strip mall. The fallen awning caused damage to cars outside and even trapped people inside a business as debris blocked the doorways.
According to reports, a crew had been working on the facade earlier in the day and the Atlanta fire spokesman noted that there are a number of possible reasons for the collapse, including wind damage, water damage, or rotting structural material. The woman suffered non-life-threatening injuries and is expected to make a full recovery.
Duty of the Property Owners
Property owners, especially business owners have a duty of care to those they invite onto the property. This duty of care is meant to protect against injuries and accidents. Customers and shoppers have a reasonable expectation that the store they are visiting is safe and free from hazardous conditions. The property should be kept in a condition that is safe and free from defect. Injuries caused by unsafe conditions or defective designs can lead to compensation for medical costs, lost wages, and pain and suffering.
It should be noted that the duty of care is extended only to invitees and licensees. Invitees are those whom the property owner has given permission and openly invited to enter the property, such as customers and shoppers at a strip mall. Licensees are those the property owner has given permission to enter the property but who are coming onto the property for their own benefit, such as vendors. Trespassers are those who have not been authorized to be on the property. The duty of care does not extend to trespassers, unless the trespasser is a child.
Property owners are generally considered to be responsible for the maintenance and upkeep of a building and its outlying area. Dangerous property conditions can be caused by faulty design, poor construction, improper maintenance, or even dangerous clutter. It is the responsibility of the property owner or occupant to regularly inspect property to find dangerous conditions and make repairs. Regular inspection can greatly reduce the risk of potential accidents in the future.
Businesses in areas such as strip malls pose an interesting issue when it comes to identifying responsible parties. Depending on the state of the property and the wording of any leasing contracts, several different parties may each hold some sort of responsibility, including:
- The store owner or manager
- The owner or property manager of the strip mall property
- Any construction or maintenance crew working on the property
If a Property Owner Causes You Injury, Consult a Georgia Personal Injury Attorney
You do not have to have a building fall on you to pursue a property owner for a case based around premises liability. Some of the most common types of personal injuries are caused by a property owner’s failure to take reasonable care to remove dangers and hazards from his or her property. Shoppers who slip and fall in a grocery store due to the store’s failure to clean up spilled food or liquids may have a claim based on premises liability. Invitees and guests on a person’s property who trip and injure themselves due to being unable to see hazards because of poor lighting may have a claim based on premises liability.
Whatever your personal injury, you should consult with the attorneys at Cash, Krugler & Fredericks, LLC. Their combined decades of experience in handling premises liability claims is an invaluable tool in your journey to recovery. Contact them today at (404) 659-1710 or visit them online to schedule a consultation.
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For the second consecutive year, CK&F sponsored the Legendary Party, the Shepherd Center Foundation’s largest fundraising event. CK&F is proud to support the Shepherd Center and its patient care programs for those who have suffered brain and spinal cord injuries. For more information on the Shepherd Center, please visit www.shepherd.org.
Less than a month after Samsung recalled their Galaxy Note 7 phones, the U.S. Consumer Product Safety Commission is working with Samsung yet again to address safety concerns with the company’s top-loading washing machines. Machines sold between March 2011 and April 2016 have been reported to come dislodged and cause property damage.
In what feels like deja vu, Samsung is again being cited for exploding products. One incident report included the owner hearing loud booms while others claim metal shards flung from the machine and damaged walls. The damage has been caused by the tub becoming unfastened, and simply spinning so quickly and with such force that it destroys the machine and anything nearby.
Samsung is currently advising owners of the affected washing machines to simply use the lower-speed cycles when washing bulky items such as bedding. This “lessens the risk of impact injuries or property damage due to the washing machine becoming dislodged.” No official recall has been issued for the affected models. People who believe they may be in possession of an affected model can go to the Samsung website and enter their serial number to see if they are affected. When dealing with a defective product, it is best to not put yourself in further danger.
Product Liability Claims
Product liability claims can help you to recover compensation for the damages done. This compensation can include medical costs, both immediate and future, lost wages, and compensation for emotional distress. If you have been injured or have experienced property damage due to a defective product, there are a few key things that will help lead you to a positive outcome in your case.
Product liability cases hinge on a few very important facts, including:
- You were injured or suffered losses, including property damage
- The product is defective (including design, manufacturing, or marketing defects)
- The product defect was the cause of your injury or property damage
- You were using the product as it was intended and not inappropriately or against the manufacturer’s guidelines
It is Always in Your Best Interest to Consult an Experienced Georgia Personal Injury Attorney
Product recalls and defective product claims can be difficult to navigate but are no less important to win when it comes to recovering for personal injuries. When a large appliance like a washing machine is faulty, the malfunctioning machine can can cause physical injuries to operators and property damage. The experienced attorneys of Cash Krugler & Fredericks can help fight for your rights. Their history of handling defective product cases can prove beneficial in any case as they can provide you with the resources needed to take on large companies. Contact them at (404) 659-1710 or visit them online to schedule a consultation today.
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