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Between 2007 and 2012, average claimed economic losses for motor vehicle collision victims making a personal injury protection (PIP) claim increased eight percent annualized. The Rocky Mountain Insurance Information Association also reports that average claimed losses among motor vehicle collision victims making a bodily injury claim has increased four percent from 2007 to 2012. 

At the same time as claimed losses have increased, there has also been a rise in the number of motor vehicle accident claimants who are represented by a personal injury lawyer. A report from the Insurance Research Council shows just how many more people are hiring an attorney, although the report tries to paint this phenomenon as a negative.

More Claimants are Represented After a Motor Vehicle Accident

In 1977, 17 percent of motor vehicle collision victims were represented by a lawyer when they made a personal injury protection (PIP) claim after being hurt in a collision. There has been a dramatic shift in the number represented. By 2007, 31 percent of PIP claimants had an attorney and 36 percent were represented by 2012.

The number of people with a lawyer to help them make a bodily injury claim has always been higher than the number of people getting help with a PIP case. Even in 1977, 47 percent of bodily injury claimants had an attorney. In 2007, 49 percent of motor vehicle collision victims with a bodily injury case hired a lawyer and the number getting legal help had reached 50 percent by 2012.

The Insurance Research Council suggests that more people getting a lawyer is bad for them because being represented by an attorney makes claims take longer to resolve. This is ironic, when the insurance industry is dedicated to delaying as much as possible to prevent people from getting the money they deserve. The American Association for Justice describes the 10 worst insurance companies and the "three D's," the companies practiced: denying claims, delaying payouts and defending the denials.

Insurance companies may delay to try to make you desperate enough to give up or to accept a lower amount of money. Insurers may also deny your claim even though it should be covered, in the hopes you won't know how to follow through and fight for coverage.

The dishonest tactics of insurance companies may help to explain why private insurance ends up covering only around 50 percent of motor vehicle crash costs, leaving victims with 26 percent of costs; doctors, charities and healthcare providers with 14 percent of costs; and state or federal revenues with nine percent of the costs.

The insurance companies stalling tactics may not be the only reason for delays. When you don't have a lawyer, the insurer may pressure you to quickly accept a low settlement, signing a liability release in exchange for a small sum of money. The problem is, while your case may settle fast, you can't change your mind later if it turns out your settlement was way too low. If you have a lawyer, your attorney can advise you on whether to sign the settlement and can take time to negotiate a better deal on your behalf. While it may take you a little longer to resolve your claim, it is often better to fight a little longer for full compensation than to walk away with far less than you deserve.

Call the Law Offices of Gary Martin Hays & Associates, P.C. at 1-800-898-HAYS or visit https://www.garymartinhays.com to schedule a free consultation with an Atlanta, GA personal injury lawyer.

For many kids, the most exciting part of starting a new school year is that they can resume participation in athletic events. While school athletics has many positive benefits for children, including both social benefits and health benefits, a personal injury lawyer knows that kids who play sports also face significant risks. 

Head injuries are among the most serious dangers of school athletics but kids could also face overexertion injuries, heat injuries and even heart attacks depending upon their physical shape and whether school athletic programs do enough to keep them safe.

Preventing Sports Injuries This Fall

Action News 19 provided some basic safety tips that should be followed when students resume playing sports this school year. Tips include:

• Having kids start exercising before the actual athletic season. About four to six weeks before a school sport starts, kids should get back into shape and begin exercising again.
• Acclimatizing kids to hot weather over time. When fall practice season starts, the weather may still be warm. To prevent heat injury, slowly increase the amount of time kids spend practicing outdoors in the hot sun. For the first 10 to 14 days of the practice season, kids should slowly work up to spending more time each day practicing outside.
• Give kids regular breaks. Around every 10 to 15 minutes, kids should be given a chance to rest and have some water or fluids to replenish their bodies.
• Ensure kids have protective gear that is in good repair, that fits them appropriately and that they actually use both during games and during practice.

Following these safety tips can help to reduce some common injuries, but doctors still caution that head injuries are one of the biggest risks associated with playing school sports. Unfortunately, as one neurosurgeon warns, it is impossible to ever undo the damage that a brain injury can cause once a child has sustained a blow to the head. The damage can cause long-term health problems such as increasing the risk of suicide, depression and dementia.

School athletic departments must know the signs associated with concussion, which include sensitivity to light, memory problems, disorientation or confusion, and dizziness. If it is suspected that a child athlete may have sustained a concussion, a thorough medical evaluation is necessary and the child should not continue to participate in athletic events unless or until he has been cleared to do so by a medical professional.

While many people think of football when they think of injuries resulting from athletics, WCYB warns that football is not the only high-risk sport. Kids can also sustain head injuries when playing games like soccer or basketball or when participating in cheerleading. Repeated head injuries in any sports event are more likely to do more long-term damage and cause complications.

Athletic departments need to be aware of the dangers of head injuries and should have a protocol in place for meeting the medical needs of a child who has sustained a blow to the head.

Call the Law Offices of Gary Martin Hays & Associates, P.C. at 1-800-898-HAYS or visit https://www.garymartinhays.com to schedule a free consultation with an Atlanta personal injury lawyer.

Driving is a skill that comes naturally to some people, but not to others. There are many debates regarding whether men or women tend to be more skilled at operating a motor vehicle. Unfortunately, a recent report from Yahoo News suggests that men and women are both terrible drivers but in different ways. 

Both male and female drivers need to obey the rules of the road and exercise reasonable care behind the wheel. If a driver is involved in a motor vehicle collision and injures someone, the victim or surviving family members should consult with a personal injury lawyer for help making a damage claim.

Are Men or Women Worse Drivers?

According to Yahoo, insurance companies charge men a lot more to buy auto insurance. For a 25-year-old man who lives in Oakland, California and who has never gotten an accident or a ticket, his insurance costs will be around $385 higher than a woman who has the same driving profile. As the man and woman get older, the gap between the insurance premiums narrows but does not disappear. Over the course of his life, the male driver ends up paying thousands of dollars more in auto insurance premium costs.

Men do not necessarily pay more because they get into more collisions. In fact, evidence suggests that women actually tend to get into more crashes than men do, especially when factoring in that men drive more than women. A University of Michigan study reported on by Yahoo found that for every age group above 25, women had higher-rates of becoming involved in non-injury collisions than men. A study of more than 6.5 million collisions between 1998 and 2007 that the Daily Mail reported on also found that there was a higher-than-anticipated number of collisions involving two women drivers.

Women, in particular, are more likely to become involved in collisions that occur at intersections. Yet, despite this, women still pay less for insurance than men. The reason is because these crashes are routinely minor collisions and involve only property damage or minor injuries.

Men, on the other hand, generally tend to take more risks. According to a Reader's Digest report, men may actually be better at many different kinds of driving skills than women are, but they often make unsafe and high-risk choices. When they are involved in collisions, the accident is more likely to have been caused by aggressive driving or dangerous behavior. As Yahoo indicates, this means that men are more likely to total their car or to get into a very serious collision. Men account for 71 percent of the drivers killed in car wrecks, and they also drive drunk and speed at higher rates then women.

One area where female drivers are actually much worse than men: texting and driving. Female teenage drivers are around twice as likely to talk on the phone or text when they operate their vehicles as compared with their male counterparts. This technological shift may necessitate a change in insurance premiums in the future if more young women start to become involved in distracted driving crashes.

Call the Law Offices of Gary Martin Hays & Associates, P.C. at 1-800-898-HAYS to schedule a free consultation.

Drivers are expected to obey the rules of the road and behave with reasonable care. Unfortunately, many motorists drive even when they know that there is something preventing them from being safe behind the wheel. Some motorists choose to operate their vehicles despite serious mechanical problems with the car while others have a physical or mental impairment and decide to drive anyway. 

If a driver operates his vehicle when it is unsafe, he can be considered negligent and held responsible for any accidents he causes. A personal injury lawyer can represent victims of motor vehicle collisions caused by negligent drivers.

Motorists Who Drive When They Shouldn't

A recent survey of 2,000 drivers, of these motorists, 46 percent admitted to driving at least once or twice despite knowing that it was not a good idea to get behind the wheel. Eleven percent admitted they'd driven when it wasn't necessarily safe somewhere between three and ten times and three percent said they had gotten behind the wheel despite safety concerns more than 10 separate times.

There were a lot of potential reasons drivers cited for being concerned about their ability to drive safely. The motorists who were concerned about driving said that the problem that caused their concern included:

• Drowsy driving, which was the problem faced by 68 percent of drivers.
• Having a headache, which was the problem faced by 53 percent of drivers.
• Being sick enough that they should stay in bed, which was the problem of 35 percent of drivers.
• Consuming alcohol, which was the problem of 23 percent of motorists who said they drove because they were not as drunk as a friend.
• Driving without glasses or contacts, which was the problem of 16 percent of drivers who said they needed vision correction.
• Having their arm in a cast, which was the problem of eight percent of respondents.

Some motorists also reported mechanical problems that had them questioning the safety of the drives they took. Of the drivers who had mechanical issues:

• 61 percent drove with a check engine light on.
• 32 percent drove when their windshield was blocked by snow and ice.
• 26 percent drove with windshield wipers that were not working.
• 21 percent drove with a broken speedometer.
• 19 percent drove with a horn that did not work.
• 18 percent drove with headlights that did not work.
• 17 percent drove with a flat tire.
• 10 percent drove despite having a door that had to be held closed.
• Seven percent drove with a child and no required child seat.
• Six percent drove despite their car being filled with exhaust fumes.
• Five percent drove without a driver's seat or with a seat that was broken.

These motorists endanger themselves and others. Most said that they drove despite the risks because they had to go home; get to work; pick up their kids or go to a doctor. The bottom line, however, is that there is no excuse for driving when faced with safety concerns.

Call the Law Offices of Gary Martin Hays & Associates, P.C. at 1-800-898-HAYS to schedule a free consultation.

Many people ride bikes for their commute because they want to get exercise or because they believe it is better for the environment. Bikers have been vocal about encouraging local municipalities to improve conditions for riders and have largely been successful in getting bicycle lanes installed and ensuring that lawmakers consider the needs of riders. In fact, just recently, Atlanta was chosen for a bike lane project that WABE reports will result in the construction of safer bike lanes in the city.

Some drivers, however, are questioning whether bike riders may have gone too far. In several recent articles in the Washington Post, bikers have been described as "bullies" and as trying to "rule the road." If bikers do indeed behave in an aggressive way and fail to follow the rules, this could affect their right to recover compensation after a collision. A personal injury lawyer can help those involved in a bike accident to determine who is to blame.

Criticisms of Bicycle Riders

According to the Washington Post, bike riders have pushed to have bicycle lanes installed in places where parking previously was located, causing shortages of convenient parking in some areas. Bicycle riders are also accused of traveling too slowly on busy streets during rush hour and not respecting motorists who want the bikers to get out of the way. The columnist even suggests that "bikers routinely worm their way to the front of a line of cars waiting at a red light" and then poke along at a "snail's pace" and hold up traffic when the light turns green.

In a separate article also picking on bike riders in the same newspaper, a columnist lamented that bicycle riders frequently ride on sidewalks where pedestrians travel.

Yet another columnist complained about "bicycle ninjas" who ride without lights at night or when visibility is low. This makes the bicycle riders difficult to see and puts pedestrians at risk as well as increases the chances of a bike accident occurring. Some of these bikers may also go the wrong way in bike lanes and ride on sidewalks even when they are difficult to see.

These criticisms seem to suggest that some bicycle riders have a sense of entitlement and it is disrupting the orderly operations of the road. The reality, however, is that bicycle riders still face significant dangers even though bike lanes have become more common.

According to the National Highway Traffic Safety Administration, there were 726 bicycle riders killed in 2012 and another 49,000 got hurt in motor vehicle collisions. While bike riders made up just two percent of people killed and two percent of people injured in traffic accidents, the number of fatalities is on the rise. In 2012, for example, there were six percent more bicycle riders killed in collisions as compared with the prior year. Urban areas are the most dangerous for riders, with 69 percent of all deaths occurring in urban areas.

Both bicycle riders and drivers need to be respectful of each other and need to obey the rules of the road. The risk of accidents can be reduced only if everyone is careful.

Call the Law Offices of Gary Martin Hays & Associates, P.C. at 1-800-898-HAYS or visit https://www.garymartinhays.com to schedule a free consultation.

Driving with your pet in the car may seem harmless, but the reality is that you put yourself, your animal and other motorists at risk. If you have your pet in the vehicle with you, your dog needs to be restrained for his own safety as well as to avoid increasing the risk of a dangerous accident. 

Pets can turn into projectiles if a collision occurs, and pets can also be a major distraction and increase the risk of an accident happening. If you are involved in a collision with someone who was distracted by a pet in the car, you should consult with a personal injury lawyer for information about making a car accident claim.

The Risks of Driving with Pets

AAA Pet Spot provides some important information about driving with a pet in the car. According to a survey of pet owners, 65 percent of pet owners who took their dog in their vehicle had engaged in at least one distracting behavior while their pet was in the car, although only 29 percent admitted they were distracted by the animal.

Distracting behaviors included petting their dog while driving, which 52 percent of respondents said they did. A total of 17 percent of drivers said they let their pet sit in their lap while operating their vehicle, and 13 percent said that they had given food or treats to their dog as they drove. Finally, four percent of drivers said that they had played with their dog as they were operating their vehicle.

When dogs go in the car, many of them are not restrained. A full 84 percent of survey respondents said that they had taken their dog on a variety of different car trips including running errands and going on leisure trips. Despite this, only 16 percent had any kind of pet restraint system that they used in their vehicle.

As Esurance points out, an unrestrained dog could not only be killed in a collision but could also seriously injure or kill others in the car at the time. A 10-pound dog that is not restrained could generate as much as 500 pounds of force if he is in a vehicle that crashes while the car is traveling at 50 miles-per-hour. If the dog weighs 80 pounds, the animal can generate 2,400 pounds of force even in a slow-moving crash where the vehicle is traveling only 30 miles per hour.

Drivers with pets need to be aware of these dangers. Keeping their animal restrained can both prevent distractions and ensure that a dog doesn't fly around a car when a crash happens. There are different types of pet restraints that can be used in the car including a pet crate and special pet seat belts. Human seat belts should not be used to try to restrain pets as this can be dangerous and ineffective.

Drivers who plan to travel with their pets need to be aware of the risks and should ensure they are taking precautions to keep their animals, and themselves, safe.

Call the Law Offices of Gary Martin Hays & Associates, P.C. at 1-800-898-HAYS or visit https://www.garymartinhays.com to schedule a free consultation.

Measuring the losses and damage that motor vehicle accidents cause illustrates the scope of the issue in the United States. In 2010, there were 32,999 deaths due to accidents as well as an additional 3.9 million non-fatal injuries and 24 million damaged vehicles. According to the National Highway Traffic Safety Administration, (NHTSA), the total combined cost of these collisions was around $871 billion. This includes both economic costs as well as societal impact on citizens in the United States. 

Individual car accident victims may experience significant financial harm resulting from accidents. They may be faced with medical bills and lost wages, as well as a decreased quality of life and ongoing pain. Family members of those who are killed also experience great injustice. The driver responsible for causing the motor vehicle collision needs to be held accountable, and accident attorneys in Atlanta from the Law Offices of Gary Martin Hays & Associates, P.C. can help those who have been injured.

Measuring the Scale of Loss

The $871 billion in losses that the NHTSA calculated included $277 billion in actual economic expenditures like medical treatment. These costs average out to around $900 per U.S. citizen. The total also included $594 billion in harm resulting from the loss of life, the decreased quality of life from those seriously injured, and the pain that the injured endure.

There are three specific types of collisions that are responsible for the majority of these costs and losses: drunk driving accidents, speeding accidents and collisions caused by distracted drivers.

Crashes caused by drunk drivers accounted for a total of 18 percent of all of the economic losses and 23 percent of the overall societal harm that resulted from motor vehicle collisions in 2010. In total, there were $49 billion in economic losses and another $199 billion in losses to society that occurred because of drivers who were impaired by alcohol. The economic losses alone averaged out to $158 for every single person in the country.

Crashes caused by speeding drivers accounted for 21 percent of all of the economic losses and 24 percent of the overall societal harm that occurred due to motor vehicle accidents in 2010. In total, the economic losses from speeding drivers equaled $59 billion or an average of $191 per person in the United States. The costs of overall societal harm from speeding drivers totaled around $210 billion.

Finally, crashes caused by distracted drivers accounted for 17 percent of total economic loss and 15 percent of overall societal harm. The economic losses totaled $46 billion and the societal losses totaled $129 billion. Again, just the economic costs averaged out to around $148 for every single individual in the United States.

Because of the high costs of collisions, those who are injured or who lose loved ones must take legal action to protect their finances and get the compensation they deserve. An experienced attorney can help in pursuing a damage claim after a motor vehicle accident.

Call the Law Offices of Gary Martin Hays & Associates, P.C. at 1-800-898-HAYS or visit https://www.garymartinhays.com to schedule a free consultation.

A motorcycle accident occurred in Gwinnett County in late May after a car crossed the center line on Winder Highway and struck an oncoming motorcycle in a head-on collision. According to WSB-TV, the three-vehicle accident caused two vehicles to roll over, and occupants of all vehicles were hospitalized.

While thankfully there were no fatalities in the Gwinnett County crash, the Atlanta Journal-Constitution reported a motorcyclist in Buford wasn't so lucky in April after being struck from behind by a vehicle following too closely. The accident caused a chain reaction resulting in the motorcyclist being struck by multiple vehicles and sustaining fatal injuries.

The Governor's Highway Safety Association (GHSA) reports a sharp decrease in fatal motorcycle accidents across the United States from 2012 to 2013. However, evidence suggests this decline was caused by weather and not better safety measures. Motorcycle accident victims who believe their accident was caused by a careless driver should discuss their legal options with an accident attorney in Atlanta immediately after their crash.

Preventing motorcycle accidents in Georgia

According to GHSA statistics, 97 fatal motorcycle accidents occurred in Georgia during the first nine months of 2013, representing a 13 percent decrease from same time period in 2012. Georgia's motorcycle fatality rates reflect a national trend in declining fatal motorcycle accidents. In fact, the state exceeded the average decrease of 10 percent nationwide.

The GHSA suggests the reason for the nationwide decline in fatal motorcycle accidents was due to 2013 being a colder, stormier, wetter year than 2012. The trend appears to have carried into 2014 with February's unusual snow and ice storm. Severe weather typically leads to fewer riders using Georgia roads.

While there may be fewer riders on the road, drivers of cars still must keep an eye out for motorcycles. They must respect motorcyclists' right to use the road in the same way they respect the rights of other drivers on the road. The National Highway Traffic Safety Administration recently published a list of important tips that can improve safety conditions for motorcyclists.

Published in May as part of Motorcycle Safety Awareness Month, the report by the NHTSA advises drivers to:

• Give motorcyclists the full width of the lane they're occupying.
• Use turn signals when merging or changing lanes.
• Check mirrors and blind spots carefully for motorcycles.
• Allow at least a three-to-four second following distance to avoid rear-end accidents with motorcyclists who have to stop quickly.
• Avoid driving distracted or under the influence of drugs or alcohol.

Motorcyclists are urged to follow a number of safety tips, too, including:

• Use helmets compliant with Department of Transportation (DoT) specifications.
• Drive only with a valid motorcycle license and after receiving safety training.
• Wear brightly colored and reflective clothing.
• Use turn signals and hand signals while changing lanes or turning.
• Stay in the middle of the lane where you are most visible to drivers.

If motorcyclists and drivers follow these basic safety tips and respectfully share the road with one another, hopefully further motorcycle accidents will be prevented in Georgia in the future.

Call the Law Offices of Gary Martin Hays & Associates, P.C. at 1-800-898-HAYS to schedule a free consultation. 

April is Distracted Driving Awareness Month, and as part of a collaborative effort, the Georgia Trial Lawyers Association, the Georgia Department of Highway Safety and retired NBA player Shaquille O'Neal have teamed up to educate young drivers of the potential dangers.

Distracted driving car accident lawyers in Atlanta believe this is an excellent time of year to drive home the point, given that graduation and summer break are right around the corner.

The "Ghost Out" program features a series of reenactments, speakers and presentations designed to let teen drivers at Georgia high schools know that every second they are distracted behind the wheel creates the potential for a fatal crash.

Study finds 1 in every 4 accidents involves cell phone use

According to the National Highway Traffic Safety Association, accidents involving distractions account for nearly half of all roadway fatalities, or about 5,000 annually. Distractions can also be blamed on approximately 450,000 injuries each year.

Another recent report from the National Safety Council indicates that 1 of every 4 wrecks can be attributed to cell phone use. Interestingly, only a small portion of those are blamed on text messaging, though teens are more prone to texting than other drivers.

What is especially scary about this revelation is the fact that most people don't view talking on the phone as being especially dangerous. This kind of faulty thinking is perpetuated by the fact that while all states have some form of text messaging ban, none ban talking on a phone for all drivers. What's more, none forbid hands-free cell phone devices, despite the fact that research has proven they are equally as dangerous as handheld devices.

In Georgia, all drivers are forbidden from text messaging, and it's considered a primary offense, meaning officers can pull over a driver solely for violation of this statute. However, only school bus drivers and those drivers under the age of 18 are banned from talking on a phone while driving.

Perhaps it's no wonder, then, that the latest NSC research found that 80 percent of drivers believe that hands-free cell phones are safer. This is despite the fact that more than 30 studies in recent years have proven that when it comes to the level of distraction, hands-free devices affect the brain the same way as handheld cell phones.

Research suggests driving distracted more dangerous than drunk driving

Here's another reality of which many teens may not be aware: Researchers with the University of Utah recently found that drivers who were using their cell phones actually had slower reaction times than those who had a blood-alcohol content of 0.08 percent. While it may take a drunk person hours to sober up, a person on a cell phone can immediately eliminate the risk by simply hanging up.

Meanwhile, those who drive drunk are hit with heavy fines and penalties, while those who are caught driving while distracted are treated far more leniently.

New drivers especially need to be taught that just because the law hasn't quite caught up with the research doesn't mean that talking or texting on a phone is any safer or better than driving drunk.

Traffic crashes are the No. 1 killer of teens in Georgia, claiming some 175 young lives in this state annually and injuring countless other young motorists.

Largely, these incidents are preventable. To learn more about initiating a Distracted Driving Family Contract with your teen, visit the the NSC's website here.

Call the Law Offices of Gary Martin Hays & Associates, P.C. at 1-800-898-HAYS to schedule a free consultation. 

If you are among the 10 to 15 percent of people who suffer from chronic insomnia, sleeping pills may seem like the answer to your prayers. Unfortunately, these medications may significantly increase the risk of becoming involved in a motor vehicle collision. In fact, one recent study showed that a person who filled a prescription for a sleep aid at a pharmacy had double the risk of a traffic collision within the first week. 

The risk of a collision caused by sleeping pill use is not uniform among all drivers. People who are on multiple different types of medications and people who are over the age of 80 may be in the greatest danger of being involved in a collision. Innocent victims could also be harmed by an accident that is caused by a motorist impaired by sleeping pills. Those harmed in an accident should contact accident attorneys in Atlanta for information about their right to pursue a claim for damages.

Are Sleeping Pills Putting Your Life At Risk?

Sleeping pill use has increased dramatically. A decade ago, around two percent of the U.S. population took a prescription sleeping pill. Now, 3.5 percent of the population is on some type of sleep aid. This amounts to about six million people who use "z-drugs" including zopliclone, zolpidem, nitrazepam and flunitrazepam.

Sleeping pill use is especially common among people who have other physical or mental problems in addition to insomnia. For example, anxiety, depression, bipolar disorder and other types of mental illnesses can also affect sleep patterns and can thus necessitate a prescription for a medical solution.  Physical ailments such as arthritis can also result in sleep trouble, especially for seniors. This helps to explain why around five percent of people over the age of 80 are on sleeping pills. Seniors have actually become the heaviest users of sleep medication.

This is bad news for road safety for many reasons. First, people who suffer from insomnia along with other physical problems are more likely to be on multiple sedating medications. Second, people over the age of 80 are already at greater risk of motor vehicle collisions due to age-related declines in vision and in cognitive function. The use of sleeping pills exacerbates these problems and makes elderly motorists even less safe at a time when 500 seniors per day are already injured in collisions.

The number of people on multiple sedating medications is very high. One recent study showed that 55 percent of people taking sleeping pills were also on other drugs that had a sedating effect, including opioid pain killers or Xanax, Ativan and other benzodiazepines.  As many as 10 percent of people were taking three or more sedating drugs.

Drivers need to ensure that they do not put themselves at risk of accidents with the drugs that they are taking. Roadwise RX can be used to enter your medications and obtain confidential information about how the drugs you take will impact your ability to safely drive.

Accident attorneys in Atlanta can help after a car accident. Call Gary Martin Hays at 1-800-898-HAYS to schedule a free consultation.