Tag Archives: Atlanta traffic attorney

What is Uninsured Motorist Insurance and Why Do you Need It?

A recent local traffic law case brings to light the importance of understanding uninsured motorist insurance:

A man whose car was rear-ended in DeKalb County in 2009 recently lost his claim against his uninsured motorist carrier when the Supreme Court of Georgia determined he did not adequately prove he was eligible for coverage.

The high court unanimously reversed a narrowly divided Court of Appeals opinion on the question. The justices found that the burden of proof rested with the injured driver, rather than his uninsured motorist carrier, to show whether the at-fault driver in the wreck was technically uninsured.

What is uninsured motorist insurance and why do you need it?

Let’s say, for instance, that you are involved in an auto accident and you suffer a serious injury by vehicle. You receive a broken leg, and with surgery and recovery, your medical bills are in excess of $50, 000. On top of that, you have lost wages and of course the pain and suffering that comes with the injury.

The driver who caused the accident has the minimum liability coverage in Georgia: $25,000. Obviously, that would not cover your damages. That’s where uninsured motorist insurance comes into play.

If you have uninsured motorist coverage on your auto insurance policy, and you can prove the driver at fault was either uninsured or underinsured, you can file for payment of the difference with your insurance company.

So, if your claim is for $100,000, and you have uninsured coverage of $100,000, you could apply the $25,000 from the other party’s insurance and claim the remaining $75,000 on your policy.

Uninsured motorist coverage is relatively inexpensive. Check your auto insurance policy today and make sure you have an amount you are comfortable with. Then, in the event of an accident, contact an experienced traffic attorney to help you takes the correct steps toward the best possible outcome.

What is the Definition of a Serious Injury?

If you are involved in an accident and charged with either Driving Under the Influence (DUI) or Reckless Driving, and because of that driving, you cause another person to suffer serious injury, you could be charged with a felony, punishable with imprisonment anywhere from 3 to 15 years.

Serious injury by vehicle is one of two types of DUI cases which can be a felony case, with the other being vehicular homicide.

What is the definition of a “serious injury?”  A serious injury is “when another is deprived of a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless.”

Here are some examples of Serious Injury by Vehicle from actual Georgia auto accident cases:

  1. Broken bone(s), even a little toe!
  2. Stitches
  3. Losing vision in an eye
  4. Losing hearing
  5. Contusion of the brain
  6. Leg injury which resulted in temporary use
  7. Facial lacerations
  8. Disfigurement from surgery

Anytime you are involved in an accident involving another person, and you are charged with DUI or reckless driving, it is IMPORTANT that you hire an experienced traffic lawyer immediately.  There are many things which must be done soon after the accident, like notifying your insurance company, finding out the extent of any possible injuries to the other party, and obtaining copies of the police accident and incident reports. In addition, many times I will go ahead and hire an accident reconstructionist so that he can evaluate the accident site and evidence immediately.

A felony conviction can be devastating. The likelihood of not only prison time but also the disabilities that go along with such a conviction call for an aggressive, well-planned defense.

If you find yourself facing such a situation, please call me, Mickey G. Roberts, PC, immediately!

Announcing MickeyRoberts.com: A New Resource for Georgia Drivers

Throughout my legal career of 35 years, I have developed an interest in anything and everything involving traffic law issues.  I try to go beyond simply being my clients’ attorney, and try to serve as a source of information to help all Georgia drivers understand their rights when it comes to traffic law. To that end, I’m excited to announce the launch of my latest project: my website, www.MickeyRoberts.com (this new website will be a supplement to my current website, MrGADUI.com, rather than a replacement for it).

Mickey Roberts PC

Why create a new website?
I’m very proud of the valuable resource that MrGADUI.com has become for those who are seeking information about DUI laws in Atlanta. However, I have noticed a need for more detailed and focused information about the other areas of traffic law in which I practice. As a highly experienced traffic attorney, I defend the rights of drivers facing any number of traffic citations and charges. While my new website will still be informative about DUI, it will shed more light on drivers’ rights in regards to other traffic offenses, such as:

  • Serious Injury and Vehicular Homicide – In the case of a fatal car accident, the driver who caused the accident is typically charged with vehicular homicide. However, the charge can be a misdemeanor or a felony depending on which alleged traffic offense led to the accident. If the collision does not result in a death but does result in significant injury, the driver at fault for the accident may be charged with serious injury by vehicle. My new website gives more details about the circumstances that can lead to these charges.
  • License Suspensions – The state of Georgia can suspend a driver’s license for many reasons, from committing one serious traffic offense, to violating many minor traffic laws, to offenses not even related to driving, such as failure to pay child support. MickeyRoberts.com can help you find out whether your driver’s license is at risk.
  • Drug-Related Charges – Many of my clients were involved in a simple traffic stop, were too intimidated to refuse a vehicle search, and found themselves facing drug charges. Especially due to the heavy consequences that can accompany drug-related convictions, it’s important to know your 4th amendment rights against illegal searches before you find yourself in a similar situation.
  • Automobile Accidents – Although car accidents can happen in just seconds, they can have lifelong consequences for both parties. Whether you were cited for causing the accident or have sustained injuries or damages in a collision that was caused by someone else, I can help to defend your rights.
  • Drivers Under the Age of 21 – There are many areas in which the law is different for young drivers, such as driver’s license restrictions, blood alcohol content limits in terms of DUI, and potential consequences for a number of traffic convictions. Only an attorney who is highly experienced in defending young drivers, such as myself, should handle these cases.

Visit www.MickeyRoberts.com for more information about these and many other traffic law-related topics or to sign up for my email newsletter, and join in the conversation about the latest law changes and case studies on my Facebook, Twitter, and Google+ pages. I have been passionate about defending drivers’ rights for the past 35 years, and I look forward to continuing to serve the Atlanta metropolitan area for many years to come.

MRGADUI Receives Praise from Gwinnett DUI Client

Mr. Roberts, I really appreciate all your time and effort. Your insight and experience with DUI law helped secure a favorable plea, and in turn helped me to make, what I feel was, the best decision given the circumstances surrounding my case.  I can’t thank you enough for that. I mean it in the best way possible when I say… I hope I never have a need to see you again… If any questions come up I will be sure to ask. Thank you, J

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Disclaimer

The above information is intended to help educate members of the Georgia motoring public as to their rights under the law and to assist presumptively innocent citizens in properly asserting those rights. Information within this site should not be misconstrued as legal advice.
Atlanta traffic attorney