Joseph D. Weathers, PCFindLaw IM Template2025-03-31T13:17:11Zhttps://www.weatherslawga.com/feed/atom/WordPress/wp-content/uploads/sites/1403636/2022/11/cropped-joseph-d-weathers-site-icon-scales-32x32.jpgOn Behalf of Joseph D. Weathers, PC<![CDATA[Do drivers need to submit to field sobriety testing?]]>https://www.weatherslawga.com/?p=477752025-01-09T15:45:12Z2025-01-09T15:45:12Zfield sobriety testing, drivers perform physical tasks to establish the likelihood of their chemical intoxication.
Drivers often feel very anxious about needing to perform field sobriety tests in public locations. They may also worry that poor performance on the test could result in an officer arresting them. While many drivers assume that they have to submit to field sobriety testing, that isn't necessarily true.
Drivers can be cooperative without implicating themselves
Those stopped by police officers or answering questions after a crash need to know their rights to avoid an unfair outcome. As a general rule, it is typically advisable to cooperate with law enforcement professionals during a traffic stop or other encounter in public. However, people can be polite and respectful without giving up their personal rights. Drivers do not have to submit to every demand made by officers to protect themselves from arrest.
Those stopped by police officers do not have to answer invasive questions about their prior activities. They also do not have to submit to field sobriety tests. They can politely decline attempts by an officer to gather incriminating evidence.
Drivers generally need to provide identification and proof that they can legally drive, including driver's licenses, insurance documents and registration paperwork. Officers cannot compel them to answer questions about their behavior or force them to perform field sobriety tests. There are rules requiring chemical testing after an arrest. In many cases, officers often need the information secured from field sobriety testing to justify arresting a motorist.
People who understand their rights and assert themselves during traffic stops have less reason to worry about inappropriate drunk driving charges. Declining field sobriety testing is perfectly reasonable and lawful. Drivers who refuse to perform tests may set themselves up for success if/when they fight any allegations they may face later.]]>On Behalf of Joseph D. Weathers, PC<![CDATA[Workers’ comp benefits for harm caused by violence]]>https://www.weatherslawga.com/?p=477732025-01-09T13:00:50Z2025-01-09T13:00:50ZWorkplace violence is an unfortunate reality in some industries. Thankfully, when employees are harmed due to violent acts, they may be eligible for workers’ compensation benefits in Georgia. Whether the harm at issue is physical or psychological, workers’ compensation provides a pathway to recover lost wages, medical expenses and other narrowly-tailored related costs. To qualify for workers’ compensation benefits, the harm caused by violence must be related to the course of the injury victim’s employment. This generally means the incident must happen:
While performing job duties
On the employer’s premises or during work-related activities, such as business travel or events
For example, workers may be eligible for benefits if violence arises from:
Customer, client or patient interactions
Co-worker conflicts
Employer negligence, as a failure to provide a safe work environment may result in injuries from preventable violent incidents
Generally speaking, if harm occurs as a result of violence, and that violence is related to an employee’s work-related circumstances, the victim of that violence is likely eligible for workers’ compensation benefits in Georgia.
Exclusions from coverage
With all of that said, workers’ compensation typically excludes injuries resulting from personal disputes unrelated to employment. For example, if a personal conflict outside of work spills over into the workplace, benefits may not apply unless it can be demonstrated that the employer’s environment contributed to the incident at issue. Additionally, those responsible for workplace violence are generally not eligible for workers’ comp benefits if they get hurt as the violence that they instigated plays out. Ultimately, f you’ve been harmed by workplace violence, it’s generally wise to seek personalized legal guidance regarding your eligibility for benefits. Workplace violence is serious, and you don’t have to navigate the aftermath alone.]]>On Behalf of Joseph D. Weathers, PC<![CDATA[Why does it help to become a defensive driver?]]>https://www.weatherslawga.com/?p=477712024-12-26T01:48:53Z2024-12-26T01:48:53ZTechnically speaking, you can be a safe driver simply by following traffic laws. You should adhere to the posted speed limit, only proceed through an intersection when the light is green, properly yield the right of way at a four-way stop and follow similar rules. You should also pay attention to safety practices, such as avoiding tailgating, maintaining a proper following distance and refraining from distractions like texting while driving.
Being a defensive driver, on the other hand, goes beyond this. You have to stay alert and focused at all times, watching the traffic around you. You’re not just thinking about following the law yourself—you’re anticipating that other drivers might make mistakes. By doing this, you put yourself in a position to avoid those mistakes and the accidents they may cause.
Human error
Becoming a defensive driver is crucial because most car accidents are caused by human error. Even if you follow all traffic laws, you have to recognize that the drivers around you may not. They will make critical mistakes, and some may even intentionally break the law by speeding, driving aggressively or driving under the influence.In this sense, you’re not legally required to be a defensive driver. However, understanding that strictly following the laws isn’t always enough shows why it’s valuable to do things like increasing your following distance or pulling over to let a tailgater pass. Defensive driving helps you avoid the dangerous situations created by other drivers’ human errors.Unfortunately, there’s no guarantee you won’t be injured in an accident caused by another driver. If defensive driving isn’t enough and you suffer injuries, take the time to explore your legal options to seek financial compensation for medical bills, lost wages and more.
]]>On Behalf of Joseph D. Weathers, PC<![CDATA[Senior falls and traumatic brain injuries: What you should know]]>https://www.weatherslawga.com/?p=477692024-12-09T04:41:03Z2024-12-09T04:41:03ZAs people get older, they often develop mobility and balance issues. Combined with poorer eyesight, medications that may affect their alertness and more, they’re more likely to fall than they were when they were young. These falls are also more likely to result in serious injuries like fractures. Bones are more easily breakable because they lose density and become frailer with age.
One of the most serious types of injuries that can occur in a fall is a traumatic brain injury (TBI). In fact, over 80% of people over 65 who fall suffer a TBI. These can be fatal – particularly if someone falls backward and their head strikes a hard surface like a sidewalk or even a floor or wall.
Why TBIs can be especially serious for seniors
One reason that TBIs can be more serious in older people than younger ones is that the human brain physically shrinks as we age. That means there is more space between the brain and skull that protects it. In a fall where the head strikes something, the brain has more room to move. This can lead to a subdural hematoma (bleeding in the brain) and other serious damage. That bleeding can be exacerbated by blood thinners and anti-inflammatory medications that many seniors take regularly.
Property owners have a responsibility to maintain a safe environment
This time of year is particularly dangerous for seniors in parts of the country that get considerable ice and snow. While those elements of winter aren’t as prevalent here in Georgia, there are plenty of other dangers that property owners may fail to mitigate that can lead to falls.These can include unrepaired cracks and holes in walkways, parking lots and other exterior surfaces. Poor lighting (or burned-out lights) can also make areas unnecessarily dangerous. So can loose railings and carpets.If you or a loved one has suffered injuries in a fall that you believe could and should have been prevented if the property owner hadn’t been negligent about maintaining a safe environment, you may be able to seek compensation. Don’t let anyone tell you that a younger, fitter person wouldn’t have fallen. The property owner was either negligent or they weren’t. It’s smart to get legal guidance before agreeing to any kind of settlement.]]>On Behalf of Joseph D. Weathers, PC<![CDATA[Should you allow your employer to pay for your work injuries?]]>https://www.weatherslawga.com/?p=477632024-11-20T02:07:40Z2024-11-20T02:06:59ZAre you comforted in knowing workers’ compensation is there to serve as a vital safety net if you suffer an occupational injury? The Georgia workers' compensation system exists to benefit employees and employers, providing a legal framework to address occupational injuries.However, some employers try to sidestep the legal process by proposing to pay the injured employee's medical bills directly. What should workers consider in such situations?
Make sure you understand the possible risks
An employer's offer to cover medical expenses might seem like a straightforward or even thoughtful solution. Unfortunately, accepting the offer could interfere with your rights and may be unlawful. Here are some of the potential risks your acceptance could introduce:
Limited benefits: Direct payments may only cover your immediate injury costs, leaving wage replacement, rehabilitation or the possible need for long-term care unaddressed.
No legal protection: Absent a formal workers' compensation claim, you will not have the robust legal protections you would gain by filing an official claim.
Future disputes: Accepting payment directly from your employer may limit your options for legal recourse if complications or disputes arise later.
Non-payment: If your employer fails to follow through on their vows to take care of your injury expenses, it could leave you to cover the costs out-of-pocket.
If your employer offers to pay you directly for your injury expenses, politely inform them that you prefer to use the provided legal system. If they demand you accept the offer or try to block your claim, it may be wisest to seek legal guidance to help ensure your rights remain secure.]]>On Behalf of Joseph D. Weathers, PC<![CDATA[What causes drowsy driving? ]]>https://www.weatherslawga.com/?p=477582024-11-12T16:40:18Z2024-11-12T16:40:18ZDrowsy driving often goes under the radar, but it is a significant issue in the U.S. In fact, studies indicate that drowsiness contributes to around 20% of all fatal road traffic collisions. What are the main causes of drowsy driving?
Sleep deprivation
Sleep deprivation is one of the leading causes of drowsy driving. People often drive out of necessity and they may not be rested well enough before setting off. Those who commute in the car each day need to ensure that they have slept enough the night before.
Long working hours
A person may enter work feeling full of energy. After a long working day, it is rare for people to feel like this. Long shifts cause tiredness, and the journey home can become a drowsy one. Long working hours are particularly relevant to those who drive professionally. For example, truck drivers are restricted in terms of how long they can drive for in one go. These working restrictions are in place to prevent accidents caused by drowsiness.
Other factors
There are several other factors that can cause drowsiness. These include:
Stress
The darker days and nights in winter
Medications. Drivers should be careful to read the side effects of mediation and consult with a doctor if these are unclear.
While drowsiness isn’t usually deliberate, it can still be negligent. A drowsy driver is much more likely to make errors that put other road users in danger. If you have been injured and believe that another driver was negligent, personal injury compensation may be available. Seek legal guidance to find out more about this. ]]>On Behalf of Joseph D. Weathers, PC<![CDATA[Can my employer fire me for filing a workers’ comp claim?]]>https://www.weatherslawga.com/?p=477562024-11-11T21:46:45Z2024-11-11T21:46:45ZEmployer retaliation is against the law
Technically, it is illegal for a business to retaliate against workers for engaging in certain protected workplace activities. Reporting an injury, requesting accommodations and filing a workers' compensation claim are all protected activities.
Workers should not lose their jobs for trying to stay safe or seeking benefits after acquiring an injury or illness because of their employment. That being said, companies don't always follow the law. Some businesses find ways to terminate workers during or after a workers' compensation claim.
For example, the company may fail to provide medical accommodation and may then terminate the worker by claiming they no longer meet performance metrics. The employer might also try to justify terminating a worker because they have missed too many days of work because of their medical condition. Such terminations could be inappropriate and might lead to wrongful termination lawsuits.
Workers with help are less vulnerable
Employees who know and actively assert their rights may be less at risk of inappropriate employer conduct than those who are unsure of their workplace rights. Having assistance throughout the workers' compensation claims process can be beneficial for those worried about job loss or an employer contesting their benefits claim.
Businesses may be more cautious about how they respond to a claim from a worker who has legal representation. Those who have the insight and advocacy provided by a lawyer may have an easier time obtaining benefits and responding appropriately when an employer violates their rights during the claims process.
Understanding the rules that apply to a workers' compensation claim can help people feel more confident about requesting benefits. Workers shouldn't have to worry about losing their employment to obtain the coverage that their employers have a legal obligation to provide.]]>On Behalf of Joseph D. Weathers, PC<![CDATA[Can taking prescription medication lead to DUI charges?]]>https://www.weatherslawga.com/?p=477542024-11-07T12:22:09Z2024-11-07T12:22:09ZMany drugs can affect driving ability
Some prescription drugs are obviously dangerous for people to use before driving. For example, there is a known association between the use of opioid pain relievers and diminished driving ability. Also, most people can readily acknowledge that driving after taking prescription sleep aids could lead to a very tragic outcome.
There are also a number of other types of medications that can affect driving ability. Benzodiazepines, a popular type of psychiatric medication, have a strong association with increased crash risk. So do certain anti-seizure medications. Muscle relaxants and even steroids can be dangerous for people to take before driving. Drugs used to treat the symptoms of colds and allergies can also be problematic for some motorists.
Drivers sometimes assume that if they have developed a tolerance or can demonstrate an ability to drive while using the medication, they don't have to worry about criminal prosecution. Unfortunately, the law does not take a very nuanced approach to drug-related DUI offenses. Instead, the only factor that usually matters is whether someone had a substance believed to affect driving capability in their bloodstream at the time of a crash or a traffic stop.
Individuals facing drug-related DUI charges may need help responding to the allegations they face. The right criminal defense strategy can help people diminish the consequences the courts impose or allow them to successfully defend against the state's allegations altogether.]]>On Behalf of Joseph D. Weathers, PC<![CDATA[Don’t drive drunk on “Blackout Wednesday” ]]>https://www.weatherslawga.com/?p=477522024-10-29T17:50:04Z2024-10-29T17:50:04ZThe holiday season is fast approaching, which means it will soon be time to celebrate with family and friends. This is also a period when drunk driving becomes more problematic across the country. With more people on the roadways, accidents are bound to happen.
According to the National Highway Traffic Safety Administration (NHTSA), there has been an increase in pre-Thanksgiving drinking in recent years. The day before Thanksgiving is now one of the deadliest days on the roadways. As a result, the day before Thanksgiving is commonly referred to as “Blackout Wednesday.”
“Blackout Wednesday” statistics
Approximately 37 individuals in the United States perish in alcohol-related vehicular accidents daily, according to the NHTSA. This equates to one fatality every 39 minutes. The likelihood of encountering intoxicated drivers on Blackout Wednesday and throughout Thanksgiving weekend is 55% higher than the norm.This increase in drunk driving is partially attributed to college students who are celebrating after finals week before they return home for their fall break. Additionally, people who find the holiday stressful may stop off for a few drinks before heading out of town. They may only feel a little buzzed so they think they’re able to drive, forgetting that even a minimal amount of alcohol can quickly impact an individual. Their BAC may be below the legal limit, but that doesn’t mean it’s safe to drive.
Staying safe on Thanksgiving weekend
Making good choices before you imbibe can keep you safe. If you are meeting friends at the bar, having a designated driver is a good idea. You might also nix the driving and hire a rideshare to transport you to and from the bar. If, despite your best intentions, you end up getting a DUI, it is wise to seek assistance immediately. You will need help facing the charges from someone who understands the laws.]]>On Behalf of Joseph D. Weathers, PC<![CDATA[Do the police always need a warrant to search your house?]]>https://www.weatherslawga.com/?p=477472024-10-16T15:13:31Z2024-10-16T15:13:31ZThe Constitution gives people certain protections One of those is protection against unreasonable searches and seizures.As part of that, the police cannot just come in and search your home whenever they feel like it. Generally speaking, officers need a warrant to go into a person’s house or apartment to search for evidence and take away any evidence they find.Sometimes, however, the police can enter to carry out their search without having a warrant. Here are three of those occasions?
1. If you tell them they can
It is easy to get confused and make errors if you are startled by the police knocking at your door. One error a lot of people make is agreeing to an officer’s request to enter their property. Often, the officers phrase the request so innocently that people don’t fully recognize what they are agreeing to and the consequences that could follow.
2. If they can see evidence in plain view
Let’s say you open the door to an officer. If they see something sitting on your kitchen table they consider evidence, they may just enter and grab it as the law permits them to enter if there is evidence in plain view. Once they are in, they may well be justified in searching further.
3. If there are exigent circumstances
If a police officer at your door hears someone from the inside shout, “Quick, flush the drugs down the toilet” they can enter. They have the right to enter if they believe evidence is about to be destroyed. The same applies if they have reason to believe someone is about to get hurt if they don’t enter immediately.You might not always agree with the police officer’s interpretation of the situation. If they intend to enter, don’t try to block them. Do seek urgent legal guidance to protect your rights.]]>