Kenney & Medina, P.C.Kenney & Medina, P.C.2026-05-28T15:53:33Zhttps://www.ksmatlantalawyer.com/feed/atom/WordPress/wp-content/uploads/sites/1404914/2020/01/cropped-Fav-icon-min-32x32.jpgOn Behalf of Kenney & Medina, P.C.<![CDATA[Who might share fault in a truck accident?]]>https://www.ksmatlantalawyer.com/?p=499772026-05-28T15:53:33Z2026-05-28T15:53:33ZWhy might trucking companies share responsibility?
Truck accidents may involve more people and business operations than a regular car crash. Several companies and workers may influence how a truck operates before it even reaches the highway.
Some trucking companies may pressure their drivers to meet unrealistic deadlines. That pressure could lead the drivers to skip breaks or spend too many hours on the road.
Other companies may also fail to train drivers properly or review their driving history carefully. Weak supervision or poor safety practices could raise the risk of serious crashes.
Cargo loading issues might also contribute to crashes. These could include:
Poor cargo securement
Uneven weight distribution
Overloaded trailers
Ignored loading safety checks
These issues could make the truck harder to control or place extra stress on tires and braking systems.
How could maintenance problems or defective parts affect crashes?
Large trucks usually depend on regular inspections and repairs. Maintenance teams may overlook worn brakes, damaged tires or steering problems. Small mechanical issues could grow into major failures at highway speeds.
Manufacturers may also share responsibility when defective parts fail unexpectedly. Tire defects or faulty brake components may sometimes contribute to serious accidents.
A thorough investigation is essential
Truck accident investigations typically involve several companies, records and insurance carriers. Investigators may review driver logs, maintenance records, inspection reports and electronic data from the truck. If you become involved in a truck accident, understanding your legal options may help you make informed decisions as the case develops. Looking at the full chain of events may provide a clearer understanding of how the accident happened and which parties might share legal responsibility.]]>On Behalf of Kenney & Medina, P.C.<![CDATA[Georgia TOD deed: What recipients should know]]>https://www.ksmatlantalawyer.com/?p=499682026-05-27T13:46:27Z2026-05-21T16:36:30ZA person who’s creating their estate plan has to determine the best ways they can pass their property down to their beneficiaries. If one of those assets is real property, they may opt to use a transfer on death (TOD) deed. A TOD deed allows the property owner to name the beneficiary who will receive the real property after the owner passes away. This is a way that the ordinary probate process can be avoided, but it’s one that only applies to deaths that occurred on or after July 1, 2024. Any TOD deeds must meet specific legal requirements, so the beneficiaries should understand those.
What is Georgia’s 9-month rule?
One of the most important things for beneficiaries to remember is that TOD deeds are subject to the 9-month rule. This means that you must file an affidavit with the Superior Court in the country of record within 9 months after the decedent’s death so you can transfer the property into your name. Failing to do this means that the property would become part of the decedent’s estate and trigger the probate process, which would delay you being able to receive the property the decedent intended you to have.
Do TOD deeds erase obligations?
TOD deeds don’t automatically erase obligations that are attached to the property. Creditor claims, tax liens, mortgages, title defects and unpaid assessments are all still valid. Those would still need to be taken care of, even though you receive the property via the TOD deed. Anyone who inherits a property via a TOD deed should review the documents associated with the property. If more than one person is named on the TOD deed, determining how expenses related to the property will be handled is critical. A TOD deed is a valuable addition to a comprehensive estate plan, but it’s not the only consideration that you have to handle when you’re handling a loved one’s estate. Working with someone familiar with these matters may be beneficial because some estate plans can be complex to work through during the probate process. ]]>On Behalf of Kenney & Medina, P.C.<![CDATA[Partial fault may affect Georgia car crash claims]]>https://www.ksmatlantalawyer.com/?p=499622026-05-08T14:56:53Z2026-04-30T01:05:24Zmodified comparative negligence rule applies. Cases involving comparative negligence claims are often especially complex and typically require the assistance of a lawyer who has experience handling personal injury litigation.
What is modified comparative negligence?
Comparative negligence claims are requests that the courts determine how much fault each party involved in a crash had for the incident. If a driver injured in a rear-end crash had burned-out brake lights, the courts may agree that the distracted driver who hit them was only partially at fault because they could not see any brake lights as they approached the vehicle.
They may then determine that the driver in the front vehicle carried a certain percentage of fault. If the courts determined that the front driver was 15% at fault for the crash, they still have the right to take legal action. A 50% allocation of fault is the statutory limit for a lawsuit. Anyone who is 50% or more at fault for a car crash in Georgia cannot seek compensation from the other party involved in the incident.
If the portion of fault allocated to the plaintiff is less than 50%, they can proceed with their compensation claim. However, the courts adjust any damages awarded to them based on their percentage of fault for the incident. In the above-mentioned scenario where the plaintiff carries 15% of fault for the crash, they would receive 85% of the damages awarded by the courts instead of the full amount.
Those facing claims of partial responsibility may need help assessing collision circumstances and validating that they were not to blame for the crash that occurred. They may need help countering allegations of comparative negligence to ensure they receive appropriate compensation. Working with a personal injury attorney can help those facing claims of comparative negligence after a car crash prove that another party was at fault and optimize the compensation they receive at the end of the lawsuit.]]>On Behalf of Kenney & Medina, P.C.<![CDATA[Could you be held responsible if someone falls on your sidewalk?]]>https://www.ksmatlantalawyer.com/?p=499432026-03-19T08:38:50Z2026-03-19T08:38:50ZSlips and falls on sidewalks happen more often than you might think. When someone trips outside your home or business, questions about responsibility quickly arise.
In Georgia, liability depends on who owns the sidewalk, what caused the fall and whether the hazard could have been noticed and addressed. Seeing how these factors interact can help you understand where risk may lie and how legal guidance may support you.
Who is in charge
Sidewalks can be public or private, and responsibility changes depending on ownership. Cities or counties may handle repairs for public sidewalks. However, both generally face liability only if they had notice of a dangerous condition and failed to fix it in time. On private property, homeowners and businesses may need to maintain walkways leading to entrances. In some areas, local rules can assign maintenance duties to property owners even when the sidewalk borders a public street. Knowing who is responsible helps identify potential hazards and legal exposure.
Spotting the risks
Falls often come from hazards that could have been noticed or prevented. Common dangers include:
Cracks or uneven surfaces creating tripping points
Ice or snow left untreated for hours or days
Debris like tree branches or loose gravel
Poor lighting that makes obstacles harder to see
Water pooling from blocked drains or gutters
Failing to fix a known hazard may make you responsible for injuries. However, documenting and addressing them can show that you acted reasonably. Consulting an attorney may also help clarify liability and protect your rights. Awareness and action together reduce the chance of injury and disputes.
Reducing your exposure
Liability depends on negligence. Georgia law also considers whether the injured person shares some blame for the fall. If their fault exceeds 50%, they cannot recover any compensation. If it is less than 50%, the court may reduce their recovery by their share of the fault.Insurance may cover certain incidents, but regular maintenance and careful records make claims clearer and protect against financial exposure. Paying attention to risks connects ownership, hazards and legal responsibility into one clear picture.
Preventing surprises
Slip-and-fall accidents can happen even in familiar places. Sidewalks change with weather, wear and daily use, creating hazards that may not be obvious at first glance. Observing how these conditions shift over time can show where risks may appear and how court may assign responsibility in different situations.]]>On Behalf of Kenney & Medina, P.C.<![CDATA[Why do people seldom help when someone falls in a public space?]]>https://www.ksmatlantalawyer.com/?p=499062026-01-26T07:14:13Z2026-01-26T07:13:31ZWhat is the bystander effect?
The bystander effect describes a situation where someone becomes less likely to help as the number of witnesses increases. The presence of a crowd dilutes responsibility and generates confusion. This often occurs because people look to one another for social cues. Upon seeing that the consensus is to remain still and silent, bystanders will be more likely to follow the social pattern and opt not to intervene.
Why does the bystander effect stop people from offering their help?
Typically, the more there are in the scene of an accident, the less likely each person is to take action. There are other explanations for their inaction, however. Bystanders may choose not to intervene because:
They worry they might be overreacting and will embarrass themselves if they help
They misread the situation and assume the person is safe
They believe that others will step in and take action
Some might also refuse to step in because they fear they might make the problem worse. However, this is not true.
Georgia has a Good Samaritan law that protects people from being sued if they try to help someone in an emergency, but make things worse, so long as they are not deliberately attempting to harm someone. While this encourages some to lend aid to those who fall, it does not change the fact that many may be subject to the bystander effect.
What should you do if someone falls?
Simply knowing about the bystander effect is one of the first steps towards breaking it. If you recognize that nobody lends a helping hand to people who lose their balance and fall, you can step forward and take action. You can accomplish this by picking individuals out from the crowd to perform direct tasks, asking questions to the person who fell directly and ushering the crowd to create some space.
If the fall looks severe, you can ask if they are okay and determine if you need to call 911. Typically, signs of an emergency include head impact, confusion, bleeding, broken bones or being unable to stand up. If you have to call 911, you can stay nearby and provide information to first responders.
By being aware of some of the potential factors behind the bystander effect, you can take matters into your own hands and offer your help, potentially saving someone’s life.]]>On Behalf of Kenney & Medina, P.C.<![CDATA[Drivers beware: Top 7 errors victims make after an accident]]>https://www.ksmatlantalawyer.com/?p=498402025-11-11T15:02:46Z2025-11-11T15:02:46ZCommon mistakes to avoid
Even the smallest errors can affect your personal injury claim. Being aware of common mistakes helps you avoid complications after a crash:
Settling too quickly with an insurance company
Insurers may offer a quick payout that seems fair but often does not cover medical bills, lost wages or long-term damage. Let the adjusters know you will need time for doctors to assess your injuries before speaking with them.
Failing to call the police
Without an official record, it becomes harder to prove what happened. Calling the police promptly ensures that all parties follow the correct procedures.
Not seeking medical attention
Some injuries appear days or weeks later. Prompt evaluation creates an official record with medical reports specifying symptoms that may appear later.
Posting on social media
Even casual comments or photos can be misinterpreted and used against you by insurers or opposing parties. Victims should focus on getting better and forego posting online.
Ignoring witness information
Names and contact information from bystanders can verify your account and strengthen your case. Make sure you get their details and let them know you will contact them if necessary.
Failing to preserve evidence
Well-documented evidence can clarify fault and support claims. Make copies of your dashcam footage if you have one and request any available CCTV recordings from nearby businesses or traffic cameras.
Skipping legal guidance
A Georgia attorney can explain your rights, handle communications with insurance companies and help you avoid costly mistakes that could reduce compensation.
Why careful action matters
Taking the right steps after an accident gives you a fair chance for a smooth recovery and fair compensation. By avoiding these mistakes, you reduce unnecessary stress and protect your rights while navigating the aftermath of a collision.]]>On Behalf of Kenney & Medina, P.C.<![CDATA[Vote No on SB 68]]>https://www.ksmatlantalawyer.com/?p=492342025-02-21T07:18:29Z2025-02-21T07:13:46ZGA My Voter Page
https://www.legis.ga.gov/find-my-legislator
This website also explains this effort to take away your constitutionally guaranteed rights for the monetary benefit of insurance companies.
Take Action — Georgia Rights Alliance
The measures proposed do not address and will not lower insurance premiums or curb “frivolous lawsuits”; they will only further increase the record-breaking profits of insurance companies at the expense of innocent Georgians, making it increasingly more difficult for injured Georgians to obtain justice. The legal and Constitutional rights of every citizen in this state should not be limited or infringed upon and wrongdoers not held responsible and accountable for their actions just so insurance companies can add more money to their record-breaking profits (which increased 90 BILLION dollars in 2023 and 120 BILLION dollars in 2024.)
SB 68 is a far-reaching bill that tramples the rights of everyday Georgians and makes it incredibly difficult for them to get access to justice when they are harmed by the wrongdoing of others.
Call or email your state Senator and Representative and please remind them nothing in the Bill requires one dime of insurance premium reduction. It does not freeze rates or address insurance rates at all! This is what it does…it increases insurance companies’ profits by making it harder for you to use your coverage when you need it most. It allows insurance companies to deny and delay payment of your claims. It also provides immunity to dangerous companies for their negligence. Responsibility and accountability are good ideas which hard working Georgians believe in every day as they get up and go to work or care for family members. SB 68 makes it harder to hold wrongdoers who hurt people responsible AND accountable for the harm they cause. This shifts the burden of caring for the harm to us – the taxpayers and away from the wrongdoers. This bill eliminates responsibility and accountability. And it spreads the harm or at least the payment for the hard caused by wrongdoers to the rest of us in some type of “socialized justice” system.
Nothing in the bill requires insurance companies to lower insurance rates nor does it freeze rates or reduce future rate increases. The bill contains nothing to address insurance rates. In fact, Florida passed a similar bill and insurance rates went up 30%! Georgia does not need this bill. Georgia has been listed for 11 years in a row as a “Top State for Business” by Area Development, a leading publication on corporate site selection and relocation of businesses. Despite this top ranking for Business, the insurance industry has lobbied the US Chamber to push tort reform by calling Georgia, without basis in fact, a judicial hellhole. A state cannot be a judicial hellhole and a Top State for Business at the same time.
Please read additional posts on this topic which we will send out over the next few days. But call and email your Senator and Representative now and tell them to vote NO on Senate Bill 68]]>On Behalf of Kenney & Medina, P.C.<![CDATA[When is a business potentially responsible for criminal activity?]]>https://www.ksmatlantalawyer.com/?p=491012024-10-03T16:40:12Z2024-10-03T16:40:12ZWhen the criminal is the employee
Sometimes, companies do a poor job of choosing who to hire and supervising worker behavior. They may then be liable for the harm their workers cause to others. Employees can sometimes become aggressive toward members of the public. They could assault customers during an argument.
Vicarious liability rules generally make employers responsible for the damages caused by their employees while they are on the clock. Provided that someone visiting a business can prove that they suffered financial losses because of an employee's criminal conduct, they may be able to hold the company accountable for those losses.
When negligent security was a factor
It is impossible to predict every type of crime that might occur at or near a business. However, there are some types of criminal activity that have a clear association with certain types of businesses.
Bars may need to watch out for signs of one patron drugging the drink of another. Apartment complexes may need to secure their facilities so that opportunistic thieves can't easily access the building.
Proper lighting in parking lots, the presence of security professionals and even security cameras can serve as deterrents to criminal activity. They can also help identify criminals and prosecute cases after a crime occurs. If a business fails to take basic steps that reasonable people recognize could help prevent predictable criminal activity, then the business may be liable for crimes that occur on its premises.
Discussing a criminal incident at a business with a skilled legal team can help the party affected determine if they can hold the business accountable under premises liability rules. A premises liability claim could result in compensation for those who suffer physical injuries and property damage losses due to criminal activity.]]>On Behalf of Kenney & Medina, P.C.<![CDATA[Preserving your digital self through estate planning]]>https://www.ksmatlantalawyer.com/?p=487772025-06-20T13:18:55Z2024-09-25T11:26:11Zthrough proper estate planning isn't just smart – it’s essential. Without proper planning, your loved ones might risk losing these assets forever.
Who can access your digital assets?
In 2018, Georgia passed the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which explains how to handle digital assets after someone passes away or becomes unable to manage them. It tries to balance three main concerns:
Respecting the wishes of the person who owns the digital assets
Protecting the privacy of the asset owner and their communications
Providing necessary access to those managing the estate
This law also sets an order for accessing digital assets. First, it follows instructions from online tools like Facebook's Legacy Contact or Google's Inactive Account Manager. If these don't exist, it uses directions from a will or trust. If neither exists, it follows the service agreement for the digital account.
How do you create a digital estate plan?
Starting a comprehensive digital estate plan typically includes the following:
Write down all your online accounts: This includes email, social media, online banking accounts and investments, digital currencies (like Bitcoin) and intellectual property (blogs, digital art).
Safely store account usernames and access instructions: Consider using a password manager or digital vault rather than including passwords in your will.
Calculate the financial and personal value of your digital assets: Decide whether to transfer, keep or delete each after your passing.
Choose a tech-savvy, trustworthy person to manage your digital assets. Explicitly grant them authority in your will, stating your wishes for different types of assets.
Creating a digital estate plan can be tricky. Keeping up with new online accounts and changing tech can be stressful, and some websites might have rules that do not match what you want. It can also be difficult to keep your info safe while allowing your executor access to it. Working with an estate attorney can help clarify and address many of these issues.
Your digital footprint is a part of your legacy
Digital estate planning can help ensure your online accounts and assets are managed according to your wishes, providing you with peace of mind as well as clarity for your loved ones.]]>On Behalf of Kenney & Medina, P.C.<![CDATA[When do medication errors become abuse in nursing homes?]]>https://www.ksmatlantalawyer.com/?p=487742024-09-11T09:38:54Z2024-09-11T09:38:54Zwidespread nursing home abuse in Georgia in the last decade. If you have family members in these facilities, understanding the distinction between an error and abuse is crucial so you can take appropriate action when necessary.
The law requires nursing homes to provide a high standard of care to their residents. This includes administering their medication correctly and safely. Failure to do so can result in severe harm or even death.
A resident might be facing nursing home abuse if you observe abrupt shifts in their behavior or thinking, unexplained injuries or illnesses or a quick deterioration in their health. It is imperative that you do not ignore these signs and take appropriate action right away.
Your loved one's well-being is at stake
If you suspect that your loved one has been a victim of medication error abuse, it is essential to obtain the help of an attorney. An experienced attorney can help you hold the nursing home accountable for their actions through a personal injury lawsuit. This way, you may be able to recover compensation for their recovery and secure their well-being.]]>