According to statistics from the Federal Railroad Administration, there are more than 2,000 vehicle-train collisions at railroad crossings every year. When such accidents result in serious injury or death to innocent motorists, it is only logical the victims would want to hold the railroad responsible. But in some cases Georgia…
Articles Posted in Auto Accidents
Georgia Court Holds Underinsured Motorist Policy Would Not “Duplicate” Prior Damages
If you are seriously hurt in an accident, there are many types of legal injuries that may entitle you to compensation. In addition to paying your immediate medical bills following an accident, you may face future expenses for ongoing care. You may also face lost wages—again, present and future—as well…
Georgia Mother Allowed to Proceed With Lawsuit Against Daughter’s Auto Insurer
If you have been in a car accident, your insurance company may attempt to employ every proverbial trick in the book to deny you coverage. Georgia courts are also predisposed to strictly interpret insurance contracts to avoid any ambiguity that may favor the insured party. There are exceptions, as illustrated…
Judges Throw Out Part of $1.6M Verdict in Pedestrian Death Case
When a car accident involves two or more vehicles, an injured person may seek damages against all responsible parties. The jury must then apportion fault among all of the parties—including possibly the victim—when awarding damages. While judges typically do not second-guess a jury’s apportionment of fault, there are exceptional occasions…
Georgia Truck Driver Not Entitled to Insurance Benefits After Getting Hit By Log
Uninsured motorist coverage is designed, among other things, to compensate you if you are in an accident with an unknown vehicle. A common example is a “hit and run” where the offending driver speeds away and is never identified. In such cases, your insurance carrier is supposed to provide uninsured…
Georgia Court Upholds $4.7 Million Judgment Against Seat Belt Manufacturer
Many car accidents are the result of a defect in the design or manufacture of part of the vehicle. A manufacturer may be held liable under Georgia law for such defective products. A jury may also find a manufacturer failed to adequately warn consumers about certain safety risks associated with…
Cobb County Road Official Not Liable for Storm-Related Death
With winter approaching, Georgia drivers need to be careful navigating potentially hazardous road conditions. Although local governments are responsible for most highway maintenance, Georgia law makes it difficult to hold officials responsible for failing to address even life-threatening hazards. The parents of a deceased child tragically learned this lesson recently…
When is a Car Owner Liable for “Negligent Entrustment” of a Vehicle?
If you are injured in a car accident caused by another driver’s negligence, you may have a case against the owner of the car under a legal principle known as negligent entrustment. Under Georgia law, an owner is liable for negligent entrustment if he or she allows someone to use…
Appeals Court Says Insurance Check Created Binding Settlement Agreement
It is common for victims in automobile accidents to reach out-of-court settlements with negligent drivers or their insurance carriers. But victims should always be mindful of Georgia law governing such settlements. If you make a “final” demand to an insurer for money, and the insurer accepts and agrees to pay…
Appeals Court Holds Estate Cannot Directly Sue Insurer Over Fatal Van Accident
Motor carriers—persons and corporate entities who contract for the transportation of household goods or passengers—must carry insurance in order to legally operate in Georgia. Georgia law further provides a person injured as the result of a motor carrier’s negligence may directly sue the carrier’s insurance company for damages. But there are…