Dealing with insurance companies is one of the many unpleasant consequences of a motor vehicle accident. Insurers often look to dispose of claims quickly. And while that may also be in the victim’s interest, it’s important not to get railroaded by an overzealous insurer. A recent decision by the Georgia…
An “uninsured motorist” policy provides coverage to the insured when he or she is the victim of an accident caused by another party that has insufficient resources to pay the full amount of any legal damages. In this context, “uninsured” also means under-insured. Thus, for example, if Driver A is…
If you’re in a motor-vehicle accident, it can matter a great deal who owns the offending vehicle, at least when it comes to assessing legal liability. The State of Georgia and its subsidiaries, including cities and counties, are immune from most lawsuits arising from the negligent operation of vehicles by…
If you’ve been in an automobile accident due to another driver’s negligence, and that driver’s insurance company asks you to sign a limited liability release in exchange for receiving compensation, it’s important you understand exactly what future legal rights you may be signing away. Even if you think a release…
Although it’s commonly said that police “protect and serve,” a local government is not necessarily liable when its sworn officers fail to protect the general public from harm. In a 1993 decision, the Georgia Supreme Court adopted what became known as a “public duty doctrine.” This doctrine holds that a…
Under Georgia law, the winning party in a personal injury (or any other civil) lawsuit is usually not entitled to recover attorney fees or costs in connection with the litigation. As the Georgia Supreme Court noted in a 1941 decision, “Where there is a bona fide controversy for the tribunals…
Multi-vehicle accidents can pose complex questions regarding liability and insurance. The Georgia Court of Appeals recently addressed such a case. The appeals court rejected a trial court’s decision to summarily rule in favor of an insurance company that argued it should not have to provide “underinsured motorist” benefits to a…
Bad Boy Enterprises manufactures and sells golf carts modified to function as off-road vehicles. These “Bad Boy Buggies” are primarily marketed to outdoor enthusiasts and hunters. They are also the subject of an ongoing federal lawsuit in Georgia over their safety. The plaintiffs in this case are the parents of…
Sometimes even judges get confused about basic traffic laws. In June, the Georgia Court of Appeals reversed a jury verdict after finding the judge improperly instructed jurors about the law governing the right-of-way at a four-way stop sign. The case arose from a traffic accident in Gwinnett County where each…
On September 25, 2008, a driver heading west on Jackson Road (Georgia Highway 155) in Spalding County was struck by a white van traveling–well past the posted 55-mph speed limit–south on Johnny Cut Road. The subsequent collision killed the van operator and seriously injured the innocent driver of the other…