Georgia law defines DUI as not only driving under the influence of alcohol but also driving under the influence of drugs. In Georgia, a person is guilty of a DUI if driving under the influence of any drug to the extent that it is less safe for the person to…
Accidents happen, perhaps especially on the roadways. When drunk drivers are present, accidents – often serious, sometimes fatal – are that much more likely to happen. Driving under the influence of alcohol or drugs is among the top causes of traffic accidents in the United States every year. In 2018,…
Each year more than 300 people die on Georgia roadways in drunk driving accidents. While prosecutors can file criminal charges against the drunk driver, that does not compensate victims and their families for their losses. Unfortunately, in many cases the drunk driver either has no insurance or lacks sufficient coverage…
Negligent entrustment is an issue that frequently arises in car accident cases. The basic idea is that if the defendant “entrusts” his own vehicle to someone who subsequently injures a third party, the third party can seek damages against the defendant if he had “actual knowledge that the driver is…
Is a bar owner responsible if a patron has too many drinks and subsequently gets into a car accident that injures an innocent third party? In some cases, the answer is “yes.” Like many states, Georgia has a dram shop law that applies to anyone who “sells, furnishes, or sells…
In a Georgia car accident case, a negligent driver may be liable for punitive damages if there is “clear and convincing evidence” of “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.” For example, if the negligent…
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…
The Georgia Supreme Court in Flores et al. v. Exprezit! Stores 98-Georgia, LLC, ruled last week that a convenience store can be sued if it sells alcohol to a visibly intoxicated person who subsequently injures others. The original suit involved a Clinch County convenience store that sold a twelve pack…
The National Association of Insurance Commissioners’ eighteen month investigation of Allstate’s claims handling practices ended this month with Allstate agreeing to pay a $10 million dollar settlement. The primary focus of the investigation and settlement relates to Allstate’s use of a claims handling software called Colossus. Allstate has agreed to…
On Wednesday, October 13, 2010, Coweta County Deputy Jeff Bugg experienced an extremely close call when he was nearly run over during a routine traffic stop. Deputy Bugg pulled over a vehicle headed northbound on I 85 and was standing next to the vehicle when a tractor trailer crashed into…