Auto Accidents

When Does an Insurance Settlement Offer Become a Binding Agreement?

June 30, 2016 | Benjamin S. Persons, IV

Dealing with insurance companies is often the first legal issue that needs to be managed following a car accident. While many cases are amicably resolved with insurers without the need for litigation, accident victims always need to tread carefully lest they inadvertently sign away their legal rights. As a recent Georgia Court of Appeals decision illustrates, when you propose to settle a case you must be prepared to live with the consequences.

Partain v. Pitts

The plaintiff and defendant in this case were drivers involved in a car accident. The plaintiff sued the defendant, alleging the latter’s negligence caused the accident and the plaintiff’s resulting injuries. Four days after filing suit, the plaintiff’s attorney sent a settlement letter to the claims adjuster for the defendant’s car insurance carrier. The letter said the plaintiff would agree to sign a limited liability release in exchange for $50,000, which was the coverage limit of the defendant’s insurance policy. The letter further said the offer would only remain good for two weeks, and the plaintiff’s attorney had to receive a check by the deadline, otherwise the settlement offer was rescinded.

Georgia Court Sorts Out Uninsured Motorist Coverage Involving Multiple Insurers

June 24, 2016 | Benjamin S. Persons, IV

Uninsured motorist coverage extends the protection of your own automobile insurance to accidents caused by another party who lacks sufficient insurance to compensate you for any injuries. For example, let’s say a drunk driver hits you. You subsequently sue the driver and win $1,000,000 in damages from the jury. But the driver only has $25,000 in insurance and lacks any other assets to pay the remainder of the judgment. In this situation you could seek compensation under your own policy’s uninsured motorist coverage.

Coker v. American Guarantee and Liability Insurance Company

The above example seems relatively straightforward. But what happens when there are multiple insurers who may be liable for the same accident? A federal appeals court in Atlanta recently addressed such a case.

Suing a Non-Georgia Resident Following a Car Accident

June 18, 2016 | Benjamin S. Persons, IV

Many Georgia car accidents involve motorists from other states. If you are injured by a nonresident driver’s negligence, you can still seek to recover damages through the Georgia courts. It is important to understand that there are special conditions imposed by Georgia law in such cases. You must make every effort to locate the out-of-state defendant and ensure he or she is properly served with a copy of your lawsuit. As a recent Georgia Court of Appeals decision illustrates, these requirements are not optional.

Covault v. Harris

The plaintiff in this case was involved in a two-car accident in Fulton County, Georgia. The plaintiff and the defendant were traveling towards the same intersection when, according to the plaintiff, the defendant “failed to maintain his lane and struck [the plaintiff’s] vehicle.” According to a police report taken at the scene of the accident, the defendant was a resident of Kentucky driving a rental car. The plaintiff subsequently learned the defendant’s home address by reviewing Kentucky’s voter registration records.

Federal Regulators Not Liable for Fatal Bus Crash

May 31, 2016 | Benjamin S. Persons, IV

In May 2011, a bus traveling from Charlotte, North Carolina to New York City swerved off Interstate 85 approximately 30 miles north of Richmond, Virginia. The bus hit an embankment and overturned. Consequently, four passengers died and several dozen more were hospitalized with injuries.

The bus company was a discount operator with a long history of accidents due to unsafe driver behavior. According to news reports at the time, the Federal Motor Carrier Safety Administration cited the operator “for 17 unsafe-driving violations” in the two years prior to the fatal Virginia accident. The FMCSA shut down the operator immediately after the accident.

Chhetri v. United States

Georgia Court Dismisses Two Car Accident Lawsuits Over Defective Notices

May 27, 2016 | Benjamin S. Persons, IV

A personal injury lawsuit, such as one seeking damages from a car accident, often involves complex questions of law. The complexity only increases exponentially when the the negligent party is a state agency. The Georgia Tort Claims Act (GTCA) governs all personal injury claims against the state and its employees. Unlike lawsuits against private parties, the GTCA requires a victim provide written notice to the state about any potential claim. A party that fails to strictly comply with every aspect of this pre-suit notice requirement will have their case dismissed without exception.

Silva v. Georgia Department of Transportation

As if to hammer home this point, a panel of the Georgia Court of Appeals recently issued two decisions on the same day dismissing GTCA claims for technical non-compliance with the pre-suit notice requirements. In the first case, the victim was rear-ended by a vehicle owned and operated by the Georgia Department of Transportation. In an attempt to comply with the GTCA, the victim’s attorney notified state officials of her claim. When the state did not object to the contents of the notice, the victim sued the state, seeking damages for medical expenses and other losses.

Georgia Judge Sanctions Defendant for Losing Evidence in Truck Accident Case

May 6, 2016 | Benjamin S. Persons, IV

In any type of personal injury lawsuit, it is important for the parties to the case to preserve all evidence that may assist the court in determining the facts. Under no circumstances should a party ever intentionally withhold or destroy evidence. Even in cases where evidence may have been lost by accident, a judge may still interpret that as an intentional act and impose sanctions against the offending party.

O’Berry v. Turner

For example, a federal judge in Valdosta, Georgia, recently imposed sanctions against a pair of corporate defendants in an ongoing truck accident lawsuit. The underlying case involves a June 2013 incident. A man was driving his car when a tractor trailer allegedly swerved into his lane. The impact sent the car off the road and into a light pole. The driver and his passenger were injured and subsequently sued multiple parties, including the driver and owners of the tractor trailer.

Georgia Accident Victim Says Social Media Company’s Negligence Caused Crash

April 29, 2016 | Benjamin S. Persons, IV

Distracted driving is a leading cause of car accidents. This is why “texting while driving” is illegal in Georgia and many other states. State law expressly forbids anyone from operating a motor vehicle “while using a wireless telecommunications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data.”

Maynard v. McGee and Snapchat, Inc.

When distracted driving does lead to a car accident, the driver may face a personal injury lawsuit from the victims. A lawsuit recently filed in Spalding County, Georgia, raises the novel question of whether a social media company may also be liable for encouraging distracted driving by its users. The lawsuit, which is still in its early stages, has already sparked international media attention.

Insurer Not Liable for Fight Over Ownership of Car

April 8, 2016 | Benjamin S. Persons, IV

Georgia law requires all drivers to carry auto insurance. The law sets certain minimum requirements for coverage. For example, a policy must include provide at least $25,000 in coverage for “bodily injury” to one person, or $50,000 to cover multiple persons injured in the same accident. Remember, these are only minimum requirements, and many drivers choose to purchase insurance policies with higher coverage limits.

State Farm Mutual Insurance Co. v. Marshall

But insurance does not cover an accident just because your car may be involved in some way. A recent Georgia case illustrates this point. The case actually began as a dispute over the ownership of a car. In 2010, a boyfriend purchased a car for his girlfriend. She had poor credit and needed him to register the car in his name so she could obtain a loan to finance the purchase. Although the girlfriend subsequently made the loan payments, the vehicle remained legally titled in the name of the boyfriend.

Determining Negligence in a Car Accident When Each Party Blames the Other

March 25, 2016 | Benjamin S. Persons, IV

Negligence exists under Georgia law whenever a person breaches a “legal duty to conform” to a specified legal standard, and as a result, another person suffers an injury or loss. In the context of a car accident, for example, a person may be negligent if he or she fails to follow the rules of the road, thereby causing an accident that injures another driver or damages their vehicle. Indeed, many personal injury cases come down to establishing which driver’s actions were responsible for the accident.

Newsome v. LinkAmerica Express, Inc.

In a recent case, a divided Georgia Court of Appeals reinstated a lawsuit arising from an accident where a car hit a parked tractor trailer. Both parties—the driver and the tractor trailer owner—claimed the other party’s negligence was the sole cause of the accident. The trial court sided with the defendant, while a majority of the Court of Appeals said the plaintiff should at least be permitted to argue his case before a jury.

The Difference Between General and Limited Releases in Car Accident Settlements

March 4, 2016 | Benjamin S. Persons, IV

Litigation is not uncommon following an auto accident. In many cases, the parties can still settle their dispute without the need for a full-blown jury trial. But before agreeing to any settlement, it is essential each party understands what rights they may be giving up. A settlement is a contract, which means there must be a “meeting of the minds” in order for the agreement to be enforceable.

Cone v. Dickenson

Recently the Georgia Court of Appeals addressed a dispute arising from just such a settlement agreement. The plaintiff and the defendant were in a car accident. The plaintiff sued the defendant, alleging his negligence caused the accident.