Auto Accidents

Railroad Not Liable for Fatal Georgia Crossing Accident

December 28, 2015 | Benjamin S. Persons, IV

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 law may frustrate these efforts, as illustrated by a recent federal appeals court decision.

Long v. CSX Transportation, Inc.

This case involves a fatal accident that occurred at the Emory Street Crossing in Covington, Georgia. In 1974, the Georgia Department of Transportation contracted with a private railroad to install new gates and crossing signals at the Emory Street Crossing. Some years later, the railroad made some changes to the design, which resulted in a 36-foot gap between the installed protective devices and the main railroad line.

Georgia Court Holds Underinsured Motorist Policy Would Not “Duplicate” Prior Damages

December 18, 2015 | Benjamin S. Persons, IV

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 as pain and suffering.

In car accident cases, if a negligent driver lacks sufficient insurance to compensate you for all of your injuries, your own insurance carrier may be responsible pursuant to uninsured/underinsured motorist (UM) coverage. The exact amount of coverage you receive depends on the specific language of your policy. Unfortunately, litigation often arises between accident victims and their insurance carriers over the interpretation of such language.

Mabry v. State Farm Mutual Automobile Insurance Company

Georgia Mother Allowed to Proceed With Lawsuit Against Daughter’s Auto Insurer

December 13, 2015 | Benjamin S. Persons, IV

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 by a recent Georgia Court of Appeals decision.

King-Morrow v. American Family Insurance Company

In this case, the plaintiff was a woman living with her adult daughter. The daughter held an automobile insurance policy that included uninsured motorist (UM) coverage. The UM coverage applied to “relatives living in the policy holder’s household,” which included the mother.

Judges Throw Out Part of $1.6M Verdict in Pedestrian Death Case

December 7, 2015 | Benjamin S. Persons, IV

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 in which the courts find a jury’s verdict simply cannot be supported by the available evidence.

Redmon v. Daniel

Here is a recent example from here in Georgia. The victim in this case was a male pedestrian walking along a highway exit ramp in Gwinnett County, Georgia. Two vehicles were using the ramp, a Chevrolet and a garbage truck. The Chevrolet struck the victim first. The driver later testified the victim was “in the middle of the road” and she did not see him until the impact.

Georgia Truck Driver Not Entitled to Insurance Benefits After Getting Hit By Log

December 4, 2015 | Benjamin S. Persons, IV

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 motorist benefits. You should always keep in mind that insurance is a contract governed by state law, and as with any contract, there may be unusual circumstances that are not covered by the policy.

American Alternative Insurance Company v. Bennett

The Georgia Court of Appeals recently addressed such an unusual case. The plaintiff in this case was driving his tractor trailer down a road in Brantley County, Georgia. According to his testimony, a second tractor-trailer transporting “a load of logs” passed him going in the opposite direction. Shortly thereafter, “a log hanging off of the oncoming log truck struck plaintiff’s tractor, shattering the windshield and causing shattered glass to impact the plaintiff’s eyes and face.”

Georgia Court Upholds $4.7 Million Judgment Against Seat Belt Manufacturer

November 27, 2015 | Benjamin S. Persons, IV

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 a product.

Key Safety Systems, Inc. v. Bruner

On November 19, the Georgia Court of Appeals upheld a $4.7 million verdict holding a seat belt manufacturer partially liable for the tragic death of a 47-year-old mother of two. In September 2007, the victim was riding in the family’s Jeep Wrangler, which her daughter was driving. For undetermined reasons, the Jeep left the roadway and rolled over. Despite the fact mother and daughter were wearing seat belts, the mother was ejected from the vehicle and died. A witness at the scene testified that the victim, who survived for a short time following the rollover, said she could not understand why she was ejected as she was wearing her seat belt. The victim’s husband later testified his wife was “emphatic” in always wearing her seat belt.

Cobb County Road Official Not Liable for Storm-Related Death

November 20, 2015 | Benjamin S. Persons, IV

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 from the Georgia Court of Appeals.

Jobling v. Shelton

On January 9, 2011, a major snowstorm hit Cobb County, Georgia, dumping upwards of six inches of snow on the area. Cobb County maintains about 2,500 miles of roads, and the County Department of Transportation was responsible for clearing ice and snow from all of them. The Department prioritized roads as “primary” or “secondary” and proceeded to treat all of them over a period of several days.

When is a Car Owner Liable for “Negligent Entrustment” of a Vehicle?

October 16, 2015 | Benjamin S. Persons, IV

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 a vehicle despite “actual knowledge” the person is incompetent to drive, either due to “age or inexperience,” “physical or mental condition,” or a “known habit of recklessness.” So, for example, if you allow your unlicensed 15-year-old child to drive your car and she gets into an accident that seriously injures someone, you are liable under negligent entrustment because you knew your child was not of legal driving age and lacked experience.

Brendle v. Templeton

Negligent entrustment is not always so obvious. Here is another illustration from a case currently pending before a federal court in Gainesville, Georgia. A driver fell asleep at the wheel and subsequently got into an accident, injuring the plaintiff. At the time of the accident, the driver was driving his sister’s vehicle, which she allowed him to use.

Appeals Court Says Insurance Check Created Binding Settlement Agreement

March 30, 2015 | Benjamin S. Persons, IV

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 the specified amount, that is enough to create an enforceable legal contract even if the insurer subsequently seeks to negotiate additional terms. That is to say, even if you believe no “final” settlement agreement exists between you and an insurer, the courts may see it differently, as a recent Georgia Court of Appeals decision illustrates.

Tillman v. Mejabi

The victim in this case suffered serious injuries in a 2011 automobile accident. There was no disputing the other driver was at fault. The victim’s attorney therefore sent a demand letter to the other driver’s insurance company, seeking to recover the maximum benefit available under the driver’s policy, which was $25,000. (The plaintiff’s actual damages were significantly higher, about $70,000.) The attorney’s letter said payment of the $25,000 would constitute “full and final settlement of this matter.”

Appeals Court Holds Estate Cannot Directly Sue Insurer Over Fatal Van Accident

March 19, 2015 | Benjamin S. Persons, IV

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 exceptions to this rule, as the Georgia Court of Appeals explained in a recent decision.

Mornay v. National Union Fire Insurance Co.

This case arose from the death of a 69-year-old woman who had been living in a nursing home. The woman was also receiving Medicaid benefits. The State of Georgia had a contract with a motor carrier to provide transportation services for Medicaid patients. The contractor, in turn, hired a subcontractor to help carry out the state contract.