Auto Accidents

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.

Georgia Appeals Court Holds Road Contractor Not Responsible for Car Accident

March 14, 2015 | Benjamin S. Persons, IV

In a product liability case, a plaintiff attempts to hold a defendant responsible for the negligent design of a product that caused injury. But, what if the “product” is a public roadway maintained by private contractors? Can a plaintiff injured in an automobile accident caused by a defectively maintained road sue the contractor responsible for the maintenance? The Georgia Court of Appeals recently addressed this question.

Brown v. Seaboard Construction Company

The plaintiff in this case was injured in a one-car accident. She was a passenger in a vehicle traveling down a causeway. The car hit a pothole filled with water, causing the vehicle to hydroplane and collide with a nearby guardrail.

Appeals Court Clarifies “Hearsay” Exceptions in Accident Case

March 8, 2015 | Benjamin S. Persons, IV

It is often difficult to reconstruct the events of a motor vehicle accident. If the accident resulted in fatalities, the victims are obviously unavailable to testify. Other accounts may not be considered admissible evidence in court. The Georgia Court of Appeals recently addressed such a case.

Maloof v. Metropolitan Atlanta Rapid Transit Authority

In April 2005, a woman boarded an Atlanta para-transit bus in her wheelchair. The bus driver secured the wheelchair to the floor of the bus. Later, as the bus was traveling on the road, the driver suddenly veered into the adjacent lane and had to step on the brakes to avoid a collision with another vehicle. The sudden braking caused the woman to fall out of her wheelchair onto the ground. As a result, the woman’s leg was fractured, and she was rendered immobile for several months until she passed away.

County Police Officer Not Liable for Fatal Horse-Car Collision

February 20, 2015 | Benjamin S. Persons, IV

Animal control is an often overlooked aspect of law enforcement. Under Georgia law, sheriffs and other local law enforcement officers have a duty “to impound livestock found to be running at large or straying.” But, what happens when a law enforcement officer’s failure to perform this duty leads to the serious injury or death of a human being? The Georgia Court of Appeals recently had to answer this question.

Williams v. Pauley

This tragic case began when a horse strayed onto Highway 27 in Floyd County early one morning. A 911 operator received a call regarding the horse and dispatched a Floyd County police officer to investigate. The officer arrived at the scene and located the horse on the highway’s median. He followed the horse in his police vehicle for a few minutes before the animal “took off.” The officer then approached the horse on foot and gained a tentative hold. Still on the median, the officer walked the horse back towards his police vehicle, where the officer contacted his supervisor on the radio, seeking further direction on how to control the animal.

Federal Judge Says Auto Insurer Can’t Preempt Non-Existent Lawsuit

January 16, 2015 | Benjamin S. Persons, IV

In 1992, the Georgia Supreme Court held an auto insurance company may be liable if it is “guilty of negligence, fraud, or bad faith” in failing to settle a potential claim against a policyholder. The case involved a woman who was responsible for a car accident. The victim’s attorney presented the driver’s insurance company with an offer to settle her personal injury claims. The offer had a ten-day limit. The insurance company failed to respond. The Supreme Court said the company could be held liable for acting in bad faith, not just for refusing to respond before the deadline, but because it knew its policyholder was responsible for the accident, and the claim was therefore valid.

Owners Insurance Company v. Parsons

Another insurance company attempted to invoke this 1992 case in more recent litigation. Here, the subject is a 2013 automobile accident. Driver A accused Driver B of causing the accident. Driver A then sent Driver B’s insurance company a “time-limited settlement offer” seeking the policy limit of $50,000. The time limit was 30 days.

Appeals Court Allows Wrongful Death Lawsuit Against State Road Contractor to Proceed

January 2, 2015 | Benjamin S. Persons, IV

Poorly designed and maintained roads are a factor in many automobile accidents. The Georgia Court of Appeals recently addressed an ongoing lawsuit where the plaintiffs allege failures by the State of Georgia and its contractors to post proper signs near a road maintenance site led to a fatal accident. Although the appeals court did not comment on the merits of the case, it did allow much of the lawsuit to proceed against a state-hired contractor.

Georgia Department of Transportation v. Owens

Three U.S. Army members were out celebrating with a friend. The group left an Atlanta nightclub sometime after 2 a.m. in a rented Jeep. Around 5 a.m., the jeep struck an asphalt truck making a delivery to a construction site at the 10th Street Bridge in Atlanta. The driver of the Jeep was killed.

Supreme Court Rejects New Trial Based on Alleged Juror Bias

December 19, 2014 | Benjamin S. Persons, IV

While many personal injury lawsuits settle without the need for a trial, plenty of cases still go before a jury. Jurors are supposed to be fair and impartial. Attorneys for both sides question prospective jurors to screen them for possible biases. But the system is not perfect. The United States Supreme Court recently dealt with a case where there was evidence of juror bias that may have unduly affected the verdict in favor of a defendant.

Warger v. Shauers

Personal injury cases, such as those arising from an automobile accident, are almost always tried under the law of the state where the accident took place. But when the parties are from different states—say, the plaintiff lives in Georgia and the defendant is an insurance company based in Delaware—the case is tried in a federal court. This means that, while the underlying negligence claim is decided according to the forum state’s laws, the rules governing the trial itself are determined by Congress and the Supreme Court.