Auto Accidents

Appeals Court Says Defense Attorney’s Closing Arguments Did Not Influence Jury

November 3, 2014 | Benjamin S. Persons, IV

An attorney’s opening and closing arguments during trial should not be confused for evidence. The attorney may attempt to persuade the jury on how to best interpret the evidence introduced at trial. But a jury is not supposed to substitute rhetoric for evidence.

Recently, the Georgia Court of Appeals addressed the issue of whether the content of an attorney’s closing statements could justify overturning the jury’s verdict. The underlying case was a personal injury lawsuit where the jury had to determine the relative fault of two drivers. The jury ruled for the defendant, prompting the plaintiff to argue defense counsel’s closing arguments improperly affected the decision.

Young v. Griffin

Appeals Court Says Driver May Be Liable for Leaving Tractor on the Side of the Road

October 24, 2014 | Benjamin S. Persons, IV

The Georgia Court of Appeals recently addressed the issue of a defendant’s potential liability in a traffic accident where an “intervening act” of a third party may have also contributed to the plaintiffs’ alleged injuries. Reversing a trial judge’s decision, the appeals court held a defendant who causes a traffic obstruction may still be considered negligent even if other parties may also be at fault.

Granger v. MST Transportation, LLC

This case began with a tractor that ran out of gas in DeKalb County. The driver stopped his tractor in the right-hand lane of a three-lane road. The driver then flashed his lights and deployed reflective warning triangles before leaving the vehicle and walking to a nearby gas station. The driver ended up making three trips to the gas station, as he could only carry five gallons of gasoline in his cannister, and the tractor failed to start after the first two refueling attempts.

Georgia Court Reinstates Auto Accident Lawsuit Despite Plaintiffs’ Missing Filing Deadline

October 10, 2014 | Benjamin S. Persons, IV

It is always important in a personal injury case to present evidence in a timely manner. When one party files a motion or other pleading, the other party must file a response within a stated time limit. In particular, a plaintiff’s failure to meet any deadline may lead to dismissal of his or her lawsuit.

Hall v. Massally

Missing a deadline does not always mean the case is lost. Here is a recent example from the Georgia Court of Appeals. This case arose from a two-car accident. The driver and passengers of one vehicle sued the drive of the other vehicle. In a pretrial deposition, the driver of the plaintiffs’ vehicle testified he turned into what he believed to be an open right-hand lane. But as his car moved into the lane, there was a collision with the defendant’s vehicle. The plaintiff said the two vehicles interlocked and the defendant’s vehicle dragged his car about 20 to 30 feet across a median. After the two vehicles separated, he testified the defendant’s car continued to move “at a high rate of speed” for at least another 75 feet. The plaintiff concluded, based on his observations, that the defendant was driving well over the legal speed limit, “about ninety” miles per hour.

Woman Ordered to Repay Employer $130,000 for Post-Accident Medical Care

September 27, 2014 | Benjamin S. Persons, IV

While it always important for the victim of a car accident to receive compensation for medical care and other injuries, it is equally imperative to obtain such compensation in a legal and equitable manner. A car accident is not an excuse to commit fraud. The Atlanta-based U.S. 11th Circuit Court of Appeals recently addressed a case on this point.

AirTran Airways, Inc. v. Elem

This case began with a 2007 car accident. The victim sustained injuries and received medical care, which her employer initially paid for under its self-funded employee benefit plan. In accepting her employer’s medical benefits—totaling more than $130,000—she agreed to repay the company out of any proceeds she might subsequently receive from legal action against the driver of the second vehicle involved in the accident. In plain terms, the employer held a priority claim over any future legal settlement.

Atlanta Appeals Court Finds Automaker Not Responsible for Fatal Accident

September 19, 2014 | Benjamin S. Persons, IV

On September 12, the U.S. Eleventh Circuit Court of Appeals in Atlanta declined to revive a personal injury lawsuit brought by a woman whose daughter died in an automobile accident. The plaintiff was administrator of her daughter’s estate, and she brought a lawsuit against the manufacturer of her daughter’s car. Both a Georgia trial judge and the Court of Appeals said the plaintiff failed to present sufficient evidence to support her claims.

Hughes v. Kia Motors Corporation

Although this case was contested in Georgia courts, the actual accident occurred in Tennessee. In May 2005, the victim drove her Kia Optima automobile out of a restaurant parking lot in Chattanooga. While executing a turn, a Mack truck struck her car. The impact caused the Kia to collide with two parked cars, a tree, and several other objects, before coming to a stop near a private residence. Emergency personnel recovered the victim from the vehicle and transported her to a local hospital. She was initially breathing and responsive following the accident, but died of a traumatic brain injury the next day.

Federal Court Asks Georgia Justices to Address Scope of Uninsured Motorist Benefits

September 5, 2014 | Benjamin S. Persons, IV

On September 3, a federal appeals court asked the Georgia Supreme Court to clarify whether an insurance company must pay out “uninsured motorist” (UM) benefits for an accident caused by an agent of the State of Georgia. The question arose from a federal judge’s ruling last December holding an insurer liable under such circumstances. The appeals court delayed considering the insurer’s appeal pending the Georgia Supreme Court’s clarification.

FCCI Insurance Company v. McLendon Enterprises, Inc.

This case began with a traffic accident. The plaintiffs are the driver and owner of a vehicle that collided with a school bus owned by Evans County, Georgia. After settling with Evans County for the maximum limit of its insurance policy, the plaintiffs sought uninsured motorist benefits from their own insurer, FCCI. FCCI balked, and asked a federal judge to declare it owed nothing to the plaintiffs.

Federal Government Report Highlights Danger to Children of Using All-Terrain Vehicles

May 19, 2014 | Benjamin S. Persons, IV

Not all motor vehicle accidents include an automobile or truck. Off-road or all-terrain vehicles (ATVs) are involved of hundreds of accidents and fatalities each year. The staff of the U.S. Consumer Product Safety Commission (CPSC) recently released a report on ATV accidents that took place between 1982 and 2012. The CPSC has regulated ATV safety standards in the United States since 2009.

The CPSC’s Findings

The CPSC defines an ATV as “an off-road, motorized vehicle having three or four low-pressure tires, a straddle seat for the operator, and handlebars for steering control.” New ATVs must be four-wheel vehicles, as CPSC regulations ban the importation or sale of three-wheel ATVs. Vehicles with steering wheels and bucket seats, such as a golf cart, are not classified as ATVs.

Georgia Appeals Court Reinstates Wrongful Death Lawsuit Arising from Illegally Parked Trailer

May 5, 2014 | Benjamin S. Persons, IV

In a personal injury or wrongful death lawsuit, it is not enough to show the defendant was at fault for the plaintiff’s injuries. Under Georgia law, a plaintiff cannot recover damages if he or she is “50 percent or more responsible” for the injuries suffered. The question of responsibility is typically decided by a jury. In some cases, a trial judge may grant one party summary judgment if he or she determines there is no genuine dispute over the facts. But judges must be careful not to short-circuit the trial process, as the Georgia Court of Appeals explained in one recent case.

Reed v. Carolina Casualty Insurance Company

In 2008, a commercial tractor-trailer driver parked his vehicle in an emergency lane at the intersection of Interstate 285 and Interstate 75 in Cobb County. It was early in the morning and the driver wanted to rest. Nevertheless, parking in an emergency lane violates Georgia traffic laws.

Will General Motors Be Held Accountable for Selling Defective Vehicles?

April 21, 2014 | Benjamin S. Persons, IV

General Motors recently issued a sweeping recall for a more than 2.5 million vehicles sold between 2005 and 2011. The recall includes the Chevrolet Cobalt, Pontiac G5, Saturn Ion, Chevrolet HHR, Pontiac Solstice and Saturn Sky models. According to GM, the vehicles have a defective ignition switch that affects the operation of the airbag system.

This is not a minor safety issue. GM itself acknowledged their faulty ignition switches can be linked to at least 31 motor vehicle accidents and 13 deaths. The Detroit-based automaker now faces a number of lawsuits, including a class action complaint filed in Texas seeking upwards of $10 billion for GM customers who purchased the defective vehicles. Another lawsuit, filed in San Francisco, claims GM’s efforts to fix the recalled vehicles are “insufficient” and that there is a second ignition-switch defect the company has yet to address. Altogether, GM has been been named a defendant in at least 37 cases spanning 17 separate federal courts. In addition to litigation, multiple government agencies, including the United States Department of Justice and the National Highway Traffic Safety Administration, have opened investigations into GM’s mismanagement.

Will GM Escape Responsibility?

Georgia Appeals Court Reinstates “Phantom Driver” Lawsuit

March 31, 2014 | Benjamin S. Persons, IV

What happens when you get in an automobile accident where the other driver is never identified? If you have uninsured motorist coverage, your insurer should cover the damages. Georgia law defines a vehicle as uninsured when “the owner or operator of the motor vehicle is unknown.” But there must be adequate proof an accident occurred. This was the subject of a recent Georgia Court of Appeals decision, which illustrates the legal burden of proof in these so-called “phantom driver” cases.

Leslie v. Doe

The plaintiff in this case was driving down Highway 138 near a shopping center in Fulton County. He lost control of his vehicle when he swerved to avoid an unidentified vehicle that had just pulled out of the shopping center’s parking lot. The sudden swerving caused the driver to lose control of his vehicle, which flipped over several times and crashed. The other vehicle continued without stopping and was never identified.