Georgia passed a “hands-free” law in July 2018. The law is clear about restricting almost all cellphone use while driving. Before 2018, the law banned only texting.
If you have not been up to date on this law or spoken with a personal injury lawyer, you may be unaware of the implications.
Most drivers are fully aware of the dangers of using a cell phone, texting, or searching on the web while driving. Just a moment of distracted driving can be enough to cause a collision, injury, or even death.
A recent Fox News report detailed a serious injury of an unbelted passenger in a head-on collision in Cobb County. In the Peachtree State, “click it or ticket” signs are familiar sights. These signs are powerful reminders to wear seat belts to avoid tickets and help prevent serious injuries.
Buckle Up is the Law in Georgia
The Georgia seat belt law, O.C.G.A. § 40-8-76.1, requires every person in the front of a passenger vehicle to wear seat belts. In Georgia, the law distinguishes who must wear a seat belt in the back seat. Passengers over 18 years old are not required to wear a seat belt in the back seat. Children between the ages of 8 and 15 are required to wear a seat belt in the front or back seat of the vehicle.
Georgia uses a traditional “fault-based system” system for car insurance. What is this term? It means that the person at fault for the accident is financially responsible for injuries, vehicle damage, and other losses.
In approximately 12 other states, a “no-fault” system is followed. This means that the driver’s insurance covers certain losses after a crash.
In Georgia, a simple way to understand it is: the at-fault driver’s insurance covers other people’s losses up to the limits of the driver’s liability coverage.
No one wakes up in the morning expecting to get into a car or truck accident. It makes sense to have a basic understanding of the laws that come into play in the event of an accident.
Two Georgia laws are particularly useful to understand: modified comparative negligence and the statute of limitations. A Marietta personal injury lawyer has the expertise to clarify the law and answer questions you may have about filing a claim for a car accident.
Comparative Fault in Georgia Car Accidents
Investigators believe that distracted driving may have caused a horrific crash that sent one person to a local hospital.
After the vehicle crashed through a barrier, sped up the tow truck’s ramp, crashed through the cab, and went airborne, it landed on its passenger side and flipped over, hitting another car in the other lane. The first car eventually came to a stop right side up as smoke rose from the wreck.
The driver, a 21-year-old woman from Tallahassee, Florida, survived the crash but suffered serious injuries.
Automobile safety technology has advanced considerably over the last 100 years. Yet vehicle collisions still kill or seriously injure millions of Americans every year. Motorcycle safety technology has barely budged over the past century. So, it is no surprise that motorcycle wrecks are 30 times deadlier than other vehicle collisions. Non-fatal motorcycle crash injuries are also much more serious than non-fatal vehicle collision injuries.
Quite frankly, these victims need money to pay these medical bills and otherwise put the pieces of their lives back together. Fortunately, a Marietta personal injury lawyer has several legal options in these cases. Each one usually results in maximum compensation for serious injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Negligence Per Se
Big ridesharing companies keep getting bigger. In 2022, Uber’s revenue increased by 80% to over $31 billion. Uber and Lyft need lots of drivers to cope with the increased demand. As a result, pretty much anyone with a valid driver’s license can be an Uber or Lyft driver. These companies no longer examine driving records and other evidence as closely as they did before the pandemic.
Uber and Lyft may have lowered their standards, but legal standards remain in place. As outlined below, these standards are high for ridesharing operators and other commercial drivers. So, if these drivers cause crashes, a Marietta personal injury attorney can often obtain substantial compensation in court. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
First Party Liability
A high-speed pursuit in Acworth ended badly when a motorcyclist, allegedly racing another motorcyclist, struck a Honda Accord. The rider died at the scene.
Prior to the crash, Georgia State Patrol troopers were assisting the Bartow County Sheriff’s Office in pursuing two motorcycle drivers who were racing on GA-3 near Mockingbird Road. Troopers began chasing one of the riders, who continued driving “in a reckless manner” into Cobb County.
According to investigators, the motorcyclist was approaching the intersection at high speed and struck a Honda Accord that was making a left turn. The motorcycle driver, a male, died at the scene. The driver of the Honda was taken to the hospital with life-threatening injuries.
Pike County Sheriff’s deputies believe a combination of alcohol and speed caused a fatal collision on Highway 109.
A Lincoln Navigator and Toyota collided because neither driver stopped at the highway intersection. One driver was arrested after receiving medical treatment, and charged with driving under the influence, vehicular homicide, driving without a license, and several other traffic offenses.
Car Crash Causes
Yes. Truck drivers, taxi operators, Uber drivers, and other commercial operators are common carriers in Georgia. So, under Section 46-9-1 of the Georgia Code, they must “use extraordinary diligence” as they operate their motor vehicles. Additionally, “no excuse avails them unless the loss was occasioned by the act of God or the public enemies of the state.” That is one of the highest commercial driver standards of care in the country. The higher duty of care directly affects crash liability issues, as outlined below.
The higher standard of care makes it easier for a Marietta personal injury lawyer to prove negligence, or a lack of care. Nevertheless, commercial operator wrecks are very complex. So, although it is easier to prove negligence, it is more difficult to obtain maximum compensation for your serious injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
First Party Liability
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