Auto Accidents

A Closer Look at Ridesharing Crashes

March 24, 2023 | Benjamin S. Persons, IV

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

High-Speed Police Chase Kills Motorcyclist

March 17, 2023 | Benjamin S. Persons, IV

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.

Fatal Two-Vehicle Collision in Pike County

March 3, 2023 | Benjamin S. Persons, IV

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

Do Commercial Drivers Have to Be More Careful?

February 24, 2023 | Benjamin S. Persons, IV

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

Charged Filed in Thanksgiving 2022 Fatal Crash

February 10, 2023 | Benjamin S. Persons, IV

A man faces multiple counts of vehicular homicide after he crossed the center line and slammed into an oncoming SUV, killing two people and seriously injuring two others.

One of the victims was an 18-year-old college student. The freshman volleyball player at Bryan College in Tennessee was home visiting family for the holiday. “Alivia was loved by many and will be remembered for her kind, sweet, beautiful spirit,” the Creekview volleyball team posted on Facebook. “Chris [her father who was also killed in the crash] was a devoted father to his two daughters and the love of Jennifer’s life.”

Investigators believe driver fatigue caused the fatal wreck.

Electronic Evidence in Car Crash Cases

February 3, 2023 | Benjamin S. Persons, IV

Sometimes, evidence immediately available at the scene, like witness statements, is enough to establish liability in a car crash claim. Frequently, however, it is not enough to fill in all the blanks. In these situations, a vehicle’s Event Data Recorder often does this job. EDRs resemble the black box flight data recorders in commercial airplanes.

Federal investigators use these flight data recorders to determine airplane crash causes. Likewise, Marietta personal injury lawyers use EDRs to determine car crash causes. As outlined below, attorneys and their investigator professional partners put the bits of evidence that an EDR records much like the pieces of a jigsaw puzzle. The result is a clear picture of the accident the jury uses to award maximum compensation to injury victims.

EDR Functions

Two UGA Students Killed in Car Crash

January 31, 2023 | Benjamin S. Persons, IV

Two other students were seriously injured in the wreck that followed Georgia’s celebration of back-to-back national football championships. Investigators believe that speed was a factor in this wreck.

The single-vehicle crash happened near the intersection of Stroud Road and Barnett Shoals Road in Athens. A 20-year-old offensive lineman and 24-year-old recruiting staffer died in that wreck. In a statement, UGA acknowledged that it owned the 2021 Ford Expedition, but denied responsibility for the crash.

“The car driven in the accident was one of several vehicles leased by our athletic department for use during recruiting activities only. Policies and expectations that were well understood by athletics staff dictated that such rental vehicles were to be turned in at the immediate conclusion of recruiting duties,” the University said in a statement. “Personal use was strictly prohibited. Therefore, the continued use of the leased car by our staff members after their recruiting duties ended earlier that evening was unauthorized.”

What are the Three Kinds of Negligence in a Car Crash Case?

January 27, 2023 | Benjamin S. Persons, IV

As outlined below, the three kinds of negligence in a car crash claim are basically the three major types of driver mistakes. Driver error causes over 98% of car crashes in Cobb County. Generally, that error is negligence, or a lack of care.

If negligence caused a car accident, a Marietta personal injury attorney can obtain compensation for that accident in court. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Environmental

Fatigued Driving in Georgia: A Closer Look

December 16, 2022 | Benjamin S. Persons, IV

People who would never drive while under the influence of alcohol routinely drive while they are seriously fatigued. Scientifically, intoxication and fatigue are closely related. Driving after 20 hours without sleep, which is like driving home after not sleeping well at night and working a full day at the office, is like driving with a .08% blood alcohol content (BAC) BAC level. That is above the legal limit in Georgia. Shortcuts, like blasting the air conditioner or radio, only help people feel more alert. They do nothing to address clouded judgment, delayed reactions, and other effects of fatigue.

Other than distraction, fatigue is one of the most common and dangerous kinds of driver impairment. Arguably, fatigue-impaired people know they should not drive. But they get behind the wheel anyway and intentionally put other people at risk. As a result, a Marietta personal injury attorney can usually obtain substantial compensation in fatigue-related crashes. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Evidence of Fatigue

Common Insurance Company Defenses in Car Crash Cases

December 2, 2022 | Benjamin S. Persons, IV

Plaintiff’s winning percentage in court has declined over the last several years, mostly because insurance company revenue has skyrocketed over this same period to more than $1 trillion per year. As a result, these companies can now hire more effective lawyers and allow them to go to trial if necessary. Usually, the insurance company’s trial strategy in a vehicle collision claim revolves around one of the three defenses discussed below.

Back in the day, when the plaintiff’s winning percentage was high, and insurance companies had limited resources, almost any lawyer could successfully handle a vehicle collision claim. In the current environment, only a Marietta personal injury attorney can obtain the best possible result in such claims. That result usually includes maximum compensation for the victim’s economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

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