Auto Accidents

High-Speed Police Chase Kills Two, Injures Three

November 30, 2022 | Benjamin S. Persons, IV

To defend their actions, officers claimed a reckless chase lasted only 37 seconds before the driver caused a fatal wreck. However, in a high-speed pursuit, thirty-seven seconds is an eternity.

According to Georgia State Police investigators, the crash happened on Northside Drive and 14th Street after Atlanta police tried to conduct a traffic stop at 17th Street. Suspects in a white Toyota RAV4 drove away on Northside Drive and failed to stop at the red light. The RAV4 crashed into a Mitsubishi Outlander, almost instantly killing an Uber driver and passenger. Three people inside the suspect vehicle were rushed to a nearby hospital with serious injuries.

Georgia State Patrol officials have not commented on what charges will be filed in this case.

A Closer Look at Distracted Driving in Georgia

November 25, 2022 | Benjamin S. Persons, IV

Since the start of the smartphone era in 2007, many states, including Georgia, have passed a hands-free law. In general, these laws prohibit motorists from holding and/or using smartphones and other digital devices while they are behind the wheel. However, these laws contain many exceptions, mostly for hands-free devices. Additionally, device distraction is only a small part of the distracted driver problem.

Many distracted drivers do not feel remorseful after they cause crashes, as if the device or behavior somehow excused their negligence. A Marietta personal injury attorney forces these tortfeasors (negligent drivers) to accept full responsibility for the wrecks they cause. This responsibility includes paying compensation for damages. In a perfect world, tortfeasors would do the right thing before a lawyer gets involved. Unfortunately, we don’t live in a perfect world.

Device Distraction

Two Teens Injured, One Fatally, in Forsyth County Wreck

November 11, 2022 | Benjamin S. Persons, IV

A 16-year-old girl, a passenger in a vehicle, is dead after a single-vehicle crash in Georgia.

According to investigators, the crash happened when a gray 1996 Toyota 4Runner, driven by a 17-year-old, struck the curb on the right side of the road. Deputies say the teenage driver overcorrected, and the vehicle went out of control and rolled over several times. The vehicle eventually hit an electric pole, killing the 16-year-old passenger.

The driver only suffered minor injuries.

Is Speed a Factor in Most Accidents?

November 4, 2022 | Benjamin S. Persons, IV

Maybe not “most” accidents, but speed is a factor in about a third of the fatal car wrecks in Georgia. The proportion of speeding-related collisions had been dropping slightly until the 2020 coronavirus lockdowns. When roads emptied, many drivers acquired some bad habits, including excessive speeding. Like many bad habits, this one is easy to form and hard to break. As outlined below, speed impacts the risk of a wreck and the force in a collision.

Also, as outlined below, excessive speed is usually negligence, or a lack of care. If that is the case, a Marietta personal injury attorney can obtain the compensation the victim needs and deserves. Victims need this compensation to pay accident-related expenses, like medical bills and damaged property replacement. They deserve this compensation because their injuries were not their fault, and no one should bear the responsibility for someone else’s mistake.

How Speed Affects Car Crash Injuries

Third-Party Liability in Car Crash Claims

October 7, 2022 | Benjamin S. Persons, IV

Georgia has one of the country’s lowest auto insurance minimum requirements. Therefore, many Georgia drivers do not have enough insurance to cover all the losses in a catastrophic injury claim. The medical bills alone in such claims usually exceed $100,000.

Victims in this situation usually have two basic options, especially if they do not have UM/UIM (uninsured/underinsured motorist) coverage. They can file separate collection claims against the tortfeasor (negligent driver), who is most likely judgment-proof, or they can look for a responsible third party with deep pockets and additional insurance.

So, in many cases, establishing legal responsibility for damages is only part of the process. A good Marietta personal injury lawyer goes the extra mile and obtains meaningful compensation in vehicle collision matters. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Vehicle Runs Over Pedestrians in Cobb County

September 2, 2022 | Benjamin S. Persons, IV

Few details were available after a predawn vehicle-on-pedestrian accident that sent a man to a local hospital in critical condition.

The wreck occurred on SR 120 in Cobb County.

Pedestrian Injuries

Getting Around the Graves Amendment

August 19, 2022 | Benjamin S. Persons, IV

Georgia law regarding owner liability for U-Haul, Enterprise, and other rented vehicle wrecks is very complex. 49 U.S.C. 30106 makes these laws even more complex. In the wake of several large verdicts in the 1990s, including one that involved a fireball Enterprise Rent-a-Car wreck in Connecticut, lawmakers added the Graves Amendment to a large transportation bill in 2002. Rep. Sam Graves and his colleagues wanted this amendment to immunize owners of rented vehicles from liability lawsuits. However, as outlined below, the Graves Amendment contains some large holes.

In most cases, a Marietta personal injury attorney can use the complex Georgia laws to hold U-Haul, Enterprise, and other vehicle rental companies responsible for damages if they rent vehicles to individuals who cause crashes. This third-party liability is important because, in most cases, rented vehicle drivers have little or no insurance. Vicarious liability gives injured victims another way to obtain compensation for their economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Negligent Entrustment

What to Do if You are Involved in a Ride-Sharing Accident in Georgia

March 25, 2022 | Benjamin S. Persons, IV

Gone are the days where taxi cabs reigned supreme as the preferred way to get from point A to point B. An increasing percentage of Americans are using ridesharing services like Uber or Lyft. The ease and notoriety of ridesharing services has increased over the years, and it is safe to say that the percentage of Americans who use ridesharing services will continue to grow. The fact that so many Americans are turning to ridesharing services will likely lead to an increase in car accidents involving Uber and Lyft drivers. What happens if you are the driver or the passenger in a ridesharing service car accident in Atlanta?

Insurance Issues in Atlanta Ridesharing Car Accidents

The legal insurance requirements for typical Georgia drivers and ridesharing service drivers are quite different. Regular drivers must carry $25,000 per person and $50,000 per car accident of bodily injury liability insurance. They must carry at least $25,000 of property damage liability insurance per accident.

Georgia Auto Accident Lawyers Use Expert Witnesses

March 18, 2022 | Benjamin S. Persons, IV

Sometimes, the causes and results of a vehicle collision are easy to understand. Take this example:

Driver YZ failed to stop at the red light
YZ’s car crashed into the victim BC’s car in the intersection

Liability Issues in Substance-Related Collisions

March 11, 2022 | Benjamin S. Persons, IV

Before the coronavirus pandemic, drug and/or alcohol impairment was a factor in almost half of vehicle collisions in Georgia. This proportion increased during 2020. Drug use, particularly antidepressant use, went up during the lockdowns. At the same time, DUI enforcement dropped off significantly. Bad habits, such as driving while impaired, have persisted even as lockdowns ended.

Compensation is often rather high in substance impairment wrecks. Arguably, these individuals know they should not get behind the wheel. Instead, they knowingly endanger lives and property by driving. Additionally, these wrecks have high catastrophic injury and fatality rates. Moreover, in addition to high compensatory damages, a Marietta personal injury attorney can often obtain punitive damages in these cases as well.

First Party Liability