Auto Accidents

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

The Five Types of Driving Impairment

January 31, 2022 | Benjamin S. Persons, IV

During coronavirus pandemic lockdowns, many Georgia motorists developed some bad driving habits, including speeding, not wearing a seat belt, and driving while impaired. Before the pandemic, operator impairment accounted for about half of the fatal car crashes in the Peachtree State. There is no telling how high the proportion is now. Impaired driving crashes are usually not “accidents.” People accidentally lose their car keys. They do not accidentally drive drunk and cause wrecks.

So, a Marietta personal injury attorney can usually obtain substantial compensation following an impaired driver wreck. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Generally, these cases do not go to trial. Instead, lawyers are usually able to resolve them out of court and on victim-friendly terms.

Alcohol

Bus Drivers and Safety Responsibility in Georgia

January 7, 2022 | Benjamin S. Persons, IV

Intercity and municipal bus travel has increased significantly over the past 10 years. To accommodate more passengers, buses have also become larger over the past several years. Even experienced drivers have a hard time controlling such vehicles. Safe operation is even harder because, in most cases, drivers have multiple safety responsibilities. More on that below.

As passenger travel and vehicle size increase, the potential for serious injury increases, as well. Bus crash and other large vehicle injuries are often complex, usually because the victims live in different counties and even different states. So, only an experienced Marietta personal injury attorney should handle such claims. That is the best way, and often the only way, to ensure maximum compensation for your serious injuries.

Driver Safety

How Do I Choose the Best Auto Repair Shop?

October 8, 2021 | Benjamin S. Persons, IV

If your car is damaged in an accident, you will need to make sure that you find a good auto repair shop. The following article will provide some qualifications that the best auto repair shops have in common, as well as some tips you should follow to ensure that these repairs are performed to your expectations.

The shop has the proper certifications. When you get to the shop, make sure that you look for blue and white “ASE” emblems. These emblems indicate that the shop’s technicians have passed certain skills tests and been certified by the National Institute for Automotive Service Excellence.

The shop has a good reputation. It is important to find a shop that has a good reputation with its customers. You should be able to look at online reviews to determine whether a shop provides good customer service and quality services.

Whose Insurance Applies in Rideshare Accidents?

September 30, 2021 | Benjamin S. Persons, IV

If you are injured in an accident while traveling in an Uber, Lyft, or other rideshare service, you may question whose insurance policy applies. Should you attempt to seek coverage from the rideshare company’s insurance or from the driver’s personal car insurance? The answer will depend on the type of insurance the driver possesses and the status of the driver when the accident occurred. The following article will discuss situations where a rideshare company’s car insurance applies to an accident, as well as situations where a rideshare driver will have to use his own auto insurance after an accident.

When Does the Rideshare Company’s Car Insurance Policy Apply?

In order to determine if the rideshare company’s car insurance applies, you must first determine the status of the rideshare driver at the time of the accident. For example, if the rideshare driver’s app is on and that driver is waiting for a customer to request a ride when an accident occurs, Uber and Lyft both provide the following types of liability coverage for the driver: