car accident

What is a “Preponderance of Evidence” in a Georgia Car Accident Lawsuit?

October 11, 2024 | Benjamin S. Persons, IV

Whenever you accuse someone else of wrongdoing in the United States, you generally shoulder the “burden of proof” – and this applies to car accidents. It is your responsibility to prove that a negligent driver caused your crash. In contrast, the accused driver is under no obligation to prove their innocence. This is an important concept to understand when pursuing a car accident lawsuit in Georgia.

How Much Evidence is a “Preponderance?”

First, it is important to distinguish between criminal charges and civil lawsuits. Both may stem from car accidents, but each court is associated with a different burden of proof. For example, you may have been struck by a drunk driver in Georgia. In criminal court, prosecutors must prove “beyond reasonable doubt” that they were intoxicated while operating their vehicle. This is a relatively high burden of proof, and it means that the defendant can walk free even if there is a slight doubt about their guilt.

What to Do After Being Ejected From Your Vehicle in Marietta

August 9, 2024 | Benjamin S. Persons, IV

A vehicle ejection in Marietta can be one of the most traumatic life events imaginable. In this type of accident, the occupant is thrown through their vehicle window and onto the asphalt. Catastrophic injuries are highly likely, and many people do not survive. But what happens if you do survive a vehicle ejection? What should you do next? Your next steps may be more important than you realize – especially if you plan to pursue compensation.

Vehicle Ejections are All Too Common in Marietta

In August 2024, it was reported that a driver had been ejected from their vehicle after a crash involving the local police force. The authorities say that the victim was driving a Mustang when she slammed into a police car and then a Toyota Prius. The Mustang driver was then ejected from her vehicle – assumedly through the windshield.

Potential Injuries After Fiery Crashes in Georgia

August 2, 2024 | Benjamin S. Persons, IV

If you have been injured in a fiery Georgia car accident, you might be struggling with various injuries. Perhaps you have suffered disfiguring scars. Maybe you are struggling with the effects of smoke inhalation. Whatever the case may be, access to high-quality medical treatment is essential. Accident victims should always seek prompt medical care – even if they’re not sure how bad their injuries are.

Three Confirmed Deaths After Fiery Georgia Car Accident

Fiery crashes can easily become fatal. In August of 2024, three deaths were reported after a fiery wreck in Georgia. Police say that three vehicles were involved in the crash, and one of these vehicles erupted into flames after the collision. Although first responders were quickly called to the scene, they arrived to find a group of individuals entrapped within the vehicle. One can only assume that these were the three individuals who perished.

Car Runs Up Tow Truck Ramp, Flies Through Air, Injuring One Person

April 28, 2023 | Benjamin S. Persons, IV

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.

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

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

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

Deadly Fireball Wreck in Atlanta

March 4, 2022 | Benjamin S. Persons, IV

Police are unsure what caused a serious injury collision on Interstate 20, but they are certain that the crash killed two people and seriously injured several others, including an infant and a teenager.

Investigators believe that a Chevrolet pickup swerved to avoid a Dodge Charger and slammed into a retaining wall. The Charger’s driver and a pickup’s passenger died at the scene. All injured victims, including the two children, were rushed to a nearby hospital with serious injuries.

A dog in one of the vehicles was also seriously injured.

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.

Ga. Appeals Court Declines to Recognize “Family Purpose Doctrine” as an Affirmative Defense in Personal Injury Cases

March 20, 2020 | Benjamin S. Persons, IV

Is a parent automatically liable for a car accident caused by their minor child? Not under Georgia law. That said, there is an exception known as the “family purpose doctrine.” The doctrine dates back to a 1915 case, where the Georgia Supreme Court said:

If a father or mother, owning an automobile, and keeping it to be used for the comfort and pleasure of the family, should authorize a son to drive it for the comfort or pleasure of the family, this would make the owner liable for the negligence of the son operating the machine for such purpose.

The General Assembly later codified a form of the family purpose doctrine, which states a person is “liable for torts committed by … his child … by his his command or in the prosecution and within the scope of his business.” The Supreme Court further in a 2000 case that there are four preconditions to applying the doctrine: