car accidents

Federal Judges Ask Georgia Supreme Court to Resolve Questions Regarding “Bad Faith” Insurance Laws

October 9, 2020 | Benjamin S. Persons, IV

When an auto insurer unreasonably refuses to settle a personal injury claim against one of its policyholders, the policyholder can turn around and sue the insurance company for acting in “bad faith.” If successful, a bad-faith lawsuit can mean the insurer is liable for the full amount of any judgment that the accident victim obtained against the policyholder.

Whiteide v. Geico Indemnity Company

A federal appeals court recently asked the Georgia Supreme Court to resolve a number of legal questions arising from a successful bad-faith coverage lawsuit. The case was tried before a jury in federal court following Georgia state law. In situations like this, a federal court may opt to “certify” unresolved legal questions to the state’s supreme court before proceeding further.

Insurance Company Faces “Bad Faith” Lawsuit Over Failure to Settle Drunk Driving Accident Claim

September 18, 2020 | Benjamin S. Persons, IV

Georgia law requires insurance companies to act in good faith when resolving auto accident claims. For example, if you are injured in an accident caused by another driver’s clear negligence, the other driver’s insurance company is expected to make a good-faith effort to negotiate a settlement, especially when your damages meets or exceeds the limits of the actual policy. Conversely, if the insurer acts in bad faith, you can file a lawsuit and seek additional damages.

Kemper v. Equity Insurance Company

For example, a federal appeals court recently revived a bad-faith lawsuit brought against an insurance company by the victim of a motorcycle accident. The plaintiff in this case, Kemper v. Equity Insurance Company, was driving her bike down a road in Coweta County, Georgia. Another driver, who it turned out was intoxicated, crossed the centerline of the road and crashed into the plaintiff, causing her serious injuries.

Atlanta Judge Allows Punitive Damages Claim Against Trucking Company Over 2016 Accident

August 28, 2020 | Benjamin S. Persons, IV

In general, monetary damages in a personal injury case are meant to compensate the victims for their losses. But there are cases in which a jury may award what are known as “punitive damages.” These damages are not meant to compensate, but rather to punish. Put another way, punitive damages are designed to “send a message” that certain types of outrageous or egregious misconduct will not be tolerated in a civilized society.

Punitive damages are considered an extraordinary remedy under Georgia law. This means that it is not enough for a plaintiff to show they were injured by the defendant’s negligence. Rather, state law requires proof by “clear and convincing evidence” that the defendant engaged in “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.”

Ferguson v. Garkuhsa

Ga. Court of Appeals Dismisses Accident Lawsuit Against Baldwin County

May 31, 2020 | Benjamin S. Persons, IV

When an employee of a private business causes an auto accident, the victim can seek to hold the employer accountable under the legal principle of vicarious liability. What happens when the employee works for a local government? In that scenario, it is still possible to hold the public employer accountable, but there are a number of procedural hurdles that the victim must clear first.

Green v. Baldwin County Board of Commissioners

A May 5 decision from the Georgia Court of Appeals, Green v. Baldwin County Board of Commissioners, illustrates the difficulty such hurdles can pose. This case involves a June 2015 auto accident in Baldwin County. The plaintiff was stopped at an intersection when a police car driven by a sheriff’s deputy rear-ended her.

11th Circuit: Multiple Collisions Caused by Negligent Dump Truck Driver is a “Single Accident” Under Georgia Law

May 8, 2020 | Benjamin S. Persons, IV

This may sound like a test question from an introduction to philosophy class: If a truck hits two vehicles in succession, one right after the other, is that one accident or two accidents? When it comes to dealing with insurance companies, however, this is not just a hypothetical issue. How the law defines “accident” can significantly affect the award of insurance benefits to accident victims.

Grange Mutual Insurance Company v. Slaughter

The U.S. 11th Circuit Court of Appeals in Atlanta recently confronted this “one accident or two” question in a complex personal injury case, Grange Mutual Insurance Company v. Slaughter, arising from an October 2015 incident. The driver of a dump truck owned by Four Seasons Trucking (FST) illegally crossed a center line and hit two other vehicles in rapid succession.

Vicarious vs. Direct Liability: Holding Georgia Employers Accountable for their Employees’ Negligence

August 23, 2019 | Benjamin S. Persons, IV

When a car accident occurs, there may be more than one party who is liable for the victim’s injuries. For example, if the negligent driver was acting on behalf of an employer, the latter can be sued under a number of legal theories. Depending on the specific facts of the case–as well as the defendant employer’s response to the lawsuit–some of these theories may be unavailable to the victim.

Terry v. Old Hat Chimney, LLC

Take this recent decision from the Georgia Court of Appeals, Terry v. Old Hat Chimney, LLC. This case began with a rear-end auto accident that took place in July 2016. The plaintiff claims the other driver, one of the defendants, was liable for his injuries arising from said accident.

4th of July Accident Leads to Lawsuit Against Fireworks Sellers

August 2, 2019 | Benjamin S. Persons, IV

Each year, many Georgians celebrate the 4th of July by purchasing and setting off their own fireworks despite the known safety risks. Unfortunately, this can lead to tragic outcomes. Not only is there is the potential for something to go wrong when setting off fireworks in an unsupervised environment–the mere act of transporting them can pose a risk to life and limb as well.

Pisciotti v. Abney

A recent lawsuit filed in Valdosta, Georgia federal court, Pisciotti v. Abney, offers just one example of what can go wrong. This case involves an accident that occurred on the 4th of July in 2017. Four teenagers were traveling in a Jeep through Hamilton County, Florida. The driver is one of the defendants in this case, while the victim was one of his passengers.

Georgia Court Rejects Test Drivers’ UM Claim Against Auto Dealership’s Policy

June 29, 2018 | Benjamin S. Persons, IV

Uninsured motorist (UM) coverage provides you with important financial protections in the event of an accident with a driver who lacks sufficient insurance to fully compensate you for your injuries. What about a situation in which you are driving someone else’s car? Can you claim UM benefits under their policy?

Jones v. Federated Mutual Insurance Company

The Georgia Court of Appeals recently addressed this issue in the context of a somewhat unusual case. The plaintiffs were test-driving a car owned by a dealership. At the time, neither plaintiff had his or her own auto insurance.

When is a Georgia Insurer Not Liable for Accident Coverage Under an Umbrella Policy?

February 23, 2018 | Benjamin S. Persons, IV

Many Georgia residents take out umbrella policies to provide liability coverage above and beyond their standard auto insurance. Umbrella policies are especially beneficial to victims who sustain financial losses in excess of the normal car insurance policy. For example, if your injuries following a car accident cost you $500,000 in lost wages and medical expenses, and the other driver’s policy only has a $250,000 limit, an umbrella policy can make up that difference.

Government Employees Insurance Company v. Gordon

Of course, that assumes that the company that issued the umbrella policy does not attempt to disclaim coverage. As we know all too well, insurers will never hesitate to try and avoid paying when they can. Here is a recent federal case involving the application of Georgia law in which a court addressed an insurance company’s attempt to avoid its obligations.

Does a Fianceé Qualify for Accident Benefits Under a Car Insurance Policy?

January 31, 2018 | Benjamin S. Persons, IV

One of the recurring questions that arise in personal injury cases is determining who is covered by an auto insurance policy. Since most claims are paid via some form of insurance, whether it is that of the negligent driver or the victim’s own uninsured motorist coverage, it is critical to ascertain from the outset who is and is not covered. Rest assured, the insurance company will make every effort to deny coverage if it has a plausible legal reason to do so.

Stanley v. Government Employees Insurance Company

The Georgia Court of Appeals recently addressed an interesting variant of our recurring question: Does an uninsured motorist (UM) policy cover the fianceé (or common law spouse) of a named insured? The plaintiff in this personal injury case was driving a vehicle owned by his employer when he was the victim of a head-on collision with another driver. The plaintiff sustained serious injuries and sued the other driver for negligence.