car accidents

Disputed Traffic Sign Leads to Revival of Accident Lawsuit

December 17, 2016 | Benjamin S. Persons, IV

As a general rule, a driver is considered negligent, and therefore responsible for a car accident, if he or she disregards traffic signs. For example, if a driver speeds through a red light and hits another vehicle, he or she is liable for any damages sustained by the other driver. In some car accident cases, however, it may not be immediately apparent whether a driver was reckless in failing to obey traffic signs.

Richards v. Robinson

Here is an illustration from a recent Georgia Court of Appeals decision. This case involves a two-car accident that occurred in Gwinnett County. The defendant was driving a school bus in the far-right eastbound lane of Five Forks Trickhum Road, which intersects the Ronald Reagan Parkway. The plaintiff was driving his vehicle on the eastbound land of Five Forks Trickhum Road.

Do I Need to Preserve My Wrecked Car Following an Accident?

November 18, 2016 | Benjamin S. Persons, IV

In any kind of personal injury lawsuit, it is critical for the parties to the case to preserve any evidence that may be relevant to the litigation. If a party intentionally or negligently destroys relevant evidence, this is known as spoliation, and a judge may impose sanctions, up to and including dismissing the case (if the plaintiff is at fault) or issuing a default judgment against the defendant. However, a court must also consider all relevant facts and circumstances in deciding whether or not sanctions are necessary.

Cooper Tire & Rubber Company v. Koch

A recent Georgia Court of Appeals decision illustrates how not all spoliation is fatal to a plaintiff’s case. This decision involves an ongoing product liability claim arising from a fatal car accident. The victim was driving his vehicle on a Georgia interstate “when his left rear tire detached,” according to court records. The vehicle “swerved out of control,” hit a guardrail, overturned “several times,” and finally came to a stop in a ditch.

Georgia Judge Settles Question of Who Owned Car on Day of Fatal Accident

August 13, 2016 | Benjamin S. Persons, IV

Insurance policies frequently cover any damages incurred due to a car accident. But it is not unusual in Georgia for insurance companies to disclaim or otherwise reject coverage if the insured does not strictly comply with all terms of the policy. In some cases, insurance companies may end up fighting among themselves over who is liable for any damages arising from a personal injury claim.

Selective Insurance Company of America v. Russell

A federal judge in Gainesville recently addressed such a case. This is one of two lawsuits arising from a 2011 car accident. Two vehicles collided, resulting in the death of a passenger in one of the cars. The driver of Car A and the estate of the deceased passenger sued the driver of Car B in Georgia state court.

Georgia Court Sorts Out Uninsured Motorist Coverage Involving Multiple Insurers

June 24, 2016 | Benjamin S. Persons, IV

Uninsured motorist coverage extends the protection of your own automobile insurance to accidents caused by another party who lacks sufficient insurance to compensate you for any injuries. For example, let’s say a drunk driver hits you. You subsequently sue the driver and win $1,000,000 in damages from the jury. But the driver only has $25,000 in insurance and lacks any other assets to pay the remainder of the judgment. In this situation you could seek compensation under your own policy’s uninsured motorist coverage.

Coker v. American Guarantee and Liability Insurance Company

The above example seems relatively straightforward. But what happens when there are multiple insurers who may be liable for the same accident? A federal appeals court in Atlanta recently addressed such a case.

Georgia Accident Victim Says Social Media Company’s Negligence Caused Crash

April 29, 2016 | Benjamin S. Persons, IV

Distracted driving is a leading cause of car accidents. This is why “texting while driving” is illegal in Georgia and many other states. State law expressly forbids anyone from operating a motor vehicle “while using a wireless telecommunications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data.”

Maynard v. McGee and Snapchat, Inc.

When distracted driving does lead to a car accident, the driver may face a personal injury lawsuit from the victims. A lawsuit recently filed in Spalding County, Georgia, raises the novel question of whether a social media company may also be liable for encouraging distracted driving by its users. The lawsuit, which is still in its early stages, has already sparked international media attention.

Determining Negligence in a Car Accident When Each Party Blames the Other

March 25, 2016 | Benjamin S. Persons, IV

Negligence exists under Georgia law whenever a person breaches a “legal duty to conform” to a specified legal standard, and as a result, another person suffers an injury or loss. In the context of a car accident, for example, a person may be negligent if he or she fails to follow the rules of the road, thereby causing an accident that injures another driver or damages their vehicle. Indeed, many personal injury cases come down to establishing which driver’s actions were responsible for the accident.

Newsome v. LinkAmerica Express, Inc.

In a recent case, a divided Georgia Court of Appeals reinstated a lawsuit arising from an accident where a car hit a parked tractor trailer. Both parties—the driver and the tractor trailer owner—claimed the other party’s negligence was the sole cause of the accident. The trial court sided with the defendant, while a majority of the Court of Appeals said the plaintiff should at least be permitted to argue his case before a jury.

The Difference Between General and Limited Releases in Car Accident Settlements

March 4, 2016 | Benjamin S. Persons, IV

Litigation is not uncommon following an auto accident. In many cases, the parties can still settle their dispute without the need for a full-blown jury trial. But before agreeing to any settlement, it is essential each party understands what rights they may be giving up. A settlement is a contract, which means there must be a “meeting of the minds” in order for the agreement to be enforceable.

Cone v. Dickenson

Recently the Georgia Court of Appeals addressed a dispute arising from just such a settlement agreement. The plaintiff and the defendant were in a car accident. The plaintiff sued the defendant, alleging his negligence caused the accident.

Insurer Liable for $5.4 Million Judgment in Defective Auto Repair Case

February 21, 2016 | Benjamin S. Persons, IV

We often hear about cases in which a person is injured in an accident due to a defect in the manufacturing of a car. But there are also cases in which someone may be injured due to an improper repair made to a car. As with manufacturing and design defects, a bad repair may not be immediately obvious to the driver, yet still produce catastrophic effects months, even years, later.

Lee v. Universal Underwriters Insurance Company

In 2005, a well-known auto manufacturer issued a recall for one of its 2000 model-year vehicles. An owner of one such vehicle brought his car to a Georgia dealership to receive the appropriate repairs. Unfortunately, the dealership’s service technician did not perform the repair correctly, causing damage to the vehicle’s cruise-control cable.

What Happens When Two Insurance Policies Cover the Same Accident?

February 12, 2016 | Benjamin S. Persons, IV

If you are injured in an accident and the other driver lacks sufficient insurance to cover any damages, you may turn to your insurance policy’s uninsured motorist coverage. But what happens if you are eligible for uninsured motorist coverage under two different insurance policies? Which policy has priority? The Georgia Court of Appeals recently addressed this question.

Sentinel Insurance Company v. USAA Insurance Company

This case began with a rear-end collision. One driver sued the other for negligence. The plaintiff also served two insurance companies as co-defendants. She claimed eligibility for uninsured motorist benefits under both companies’ policies.

Supreme Court Says Insurers Can Not Go After Accident Victim’s Personal Assets

January 22, 2016 | Benjamin S. Persons, IV

Although lawsuits arising from car accidents are usually dealt with under state law, there are questions of federal law that may arise from any settlement or judgment received by a victim. For example, if the victim received benefits from his or her employer-sponsored health insurance following an accident, the insurer may be entitled to enforce a lien against the proceeds from any personal injury lawsuit. The United States Supreme Court recently addressed the related question of how far an insurer may go to enforce such a lien.

Montanile v. Board of Trustees of Nat. Elevator Industry Health Benefit Plan

This case originated in Florida. In 2008, a drunk driver ran a stop sign and hit another vehicle. The victim suffered serious injuries that required extensive medical care. The victim had health insurance through an employer-sponsored plan governed by federal law. Altogether, the insurer paid over $120,000 for the victim’s medical care following the accident.