car accidents

Georgia Court Holds Underinsured Motorist Policy Would Not “Duplicate” Prior Damages

December 18, 2015 | Benjamin S. Persons, IV

If you are seriously hurt in an accident, there are many types of legal injuries that may entitle you to compensation. In addition to paying your immediate medical bills following an accident, you may face future expenses for ongoing care. You may also face lost wages—again, present and future—as well as pain and suffering.

In car accident cases, if a negligent driver lacks sufficient insurance to compensate you for all of your injuries, your own insurance carrier may be responsible pursuant to uninsured/underinsured motorist (UM) coverage. The exact amount of coverage you receive depends on the specific language of your policy. Unfortunately, litigation often arises between accident victims and their insurance carriers over the interpretation of such language.

Mabry v. State Farm Mutual Automobile Insurance Company

Georgia Mother Allowed to Proceed With Lawsuit Against Daughter’s Auto Insurer

December 13, 2015 | Benjamin S. Persons, IV

If you have been in a car accident, your insurance company may attempt to employ every proverbial trick in the book to deny you coverage. Georgia courts are also predisposed to strictly interpret insurance contracts to avoid any ambiguity that may favor the insured party. There are exceptions, as illustrated by a recent Georgia Court of Appeals decision.

King-Morrow v. American Family Insurance Company

In this case, the plaintiff was a woman living with her adult daughter. The daughter held an automobile insurance policy that included uninsured motorist (UM) coverage. The UM coverage applied to “relatives living in the policy holder’s household,” which included the mother.

Georgia Truck Driver Not Entitled to Insurance Benefits After Getting Hit By Log

December 4, 2015 | Benjamin S. Persons, IV

Uninsured motorist coverage is designed, among other things, to compensate you if you are in an accident with an unknown vehicle. A common example is a “hit and run” where the offending driver speeds away and is never identified. In such cases, your insurance carrier is supposed to provide uninsured motorist benefits. You should always keep in mind that insurance is a contract governed by state law, and as with any contract, there may be unusual circumstances that are not covered by the policy.

American Alternative Insurance Company v. Bennett

The Georgia Court of Appeals recently addressed such an unusual case. The plaintiff in this case was driving his tractor trailer down a road in Brantley County, Georgia. According to his testimony, a second tractor-trailer transporting “a load of logs” passed him going in the opposite direction. Shortly thereafter, “a log hanging off of the oncoming log truck struck plaintiff’s tractor, shattering the windshield and causing shattered glass to impact the plaintiff’s eyes and face.”

Cobb County Road Official Not Liable for Storm-Related Death

November 20, 2015 | Benjamin S. Persons, IV

With winter approaching, Georgia drivers need to be careful navigating potentially hazardous road conditions. Although local governments are responsible for most highway maintenance, Georgia law makes it difficult to hold officials responsible for failing to address even life-threatening hazards. The parents of a deceased child tragically learned this lesson recently from the Georgia Court of Appeals.

Jobling v. Shelton

On January 9, 2011, a major snowstorm hit Cobb County, Georgia, dumping upwards of six inches of snow on the area. Cobb County maintains about 2,500 miles of roads, and the County Department of Transportation was responsible for clearing ice and snow from all of them. The Department prioritized roads as “primary” or “secondary” and proceeded to treat all of them over a period of several days.

When is a Car Owner Liable for “Negligent Entrustment” of a Vehicle?

October 16, 2015 | Benjamin S. Persons, IV

If you are injured in a car accident caused by another driver’s negligence, you may have a case against the owner of the car under a legal principle known as negligent entrustment. Under Georgia law, an owner is liable for negligent entrustment if he or she allows someone to use a vehicle despite “actual knowledge” the person is incompetent to drive, either due to “age or inexperience,” “physical or mental condition,” or a “known habit of recklessness.” So, for example, if you allow your unlicensed 15-year-old child to drive your car and she gets into an accident that seriously injures someone, you are liable under negligent entrustment because you knew your child was not of legal driving age and lacked experience.

Brendle v. Templeton

Negligent entrustment is not always so obvious. Here is another illustration from a case currently pending before a federal court in Gainesville, Georgia. A driver fell asleep at the wheel and subsequently got into an accident, injuring the plaintiff. At the time of the accident, the driver was driving his sister’s vehicle, which she allowed him to use.