Articles Posted in Auto Accidents

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Car accidents can occur under any number of circumstances, from multi-vehicle collisions to a single car crash.  No matter what the case, victims injured by another person’s negligent driving may be entitled to recover damages for their pain, suffering and other losses.  There are various state laws and court procedures that apply to car accident claims, depending on the facts of the case. To protect your rights to a recovery, it is critical that you contact an experienced Atlanta injury attorney who is fully familiar with the local laws and procedures that are applicable to all types of car accident claims.

There are many instances where provisions of the state’s uninsured motorist (“UM”) statute could affect a victim’s potential recovery amount. For instance, if an insured driver is injured in an accident with a person who has no automobile insurance, the UM statute could serve to increase the victim’s coverage.  The Georgia code also allows drivers in one-car accidents to obtain UM coverage, under certain specified circumstances. Under the law, a motor vehicle will be deemed to be uninsured if the owner or operator of the motor vehicle is unknown.

Drivers seeking such recovery are expected to show some evidence of physical contact between the insured’s vehicle and the unknown vehicle, or present eyewitness testimony corroborating the insured’s description of how the accident occurred.  In a recent case, Leslie v. Doe, Ga. Ct. of App. (2014), plaintiff claimed that he lost control of his vehicle when he swerved to avoid a car that had just pulled out in front of him.  As part of his case, plaintiff submitted an eyewitness affidavit corroborating his description of the accident: that an unknown driver and vehicle caused the one-car accident.  The defendant moved for summary judgment. Continue reading

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For most drivers on Georgia’s local highways, it is common knowledge that the left lane is considered the “passing lane.”  This means that the left lane should be used mainly for passing other cars in the middle or right lane.  Even if the driver in the left lane is operating their vehicle at the speed limit, he or she should still move over to the right, presumably to pass someone on their right.  Of course, this kind of passing lane etiquette is often ignored, which can annoy and anger other drivers on the road. Driving in this manner can lead to road rage incidences and worse, preventable car accidents.  If you have been injured in a car crash with a negligent driver, it is critical that you contact an experienced injury attorney in the Atlanta area.

Fortunately, legislators from the state of Georgia are currently working to rectify the problems associated with ignoring the generally understood passing lane etiquette. According to an article in the Atlanta Journal Constitution, Representative Bill Hitchens introduced House Bill 459, which would make it illegal for a person to drive in the left lane, unless they are passing or overtaking another vehicle on the road. Under the bill, it would be a misdemeanor for someone to drive in the left lane if another car approaches from behind, going faster.

Among other purposes, the Bill was created to foster “lane discipline” and to educate drivers about the need to move out of the way in the left lane.  Under H.R. 459, it would be illegal to drive in the left lane, unless one of the following circumstances exists: 1) a vehicle is passing another vehicle, 2) no other vehicle is directly behind the one in the left lane, 3) when traffic renders it impractical to drive in the right lane, 4) when weather conditions make it necessary to drive in the left lane, 5) when hazards or obstructions exist in the right lane, 6) when a vehicle changes lanes to comply with other laws, 7) when exiting to the left, 8) the need to go through a toll, or 9) when driving in the left lane in order to comply with traffic control. Continue reading

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Car accidents occur with some frequency in and around the Atlanta area.  People who are injured in a car crash due to the fault or negligence of another driver may be able to file a lawsuit to recover compensation for their suffering and losses.  There are many kinds of claims a plaintiff can assert, depending on the circumstances of the accident and the parties involved.  The local state laws and procedures will govern each step of the proceedings.  If you have been injured in a car accident, it is critical that you contact an experienced local injury attorney who will be able to help you achieve the best possible recovery in your case.

In a recent case, Mastec North America, Inc. et al., v. Wilson, Ga. Ct. of App. (2014), the plaintiff, Gilda Wilson, was seriously injured in a car accident with a vehicle operated by a person, Gregory Piccione, who was working at the time, driving a pick up truck owned by MasTec.  According to the trial court record, Wilson claimed that Piccione ran a red light and struck her car, causing her to sustain serious injuries.  Piccione denied that it was his fault, asserting that it was Wilson who ran the red light. Significant to this case is MasTec’s admission that Piccione was “in the course of employment” when the accident happened.

There were conflicting accounts of how the accident occurred.  Also, Piccione was talking on the phone at the time of the crash; he was using a hands-free device.  Wilson, who was ejected from the car upon impact, was not wearing a seatbelt at the time.  Wilson brought a suit against Piccione for negligence and against MasTec under a theory of “imputed liability.” As part of these claims, Wilson sought punitive damages against both defendants, while also asserting a claim against MasTec for negligent hiring, retention, supervision, training and entrustment.  She claimed that MasTec conducted a background check of Piccione at the time of hiring and had discovered assorted convictions for speeding and failing to obey a stop sign. These citations were issued while he was driving his own, personal vehicle. He had also never been in a car accident before this one. Additionally, Piccione had completed a defensive driving class while working at MasTec. Continue reading

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A fair amount of car accidents in the Atlanta area involve drivers with no automobile insurance coverage. Motorists who are injured in an accident with an uninsured driver would seem to be in an unfair situation.  But the law in Georgia contains certain provisions that serve to remedy such a situation. The primary purpose of the state’s uninsured motorist statute is to place the injured insured person in the same position as if the offending uninsured driver were actually covered by liability insurance.  There are many complicated legal issues to sort through in a car accident case.  In order to ensure that you receive the maximum recovery for your injuries and damages, it is critical that you contact an experienced injury attorney who is fully familiar with the local laws in Georgia.

Not every state’s laws are alike. The extent of a plaintiff’s recovery in a car accident case could depend on which state’s laws apply to the matter. In St. Paul Fire and Marine Ins. Co. v. Hughes, Ga. Ct. of App. (2013), the court was asked to determine whether Indiana or Georgia law applied to the dispute.  In this case, Hughes, a resident of Georgia, was involved in two-vehicle accident that occurred in Georgia.  At the time, he was driving a truck that was owned by his employer, Townsend Tree Service Co., Inc. (“Townsend”). Significant to this case was that although the truck was “principally used and garaged in Georgia,” it was registered in Indiana.

After suing the other driver, Hughes settled his claims for $25,000 (the policy limit). Next, he tried to recover uninsured motorist (“UM”) benefits from Ace American Insurance Company under the vehicle policy issued to Townsend. That policy, however, did not provide UM coverage because Townsend had rejected such coverage.  Hughes resorted to seeking UM benefits under the St. Paul Policy.  St. Paul moved for summary judgment arguing that Indiana law applied to the case, which did not require UM coverage at that time.  The trial court denied the argument and concluded that Georgia law applied to the case, noting that St. Paul is licensed in Georgia and the truck was principally garaged and used in Georgia. Continue reading

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Plaintiffs in a personal injury action arising from a car accident typically bring a negligence lawsuit against the other driver or drivers involved in the collision.  But negligence actions can arise from any number of circumstances, and the facts and parties involved can make a huge difference in the outcome of the proceedings.  In order to achieve the maximum recovery, it is critical that a person who has been injured in a car accident reach out to an experienced injury attorney who is fully apprised of the local laws, rules and procedures in the Atlanta court system.

In certain cases, a plaintiff may not be able to recover damages for injuries sustained in a car accident.  In a recent Georgia Supreme Court case, Stevenson v. City of Doraville, et al., Ga. Sup. Ct. (2013), the plaintiff was injured while driving on Interstate 285 during a rainstorm.  He was in the lane nearest the median of the six-lane highway when his car started malfunctioning.  The plaintiff tried to maneuver his car over to the right shoulder of the road, but he only reached the third lane from the right.  At that point, he saw a police vehicle with its emergency lights on near the right shoulder of the road. The officer turned on his flashing lights when he saw that the plaintiff was having car trouble.  Once the car stopped moving, the officer’s vehicle was to the right and behind the plaintiff’s.

The plaintiff turned on his hazard lights and waited in the car for the officer’s assistance.  The officer however reported the problem and decided not to try to approach the stalled vehicle due to the traffic on the road. After waiting for a few minutes without receiving any assistance, the plaintiff got out of his car and tried to get the attention of the officer.  Moments later a tractor-trailer truck hit his car, which next crashed into the plaintiff, resulting in a multi-vehicle accident.  The plaintiff sued the City of Doraville and the officer claiming that he was negligent in failing to redirect traffic away from the disabled car and thereby causing the traffic to move toward the plaintiff’s car by turning on his emergency lights while stopped at the outer lane of the highway right near the plaintiff’s car. Continue reading

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Motorists in and around Atlanta are expected to drive carefully on the roads.  Like most states, Georgia law requires all drivers to exercise “ordinary care” with respect to other drivers on (or users) of the highway. If a driver fails to exercise such care and causes an accident resulting in injuries and/or other damages, he or she may be liable.  There are many elements that must be proven to be successful in a negligence claim against another driver.  If you have been hurt in a car accident, it is critical that you reach out to an experienced injury attorney who is fully familiar with the local laws and rules governing personal injury actions.

Hiring an attorney who has the requisite experience to handle a negligence action cannot be overstated.  The right attorney will understand how to plead the essential elements in the action, as well as know the kind of evidence that is suitable to support those claims.  In the personal injury case, Eatmon v. Weeks, Ga. Ct. of App. (2013), neither party was found to be negligent.  Here, Princess Eatmon was driving in the left northbound lane of Dawson Road and Flaval Weeks was driving a pick up truck in the opposite direction as it veered across the turning lane that separated the south- and northbound roads.  Weeks’ pick up truck hit Eatmon’s car.

As a result of the crash, Eatmon suffered a broken leg and other injuries, and Weeks sustained a head wound.  Weeks was unable to tell the responding officer anything about the car accident.  In fact, a doctor diagnosed Weeks as having had a stroke that day, and he died a few weeks later.  Eatmon filed a negligence lawsuit against Weeks’ estate, which counterclaimed for the same.  The trial court denied both parties’ cross-motions for summary judgment.  The court of appeals reversed the lower court’s decision, granted both parties’ motions for summary judgment, and found that neither party presented evidence of the other’s negligence. Continue reading

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Car accidents are a frequent occurrence in Atlanta and throughout the state of Georgia.  Because car accidents have the potential to cause injuries to innocent victims, prudent drivers typically secure insurance policies to cover future claims for damages. No two cases are identical, and depending on the specific circumstances and parties involved, there are various ways to pursue a claim for recovery of one’s losses.  Victims of car accidents who have sustained pain and suffering are entitled to maximize their right to compensation.  To do so, it is critical that you contact an experienced injury attorney who is fully aware of the local laws and procedural rules applicable to the case.

In a recent case, Hospital Authority of Clarke County et al. v. Geico General Ins. Co., Ga. Sup. Ct. (2014), the highest court in the state reversed the court of appeals, and in doing so, set forth its own interpretation of a statute of limitations provision applicable to recovery on hospital liens. The case emanated from a car accident that occurred in March 2010 between Justyna Kunz and Crystal, Joseph and Elizabeth Kalish. Kunz sought medical treatment at Athens Regional Medical Center.  The Medical Center and the Hospital Authority of Clarke County (hereinafter, the “Hospitals”) filed three separate hospital liens totaling $66,999.22. Kunz then sued the Kalishes, who were insured by Geico Insurance Company.

On September 10, 2010, in a letter to Kalishes’ attorney, Kunz accepted their $100,000 policy limit settlement offer. A short time later, on September 23, Kalishes’ attorney also sent a letter confirming the agreement and enclosed a settlement check for $100,000, along with the necessary documents. Significantly, the settlement agreement was officially signed on October 8, 2010, and in order for it to be effective, Kunz was required to satisfy the above-referenced hospital liens. According to the facts of the case, the liens were not satisfied. Continue reading

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Many personal injury actions involve car or other motor vehicle accidents.  Typically, the drivers’ insurance companies get involved to help settle and resolve the matter.  The importance of knowing and understanding the local laws applicable to a personal injury claim cannot be overstated.  In a recent case, Kemper v. Brown, Ga. Ct. App. (2014), the court threw out a purported settlement agreement, concluding that the insurance company’s response to the settlement offer constituted a counteroffer, instead of a mutually agreed upon settlement.  To ensure that someone with experience and dedication handles your case, you are encouraged to contact a local Atlanta personal injury attorney with a proven success record representing victims in car accident cases.

In the case mentioned above, the plaintiff, Kemper, was injured when a vehicle driven by Brown struck her motorcycle. Kemper sustained serious injuries and was taken to Atlanta Medical Center to receive emergency treatment for her injuries.  Law enforcement charged Brown with several traffic violations, including driving under the influence and reckless driving.  Each party had automobile insurance: Kemper was insured by Progressive Insurance Company and Brown was insured by Equity Insurance Company, who later assigned the claim to its third-party carrier (claims administrator), Statewide Claims Services.  The policy under Equity contained a $25,000 per person bodily coverage limit.

Kemper sent a demand letter to Statewide, requesting that it send the maximum amount under the insurance policy, and in response, Kemper promised to sign a limited release.  She set forth a deadline and information concerning to whom the check should be made payable. In response, Statewide sent the $25,000 check attached to a letter to Kemper, agreeing to settle the claims, but adding a demand that the money received be placed in an escrow account with respect to any liens pending.  Due to this language in the letter, Kemper considered it a counteroffer, rejected the terms and filed suit against Brown. Continue reading

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Car accidents are a common occurrence in and around the Atlanta area.  Unfortunately, many innocent victims are injured each year as the result of one driver’s negligence while behind the wheel.  Injuries sustained in car accidents can range from mild scrapes and abrasions to more serious matters such as broken bones, head trauma, paralysis and even death.  For victims of such cases, it is critical to speak to an experienced, local injury attorney as soon as possible after the accident to determine your rights to compensation for any suffering and losses.

There are many important procedural steps to take when initiating a personal injury action.  The local laws can be confusing and there are critical time limitations to adhere to every step of the way.  Another important aspect of any injury case involving a car vehicle accident is the victim’s right to recover under various insurance policies, depending on the circumstances.  The manner in which one handles the case can impact a victim’s entitlement to a potential damages recovery.

In a recent case, Newton v. Ragland, Ga. Ct. of App. (2013), the appellate court reversed the lower court’s refusal to enforce a settlement agreement in a personal injury action that arose from car accident.  In March 2009, Newton ran a red light at an intersection and crashed into Ragland’s vehicle.  As a result of the accident, Ragland sustained severe injuries.  Newton’s vehicle was covered under two separate insurance policies: her own automobile liability insurance (USAA General Indemnity Company policy) and a Zurich Insurance Company policy that was held by a dealership that owned the car at the time of the accident. Continue reading

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What happens when you file a lawsuit and the defendant doesn’t respond? Perhaps they hope that it will just go away? It doesn’t. In order to address cases whereby defendants are non-responsive, our justice system has a mechanism referred to as default judgment. However, simply not receiving a response does not necessarily mean that you may be entitled to a default judgment. There are certain requirements that must be met.

A recent decision entered by the United States District Court, M.D. Georgia, Valdosta Division gives a thorough explanation of how a default judgment works in the context of a negligence lawusit following an injury car accident.

In the case, Mata v. Gallon, Dist. Court, M.D. Ga. (2013), the plaintiff filed a lawsuit following a car accident. According to her testimony, the defendant hit the car in which the plaintiff was traveling, as a result of speeding and losing control of his vehicle. As a result, the plaintiff was ejected from the vehicle she was in. Plaintiff was hospitalized for approximately three weeks for the severe injuries she suffered as a result of the collision. These included injuries to her neck and back, skull fractures, spinal column injuries, jaw injuries, and loss of an eye. Due to her jaw and skull injuries, plaintiff’s jaw had to be wired shut for some six weeks, and metal plates were placed in her face and head.

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