Auto Accidents

Published on: June 3, 2015

Georgia Supreme Court Resolves Issue of Burden of Proof in Uninsured Motorist Claim

In any personal injury lawsuit arising from a car accident, the parties will each be expected to plead and present evidence that supports their relative legal positions. Depending on the facts and the procedural phase of the case, the burden of proof often shifts from one party to another as evidence is presented. Since each car accident case is unique, courts sometimes must step in to resolve questions concerning which party is obligated to prove certain elements of a claim. To ensure that your car accident case moves along efficiently and with the best possible strategy for a recovery, it is important that you contact a local Atlanta injury attorney who is fully familiar with the court’s procedural requirements applicable to such claims.

The Georgia Supreme Court recently addressed a dispute between an insured plaintiff and his uninsured motorist (“UM”) carrier over which party had the burden to prove that the “at-fault” driver was not insured within the meaning of the UM policy. In this case, Travelers Home and Marine Insurance Company v. Castellanos (Ga. Sup. Ct. 2015), the plaintiff was injured in a car accident in 2009. He brought a negligence suit against Jose Santiago, the alleged “at-fault” driver. The plaintiff received a judgment against Santiago for damages, both punitive and compensatory. During the trial, Santiago’s insurer, United Automobile Insurance Company (“United”), defended the case, but Santiago did not attend the proceedings.

Published on: May 20, 2015

Georgia Supreme Court Rules Plaintiff Entitled to Uninsured Motorist Benefits

By Stephen M. Ozcomert

A person who is injured in a car or truck accident, due to the negligence of another, may file a claim or lawsuit against the responsible party or parties to recover damages for their suffering and losses. In many of these cases, the plaintiff must be sure to serve the automobile insurance carriers in order to fully recover under the applicable policies. Determining one’s eligibility to recover under Georgia law, to what extent, and under which insurance policies are all complicated and case-specific questions. The answers are not necessarily easy to predict and often require thoughtful analysis by an experienced Atlanta injury law attorney who handles car accident claims, and who can assess your case and prepare a solid strategy for recovery.

In a recent case arising from a car accident between a truck and a County school bus, FCCI Insurance Company v. McLendon Enterprises, Inc., et al. (Sup. Ct. of Ga. 2015), the highest court in the state agreed to resolve an issue regarding an injured party’s eligibility to recover uninsured motorist benefits. According to facts revealed in the District Court, Brooks Lamar Mitchell was an employee of McLendon when he was driving a truck with two passengers and collided with a County bus. Mitchell and his two passengers allegedly sustained various injuries as a result of the accident. In 2013, Mitchell sued the driver of the bus and the County Board of Education in order to recover damages for his injuries. Mitchell also served FCCI, his employer’s uninsured motorist (“UM”) insurer.

Published on: May 13, 2015

Georgia Supreme Court Upholds Plaintiff’s Right to Pursue Emotional Distress Claim

By Stephen M. Ozcomert

Depending on the specific circumstances, a person injured in a car or truck accident may be entitled to recover damages under a variety of legal principles. Ordinarily, an accident victim will bring a negligence lawsuit against the potentially responsible parties, seeking compensation for physical and emotional pain and suffering. There are many different issues that can affect the victim’s eligibility to recover damages, such as the nature and extent of one’s injuries and whether another person’s negligence caused the damages. Of course, there are plenty of legal steps to follow and satisfy in order to successfully bring a negligence case. If you have been hurt in an accident, the best course of action is to consult with an experienced injury attorney from the Atlanta area, someone fully familiar with the local laws applicable to such cases.

In some cases, courts must get involved to determine whether a plaintiff has successfully stated a negligence claim for which relief may be sought. In a recent case, Oliver et al. v. McDade et al. (Ga. Sup. Ct. 2015), the Georgia Supreme Court upheld the court of appeals’ decision to allow a plaintiff to pursue a claim for emotional distress under the pecuniary loss rule. In an earlier blog post, we reported on the lower court’s decision, outlining the facts of the case. To summarize, the plaintiff, John McDade, was a passenger in his own truck that was being driven by his friend Matthew Wood. The truck was towing a trailer at the time of the accident. Wood pulled over to the side of the road in order to check on and secure part of the truck’s trailer. After exiting the truck and walking toward the trailer, a tractor-trailer driven by Jerome Oliver struck the truck and Wood, killing him instantly.

Published on: April 27, 2015

Georgia Supreme Court Upholds Hospital Lien Arising from Car Accident Injuries

By Stephen M. Ozcomert

Car accidents have the potential to cause serious injuries to the parties involved. In some cases, the injured victim must seek treatment at a local area hospital. Sometimes the injuries are extremely serious, requiring the victim to endure a prolonged stay at a hospital. While such continuous care may be necessary, it can also be very costly. Fortunately, many people have health insurance or some other kind of reimbursement plan to help pay for emergency care. But there are some costs that a health plan may not cover. For this reason, hospitals often must file a lien against the patient’s cause of action (essentially, against the “tortfeasor” for causing the patient’s injuries) in order to recover the costs of treating the patient. There are local laws governing this process as well as many others that pertain to personal injury and negligence lawsuits. If you have been injured in a car accident, you may be entitled to recover for any pain and suffering or other losses. You are encouraged to contact an experienced injury attorney from the local Atlanta area as soon as possible.

Published on: April 20, 2015

Georgia Court Denies Punitive Damages in Car Accident Lawsuit

By Stephen M. Ozcomert

In some car accident cases, the injured party may be able to recover punitive damages for their pain and suffering, in addition to compensatory damages. The Georgia Code sets forth the circumstances under which a plaintiff may be entitled to recover such damages in negligence cases. According to the statute, there must be clear and convincing evidence that the defendant’s actions exhibited “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.”

Based on this provision, the Georgia Supreme Court has concluded that punitive damages cannot be imposed without also finding culpable conduct based upon either a willful or intentional act, or those that show an entire want of care and indifference to consequences. If you have been injured in a car accident and want to know whether you may be entitled to a financial recovery, the best course of action is to consult with an experienced injury attorney from the Atlanta area.

In a recent case, Archer Forestry, LLC et al., v. Dolatowski (Ga. Ct. of App. 2015), the plaintiff was injured in a car accident with Steven Ray Archer, who was driving home from work in his employer’s vehicle at the time. The plaintiff brought a negligence action in which she sought punitive damages against the driver and his employer, Archer Forestry, LLC. The defendants moved for summary judgment, arguing that there was insufficient evidence to support such a recovery. Furthermore, the defendants claimed that the plaintiff was prohibited from achieving a recovery, due to her own alleged negligent driving. The trial court ruled in favor of the plaintiff and denied the motion for summary judgment.

Published on: April 13, 2015

Georgia Court Applies Principles of Contract Law to Car Accident Settlement

By Stephen M. Ozcomert

In some personal injury cases, plaintiffs find themselves addressing issues of contract law as well as traditional notions of negligence in order to achieve a recovery of damages. For instance, in a car accident case, once the injured party establishes that another driver was negligent and caused the accident and resulting injuries, the plaintiff will often seek to recover from that driver’s insurance company. This is where principles of contract law may come in. It is important to understand the interplay between these two vastly different legal notions and how invoking certain provisions can affect your claim for damages. An experienced Atlanta injury attorney, who handles car accident cases on a daily basis, would be best situated to assess and prepare your case for the ideal recovery under the circumstances.

Once the injured party establishes liability under negligence principles, his or her attorney may send a letter to the insurance carrier, essentially offering to settle the claim. The letter may outline the plaintiff’s damages as well as other terms necessary to settle the dispute. The insurance company’s response, either accepting or rejecting the offer, could effectuate anything between a full settlement of the case or a complete rejection of the terms. But much is dependent on the language of the respective communications, each party’s intent, and whether the parties reached a “meeting of the minds” under principles of contract law.

Published on: April 8, 2015

Georgia Jury Awards $150 Million to Family of Child Killed in Car Accident Explosion

By Stephen M. Ozcomert

Accidents involving vehicles on local roadways can result in driver and passenger injury, and even death. Many of these tragic cases are caused by negligence of some sort, and on behalf of one or more party, such as the driver, car manufacturer, or some other related entity. Under such circumstances, the victim or the victim’s family may find some relief in being able to hold the negligent party accountable – legally and financially. While a monetary recovery cannot even begin to replace a loved one, it is one way the law operates to serve an innocent victim’s interest. If you or someone you love have been injured in a car accident, it is vitally important that you seek the assistance of a local Atlanta injury attorney, someone who can protect your rights and work to hold the negligent party responsible.

Earlier this month, a Georgia jury reached a verdict in a tragic and horrific case involving the death of a four-year-old child, who was killed when the Jeep he was riding in was struck from behind by a pickup truck and burst into flames. In the case, Walden v. Chrysler Group LLC, Superior Court, Decatur County, jurors concluded that Chrysler was liable for the child’s death and failed to warn customers that the tank’s position could increase the risk of fire in a rear-end crash. According to a news article, almost two years ago, as part of a compromise with the National Highway Traffic Safety Administration, Chrysler agreed to a “scaled-down” recall effort of certain older model Jeeps with rear-mounted tanks. The article further reports that this kind of a rear-mounted tank is susceptible to fires and punctures, due to the fact that there is little structure to protect them in rear-end accidents.

Published on: March 25, 2015

Georgia Court Reviews “Respondeat Superior” Doctrine in Negligence Action Arising from Car-Motorcycle Accident

By Stephen M. Ozcomert

If you have been injured in a car accident with a negligent driver who was operating the vehicle while working within the scope of his or her employment, you may be entitled to recover damages from both the driver and the employer. Keep in mind, however, that under Georgia law, an employer typically will not be responsible for the torts (negligent acts) committed by an employee who exercises an “independent business” and is not subject to the immediate “direction and control” of the employer. But what this truly means, under the facts and circumstances of any one particular case, is often subject to a court’s interpretation.

State courts are guided by earlier case law, within the same jurisdiction, under a similar set of facts. Because each and every car accident case is unique, it is important to understand how a local court would be inclined to view your negligence case. In order to get a clear sense of how a court would rule on your car accident claim, you are encouraged to speak with an experienced injury attorney from the Atlanta area.

Published on: March 4, 2015

Georgia Court Upholds Workers’ Compensation Benefits in Wrongful Death Case

By Stephen M. Ozcomert

The details of a personal injury case, including the intricate facts and circumstances surrounding and leading to the victim’s injuries, can have a profound impact on the extent of any legal recovery. This includes the people or entities involved, the location of the accident or incident, whether a duty of care was owed to the victim, and the extent of the injuries sustained. Additionally, in order to assess one’s claim for damages, it is critically important that the plaintiff have a full understanding of the local state laws affecting the case. In order to protect your rights to a recovery in a car accident or other injury case, you are encouraged to contact an experienced injury attorney from the local Atlanta area as soon as possible.

Reaching out to a seasoned lawyer is one of the best ways to ensure that you have addressed every possible avenue of relief, such as workers’ compensation benefits, among other items. In a recent wrongful death case, Bonner-Hill v. Southland Waste Systems, Inc. (Ga. Ct. of App. 2014), stemming from a car accident, the plaintiff (the wife of the victim) brought a claim for workers’ compensation benefits on behalf of herself and her three children. According to the record below, the victim worked for Southland Waste Systems of Georgia, Inc. The only entrance road to the facility is intersected by railroad tracks.

Published on: February 25, 2015

Georgia Supreme Court Rules on City’s Immunity For Negligence in Car Accident Lawsuit

By Stephen M. Ozcomert

Car accidents are often caused by negligence of some sort. Under Georgia law, negligence is essentially the lack of the degree of care exercised by an ordinarily prudent person under the same or similar circumstances. Negligence within the realm of a car accident can take many forms, such as driver distraction or impairment, excessive speed, failure to obey other safety laws, and a faulty vehicle part or maintenance. Unfortunately, no matter what the cause, automobile accidents are often the cause of driver or passenger injuries. Victims who have sustained such injuries are often eligible to recover damages for their pain and suffering, as well as other losses. An experienced injury attorney from the local Atlanta area would be able to assess your case and potential for a recovery under Georgia’s personal injury laws.

At the outset of any accident case, it is important to determine the people or entities who may be liable for your injuries. This is important for several reasons, including the need to provide legal notice to those parties, the possibility that they may raise unique defenses to the claims, and the significance of holding those responsible for the accident accountable in some meaningful way. In a recent case, Primas v. City of Milledgeville (Ga. Sup. Ct. 2015), the plaintiff was injured in a vehicle accident while driving a van owned by the City of Milledgeville. According to the facts revealed at trial, as the plaintiff approached an intersection and attempted to brake, the brake line failed. The plaintiff managed to steer off the road, but she crashed into a utility pole and sustained injuries.