Negligence

Published on: May 27, 2015

Two Truck Accidents in Georgia Raise Issue of Highway Safety Measures

Accidents involving large trucks or tractor-trailers often cause serious damages and injuries due to the sheer size of the vehicles. Victims of these accidents may sustain cuts and bruises, broken bones, head trauma, and other life-altering or threatening injuries. In many cases, the victim may be entitled to recover compensation for any suffering and losses attributable to the negligence of another driver. Some of the complicated parts of a personal injury action are determining who is responsible for the accident, preparing the appropriate pleadings and evidence, and ensuring that all local rules and laws are followed. In order to accomplish these legal tasks and others required to file a suit, it is important that you consult with an experienced Atlanta injury attorney as soon as possible after the accident.

According to a recent news article in the Atlanta Journal Constitution, there were two separate deadly tractor-trailer accidents on I-16 in less than a month’s time. These devastating accidents caused multiple fatalities and other serious injuries. In a later article, the most recent accident was described as “almost a re-enactment” of the earlier crash. These two horrific accidents, just weeks apart, have added to the already intense debate over trucking safety regulations. While it is not clear what caused either accident, the article suggests that there are certain safety measures that could be instituted to improve tractor-trailer safety.

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: May 6, 2015

Georgia Court Denies Fees and Expenses in Premises Liability Case

By Stephen M. Ozcomert

Parties to personal injury cases often attempt to settle the claims without going through a trial. Depending on the circumstances, settling claims may potentially serve to limit costs and shorten the entire process. But it is important to keep in mind that the settlement stage, like most phases of any negligence action, is highly regulated by state law, and parties must adhere to applicable provisions of the Georgia Code. Failing to comply with these requirements could result in the dismissal of any and all claims. For a proper assessment of your case, and to ensure that applicable legal provisions are complied with, it is important that you contact an experienced injury attorney from the local Atlanta area.

Section 9-11-68 sets forth the requirements for parties to follow when preparing an offer of settlement for the other side. First, they must identify the claim or claims that the offer is attempting to resolve. Second, the offer must state with “particularity” any relevant conditions. This law allows a defendant to recover reasonable attorney’s fees and expenses from the date the plaintiff rejects the offer of settlement through the entry of judgment, if the final judgment is one of no liability. According to Georgia case law, the purpose of the statute has been to encourage litigants in negligence cases to prepare and accept “good faith” settlement proposals, in order to avoid unnecessary litigation.

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 11, 2015

Georgia Court Looks to Terms of Franchise Agreement in Negligence Action

By Stephen M. Ozcomert

The primary reason to file a personal injury claim against another person or entity is to recover damages for the victim’s pain and suffering and financial losses. Very often, the injured party has suffered serious injuries and is hoping to recover medical costs, lost wages and other items. In order to successfully bring the lawsuit, the plaintiff must properly allege and provide sufficient evidence of the defendant’s negligence. Under the Georgia Code, “ordinary negligence” is the absence of the degree of care that is exercised by an ordinarily prudent person under the same or similar circumstances. There are many ways to assert a negligence cause of action. In order to determine the best legal strategy for your accident and injury, you are encouraged to contact an experienced injury attorney from the Atlanta area.

Every negligence case is based on a unique set of facts, which typically gives rise to the type of allegations you may successfully bring. In a recent personal injury case, Kids R Kids International, Inc. v. Cope et al. (Ga. Ct. of App. 2015), the plaintiff (guardian of the minor child – injured party), filed suit against two entities: the child’s day care center as well as the franchisor, KRK. Here, the three-year-old child incurred injuries to his face when he collided with a metal gate in the school’s play area. The child’s mother brought this negligence action against both defendants, alleging that they failed to exercise reasonable care in providing services to her child, properly observe and monitor her child, properly inspect the facility, properly secure the classroom, keep the premises safe, and protect her child from an unreasonable risk of harm of which they knew or should have known.