Articles Posted in Negligence

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A person who has been injured in a car accident may be entitled to bring an action against the negligent driver – to recover damages for any suffering and other losses. Essentially, the law serves to protect the person who has sustained injuries at the expense of another’s negligence. While most people understand these basic rights, many do not realize the intricate legal steps that must be followed in order to successfully file their case. One way to ensure that your case is properly stated and filed is to consult with an experienced injury attorney who is fully aware of the legal requirements that govern the courts in and around the Atlanta area.

In addition to making sure that your lawsuit fully states a claim for which relief may be granted, the plaintiff must file the complaint and serve the defendant(s) within a time period specified by law, also known as the statute of limitations. In some cases, the plaintiff may file the complaint within the statute of limitation, but fail to serve defendant within the requisite time. When that happens, the courts will look to the facts of each case to decide whether the service is proper.

In a recent case, Callaway v. Goodwin (Ga. Ct. of App. 2014), the plaintiff sued the defendant for injuries arising from a car accident. She filed the lawsuit on August 7, 2012, just three days before the statute of limitations expired (August 10th). The local Sheriff’s office perfected service on August 22nd, quite a number of days after the statute’s expiration. Under the local statute, plaintiffs are granted a five-day grace period within which to perfect service. That did not happen in this case. Continue reading

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Victims of motor vehicle accidents involving cars or trucks often sustain both personal injuries and property damage. Plaintiffs who have suffered injuries as the result of a car or truck accident may be entitled to compensation for their suffering and losses. It is important to identify the parties involved, since they may include people or entities that are not readily apparent, such as an insurance company or employer of the driver. If you have been injured in a car accident due to the fault of another, you are encouraged to contact an experienced Atlanta injury attorney who will work to seek the best possible recovery under the circumstances of your case.

One of the reasons that it is important to consult with an experienced, local injury attorney is that no two car accident cases are alike. No matter what type of case, an attorney with extensive experience handling such claims would be familiar with many important factors, such as: 1) the likely defendants (parties against whom the case may be brought), 2) the different arguments that can be asserted, and 3) the extent of damages to which a plaintiff might be entitled. In a recent case, Davis et al., v. Effingham County Board of Commissioners, et al., (Ga. Ct. of App. 2014), the plaintiffs (Theron and Dana Davis) brought an action against a variety of defendants:  a Board of Commissioners, a Sheriff, a Deputy, two private contractors, and one of their employees. The plaintiffs claimed that on May 29, 2009, Mr. Davis was driving on a county road and struck a pothole that was covered by water.

The driver claimed that he suffered injuries upon striking the pothole and that it was located on the edge of the road. In an affidavit, the County Deputy stated that on May 22, 2009, he responded to a call from a driver who reported that she drove over a pothole on the road in question. After inspecting the road, the Deputy found that the only visible potholes were on the shoulder of the roadway, out of the flow of traffic. Despite finding that the pothole was to the right of the white lines, he requested that it be repaired as soon as possible. The County defendants moved for summary judgment. Continue reading

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Car accidents are usually preventable and often caused by driver negligence. Many of these accidents cause serious damage and can result in life-altering injuries. Accidents involving trucks on Atlanta highways have the potential to cause even more devastation, due to the sheer size of an 18-wheeler or other commercial truck.

According to the Governor’s Office of Highway Safety in Georgia, in 2012, there were 153 fatalities from truck accidents on Georgia roadways. In addition to fatalities, drivers involved in these accidents suffer serious injuries, including broken bones, head trauma, and paralysis. If you have been injured in an accident involving a truck, you may be entitled to compensation for your injuries. To seek an optimal recovery, injured victims are encouraged to contact a local injury attorney who has experience handling truck and car accident claims.

A highly publicized and devastating truck accident took place in New Jersey recently, involving a truck driver from Georgia. According to a recent news article, the driver of a Walmart truck crashed into a bus carrying the comedian Tracy Morgan and several others. One person on the bus died, and four other passengers were injured. There has been some question as to whether or not the driver had slept at all during the 24-hour period preceding the accident. The driver of the truck was charged with vehicular homicide and assault by auto. The criminal complaint alleged that the driver of the truck failed to notice that traffic was slowing down in front of him and crashed into the bus carrying Morgan, despite trying to swerve out of the way.

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No two-car accident cases are alike. The facts and circumstances can vary on many different levels, including the types of injuries sustained, the number of vehicles involved, insurance coverage, whether there are other causes for the accident aside from driver negligence, and many other factors. Add to these variables any applicable laws, and it is easy to see why negligence claims arising from car accidents can become complicated fairly quickly. If you have sustained injuries in a car accident due to someone else’s negligence, you may be entitled to compensation for your suffering and losses. To pursue recovery, it is important that you contact an experienced injury attorney from the Atlanta area as soon as possible.

In a recent case, Morrow et al., v. Angkawijana, LLC et al., (Ga. Ct. of App. 2014), Brandon Morrow was killed when Martin Williams, the driver of the car he was a passenger in, turned left into an intersection and collided with another vehicle. After the accident, Williams reported a blind spot when making the left turn just prior to the collision. He later mentioned that the way the road curved and shrubbery at the intersection blocked his view.

Plaintiffs Laura Morrow, the surviving spouse of the deceased Brandon Morrow, and Richard B. Russell, Jr., administrator of the estate, brought an action in 2009 alleging negligence claims against the two drivers and against two companies, Angkawijana, LLC and IMAEX, owner and lessee (respectively) of the property at the intersection where the accident occurred. They later added a third defendant, Russell Corporate Groups, Inc., the landscaping company. Specifically, plaintiffs claimed that defendants negligently installed and maintained certain shrubbery, which they alleged blocked the view of motorists in violation of Georgia law. Continue reading

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Many employees drive company vehicles either to and from work, or for specific company-related tasks. The question arises then, if an employee gets into a car accident with another driver while operating a company vehicle, is the employer liable for any resulting damages or injuries? Or, to put it another way, can the victim of the accident bring any claims for injuries against the company? The answer of course, depends on the facts and circumstances surrounding the collision. If you have been the victim of a car accident due to the negligence of another person, you may be entitled to compensation for your injuries. To determine the extent of the value of your claim, and against whom you may bring the action, it is important that you contact an experienced injury attorney from the Atlanta area as soon as possible after the incident occurs.

In a recent case, Dougherty Equipment Company, Inc. v. Roper (Ga. Ct. of App. 2014), an employee, Adam Garland, was driving a company van to work when he got into a car accident with Linda Roper’s vehicle. Roper brought an action against Dougherty, claiming that the company was “vicariously liable” for Garland’s conduct under a legal doctrine known as “respondeat superior.” Roper also alleged that Dougherty was liable for negligent entrustment and hiring of Garland. Among other things, the company moved for summary judgment for the vicarious liability claim, arguing that Garland was acting outside of the scope of his employment while he was driving to work. The company also claimed that the evidence was insufficient to support a negligent entrustment claim.

The trial court denied the company’s motion and the court of appeals granted an application for “interlocutory review.” Under Georgia law, when there is a car accident involving an employee driving an employer’s vehicle, the presumption is that the employee was acting in the course and scope of his or her employment at the time of the accident. To avoid liability, the employer would be required to rebut that presumption. Here, although Garland was driving the company van on the day the accident occurred, he had not yet started work and was only driving from his home to the company office to get his assignment. Continue reading

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Car accidents are often caused by the actions of a negligent driver. In these cases, injured parties may point to the motorist’s distracted driving or failure to heed traffic safety laws as the cause of the crash -and any resulting injuries. But there are accidents that are not the fault of any driver, but instead can be blamed on a defective vehicle or part. A driver who has been injured in an accident due to a defective or faulty vehicle may be entitled to compensation. In order to recover the full value of your claim, it is crucial that you contact an experienced injury attorney from the Atlanta area.

According to an article in the Atlanta Journal-Constitution, parents of a young woman who died in a 2010 crash that was caused by a faulty ignition switch in a General Motors (“GM”) car, want to rescind their settlement agreement and are now filing a new lawsuit against the company. The complaint filed in March 2013 alleged that while the decedent drove her Chevrolet Cobalt on Georgia’s Highway 9, the key moved out of the run position, causing the engine to shut off and further causing her to lose control of the vehicle and strike an oncoming car. The impact caused her vehicle to travel off the highway, which lead to injuries that caused her death. The complaint accused GM of negligence in designing, testing and manufacturing the car, and of failing to adequately warn consumers. In September of 2013, GM and the parents reached a settlement.

The parents filed a new complaint in state court in Marietta, alleging that GM fraudulently concealed critical evidence and permitted a representative from the company to lie under oath. The specific allegations suggest that a lead design engineer for the Cobalt ignition switches testified repeatedly that he was not aware of any design change to the switches, and that the company affirmed those assertions. However, according to the new complaint, GM’s recent disclosures to Congress and to the National Highway Traffic Safety Administration contradict those earlier statements. The attorney for the decedent’s parents argues that the family would not have settled with GM had they known of the concealment of the evidence and the perjury committed by company representatives. GM’s refusal to rescind the settlement agreement has prompted the parents to file this new lawsuit. The company recently released a statement denying any fraudulent concealment of facts relevant and critical to this case, and further denying any improper conduct related to this matter. Continue reading

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Car accidents, by their very nature, are unpredictable. Drivers in and around the Atlanta area have a duty to exercise care when operating a motor vehicle. Accidents can be caused by any number of factors, including distracted driving, driver intoxication or fatigue, failure to obey traffic laws, speeding, and even inadequate signage in construction zones. One of the most important issues to determine in any car accident case is whether the other party (or defendant) owed the plaintiff a duty of care. In order to make this determination, it is important that you contact an experienced injury attorney who is fully aware of the local laws and procedures.

In a recent case, Diamond v. Department of Transportation, (Ga. Ct. App. 2014), plaintiffs were injured when their car fell into a ditch. The record shows that at the time of the accident, there was a road construction project – taking place in the area. Because of the construction zone, the road that plaintiffs were driving on – Lakeshore Drive (a county road), was rerouted. Mr. Diamond was driving the vehicle on what he believed was Lakeshore Drive, but instead, it was a grassy area where the road had been prior to the construction. Plaintiffs continued on the grassy area for 90 to 100 feet before their car plunged into a ditch.

Plaintiffs husband and wife each filed a negligence suit against several defendants, including the Department of Transportation (the “DOT”). Plaintiffs claimed (among other things) that the DOT had a duty to use generally accepted design and engineering standards and failed to satisfy this duty by closing the road, failing to construct a curb and gutter on the roadway, and failing to place adequate signs or other warning constructions on the roadway. Among other things, the DOT claimed that it owed no duty to the plaintiffs. The trial court granted the DOT’s summary judgment motion, ruling that the accident did not take place on a part of the highway system upon which the DOT owed a duty to motorists. Plaintiffs appealed. Continue reading

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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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Each personal injury action presents a different set of facts that have the potential to alter the outcome of the case. In slip and fall cases, also known as “premises liability” actions, plaintiffs must plead and prove certain required elements in order to establish liability and recover for their injuries. The extent to which a plaintiff successfully pleads and proves a negligence case will directly impact his or her right to a recovery for damages. If you have sustained an injury due to another’s negligence, it is critical that you contact an Atlanta area injury attorney as soon as possible after the incident occurs to preserve and protect your rights.

In a recent case, Austin v. Clark, et al., Ga. Sup. Ct. (2014), the Georgia Supreme Court reversed the lower court’s decision granting the defendant’s motion to dismiss based on official immunity. Essentially, the Court allowed the case to move forward so that the parties would have ample opportunity to conduct a sufficient amount of discovery to either prove or disprove the asserted claims. Here, the plaintiff, Donna Austin, brought a personal injury action against the Superintendent of Peach County Schools and various other school administrators (hereinafter “Clark”), seeking damages that she allegedly sustained from a fall on a sidewalk at the high school after attending a graduation ceremony.

Specifically, plaintiff claimed that while she was on school district property, she stepped into a roadway from the sidewalk and her leg got caught in an opening on the area where water drains from the road. Austin alleged that the defendants in this case negligently performed the “ministerial” duties of inspection, maintenance and repair of the sidewalk and road where the accident occurred. The defendants moved to dismiss the complaint, arguing that the claims were barred by the doctrine of official immunity. The trial court agreed with defendants and granted the motion. The court of appeals affirmed the decision. The Georgia Supreme Court agreed to hear the case to determine whether the defendants were entitled to the motion to dismiss based on the doctrine of official immunity. Continue reading

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