negligence

What are the Three Kinds of Negligence in a Car Crash Case?

January 27, 2023 | Benjamin S. Persons, IV

As outlined below, the three kinds of negligence in a car crash claim are basically the three major types of driver mistakes. Driver error causes over 98% of car crashes in Cobb County. Generally, that error is negligence, or a lack of care.

If negligence caused a car accident, a Marietta personal injury attorney can obtain compensation for that accident in court. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Environmental

Liability Issues in Substance-Related Collisions

March 11, 2022 | Benjamin S. Persons, IV

Before the coronavirus pandemic, drug and/or alcohol impairment was a factor in almost half of vehicle collisions in Georgia. This proportion increased during 2020. Drug use, particularly antidepressant use, went up during the lockdowns. At the same time, DUI enforcement dropped off significantly. Bad habits, such as driving while impaired, have persisted even as lockdowns ended.

Compensation is often rather high in substance impairment wrecks. Arguably, these individuals know they should not get behind the wheel. Instead, they knowingly endanger lives and property by driving. Additionally, these wrecks have high catastrophic injury and fatality rates. Moreover, in addition to high compensatory damages, a Marietta personal injury attorney can often obtain punitive damages in these cases as well.

First Party Liability

Court of Appeals Rules in Favor of Snapchat in Car Accident Case

November 13, 2020 | Benjamin S. Persons, IV

On October 30, a Georgia Court of Appeals affirmed an order granting a motion to dismiss in the lawsuit against the instant messaging app for breach of duty of care in designing the app’s speed filter.

Maynard et al. v. Snapchat, Inc.

The plaintiffs sued Snapchat, Inc., and the other driver involved in the accident to recover damages for injuries resulting from a car accident. Plaintiff alleged that said injuries resulted from the other driver’s use of a feature on the Snapchat application on her phone. The district court granted Snapchat motion to dismiss. In their appeal, the plaintiffs contend that their complaint is sufficient; Snapchat violated its duty of care by poorly designing its application.

The Importance of Establishing Causation in a Georgia Personal Injury Lawsuit

July 31, 2020 | Benjamin S. Persons, IV

Causation is a key element of any personal injury claim. What do we mean by that? Basically, if you are in a car accident and later sue the other driver for damages, it is not enough to show that person’s negligence led to the accident. You also need to show that the accident was the “proximate cause” of any physical, mental, or monetary loss that you suffered. Absent such proof causation, there is no viable personal injury claim.

Coleman v. State Farm Mutual Automobile Insurance Company

As a general rule, you do not need expert evidence, such as testimony from your doctor, to prove causation. As with every rule, there are exceptions. For instance, if your personal injury claim involves a “medical question” that requires specialized medical knowledge–i.e., something the average juror could not understand without some sort of guidance from a trained professional in that specialty–then the court will require such evidence before allowing a case to proceed.

Georgia Auto Repair Shop Not Responsible for Accident Caused by Employee During His Lunch Break

May 15, 2020 | Benjamin S. Persons, IV

It is a longstanding rule in Georgia that employers are “vicariously liable” for torts committed by their employees. In other words, if you are hit by a delivery van that runs a red light, you can sue the company that employs that driver for damages. But there is an important caveat to this rule–the driver must have been “acting within the scope of his employment” at the time of the accident. If the driver was actually running a personal errand, even in a company-owned car, then the employer is not legally responsible.

Mannion & Mannion, Inc. v. Mendez

A recent decision from the Georgia Court of Appeals, Mannion & Mannion, Inc. v. Mendez, illustrates what we are talking about. This personal injury case arose from a March 2016 auto accident. A mechanic, one of the defendants here, left his employer’s business to take his lunch break. The mechanic did not have a set lunch time and did not have to “clock out”; he simply told his co-workers he was leaving.

Georgia Military Base Not Liable for Accident Caused by Defective Gate

December 20, 2019 | Benjamin S. Persons, IV

In a premises liability claim, an accident victim alleges that a property victim’s negligence caused his or her injury. Depending on the facts of the case, the property owner may raise one or more defenses, including what is known as “assumption of the risk.” Basically, this means that the evidence shows the plaintiff “had full knowledge” of the particular hazard that caused the injury, that the plaintiff “understood and appreciated” this risk, and that they “voluntarily chose to act” of their own free will knowing they might be injured.

Hoose v. United States

A recent decision from a federal judge in Macon, Hose v. United States, illustrates how assumption of the risk is applied by courts in practice. This case involved a personal injury lawsuit against the federal government. The plaintiff was making a delivery to Robins Air Force Base (RAFB). According to the plaintiff, he regularly made deliveries to the commissary at RAFB and was thus familiar with its layout.

4th of July Accident Leads to Lawsuit Against Fireworks Sellers

August 2, 2019 | Benjamin S. Persons, IV

Each year, many Georgians celebrate the 4th of July by purchasing and setting off their own fireworks despite the known safety risks. Unfortunately, this can lead to tragic outcomes. Not only is there is the potential for something to go wrong when setting off fireworks in an unsupervised environment–the mere act of transporting them can pose a risk to life and limb as well.

Pisciotti v. Abney

A recent lawsuit filed in Valdosta, Georgia federal court, Pisciotti v. Abney, offers just one example of what can go wrong. This case involves an accident that occurred on the 4th of July in 2017. Four teenagers were traveling in a Jeep through Hamilton County, Florida. The driver is one of the defendants in this case, while the victim was one of his passengers.

Georgia Supreme Court Holds Insurer Not Responsible for $5.3 Million Accident Judgment

April 12, 2019 | Benjamin S. Persons, IV

Most personal injury claims arising from an auto accident are paid via a settlement with the negligent driver’s insurance company. What happens when the insurer refuses to settle and the injured parties successfully sue the negligent driver for damages? In such scenarios, the driver may be able to sue the insurer for its “bad faith” refusal to settle the personal injury claim in the first place.

First Acceptance Insurance Company of Georgia, Inc. v. Hughes

When does an insurance company’s “duty to settle” actually arise? Does the insurer have to wait for the injured victims to file a lawsuit? Or should the insurer reasonably anticipate when such a lawsuit is likely to occur? The Georgia Supreme Court recently addressed both of those questions.

Macon Judge Awards Accident Victim $1.5 Million Due to Postal Service Driver’s Negligence

February 8, 2019 | Benjamin S. Persons, IV

Car accidents often leave victims with lifelong injuries that never fully heal. When these accidents are the result of negligence, the victim has every right to pursue a personal injury claim in court. But what happens when the negligent party is an employee of the federal government?

Rodriguez-Densley v. United States

This was precisely the scenario confronted by a federal judge in Macon during a recent case, Rodriguez-Densley v. United States. The underlying facts of this case are fairly straightforward. The plaintiff was returning home in her car. She approached a U-shaped residential driveway. At that same time, a United States Postal Service delivery truck was in the driveway.

Georgia Lodge Owner Not Responsible for Accidental Shooting on the Property

November 5, 2018 | Benjamin S. Persons, IV

There are a number of situations in which an individual or business may be held liable for a personal injury caused by someone else. Two of the more common ones involve the legal concepts of respondeat superior and premises liability. The first, respondeat superior, refers to cases in which an employee commits a tort in the course of carrying out the employer’s business. The second, premises liability, means a property owner had superior knowledge of a safety hazard that caused an injury to a person lawfully on the premises.

Manners v. 5 Star Lodge and Stables, LLC

Neither of these rules means a business is automatically liable for an accident just because it involves one of its employees or occurs on its land. Here is an example taken from a recent Georgia Court of Appeals decision. In this case, a woman was accidentally shot while on the premises of a lodge. The Court of Appeals, upholding an earlier ruling by a trial judge, held that the lodge was not legally responsible for the plaintiff’s shooting or injuries.