Auto Accidents

The Fault-Based System in Georgia Car Accidents

May 19, 2023 | Benjamin S. Persons, IV

Georgia uses a traditional “fault-based system” system for car insurance. What is this term? It means that the person at fault for the accident is financially responsible for injuries, vehicle damage, and other losses.

In approximately 12 other states, a “no-fault” system is followed. This means that the driver’s insurance covers certain losses after a crash.

In Georgia, a simple way to understand it is: the at-fault driver’s insurance covers other people’s losses up to the limits of the driver’s liability coverage.

What Laws Affect Marietta Car Accidents?

May 5, 2023 | Benjamin S. Persons, IV

No one wakes up in the morning expecting to get into a car or truck accident. It makes sense to have a basic understanding of the laws that come into play in the event of an accident.

Two Georgia laws are particularly useful to understand: modified comparative negligence and the statute of limitations. A Marietta personal injury lawyer has the expertise to clarify the law and answer questions you may have about filing a claim for a car accident.

Comparative Fault in Georgia Car Accidents

Car Runs Up Tow Truck Ramp, Flies Through Air, Injuring One Person

April 28, 2023 | Benjamin S. Persons, IV

Investigators believe that distracted driving may have caused a horrific crash that sent one person to a local hospital.

After the vehicle crashed through a barrier, sped up the tow truck’s ramp, crashed through the cab, and went airborne, it landed on its passenger side and flipped over, hitting another car in the other lane. The first car eventually came to a stop right side up as smoke rose from the wreck.

The driver, a 21-year-old woman from Tallahassee, Florida, survived the crash but suffered serious injuries.

Liability Issues in Cobb County Motorcycle Wrecks

April 21, 2023 | Benjamin S. Persons, IV

Automobile safety technology has advanced considerably over the last 100 years. Yet vehicle collisions still kill or seriously injure millions of Americans every year. Motorcycle safety technology has barely budged over the past century. So, it is no surprise that motorcycle wrecks are 30 times deadlier than other vehicle collisions. Non-fatal motorcycle crash injuries are also much more serious than non-fatal vehicle collision injuries.

Quite frankly, these victims need money to pay these medical bills and otherwise put the pieces of their lives back together. Fortunately, a Marietta personal injury lawyer has several legal options in these cases. Each one usually results in maximum compensation for serious injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Negligence Per Se

A Closer Look at Ridesharing Crashes

March 24, 2023 | Benjamin S. Persons, IV

Big ridesharing companies keep getting bigger. In 2022, Uber’s revenue increased by 80% to over $31 billion. Uber and Lyft need lots of drivers to cope with the increased demand. As a result, pretty much anyone with a valid driver’s license can be an Uber or Lyft driver. These companies no longer examine driving records and other evidence as closely as they did before the pandemic.

Uber and Lyft may have lowered their standards, but legal standards remain in place. As outlined below, these standards are high for ridesharing operators and other commercial drivers. So, if these drivers cause crashes, a Marietta personal injury attorney can often obtain substantial compensation in court. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

First Party Liability

High-Speed Police Chase Kills Motorcyclist

March 17, 2023 | Benjamin S. Persons, IV

A high-speed pursuit in Acworth ended badly when a motorcyclist, allegedly racing another motorcyclist, struck a Honda Accord. The rider died at the scene.

Prior to the crash, Georgia State Patrol troopers were assisting the Bartow County Sheriff’s Office in pursuing two motorcycle drivers who were racing on GA-3 near Mockingbird Road. Troopers began chasing one of the riders, who continued driving “in a reckless manner” into Cobb County.

According to investigators, the motorcyclist was approaching the intersection at high speed and struck a Honda Accord that was making a left turn. The motorcycle driver, a male, died at the scene. The driver of the Honda was taken to the hospital with life-threatening injuries.

Fatal Two-Vehicle Collision in Pike County

March 3, 2023 | Benjamin S. Persons, IV

Pike County Sheriff’s deputies believe a combination of alcohol and speed caused a fatal collision on Highway 109.

A Lincoln Navigator and Toyota collided because neither driver stopped at the highway intersection. One driver was arrested after receiving medical treatment, and charged with driving under the influence, vehicular homicide, driving without a license, and several other traffic offenses.

Car Crash Causes

Do Commercial Drivers Have to Be More Careful?

February 24, 2023 | Benjamin S. Persons, IV

Yes. Truck drivers, taxi operators, Uber drivers, and other commercial operators are common carriers in Georgia. So, under Section 46-9-1 of the Georgia Code, they must “use extraordinary diligence” as they operate their motor vehicles. Additionally, “no excuse avails them unless the loss was occasioned by the act of God or the public enemies of the state.” That is one of the highest commercial driver standards of care in the country. The higher duty of care directly affects crash liability issues, as outlined below.

The higher standard of care makes it easier for a Marietta personal injury lawyer to prove negligence, or a lack of care. Nevertheless, commercial operator wrecks are very complex. So, although it is easier to prove negligence, it is more difficult to obtain maximum compensation for your serious injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

First Party Liability

Charged Filed in Thanksgiving 2022 Fatal Crash

February 10, 2023 | Benjamin S. Persons, IV

A man faces multiple counts of vehicular homicide after he crossed the center line and slammed into an oncoming SUV, killing two people and seriously injuring two others.

One of the victims was an 18-year-old college student. The freshman volleyball player at Bryan College in Tennessee was home visiting family for the holiday. “Alivia was loved by many and will be remembered for her kind, sweet, beautiful spirit,” the Creekview volleyball team posted on Facebook. “Chris [her father who was also killed in the crash] was a devoted father to his two daughters and the love of Jennifer’s life.”

Investigators believe driver fatigue caused the fatal wreck.

Electronic Evidence in Car Crash Cases

February 3, 2023 | Benjamin S. Persons, IV

Sometimes, evidence immediately available at the scene, like witness statements, is enough to establish liability in a car crash claim. Frequently, however, it is not enough to fill in all the blanks. In these situations, a vehicle’s Event Data Recorder often does this job. EDRs resemble the black box flight data recorders in commercial airplanes.

Federal investigators use these flight data recorders to determine airplane crash causes. Likewise, Marietta personal injury lawyers use EDRs to determine car crash causes. As outlined below, attorneys and their investigator professional partners put the bits of evidence that an EDR records much like the pieces of a jigsaw puzzle. The result is a clear picture of the accident the jury uses to award maximum compensation to injury victims.

EDR Functions