Auto Accidents

Georgia Appeals Court Reinstates Wrongful Death Lawsuit Arising from Illegally Parked Trailer

May 5, 2014 | Benjamin S. Persons, IV

In a personal injury or wrongful death lawsuit, it is not enough to show the defendant was at fault for the plaintiff’s injuries. Under Georgia law, a plaintiff cannot recover damages if he or she is “50 percent or more responsible” for the injuries suffered. The question of responsibility is typically decided by a jury. In some cases, a trial judge may grant one party summary judgment if he or she determines there is no genuine dispute over the facts. But judges must be careful not to short-circuit the trial process, as the Georgia Court of Appeals explained in one recent case.

Reed v. Carolina Casualty Insurance Company

In 2008, a commercial tractor-trailer driver parked his vehicle in an emergency lane at the intersection of Interstate 285 and Interstate 75 in Cobb County. It was early in the morning and the driver wanted to rest. Nevertheless, parking in an emergency lane violates Georgia traffic laws.

Will General Motors Be Held Accountable for Selling Defective Vehicles?

April 21, 2014 | Benjamin S. Persons, IV

General Motors recently issued a sweeping recall for a more than 2.5 million vehicles sold between 2005 and 2011. The recall includes the Chevrolet Cobalt, Pontiac G5, Saturn Ion, Chevrolet HHR, Pontiac Solstice and Saturn Sky models. According to GM, the vehicles have a defective ignition switch that affects the operation of the airbag system.

This is not a minor safety issue. GM itself acknowledged their faulty ignition switches can be linked to at least 31 motor vehicle accidents and 13 deaths. The Detroit-based automaker now faces a number of lawsuits, including a class action complaint filed in Texas seeking upwards of $10 billion for GM customers who purchased the defective vehicles. Another lawsuit, filed in San Francisco, claims GM’s efforts to fix the recalled vehicles are “insufficient” and that there is a second ignition-switch defect the company has yet to address. Altogether, GM has been been named a defendant in at least 37 cases spanning 17 separate federal courts. In addition to litigation, multiple government agencies, including the United States Department of Justice and the National Highway Traffic Safety Administration, have opened investigations into GM’s mismanagement.

Will GM Escape Responsibility?

Georgia Appeals Court Reinstates “Phantom Driver” Lawsuit

March 31, 2014 | Benjamin S. Persons, IV

What happens when you get in an automobile accident where the other driver is never identified? If you have uninsured motorist coverage, your insurer should cover the damages. Georgia law defines a vehicle as uninsured when “the owner or operator of the motor vehicle is unknown.” But there must be adequate proof an accident occurred. This was the subject of a recent Georgia Court of Appeals decision, which illustrates the legal burden of proof in these so-called “phantom driver” cases.

Leslie v. Doe

The plaintiff in this case was driving down Highway 138 near a shopping center in Fulton County. He lost control of his vehicle when he swerved to avoid an unidentified vehicle that had just pulled out of the shopping center’s parking lot. The sudden swerving caused the driver to lose control of his vehicle, which flipped over several times and crashed. The other vehicle continued without stopping and was never identified.

Georgia Appeals Court Distinguished Between Contract and Counteroffer

January 30, 2014 | Benjamin S. Persons, IV

Dealing with insurance companies is one of the many unpleasant consequences of a motor vehicle accident. Insurers often look to dispose of claims quickly. And while that may also be in the victim’s interest, it’s important not to get railroaded by an overzealous insurer. A recent decision by the Georgia Court of Appeals highlights one such insurer who insisted there was a settlement when, in fact, there was not.

Kemper v. Brown

The victim in this case was driving her motorcycle in March 2012. She was hit by another vehicle. The other driver was clearly at fault–he had been drinking and driving recklessly.

Federal Judge Says Insurer Liable for “Uninsured Motorist” Coverage In Accident Caused by Georgia County School Bus

December 30, 2013 | Benjamin S. Persons, IV

An “uninsured motorist” policy provides coverage to the insured when he or she is the victim of an accident caused by another party that has insufficient resources to pay the full amount of any legal damages. In this context, “uninsured” also means under-insured. Thus, for example, if Driver A is in an accident caused by Driver B, and Driver B’s insurance only covers half of the damages awarded in a subsequent lawsuit, Driver A’s uninsured motorist carrier would pay the remaining half.

But what if Driver B is an agent of the State of Georgia? Normally, state agencies (and their employees) enjoy “sovereign immunity” from most civil lawsuits. The idea is that a state cannot be sued in its own courts without its consent, which is normally granted through legislation. However, when a local government in Georgia purchases liability insurance, sovereign immunity is waived up to the limit of said policy. What does this mean for accident victims with uninsured motorist coverage? A federal judge in Savannah recently attempted to answer this very question.

FCCI Insurance Company v. McLendon Enterprises, Inc.

Georgia Appeals Court Dismisses Against City Over Prison Bus Accident

December 23, 2013 | Benjamin S. Persons, IV

If you’re in a motor-vehicle accident, it can matter a great deal who owns the offending vehicle, at least when it comes to assessing legal liability. The State of Georgia and its subsidiaries, including cities and counties, are immune from most lawsuits arising from the negligent operation of vehicles by their employees. This “sovereign immunity” can extend even to egregious cases of failure to maintain vehicles in proper working order, as a recent decision by the Georgia Court of Appeals illustrates.

City of Milledgeville v. Primus

Lucious Primus is an officer with the Georgia Department of Corrections. In 2006, Primus had to transport an inmate from a work detail in Milledgeville back to a nearby prison. The City of Milledgeville owned and maintained the bus Primus was driving. On this particular day, the brakes on the bus failed, causing Primus to drive off the road and hit a utility pole, injuring his neck and shoulders.

Georgia Judge’s Decision Highlights the Importance of Reading a Limited Liability Release

December 13, 2013 | Benjamin S. Persons, IV

If you’ve been in an automobile accident due to another driver’s negligence, and that driver’s insurance company asks you to sign a limited liability release in exchange for receiving compensation, it’s important you understand exactly what future legal rights you may be signing away. Even if you think a release may not cover some future claims, a judge may not see it that way. A recent case in a Georgia federal court helps illustrate this point.

Watford v. Cowart

This case began with a car accident in Cook County in late 2012. The plaintiff accused the defendant of negligence and sought punitive damages and attorney’s fees in addition to compensatory damages. The defendant admitted negligence (and operating a vehicle under the influence of alcohol) and her insurance company paid the plaintiff $300,000, the coverage limit on the policy. The plaintiff also has separate uninsured motorist coverage. In exchange for the $300,000, the plaintiff signed a limited liability release applicable to all claims for damages and injuries arising from the automobile accident, except to the extent provided by the plaintiff’s uninsured motorist policy.

Georgia Supreme Court Holds Police Officer Not Responsible for Causing Interstate Traffic Accident

November 29, 2013 | Benjamin S. Persons, IV

Although it’s commonly said that police “protect and serve,” a local government is not necessarily liable when its sworn officers fail to protect the general public from harm. In a 1993 decision, the Georgia Supreme Court adopted what became known as a “public duty doctrine.” This doctrine holds that a municipality can only be liable for nonfeasance–a police officer’s failure to act–if there’s a “special relationship” between the individual alleging negligence and the local government. As defined by the Georgia Supreme Court, this means the police must give the person “an explicit assurance” of protection or assistance that the person then relies upon to his or her detriment.

Stevenson v. City of Doraville

Recently, the Supreme Court considered the application of the public duty doctrine to a negligence lawsuit arising from a multi-car traffic accident in DeKalb County. During a rainstorm one evening, a driver on Interstate 285 experienced car trouble. The driver was in the lane nearest the median. He attempted to cross six lanes and bring his car onto the shoulder, but the car stalled in the middle of the road.

Georgia Appeals Court Affirms No Award of Attorney Fees in Tractor Accident Lawsuit

November 23, 2013 | Benjamin S. Persons, IV

Under Georgia law, the winning party in a personal injury (or any other civil) lawsuit is usually not entitled to recover attorney fees or costs in connection with the litigation. As the Georgia Supreme Court noted in a 1941 decision, “Where there is a bona fide controversy for the tribunals to settle, and the parties can not adjust it amicably, there should be no burdening of one with the counsel fees of the other, unless there has been wanton or excessive indulgence in litigation.” The Georgia legislature may make exceptions to this rule, however, and one such example was the subject of a recent Georgia Court of Appeals decision.

Horton v. Dennis

This case began with a 2008 accident in Telfair County. A tractor trailer crossing Highway 31 near McRae crashed into a truck. The truck driver suffered serious injuries, including a mild traumatic brain injury and permanent erectile dysfunction.

Georgia Appeals Court Clarifies Insurer’s “Uninsured Motorist” Liability in Multi-Defendant Accident Case

November 9, 2013 | Benjamin S. Persons, IV

Multi-vehicle accidents can pose complex questions regarding liability and insurance. The Georgia Court of Appeals recently addressed such a case. The appeals court rejected a trial court’s decision to summarily rule in favor of an insurance company that argued it should not have to provide “underinsured motorist” benefits to a policyholder.

Wade v. Allstate Fire and Casualty Company

The plaintiff in this case was injured in a multi-vehicle accident. The plaintiff initially sued five defendants–three other drivers involved in the accident, the employer of one of those drivers, and the parent of another driver. Three of the five defendants settled for a total of $30,000, an amount less than the maximum limits on their respective insurance policies. The other two defendants settled for an amount equal to their policy limits.