Articles Posted in Auto Accidents

A 16-year-old girl, a passenger in a vehicle, is dead after a single-vehicle crash in Georgia. 

According to investigators, the crash happened when a gray 1996 Toyota 4Runner, driven by a 17-year-old, struck the curb on the right side of the road. Deputies say the teenage driver overcorrected, and the vehicle went out of control and rolled over several times. The vehicle eventually hit an electric pole, killing the 16-year-old passenger. 

The driver only suffered minor injuries.

Maybe not “most” accidents, but speed is a factor in about a third of the fatal car wrecks in Georgia. The proportion of speeding-related collisions had been dropping slightly until the 2020 coronavirus lockdowns. When roads emptied, many drivers acquired some bad habits, including excessive speeding. Like many bad habits, this one is easy to form and hard to break. As outlined below, speed impacts the risk of a wreck and the force in a collision. 

Also, as outlined below, excessive speed is usually negligence, or a lack of care. If that is the case, a Marietta personal injury attorney can obtain the compensation the victim needs and deserves. Victims need this compensation to pay accident-related expenses, like medical bills and damaged property replacement. They deserve this compensation because their injuries were not their fault, and no one should bear the responsibility for someone else’s mistake.

How Speed Affects Car Crash Injuries

Georgia has one of the country’s lowest auto insurance minimum requirements. Therefore, many Georgia drivers do not have enough insurance to cover all the losses in a catastrophic injury claim. The medical bills alone in such claims usually exceed $100,000. 

Victims in this situation usually have two basic options, especially if they do not have UM/UIM (uninsured/underinsured motorist) coverage. They can file separate collection claims against the tortfeasor (negligent driver), who is most likely judgment-proof, or they can look for a responsible third party with deep pockets and additional insurance.

So, in many cases, establishing legal responsibility for damages is only part of the process. A good Marietta personal injury lawyer goes the extra mile and obtains meaningful compensation in vehicle collision matters. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Georgia law regarding owner liability for U-Haul, Enterprise, and other rented vehicle wrecks is very complex. 49 U.S.C. 30106 makes these laws even more complex. In the wake of several large verdicts in the 1990s, including one that involved a fireball Enterprise Rent-a-Car wreck in Connecticut, lawmakers added the Graves Amendment to a large transportation bill in 2002. Rep. Sam Graves and his colleagues wanted this amendment to immunize owners of rented vehicles from liability lawsuits. However, as outlined below, the Graves Amendment contains some large holes.

In most cases, a Marietta personal injury attorney can use the complex Georgia laws to hold U-Haul, Enterprise, and other vehicle rental companies responsible for damages if they rent vehicles to individuals who cause crashes. This third-party liability is important because, in most cases, rented vehicle drivers have little or no insurance. Vicarious liability gives injured victims another way to obtain compensation for their economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Negligent Entrustment

Gone are the days where taxi cabs reigned supreme as the preferred way to get from point A to point B. An increasing percentage of Americans are using ridesharing services like Uber or Lyft. The ease and notoriety of ridesharing services has increased over the years, and it is safe to say that the percentage of Americans who use ridesharing services will continue to grow. The fact that so many Americans are turning to ridesharing services will likely lead to an increase in car accidents involving Uber and Lyft drivers. What happens if you are the driver or the passenger in a ridesharing service car accident in Atlanta?

Insurance Issues in Atlanta Ridesharing Car Accidents

The legal insurance requirements for typical Georgia drivers and ridesharing service drivers are quite different. Regular drivers must carry $25,000 per person and $50,000 per car accident of bodily injury liability insurance. They must carry at least $25,000 of property damage liability insurance per accident. 

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

During coronavirus pandemic lockdowns, many Georgia motorists developed some bad driving habits, including speeding, not wearing a seat belt, and driving while impaired. Before the pandemic, operator impairment accounted for about half of the fatal car crashes in the Peachtree State. There is no telling how high the proportion is now. Impaired driving crashes are usually not “accidents.” People accidentally lose their car keys. They do not accidentally drive drunk and cause wrecks.

So, a Marietta personal injury attorney can usually obtain substantial compensation following an impaired driver wreck. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Generally, these cases do not go to trial. Instead, lawyers are usually able to resolve them out of court and on victim-friendly terms.

Alcohol

Intercity and municipal bus travel has increased significantly over the past 10 years. To accommodate more passengers, buses have also become larger over the past several years. Even experienced drivers have a hard time controlling such vehicles. Safe operation is even harder because, in most cases, drivers have multiple safety responsibilities. More on that below.

As passenger travel and vehicle size increase, the potential for serious injury increases, as well. Bus crash and other large vehicle injuries are often complex, usually because the victims live in different counties and even different states. So, only an experienced Marietta personal injury attorney should handle such claims. That is the best way, and often the only way, to ensure maximum compensation for your serious injuries.

Driver Safety

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