Marietta Injury Lawyer Blog

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.

Trucking Accident: Here is What to Ask a Marietta Personal Injury Lawyer

May 12, 2023 | Benjamin S. Persons, IV

According to a May 2023 post from the Insurance Institute for Highway Safety (IIHS), 4714 people died in large truck crashes in 2021. This number represents a 17% increase over the previous year.

In a longer timeframe, the number of deaths has risen dramatically. IIHS notes that the number of people who died in large truck crashes was 50% higher in 2021 than in 2009.

Who was killed in these crashes? IIHS reports that 16% of the deaths were occupants of the truck, 68% were occupants of cars and other vehicles, and 15% were bicyclists, motorcyclists, and pedestrians.

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

Dog Bites in Cobb County: Here is What You Need to Know

April 30, 2023 | Benjamin S. Persons, IV

Every year, dog bites seem to be filling the news. A Fox News report described that a Cobb County police officer was bitten and shot during a dog attack. The injured officer was taken to the hospital for treatment for both the dog bite and the gunshot wound and is expected to survive.

Dog bite incidents in Cobb County are increasingly common. A dog bite can injure people, regardless of age or occupation. If you have noticed an increase in dog bites, as a Marietta personal injury lawyer, the data supports this insight.

According to a report from the Insurance Information Institute (III), in 2022, insurance companies paid $853.7 million for dog bite and injury claims. The average claim amount reported was $64,555, up from $49,025 in 2021. The III reports that the average cost per claim increased by 31.7% from 2013 to 2022. The III notes that this increase may be due to the upward trends of jury awards, as well as increased medical costs.

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

Father of Deceased UGA Football Player Sues School, Others

April 14, 2023 | Benjamin S. Persons, IV

Devin Wilcox and two other people were killed in a January car crash that happened while the players were celebrating their national championship. Now, his father filed a $40 million lawsuit against the school and two other entities, alleging that they were vicariously liable for the wreck.

Police said that a school recruiting assistant was racing against another SUV driven by another player late at night after the team celebrated their national championship win. They said she was driving at 104 mph and had a blood alcohol concentration of .197, more than twice the state’s legal limit. Two other students were seriously injured in the wreck.

“(The driver) was reckless, negligent, negligent per se, willful, wanton and consciously indifferent to consequences in her operation of that vehicle while her judgment was substantially impaired by alcohol,” the lawsuit states, noting that the vehicle she was driving, a Ford Expedition, was leased by the athletic department and assigned to her for work-related activities.

Swimming Pool Injuries in Georgia: A Closer Look

April 7, 2023 | Benjamin S. Persons, IV

Drownings are the most common kind of swimming pool injury. In fact, drowning is the leading cause of death among children under 4 and the second-leading cause of injury-related death among children under 14. A young child can drown in as little as a few inches of water, meaning that not even the kiddie pool is entirely safe.

Young children have still-developing brains and bodies, making them unusually vulnerable to serious injury. When such a tragedy strikes, no one can turn back the clock and change what happened. A Marietta personal injury lawyer does the next best thing, which is to obtain the financial compensation these families need and deserve.

Drownings

Kinds of Evidence in Truck Crash Cases

March 31, 2023 | Benjamin S. Persons, IV

Almost every consumer product, from a thumb tack to a party van, spent some time on a large truck. So, a fully-loaded large truck weighs over 80,000 pounds. As a result, the force in a semi-truck collision is so immense that no safety restraint system, however sophisticated, could possibly absorb it. Catastrophic burns are often the worst injuries in these collisions. Diesel fuel burns at a different temperature from ordinary gasoline, making the resulting burns extensive, painful, and difficult to treat.

These injury claims are complex, not just because the injuries are so severe. Generally, an out-of-state shipping or transportation company owned the truck involved in the crash. These companies often immediately hire high-priced lawyers to defend them in court. Because of these complexities, only the most experienced Marietta personal injury lawyer should handle such claims. Inexperienced lawyers have little or no chance of obtaining maximum compensation in these cases.

Basic Building Blocks

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