Georgia passed a “hands-free” law in July 2018. The law is clear about restricting almost all cellphone use while driving. Before 2018, the law banned only texting.
If you have not been up to date on this law or spoken with a personal injury lawyer, you may be unaware of the implications.
Most drivers are fully aware of the dangers of using a cell phone, texting, or searching on the web while driving. Just a moment of distracted driving can be enough to cause a collision, injury, or even death.
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.
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
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.
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
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.
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
Two other students were seriously injured in the wreck that followed Georgia’s celebration of back-to-back national football championships. Investigators believe that speed was a factor in this wreck.
The single-vehicle crash happened near the intersection of Stroud Road and Barnett Shoals Road in Athens. A 20-year-old offensive lineman and 24-year-old recruiting staffer died in that wreck. In a statement, UGA acknowledged that it owned the 2021 Ford Expedition, but denied responsibility for the crash.
“The car driven in the accident was one of several vehicles leased by our athletic department for use during recruiting activities only. Policies and expectations that were well understood by athletics staff dictated that such rental vehicles were to be turned in at the immediate conclusion of recruiting duties,” the University said in a statement. “Personal use was strictly prohibited. Therefore, the continued use of the leased car by our staff members after their recruiting duties ended earlier that evening was unauthorized.”
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
People who would never drive while under the influence of alcohol routinely drive while they are seriously fatigued. Scientifically, intoxication and fatigue are closely related. Driving after 20 hours without sleep, which is like driving home after not sleeping well at night and working a full day at the office, is like driving with a .08% blood alcohol content (BAC) BAC level. That is above the legal limit in Georgia. Shortcuts, like blasting the air conditioner or radio, only help people feel more alert. They do nothing to address clouded judgment, delayed reactions, and other effects of fatigue.
Other than distraction, fatigue is one of the most common and dangerous kinds of driver impairment. Arguably, fatigue-impaired people know they should not drive. But they get behind the wheel anyway and intentionally put other people at risk. As a result, a Marietta personal injury attorney can usually obtain substantial compensation in fatigue-related crashes. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Evidence of Fatigue
Marietta Injury Lawyer Blog