Georgia personal injury attorney

What to Expect in a Georgia Negligence Case

October 14, 2022 | Benjamin S. Persons, IV

Eventually, most personal injury cases in Georgia settle out of court. However, in most civil cases, “eventually” is a very long time. Insurance company lawyers drag their feet as much as possible. Every day that a settlement check stays in the insurance company’s bank account, the bank pays interest. Vehicle collisions kill or seriously injure millions of people each year, and the average injury-related medical bill is over $50,000. Because of the volume and value of these claims, there is a lot of money at stake, and every day counts.

If possible, insurance company lawyers would gladly use legal loopholes and aggressive negotiating tactics to reduce or deny compensation to victims. Only a Marietta personal injury attorney levels the playing field. As a result, victims have a much better chance of obtaining the compensation they need and deserve. Damages in a car wreck case usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well, in some extreme cases.

Pre-Filing Settlements

Feds Continue Watering Down Truck Driver Safety Rules

March 31, 2022 | Benjamin S. Persons, IV

Truck drivers hauling certain consumer products are exempt from some HOS (Hours of Service) rules, according to the Federal Motor Carrier Administration.

The latest exemption does not expire until May 2022 at the earliest. In a statement, the FMCSA stated the extension was necessary, even though COVID-19 cases are dropping, since “persistent issues arising out of COVID-19 continue to affect the U.S. including impacts on supply chains and the need to ensure capacity to respond to variants and potential rises in infections. Therefore, a continued exemption is needed to support direct emergency assistance for some supply chains.”

The HOS waiver applies to drivers carrying livestock, feed for livestock, fuel, most medical supplies, and most food and paper products.

Georgia Auto Accident Lawyers Use Expert Witnesses

March 18, 2022 | Benjamin S. Persons, IV

Sometimes, the causes and results of a vehicle collision are easy to understand. Take this example:

Driver YZ failed to stop at the red light
YZ’s car crashed into the victim BC’s car in the intersection

Deadly Fireball Wreck in Atlanta

March 4, 2022 | Benjamin S. Persons, IV

Police are unsure what caused a serious injury collision on Interstate 20, but they are certain that the crash killed two people and seriously injured several others, including an infant and a teenager.

Investigators believe that a Chevrolet pickup swerved to avoid a Dodge Charger and slammed into a retaining wall. The Charger’s driver and a pickup’s passenger died at the scene. All injured victims, including the two children, were rushed to a nearby hospital with serious injuries.

A dog in one of the vehicles was also seriously injured.

The Five Types of Driving Impairment

January 31, 2022 | Benjamin S. Persons, IV

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

Fireball Dodge Charger Crash Near Forsyth Kills Four People

January 28, 2022 | Benjamin S. Persons, IV

A motorist who was trying to evade pursuing police officers apparently lost control of his car at speeds approaching 170mph. Four people between age 16 and age 22 died in the inferno.

A deputy operating a speed trap initially clocked a Dodge Challenger at 102mph. As the deputy pursued, the suspect sped away. That deputy lost sight of the vehicle, as did another deputy further ahead. When the driver tried to exit Interstate 75, the Charger barreled into a tree line and burst into flames. Two people were able to get out and the other four did not make it.

“It’s sad when young people lose their lives,” especially if the incident involves “poor choices,” opined Monroe County Sheriff Brad Freeman.

Dog Bites in Georgia: What You Should Know

January 14, 2022 | Benjamin S. Persons, IV

In 2020, mostly due to coronavirus restrictions, the number of dog bite claims fell slightly. However, the average settlement per claim hit an all-time high. Medical bill inflation, which has increased significantly since 2008, is partly responsible for this increase. Furthermore, doctors better understand the nature of dog bite physical and emotional injuries. More on that below.

Animal attack laws vary significantly in different jurisdictions. Georgia’s dog bite law is especially complex. Essentially, lawmakers have tried to balance the interests of pet owners, who usually want limited liability laws, and victims, who need protective laws. Typically, if you stay in the middle of the road, you get run over.

So, only a highly-experienced Marietta personal injury attorney should handle these claims. A less-experienced attorney might not be able 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.

Fatal New Year’s Eve Wreck in Barrow County

December 31, 2021 | Benjamin S. Persons, IV

Investigators believe alcohol was the primary factor in a serious collision that killed one person and sent another one to a hospital.

The wreck happened near the intersection of Dee Kennedy Road and Emperor Lane. According to state troopers, a 55-year-old man, who was behind the wheel of a pickup truck, smacked into the rear of a 20-year-old’s Ford Focus. The force of the collision caused both drivers to lose control of their vehicles. The Focus left the road and careened into a tree, killing the driver almost instantly. Emergency responders rushed the other driver to a nearby hospital.

Charges are pending against the truck driver as the Georgia State Patrol Specialized Collision Reconstruction Team continues its investigation.

How Long Does a Personal Injury Lawsuit Usually Take?

November 26, 2021 | Benjamin S. Persons, IV

If you were recently injured by the actions of another party, you may contemplate filing a personal injury lawsuit against that party. The following is some information regarding the amount of time it takes for a typical personal injury lawsuit to be resolved.

What Factors Determine How Long a Personal Injury Lawsuit Will Take?

The amount of time that it takes for a personal injury lawsuit to be resolved will depend on some of the following factors:

Whose Insurance Applies in Rideshare Accidents?

September 30, 2021 | Benjamin S. Persons, IV

If you are injured in an accident while traveling in an Uber, Lyft, or other rideshare service, you may question whose insurance policy applies. Should you attempt to seek coverage from the rideshare company’s insurance or from the driver’s personal car insurance? The answer will depend on the type of insurance the driver possesses and the status of the driver when the accident occurred. The following article will discuss situations where a rideshare company’s car insurance applies to an accident, as well as situations where a rideshare driver will have to use his own auto insurance after an accident.

When Does the Rideshare Company’s Car Insurance Policy Apply?

In order to determine if the rideshare company’s car insurance applies, you must first determine the status of the rideshare driver at the time of the accident. For example, if the rideshare driver’s app is on and that driver is waiting for a customer to request a ride when an accident occurs, Uber and Lyft both provide the following types of liability coverage for the driver: