personal injury

What is a “Preponderance of Evidence” in a Georgia Car Accident Lawsuit?

October 11, 2024 | Benjamin S. Persons, IV

Whenever you accuse someone else of wrongdoing in the United States, you generally shoulder the “burden of proof” – and this applies to car accidents. It is your responsibility to prove that a negligent driver caused your crash. In contrast, the accused driver is under no obligation to prove their innocence. This is an important concept to understand when pursuing a car accident lawsuit in Georgia.

How Much Evidence is a “Preponderance?”

First, it is important to distinguish between criminal charges and civil lawsuits. Both may stem from car accidents, but each court is associated with a different burden of proof. For example, you may have been struck by a drunk driver in Georgia. In criminal court, prosecutors must prove “beyond reasonable doubt” that they were intoxicated while operating their vehicle. This is a relatively high burden of proof, and it means that the defendant can walk free even if there is a slight doubt about their guilt.

Georgia Woman Killed by Brake Caliper Flying Through Windshield

August 16, 2024 | Benjamin S. Persons, IV

Imagine driving down a highway in Georgia when suddenly a foreign object smashes straight through your windshield. Although this might seem like a “freak accident,” it is exactly what one woman experienced before she lost her life. What can you do after a car accident in Georgia like this one? Who is responsible for objects smashing through windshields, and how can you pursue compensation for your damages?

Young Woman Dies in “Freak Accident” on Georgia Road

In August 2024, it was reported that a 20-year-old woman had lost her life in Georgia. She was riding in the passenger seat of her boyfriend’s car when a brake caliper smashed through the windshield, impacting her and causing fatal injuries. The authorities later determined that the brake caliper had detached from a nearby truck. The only silver lining was that her death was “almost instantaneous.”

What to Do After Being Ejected From Your Vehicle in Marietta

August 9, 2024 | Benjamin S. Persons, IV

A vehicle ejection in Marietta can be one of the most traumatic life events imaginable. In this type of accident, the occupant is thrown through their vehicle window and onto the asphalt. Catastrophic injuries are highly likely, and many people do not survive. But what happens if you do survive a vehicle ejection? What should you do next? Your next steps may be more important than you realize – especially if you plan to pursue compensation.

Vehicle Ejections are All Too Common in Marietta

In August 2024, it was reported that a driver had been ejected from their vehicle after a crash involving the local police force. The authorities say that the victim was driving a Mustang when she slammed into a police car and then a Toyota Prius. The Mustang driver was then ejected from her vehicle – assumedly through the windshield.

Potential Injuries After Fiery Crashes in Georgia

August 2, 2024 | Benjamin S. Persons, IV

If you have been injured in a fiery Georgia car accident, you might be struggling with various injuries. Perhaps you have suffered disfiguring scars. Maybe you are struggling with the effects of smoke inhalation. Whatever the case may be, access to high-quality medical treatment is essential. Accident victims should always seek prompt medical care – even if they’re not sure how bad their injuries are.

Three Confirmed Deaths After Fiery Georgia Car Accident

Fiery crashes can easily become fatal. In August of 2024, three deaths were reported after a fiery wreck in Georgia. Police say that three vehicles were involved in the crash, and one of these vehicles erupted into flames after the collision. Although first responders were quickly called to the scene, they arrived to find a group of individuals entrapped within the vehicle. One can only assume that these were the three individuals who perished.

Tips for Dealing With Insurance Companies in Cobb County

September 15, 2023 | Benjamin S. Persons, IV

Are you dealing with insurance companies after a car crash or collision? For many people, dealing with insurance can be almost as emotional or upsetting as the accident itself.

If you’ve had a recent car accident and have questions to discuss, talking with a professional Marietta personal injury lawyer may help you sort through the red tape.

According to a report in the Marietta Times, the driver of a truck was killed in an accident on Interstate 77. The accident occurred near the 178-mile marker. Upon crossing the area of the Worthington Creek bridge, the tractor-trailer ran off the road, swerved, and overturned. The cab sustained major damage, and the driver died as a result of injuries.

How to Deal With Aggressive Drivers in Georgia

July 9, 2021 | Benjamin S. Persons, IV

Road rage has been on the rise lately in the state of Georgia. In fact, just this year there have been over a dozen road rage shootings in Atlanta alone. The Georgia State Patrol has indicated that it is working diligently to deal with these road rage issues. Georgia State Patrol Sergeant Jay Trawick has asserted that there are things drivers can do to safely avoid a road rage accident. The following article will address some ways to deal with aggressive drivers and minimize the occurrence of road rage accidents.

What is road rage?

Road rage occurs when a driver commits an assault with a motor vehicle or other dangerous weapon on the driver or passengers of another motor vehicle. This conduct can endanger other people and property. A driver typically engages in road rage when the conduct or actions of another driver enrages him enough to respond with aggressive behavior.

Rear-End Accidents are a Fact of Life

March 30, 2021 | Benjamin S. Persons, IV

Rear-end accidents happen all the time, and they can be a pain in the neck, often quite literally. Whiplash, a neck injury caused by rapid movement of the neck back and forth, resembling the cracking of a whip, is a common result of being in a vehicle that is struck from behind. Whiplash is bad enough, but rear-end accidents can cause any number of other injuries, as well, particularly at high speeds. Such accidents are, unfortunately, fairly common. In fact, rear-end crashes happen more often than any other kind of traffic collision. Nearly 30% of all traffic accidents involve a rear-end collision, leading to a considerable number of injuries and deaths every year. In fact, reports indicate that there are about 1.7 million rear-end traffic accidents per year, resulting in about 1,700 fatalities and another 500,000 injuries.

Drivers Usually are the Cause of Rear-End Collisions

When one vehicle strikes another vehicle from behind, the odds are pretty good that the driver of the vehicle hitting the vehicle from the rear has messed up and is at fault. It is not always true, but it is a pretty good bet. Tailgating contributes to more than a third of all traffic collisions, making it an obvious cause of the majority of all rear-end collisions. In a more general sense, federal statistics blame 87% of rear-end accidents on drivers simply not paying attention to traffic and what is in front of them. Other sources identify more specific causes, but many seem to be rooted in driver inattention or error, including:

Boating is a Popular Recreational Activity Nationwide

March 12, 2021 | Benjamin S. Persons, IV

Americans love putting a boat in the water, and Georgians are no different. Whether it is on lakes, rivers, or the ocean, when good weather rolls around, you can look forward to thousands of Americans heading for their favorite body of water to have a little fun. There were nearly 12 million recreational boats registered in the U.S. in 2019, including jet skis and other personal watercraft. More than 331,000 of those were in Georgia, putting the state 11th in the nation for the largest number of registered boats. Boating is popular wherever there is enough water to float a boat, and Georgia has lakes, rivers, and ocean coastline that provide ample opportunity to take to the water.

Boating Has a Downside

As much fun as boating can be, it carries risks. Thousands of boating accidents happen each year, resulting in thousands of injuries and hundreds of deaths. The Coast Guard recorded 4,168 recreational boating accidents in 2019, with 613 fatalities and 2,559 injuries, in addition to roughly $55 million in property damage. There were 109 boating accidents in Georgia in 2019, with 23 deaths and 57 injuries, according to the Coast Guard. Those numbers probably far underestimate the actual number of accidents, as not all boating accidents must be reported to the Coast Guard, meaning the service’s statistics on boating accidents are not comprehensive.

The Importance of Establishing Causation in a Georgia Personal Injury Lawsuit

July 31, 2020 | Benjamin S. Persons, IV

Causation is a key element of any personal injury claim. What do we mean by that? Basically, if you are in a car accident and later sue the other driver for damages, it is not enough to show that person’s negligence led to the accident. You also need to show that the accident was the “proximate cause” of any physical, mental, or monetary loss that you suffered. Absent such proof causation, there is no viable personal injury claim.

Coleman v. State Farm Mutual Automobile Insurance Company

As a general rule, you do not need expert evidence, such as testimony from your doctor, to prove causation. As with every rule, there are exceptions. For instance, if your personal injury claim involves a “medical question” that requires specialized medical knowledge–i.e., something the average juror could not understand without some sort of guidance from a trained professional in that specialty–then the court will require such evidence before allowing a case to proceed.

Georgia Supreme Court Bars Personal Injury Lawsuit Against DPS Due to Late Notice

March 6, 2020 | Benjamin S. Persons, IV

In Georgia, there is normally a two-year statute of limitations for personal injury claims. So for instance, if you were injured in a car accident that took place on March 1, 2018, you would have until March 1, 2020, to sue the negligent driver. If you tried to sue after the statute of limitations expired, a court would be required to dismiss your case, regardless of the merits.

Now, Georgia law also “tolls” or stops the two-year clock when the personal injury claim arises from a criminal act (as opposed to mere negligence). This tolling period lasts from the date of the criminal act “until the prosecution of such crime or act has become final or otherwise terminated.” However, this tolling period typically cannot exceed six years.

Department of Public Safety v. Ragsdale