Articles Posted in Accident Law

In a recent case, a plaintiff brought a wrongful death claim against the Georgia Department of Transportation (GDOT) and construction contractors on behalf of her parents who died in a car accident. According to the court’s written opinion, in October 2011, the plaintiff was driving behind her parents’ car on a Georgia interstate when a vehicle hit the side of her parents’ car, which then veered off the road, hit the guardrails and a concrete bridge piling and burst into flames.

The plaintiff filed a personal injury case, claiming that the construction contractors who did construction work were liable for her parents’ deaths. The trial court dismissed the case, but the plaintiff appealed. She argued in part that the construction contractors were liable because the GDOT had not accepted the contractors’ work and reassumed control of the site before the accident occurred.

In 2010, the GDOT had entered into a contract with two construction companies to resurface the asphalt along a portion of the highway. A fence and guardrail company was supposed to complete improvements to the guardrails as well. The construction contractors completed the work, and the GDOT inspected the project and issued a maintenance acceptance letter with regard to the project. The final inspection was completed in November 2010. Then GDOT issued a maintenance acceptance letter in December 2011, and in the letter, reassumed control of the highway portion on January 4, 2011.

Continue reading ›

Recently, a state appellate court issued a written opinion in a Georgia car accident case discussing the issue of a plaintiff’s diminished future earning capacity, as well as the expert testimony necessary to establish such a claim. The court ultimately determined that the jury’s award was supported by the evidence and affirmed the $2 million verdict.

The Facts of the Case

The plaintiff, who was a competitive high-jumper, was involved in a serious car accident with the defendant. Initially, the plaintiff designated an expert who was to testify regarding the impact the accident had on the plaintiff’s personal life and athletic career. The court created a timeline for the case, and assigned certain deadlines. The deadline for the disclosure of witnesses was set for May 12, 2017.

On May 12, 2017, the plaintiff substituted the expert he planned to call as a witness, and amended a previous statement to the court, clarifying that he would be seeking compensation for “diminished earning capacity, diminished ability to work, labor or earn wages.”

Continue reading ›

Recently, a state appellate court issued an opinion in a Georgia car accident case discussing what venues are appropriate in a case brought against multiple motorists, one of which was an uninsured motorist (UIM). The case required the court to determine if the venue-selection clause in the state’s UIM statute applies to cases involving a named defendant in addition to an unknown, “John Doe” defendant. Ultimately, the court concluded that the UIM statute did apply, and affirmed the lower court’s decision to deny the named defendant’s request to transfer venue to his home county.

Georgia’s Uninsured Motorist Statute as Applied to Hit-and-Run Drivers

When a motorist causes an accident, anyone injured as a result of that driver’s negligence can pursue a claim for damages against the driver. However, after a Georgia hit-and-run accident, the injury victim will not be able to file a case against the driver because his identity is unknown.

Thankfully, most Georgia insurance policies contain UIM coverage and a plaintiff can proceed with a case against the hit-and-run driver by naming “John Doe” as a defendant. Under the state’s UIM statute, any “John Doe” driver is deemed to be uninsured and “shall be presumed to be in the county in which the accident causing injury or damages occurred, or in the county of residence of the plaintiff, at the election of the plaintiff in the action.”

Continue reading ›

Earlier this month, a state appellate court issued an opinion in a Georgia car accident case involving a dispute between the plaintiff and an insurance company. The question the court was tasked with answering was whether the plaintiff adequately complied with the requirements of the insurance policy, such that the insurance company was obliged to cover her accident claim.

The Facts of the Case

The plaintiff was involved in a car accident in August 2015. A week or two after the accident, the plaintiff sought medical care for her injuries. However, the plaintiff continued to suffer significantly, which prevented her from working. The plaintiff soon afterward filed a personal injury lawsuit against the other driver; however, notice of the lawsuit was not provided to the insurance company until April 2016.

At the time of the accident, the vehicle the plaintiff was driving was owned and insured by her ex-husband. That insurance policy contained language that, in order to obtain coverage, a claimant needed to notify the insurance company immediately of any accident. The insurance company sought dismissal of the case against it on the basis that the plaintiff failed to provide immediate notice after the accident.

Continue reading ›

All Georgia motorists are required to maintain a certain level of auto insurance in order to legally drive. The purpose of this requirement is to ensure that anyone who causes a Georgia car accident is able to cover at least some of the the costs of medical and other expenses expenses for the accident victims. However, determining whether a person, vehicle, or accident is covered under an insurance policy is not always as straightforward as policyholders believe.A recent case brought this difficulty to light after a plaintiff who was injured in an accident involving a horse-drawn carriage sought coverage for his medical expenses. Ultimately, the court’s opinion held that, although the accident victim’s uninsured motorist (UIM) policy was not implicated in the accident, the carriage driver’s policy may cover the plaintiff’s injuries.

The Facts of the Case

The plaintiff was injured while a passenger on a horse-drawn carriage. At the time, the carriage had just finished participating in a Christmas parade. The driver of the carriage maintained a liability policy with the defendant insurance company. The plaintiff also maintained an unrelated policy with the defendant insurance company. The plaintiff’s policy contained an uninsured motorist provision covering the plaintiff in the event that an at-fault driver was uninsured.

Continue reading ›

Earlier this month, a state appellate court issued a written opinion in a Georgia car accident case involving a plaintiff’s claims against two insurance companies. Ultimately, the court determined that the plaintiff did not properly notify either of the insurance companies about the accident until after the deadline set forth in the policies had expired. Thus, the court held that the plaintiff’s claims against the insurance companies were barred.

The Facts of the Case

The plaintiff was working as a truck driver when he was rear ended by another driver while waiting at a red light. The force from the collision pushed the plaintiff’s truck into the rear of another vehicle, causing the plaintiff to sustain a serious injury to his neck. The accident occurred in December 2013.

In March 2015, the plaintiff filed a personal injury lawsuit against the driver who rear-ended him. However, at some point thereafter, the plaintiff realized that the at-fault driver may be uninsured or may not have enough insurance to cover his injuries, so the plaintiff named his own insurance carrier as a defendant in April 2015. At this time, the plaintiff also named his employer’s insurance carrier as a defendant.

Continue reading ›

Recently, a state appellate court issued a written opinion in a Georgia car accident case requiring the court to determine if the defendant, a local utility company, was entitled to government immunity. Ultimately, the court concluded that the utility was not entitled to immunity because the employee alleged to have caused the accident was not exercising his discretion as a government employee.

The Facts of the CaseThe plaintiff was injured in a car accident when she crashed into a pile of dirt and then into a back-hoe that the defendant utility company was using to replace a pipe underneath the road’s surface. According to the facts as laid out in the court’s opinion, the utility employee had removed the dirt covering the pipe and placed it in a large pile in front of the back-hoe. When the back-hoe was not in use, it was left on the shoulder of the road, partially in the roadway.

The plaintiff testified that she saw a “blur” and was unable to avoid the pile of dirt that was immediately ahead of her. After her car ran into the dirt pile, it then continued to crash into the back-hoe. The plaintiff’s car flipped over onto its side, and the plaintiff was injured as a result.

Continue reading ›

Earlier this month, an appellate court issued a written opinion in a Georgia car accident case involving an insurance dispute between an injured motorist and his insurance company. The case required the court to determine if the accident was covered under the driver’s policy or whether it was subject to an exception for vehicles being operated for hire. Ultimately, the court concluded that the insurance company failed to establish that the plaintiff was operating his vehicle for hire, and it found in favor of the plaintiff.

The Facts of the Case

The plaintiff was a motorist who had occasionally provided an elderly woman with rides from her home into town. The normal arrangement was the plaintiff would pick the woman up at her house and take her to town, and in exchange she would pay him $7.

One day, the plaintiff was driving near the woman’s home when he saw her walking along the roadside. He pulled over and offered to give her a ride into town. The woman accepted, and although she had intended to pay him for the ride, she never did because the plaintiff was involved in a minor accident along the way.

Continue reading ›

Earlier this month, an appellate court issued a written opinion in a Georgia car accident case involving a plaintiff’s conflicting testimony and the effect it should be given. Ultimately, the court concluded that neither of the plaintiff’s statements should be accepted on its face by the court, and the case should be submitted to a jury so that it can resolve the factual issues involved.

The Facts of the Case

The case arose in the wake of a car accident involving the plaintiff and an uninsured motorist. Following the accident, the plaintiff filed a personal injury case against the other motorist. The plaintiff’s father had several policies with the defendant insurance company, each of which provided coverage for accidents involving uninsured motorists. Thus, the plaintiff named her father’s insurance company as a defendant in the case as well.

Before the case reached trial, the plaintiff provided answers to several questions posed by the insurance company. One of the questions asked who lived with the plaintiff, and she responded that she lived with her three children. When asked, she explained that her father lived across the street.

Continue reading ›

Filing a claim in one state versus another or even one county versus another can seem like a minor detail, but it can make a big difference in the outcome of a case. Laws and local court rules differ from one place to another, and even the specific judges and jury pools can be an important consideration in a personal injury case. In a recent case, a Georgia appeals court discussed the considerations that go into determining where a Georgia wrongful death case should be heard.In that case, a girl was killed in a motor vehicle crash, and her mother filed a wrongful death action against a trucking company. She alleged that her daughter was killed after she was hit or forced off the road by a tractor-trailer owned by the defendant. The plaintiff also alleged that the driver pulled over and got out of the vehicle but then fled the scene.

The defendant was a domestic corporation, and the crash occurred in Bibb County, Georgia. However, the defendant’s principal place of business and registered agent were located in Jeff Davis County, Georgia. The plaintiff argued that the case should be heard in Bibb County because venue was proper there under the Georgia Motor Carrier Act because the claim arose in Bibb County. The defendant argued the case should be moved to Jeff Davis County because under OCGA 14-2-510(b)(4), a defendant corporation can remove a case to a Georgia county where it maintains its “principal place of business.” The case was moved to Jeff Davis County, and the court denied the mother’s motion to send the case back to Bibb County.

Continue reading ›