Articles Posted in Auto Recalls

When someone is injured in a Georgia car accident, they have the right to file a case against the driver they believe to have been at fault. Normally, the Georgia Rules of Civil Procedure govern these claims, providing standard timelines for the filing of a case. However, when a plaintiff’s case is proceeding against a government defendant, there are additional requirements that must be followed.

Under Georgia Code § 36-33-5, written notice must be provided to the agency that the plaintiff intends to name as a defendant. The statute requires that the notice include the time, place, and extent of the injury suffered by the plaintiff. In addition, the plaintiff must explain how they believe the government defendant was negligent. In 2014, a new sub-section was added, requiring plaintiffs to also “include the specific amount of monetary damages being sought from the municipal corporation.”

In a recent Georgia personal injury lawsuit, the court discussed the application of this new section to a plaintiff’s case that arose from an accident occurring before the section had been passed.

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According to the National Highway Traffic and Safety Administration, frontal airbags have already saved about 50,000 lives. These safety devices have been estimated to reduce driver and front-seat passenger fatalities by about 30 percent. Furthermore, having a lap belt, a shoulder belt and an air bag may reduce fatalities by over 50 percent. However, Takata airbags that have recently been recalled as defective might increase the chance of serious injuries and fatalities instead of decreasing it.
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