Articles Posted in Pedestrian Accidents

In a recent opinion, a Georgia appellate court recently addressed several issues stemming from a car accident involving a teen driver and a pedestrian who was walking his dog. One of the prevalent issues on appeal is whether the defendant’s “Act of God” defense was enough to avoid liability for the injuries that the plaintiff sustained.

The case arose after the teen driver hit the pedestrian and his dog as they were in a cross-walk near a large grocery store. The driver argued that she should not be liable for the accident because the sun blocked her vision, and she was unable to see the plaintiff or his dog. The appellate court found that the trial court appropriately granted the plaintiffs motion for summary judgment on the defendant’s act of God defense.

In Georgia car accident cases, an act of God defense is an affirmative defense. Therefore, the law requires plaintiffs to “pierce” the defense to successfully move for summary judgment. In other words, plaintiffs bear the burden of proving that the defendant’s affirmative defense is insufficient under the law. If the plaintiff meets that burden, then the defendant must show that there is a genuine issue of material fact.

Not all injuries caused by Georgia car accidents are covered by the injury victim’s automobile insurance policy. However, other insurance policies may offer coverage to people injured by a motor vehicle in certain circumstances. The Court of Appeals of Georgia recently ruled that a property owner’s homeowner’s insurance policy could be responsible for injuries caused to a woman who was injured in the owner’s driveway when she was run over by the homeowner’s truck.

The plaintiff was injured while she was looking at her friend’s truck in his driveway. She claimed to have inadvertently released the emergency brake while the vehicle was in neutral and was subsequently run over by the car, suffering substantial injuries. The woman pursued a personal injury lawsuit against the owner of the truck, as well as the insurance company who provided his homeowner’s coverage, seeking damages to compensate her for the injuries she sustained from being run over.

Before trial, the defendant insurance company pursued a ruling from the court to determine that they could not be held liable for the plaintiff’s injuries because of specific exclusions relating to motor vehicles in the homeowner’s insurance coverage at issue. The trial court granted the defendant’s motion, finding that because the injuries arose out of the “use” of a motor vehicle, that the policy exclusion applied and the plaintiff could not pursue a claim against the insurance company.

Atlanta has been experiencing robust growth for decades, which has been a boon for the city’s cultural landscape, job market and entertainment options. The downside is that with such high population growth comes a significant increase in car and pedestrian traffic, increasing the potential for dangerous accidents and adding to Atlanta’s already precarious traffic situation. Following these simple suggestions can help decrease the likelihood that you will be involved in a deadly pedestrian accident, and help make the city a safer place for both drivers and citizens on foot. If you are involved in a serious pedestrian accident, turn to an experienced personal injury lawyer in Atlanta at McAleer Law, who is available to give helpful advice and could let you know what your next steps should be.
Continue reading ›

Contact Information