Georgia Personal Injury Law Blog

Personal injury lawsuits arising from incidents like car, truck or motorcycle accidents can sometimes result in injuries of such severity that the person harmed can die as a result. In other posts we have covered the topic of how the immediate family members of a person so deceased can still pursue a money damages remedy against the defendant through a wrongful death action. But what if, instead of your loved one who was involved in an injury-producing accident, it is the other driver who dies? Does that mean that you can no longer file, or maintain a lawsuit against that person? The answer to that question, fortunately, is “No.” Georgia law holds as a matter of public policy that a person cannot escape liability for an act of negligence or wrongdoing by dying. There is a specific statute governing the survival of causes of action against estates of people who had they…

When a speeding truck slams into the rear of a car, the results can be catastrophic. Collisions caused by an inattentive truck driver, or by someone suffering from truck driver fatigue, failing to apply the vehicle’s brakes in time to avoid an accident is an all too common occurrence on Georgia highways. The existence of automatic braking systems that employ lasers and other technology to signal a truck driver of stopped or slowing vehicles up ahead, has prompted the federal government to consider requiring their installation in all trucks. According to government investigations into the causes of a typical 18-wheeler accident, 64 percent of them involved a frontal collision as the truck crashed into another vehicle. The automatic systems apply the brakes to slow or stop a truck in the event the driver does not do so after being signaled of a crash risk up ahead. Truck accident statistics show…

A repeat DUI offender who resides in the state of Georgia has received a sentence of 30 years in prison after pleading guilty to a hit and run accidents that killed a 19-year-old man. The 34-year-old man was charged with leaving the scene of the crash as well as DUI manslaughter. The crash occurred in Jacksonville, Florida — just south of Georgia. The man is also a registered sex offender and has been required to serve 11 years of probation on top of his 30-year sentence. He will have his driver’s license permanently revoked as well. The 19-year-old was riding his motorcycle east on a well-traveled parkway when the offender turned left, straight into the path of the motorcycle, and their two vehicles collided. The driver of the car was attempting to turn into a luxury apartment complex. The victim was taken to a local area hospital, but died from…

Defensive driving courses offer many benefits to drivers in Georgia. This state-regulated program is designed to teach people valuable skills that will help them to mitigate against risks on the road, learn the laws of the state and be a more responsible drivers. If you are looking for a way to change your driving attitude, get a nice discount on your car insurance and possibly save your own life, taking a defensive driving course is for you. Some driver improvement courses are court-ordered for those who have already committed traffic violations. If you fall into this category, your driver's course will still be a positive experience that will help you to avoid making the same mistakes in the future. It is also a way to prevent additional points from being added to your driver's license, hefty fines, community service, or jail time. If you have been involved in a prior accident…

The family of an Atlanta man who died during a sleep study was recently awarded over $20.5 million of damages in a wrongful death lawsuit. The man, who was only 25 years old at the time, agreed to take part in a sleep study at Emory Healthcare. He died of sudden cardiac arrest while he was at the clinic. The hospital claimed that it attended to the man with appropriate care., but the man’s family believed otherwise. The victim’s mother filed a wrongful death lawsuit on his behalf. She claimed that the hospital was negligent in responding to her son, who tried to get the attention of the staff. The case went all the way to trial, and a jury rendered a verdict in favor of the plaintiff. The jury awarded over $10 million to the man’s estate for his pain and suffering and $10.5 million for the value of…

Motorcyclists will likely tell you that when it comes to getting to where they want to go, they wouldn't have it any other way. The responsiveness, the maneuverability, the fuel economy and more are things that traveling in a car cannot match. But there is no such thing as an unalloyed blessing, and when it comes to traffic accidents the same factors that make riding a motorcycle such a joy can turn into the rider's worst enemies. Simply put, when a car collides with you on a motorcycle the car has all of the advantages. What you have between you and the pavement – your clothing, and your helmet – is what you have. No seatbelt. No airbags. No anti-lock braking. And what that means is that there is a very real risk that you will suffer one or more serious injuries: broken bones, head and spinal cord injuries are…

When an accident happens, a car or other passenger vehicle is no match for a fully loaded tractor-trailer traveling along at highway speeds. A distracted or inattentive truck driver who fails to react to slowing traffic up ahead can cause a collision resulting in serious injuries or death. Reacting to accidents this year on Georgia highways in which 10 people lost their lives when their vehicles were hit by big rigs, Congress is considering legislation to require every truck company to install automated braking systems on vehicles before putting them into service. The collision avoidance technology is designed to maintain a safe distance between the truck and other vehicles that are in front of them. The system works by automatically applying the brakes if an operator suffering from truck driver fatigue or an inattentive truck driver fails to take notice of slowing traffic. Legislators believe the law could eliminate situations…

A middle-aged Georgia woman was out on her morning jog with a friend through a crosswalk when she was struck by a pickup truck. She suffered serious injuries and was taken to a local hospital, where her condition was deemed to be critical. The 46-year-old driver of the pickup truck, also from Georgia, rolled through the stop sign without yielding. Runners in the area are constantly vigilant and aware of their surroundings while crossing the street. Though the four-way intersection where the woman was hit was clearly marked with stop signs and lights, runners claim that this is barely enough to get the drivers to slow down. Those who love to run in the area do so cautiously. The president of the runners club stated that these kinds of accidents are, unfortunately, all too common. The accident report determined that the driver of the pickup truck was at fault in…

Much has been written about the dangers of texting and talking on a cellphone while operating a motor vehicle. The truth is that focusing attention on just those two behaviors ignores the fact that anything that takes a driver’s attention away from the road contributes to making that person a distracted driver and a danger to others. A fatal motorcycle crash was the most recent illustration of the danger a distracted driver poses on Georgia highways. According to police, a motorist became lost and realized that he had gone off the route shown on the GPS on his cellphone. The motorist made a sudden U-turn in an effort to get back on course, but his maneuver took him into the path of oncoming traffic that included a motorcycle. The failure to yield by the motorist caused his vehicle to hit the motorcycle. The rider died from the catastrophic injuries caused…

You could lose your right to compensation by waiting too long after a car collision to sue the negligent driver who caused you to suffer serious injuries. Georgia law sets time limits within which you must file a lawsuit or risk having your claim dismissed when you do finally sue. This law is referred to as the statute of limitations. The purpose of the statute of limitations is to prevent car accident victims and others who may suffer a serious injury at the hands of a negligent party from delaying the filing of their claim. Delays could place the defendant at an unfair disadvantage by not being able to investigate the claim while the evidence is fresh. Witnesses may disappear or forget important information as time goes on. Evidence that might have existed following the event might be lost or destroyed with the passage of time. A Macon car accident victim normally…