There have been so many initiatives, PSAs, highway signs, and news stories put out there that no one should ever pick up a phone or send a text message while operating a motor vehicle. Yet here we sit, mourning the loss of a loved one. The car accident investigation indicates the reason for the tragedy as a person on a phone text messaging, seemingly unappreciative of the fact that they are in sole control of a massive amount of metal traveling at high speeds on a roadway packed with similar hazards. Any text can wait. Whether the next stop is not for an hour or whether the driver pulls over into a safe zone to review and respond. Any text can wait. Almost six years ago, texting while driving became a prohibited act statewide in Georgia. Survey results released in 2008 showed that Georgia was third in the country when it…

Any time a driver leaves the scene of an accident without talking to the police or exchanging insurance and contact information, it is classified as a hit-and-run in Georgia. This blog post will discuss the penalties for leaving the scene of an accident and what you should do if you are the victim of a hit-and-run. Penalties for hit and run in Georgia The penalty for getting caught and charged with hit-and-run in Georgia greatly depends upon the severity of the accident. If it is a single-car accident that resulted in property damage to the corner of a building, light post, or fire hydrant, for example, misdemeanor charges are possible, but unlikely. Even if no criminal charge is filed, the traffic ticket and fine will be serious and restitution for damage repairs will likely be included. The driver will likely be punished with license revocation, as well. An accident involving…

Unlike many states across the U.S., Georgia does not subscribe to no-fault insurance coverage. Drivers who are found to be at fault for causing the accident may be sued by any injured party, including passengers in their own car, under most conditions. This blog post will explain how "comparative fault" insurance works in Georgia and the ways to file a personal injury liability insurance claim for compensation. How Georgia's modified comparative fault laws work The first insurance matter to be settled in any motor vehicle accident on a Georgia road will be to determine which driver was at fault and whether both drivers may have shared some percentage of responsibility. If one driver is held 100 percent liable for causing the accident, then his or her insurance will be responsible for covering all liability damages paid to injured parties, including passengers in their own vehicle. However, if the other driver is determined to share some of the fault, 20 percent for example, then…

Immediately after car accidents, many victims are so focused on their injuries and recovery that they give little thought to the financial consequences of the accidents. However, once the initial shock subsides, many start wondering about their post-accident legal options. If you suffered injuries in a Georgia car accident, you, too, maybe wondering how you pursue compensation for those injuries. The first step in pursuing compensation is taking stock of your situation. You will need to gather evidence of all of the expenses associated with your injuries. This evidence should include all related medical bills, prescription costs, and the amount of pay you lost from being out of work. The second step is gathering evidence that shows your accident was caused by another driver's negligence. The documents you should gather include the police report, witness statements, and photographs of the accident scene. The third step is contacting a personal injury attorney.…

Are millennials really to blame for the poor condition of our roads and highways, leading to thousands of motor vehicle accidents, injuries, and deaths across the U.S. every year? It's not that simple, but a recent report by Standard's & Poor's, a national financial services and information company, finds that older teens and young adults are partially at fault...in a round-about way. This blog post will explain how the report comes to that conclusion, from the perspective of financing highway projects. It's all about tax revenue Federal and state gasoline and vehicle registration taxes are the primary sources of funding for road repairs, paid primarily through the Federal Highway Trust fund. But since 1993, there has been no increase above the 18.4 cents/gallon federal gasoline tax, and states like Georgia are often slow to raise state gas taxes or vehicle registration fees needed for state-funded projects. In the eight years of records…

If you have been in an accident with your child in the car, there is a chance that he or she has suffered a traumatic brain injury. Depending upon the injury's lasting effects, you probably feel like you have an unlit road ahead of you and few resources to help shed some light. It is a time full of sorrow and frustration, but hopefully, you will find some joy in the accomplishments your child will make as he or she relearns a new way to do once routine tasks. There are different phases of a child's full or partial recovery from a TBI. The first is the acute phase and is the time when children wake from their comas. This is a great time to have familiar items in the room, like favorite stuffed animals, music from home, and pictures of loved ones. Whether your child emerges from the coma aware…

The act of teenagers borrowing the family car can be considered a rite of passage in many American families. Most of the time this happens, the result is harmless. But on occasion, something can go terribly wrong and an accident ensues that harms others. In such instances, the question can come up whether those who actually owned the car were negligent in allowing another person to drive it. This question comes under the legal theory known as "negligent entrustment." In Georgia, courts have defined negligent entrustment of a motor vehicle to be when an automobile owner lends his or her car to another person (it does not have to be a family member) to someone whom he or she knows (that is, has actual knowledge) is incompetent to drive or is otherwise habitually reckless. The negligence on the part of the vehicle owner in lending it to someone who should…

It can be difficult, at times, to determine the cause of a car collision until after the completion of an accident investigation. Although it might appear as though a driver acted responsibly by obeying the traffic laws, a thorough investigation by the police or by an attorney acting on behalf of a victim suffering a serious injury might disclose evidence to prove the person was a negligent driver. A recent auto accident in which three vehicles were involved appears to have been caused by a driver who obeyed a stop sign. Unfortunately, the individual failed to yield to other traffic in the intersection as he drove away from the stop sign. The result was a three-car accident that sent three people requiring medical treatment to the hospital. According to police, one of the drivers pulled away from a stop sign without maintaining a proper lookout for other vehicles in the…

Two Georgia brothers, both members of their high school marching band, were killed in an accident that involved two vehicles. Their vehicle, a small sedan, was traveling north on a local roadway when the driver turned west and collided with a rental truck. The small sedan was struck on the driver's side. Authorities say that the weather might have played a factor in this accident. The driver of the truck, a 44-year-old man, was taken to a local area hospital, as was the oldest brother and driver of the small sedan. That brother, who was 17 years old, died from his injuries the next morning. The younger brother, who was 15, died at the scene of the accident. The wreck occurred within a quarter of a mile from where the boys lived. Both boys were members of the marching band and both were percussionists. They were remembered by friends and…

If you are a parent, one of your nightmare scenarios is likely the possibility of being involved in a car accident while your children are in the car. You can drive as defensively as you can, but that does not mean that every other driver is being as careful as you, and a serious, injury-producing accident can happen that has little or nothing to do with how well you were driving at the time. Your second line of defense when it comes to protecting your children when they travel with you in an automobile is to understand and comply with Georgia's safety laws governing children in cars. Child safety laws depend heavily on the age of the child; the younger the child, the stricter the precautions must be. The threshold age is eight. If your child is not yet eight years old, you are required to have an approved safety seat…