The case Spires v. Thomas involves a question of summary judgment in a personal injury case. Summary judgment is a ruling in favor of one party without a full trial. To succeed on a summary judgment motion, the person bringing the motion must prove that there is no genuine dispute of fact and that they are entitled to judgment as a matter of law. Plainly stated, summary judgment is when one party asks the court to find in favor of them because it is clear that there is no evidence to support the other side’s claims in the dispute. In ruling on summary judgment claims, the court interprets the facts in a manner most favorable to the party not bringing the motion. If the party bringing the motion convinces the court that there is no genuine dispute of fact, their motion will be granted, and they will get a ruling…

If you or a loved one sustains a work-related injury, you need the advice of an attorney to make sense of your available options. Generally, you have two potential ways to recover compensation for your injury. First, you can file a claim for workers' compensation. Second, you may be able to file a personal injury lawsuit to receive compensation. There are essential differences, limitations, and restrictions between the two options. This article will discuss both options available to you. What Is Workers' Compensation? You may think of workers' compensation as an insurance program to protect employees injured while at work. Work-related injuries are common throughout the country, and Georgia is no exception. In 2020, the Georgia State Board of Workers' Compensation processed 31,500 claims. Paid benefits for the year exceeded 706 million dollars. The Georgia Workers' Compensation mandatory insurance provisions exist to protect you while at work. As an employee,…

Car accidents involving rideshare vehicles, such as Lyft and Uber, are on the rise in Georgia. Uber opened in Atlanta in 2012. Lyft arrived two years later, in 2014. We often hear about the many benefits of the rideshare industry. They provide efficient and affordable transportation. While these rideshare services are generally safe, they have increased the number of accidents, including fatalities, on Georgia roadways. Georgia accidents involving the two primary rideshare services, Uber and Lyft, raise unique legal questions. These questions generally concern who is financially responsible when accidents do occur. With the possibility of multiple parties being at fault and overlapping insurance companies, the answer to these questions depends on the unique circumstances of each accident. This article will review the current legal landscape and answer many of your questions concerning a Georgia Uber or Lyft accident. If you have any additional questions, contact Dozier Law for a…

You could be hurt by an Uber or Lyft rideshare driver in any number of ways. You might be a passenger in a rideshare at the time of the accident. Or you might be in another car involved in the accident. You could be a pedestrian or cyclist struck by the driver. Here’s more about what this means for purposes of your ability to file a claim or otherwise recover compensation in a lawsuit over your injuries. Why It’s Hard to Sue Rideshare Companies Under normal circumstances, if you are injured in an accident that is the fault of another driver who was working at the time, you can sue his employer. The law treats an employer as liable for negligence that occurs when the driver is within the scope of his employment. That is to say, the driver can make his employer liable if he was doing what he…

A needless death at any age is devastating, but to lose a teenager because of the negligence of another person is indescribable. Many family members who have lost a child, parent, or spouse, as a result, have filed a wrongful death lawsuit, in part, to hold the negligent individual responsible for his or her actions. A Georgia family will have the option to file a wrongful death lawsuit after the death of their 17-year-old son. According to information in police reports, a 17-year-old driver was alarming his three passengers as he was driving erratically down the road. He crashed into a tree after losing control of the vehicle. The crash caused flames to erupt, engulfing the entire vehicle. A 911 call was made, but dispatchers had difficulty determining where the vehicle was located. The passenger in the front was killed in the crash, and the other two in the back seat…

A September weekend was dangerous for pedestrians in Georgia. In less than 24 hours, seven pedestrians were hit by motor vehicles in five separate incidents throughout the state. Out of the seven hit, four died from their injuries. Two killed on Sept. 14 On the evening of Sept. 14, 2018, a minivan hit a 74-year-old woman who was crossing six lanes of traffic in Athens-Clarke County. Her injuries were severe, and she died at the hospital. Police were not expecting to file charges against the driver who struck the woman. Less than a half-hour later, a hit-and-run driver struck and killed a 40-year-old woman in Cobb County. The police had little information to go on, and the driver in that accident remains at large. Three injured, two killed on Sept. 15 On Sept. 15, in Clayton County, a stolen delivery truck mowed down three pedestrians. The trio sustained moderate injuries, including broken bones,…

Drivers in Georgia and the rest of the United States face the same roadway risks associated with distracted drivers. Mobile tablet or smartphone use by someone behind the wheel creates a serious distraction that has been linked to car accidents. Data reviewed by the national Centers for Disease Control and Prevention reveal facts about the hazards of driver distractions. From 2011 to 2012, the number of people injured in distracted driver accidents increased by 9 percent from 387,000 to 421,000. The year 2012 also saw 3,328 deaths in similar crashes. In 2011, distracted driving caused 17 percent of car accidents in which a person was injured. The CDC defines sources of distraction in three ways: visual, manual, or cognitive. Texting and driving are especially dangerous because the activity causes all three types of distraction. Texting makes the driver take his or her eyes off the road, remove one or both…

Three people were injured in a collision in Mitchell County on December 25. The driver of one of the vehicles involved in the crash was charged with driving under the influence in relation to the incident. According to the Georgia State Patrol, the car accident occurred at about 12 p.m. at the intersection of GA 112 and GA 262 near the Grady-Mitchell County line. A vehicle driven by a 40-year-old woman, traveling south on GA 112, stopped to yield to oncoming traffic while attempting to make a left turn onto 262. Another vehicle, driven by a 27-year-old man traveling north on GA 112, crossed the center line and collided head-on with the woman's vehicle. The female driver and her 81-year-old female passenger were transported to a local Thomasville hospital for treatment of serious injuries. The male driver suffered only minor injuries. He was transported to a hospital in Camilla for treatment. Besides…

Regardless of how good a Georgia driver is, he or she cannot control what other drivers do. Sudden changes by others can lead to dangerous situations that increase the risk of an accident. This is generally true even if the driver has time to anticipate what others are doing on the highway. However, there are technologies that may enable vehicles to take some of the guesswork out of driving. These technologies work by alerting the driver of changing conditions and may even help the car take action to stop by itself. Automatic braking and other speed-limiting technologies may help drivers avoid rear-end collisions, while lane-departure warnings can help drivers avoid accidents while changing lanes. According to the National Highway Traffic Safety Administration, these technologies are not always standard in vehicles. In some cases, they are not even required to help a vehicle meet safety requirements. The National Transportation Safety Board…

The Georgia State Police report that on Oct. 9, a four-vehicle accident in Conyers claimed the life of one person, and two other individuals who were involved were hospitalized for unknown injuries. One of the injured victims, a deputy, was reportedly pursuing the wrong-way driver at the time of the crash. According to the report, the chain-reaction collision transpired at the intersection of Old Covington Highway and Sigman Road in Rockdale County around 11:30 p.m. when a woman driving a Hyundai Santa Fe in the wrong direction on Sigman Road smashed into a black Kia. The force of the impact caused the Kia to crash into a pickup truck, at which point both cars and the truck collided with a fourth vehicle belonging to the deputy who had been chasing the wrong-way driver. The woman driving the Kia was instantly killed in the initial collision with the Santa Fe and…