Articles Posted in Car Accidents

man on motorcycleWhen the cause of an Atlanta motorcycle accident is disputed, one or both parties may seek to introduce the testimony of an accident reconstructionist. Such testimony is not automatically heard by the trier of fact at trial, however, since the burden of proving the admissibility of the witness’ testimony is on the party seeking to introduce it. Unless the proposed expert is properly qualified to testify as to the issues at hand, the trial court judge will not allow the testimony.

Facts of the Case

In a recent case under consideration by the United States District Court for the Northern District of Georgia, Atlanta Division, the plaintiff was a man who was injured in a motor vehicle collision in August 2014. At the time of the crash, the plaintiff was riding a motorcycle. He filed suit against the defendants, the driver of the truck that allegedly struck the plaintiff’s motorcycle and the driver’s employer. Two insurance companies were also named as defendants.

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One of the reasons that it is so important to talk to an attorney as soon as possible after a motor vehicle collision or another accident resulting in injuries or death is that there may be several potential theories of recovery, some of which may not be obvious to the injured party or his or her family.

Unless these claims are handled promptly and appropriately, the plaintiff may not be able to effectively pursue compensation from certain potentially liable parties later. Continue reading

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Under Georgia Code § 36-11-1, a claim against a county government must be presented within 12 months after it accrues or becomes payable. Otherwise, the claim is barred, and the plaintiff has no further recourse.

It seems like a simple enough idea, but the issue can be more complex than it initially appears. The parties in a recent case had a strong difference of opinion as to whether a particular claim was “presented” within the meaning of the statute.

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insurance contract

How much do you know about your automobile accident insurance coverage? Hint:  this is not a “yes” or “no” question. It’s not about whether or not you have insurance, but instead about the type of coverage and the amount of money available to you if you’re seriously injured in a car crash.

If you aren’t sure of the answer, it is very important that you contact your insurance agent as soon as possible. While Georgia law requires those who own or lease a motor vehicle to have liability insurance, this simply provides a minimum amount of coverage to those who are injured by the driver’s negligence. Liability insurance does not provide any coverage for the driver’s own injuries or for damage to his or her car.

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dark highway

Recognizing that there are instances in which the plaintiff in a lawsuit may have a reason to voluntarily dismiss an action prior to trial but wish to refile the claim at some later time, Georgia law provides a procedure for what is referred to by some as “a nonsuit.”

However, there are certain procedural steps that must be followed in order for the second lawsuit to survive a challenge on statute of limitations grounds, assuming it was filed past the normal deadline.

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There’s a familiar expression to the effect, “it ain’t over ’til it’s over.” The idea is that something may seem to be coming to a certain conclusion, but it isn’t truly over until a particular event takes place. This concept has application in many walks of life, including the settlement of personal injury and wrongful death claims arising from car accidents caused by a negligent driver.

Recently, a federal court certified a question to the Supreme Court of Georgia inquiring as to whether, under Georgia law, the parties in a car accident case had reached a legally binding settlement even though one party had allegedly failed to perform its part of the agreement – in other words, was the case really over?

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With all the advances in vehicle safety in recent years, one would assume that traffic fatalities would be on the downswing. Unfortunately, that assumption would be wrong. Despite air bags, back-up cameras, anti-lock brakes, and other safety equipment, the National Safety Council estimates that were more traffic deaths last year than in almost a decade.

According to a report by the Council earlier this week, close to 40,000 people were killed in motor vehicle accidents in 2016, marking the most drastic two-year escalation in over 50 years. In addition to those killed in traffic accidents, another 4 to 5 million individuals received medical treatment for injuries suffered in car, truck, and motorcycle wrecks.

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