Articles Posted in Auto Accidents

After a year-long study, the National Transportation Safety Board last year found that the faulty and confusing signs which caused the deadly bus crash at I-75 at Northside Drive in Atlanta have been replaced by the State of Georgia. As one safety expert put it, the former confusing road signs were “potentially a killer.” Based on the tragic wrecks that have occurred within the Atlanta City limits at this junction of the interstate, that would be an understatement.

In addition to replacing the signs, the State of Georgia has settled with the victims and their families for a total of $3 million, which is the maximum exposure for a single accident that the State of Georgia (due to sovereign immunity, which the state and other governmental entities enjoy in varying degrees) has in these situations. In the deadly crash, the driver of a charter bus carrying a college baseball team mistook the exit sign for the I-75 through way and exited the highway ramp at highway speed. Not realizing that the bus was now on the exit ramp, the bus driver continued through the exit ramp, rammed a concrete wall, jumped the bridge and landed back onto I-75. The crash caused 5 deaths and numerous other severe injuries.

This is yet another example of a single-vehicle accident which, at first blush would lead many injured people to believe that they did not have a case. However, as we have discussed in the past, despite great odds, many single vehicle accidents have resulted in multi-million dollar settlement or verdicts. The key to pursuing these cases is to involve an experienced auto accident lawyer early so that a proper investigation can be conducted. Many times, the real cause of the wreck is not apparent at the scene and the police investigation does not always uncover all of the factors and parties that caused or substantially contributed to the wreck. That is why a thorough investigation (other than the initial police report or initial investigation by an accident re-constructionist) should be conducted as soon as possible. This should include, but is not limited to, which vehicles were involved in the wreck, the identify of all drivers, whether any drugs or alcohol contributed to the wreck or were found in any of the vehicles, the service log of any truckers involved to determine if they were lawfully driving at the time of the wreck or whether they were fatigued and should not have been on the road, any witnesses, and any other factors that might help determine responsible parties for the wreck.
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As I discussed in the last blog post, as an experienced Georgia personal injury lawyer, I have represented many clients injured in automobile accidents. While every case is different and no two clients are alike, I am writing a series of blog posts to address those questions which come up most often. Knowing the answers to these common automobile accident questions should enable those injured in Georgia car accidents to be better informed about the litigation process. The questions are in bold and are followed by the answers:

How long do I have to bring a lawsuit for injuries I suffered in an car accident? Under Georgia law, you must file a lawsuit for personal injuries sustained in an automobile accident within two (2) years from the date of the accident. Interestingly, claims for loss of consortium (i.e., a spouse is entitled to fully recover for the loss of the injured spouse’s marital relations such as companionship and sexual relations) must be brought within four (4) years.
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As an experienced Georgia personal injury lawyer, I have had the pleasure of representing many clients injured in car accidents. Some questions come up quite often and I thought it would be helpful to cover those questions here in a series of blogs so that those injured in Georgia car accidents would be better informed from the start. The questions are in bold and are followed by the answers:

I was involved in an automobile accident. It was the other driver’s fault and I have been seriously injured. Who is responsible for paying my medical bills?
Under Georgia law, the at-fault driver is responsible for paying all of your damages that result from the car wreck. The at-fault driver is responsible for paying your medical bills; your out-of- pocket expenses; any lost wages that you have incurred in the past or will likely incur in the future as a result of the wreck; and an amount of money to fully compensate you for the pain and suffering caused by the automobile accident. If you are married, your spouse is entitled to fully recover for the “loss of consortium” that the accident has caused. Since loss of consortium compensates one for the loss of their spouse’s marital relations, these damages can be substantial, but are derivative of the claim of the injured spouse. In other words, if the claim for the injured spouse is not successful, the loss of consortium claim is lost.

Should I hire a lawyer?
The short answer is, “Yes, you should hire a lawyer to represent you.” Studies show that injured people who hire an experienced personal injury attorney to represent in a automobile accident case recover over $35,000 to resolve their case, while those who do not hire an attorney and settle on their own get about $6,624. If you have any doubts whether you should hire a lawyer, just ask the insurance company defending the at-fault driver if you need to hire an attorney. The resounding response will be, “No.” The insurance company will do everything in their power to stop you from hiring an attorney. Why? Because they know what we are discussing here: seriously injured people are compensated much better for their injuries when they are represented by an experienced Georgia personal injury attorney. Yes, you must pay the attorney’s fees, but you are much better off in the end. And not to belabor the point, but the more serious your injuries, the higher the stakes and the more you need to hire an experienced personal injury lawyer.
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In a moment, I will reproduce the long and confusing letter I received last week from my Atlanta insurer. But before I do, I want to give you the free legal advice I promised: Do NOT reject the revised uninsured motorist coverage that is now being offered to all Georgia drivers. I can provide this advice without knowing you. Without knowing your financial status; without knowing your age, income, driving history, medical history, neighborhood in which you live, or anything else about you. Why? Because the new law benefits all drivers. You see, the insurance industry fought hard against this law because it requires them to provide more coverage for a very small added premium. It’s funny how that works. The insurance companies lobby with all their might to stop a bill from passing. Most times, they claim it is a bad bill for consumers. But, the reality is: insurance companies lobby against bills that are good for the consumer and which cost insurance companies money.

I am sad to say that many potential clients have come to me after sustaining catastrophic injuries resulting from the negligence of an un-insured (or under-insured) driver. This is the exact situation in which your uninsured motorist coverage should kick in to help you, if you have it. But under the old law, your insurance company was entitled to a “set-off” which reduced the amount of your uninsured motorist coverage by the amount of the at-fault parties liability insurance. Many times, this setoff wiped out your uninsured motorist coverage and resulted in the insurance company not having to pay you anything for your injuries. This unjust outcome is now addressed by the new law, unless you reject this added coverage in writing. Simply stated once again: don’t reject the added coverage, it is invaluable and costs next to nothing to get, yet provides an invaluable source of insurance coverage should you get into a bad wreck with a driver who is not insured or who is under-insured.

The following is a reproduction of the letter I received from my insurance company. To be sure, it is long and it is confusing. I am pretty sure that the insurance company has done this on purpose, in the hopes that some who are confused by the letter will reject the new coverage. Here is the letter:

“According to our records, your policy contains Uninsured Motorist Coverage. This important coverage provides protection for you, your family, your passengers while occupying your vehicle, or another driver operating this car with your permission, when another at-fault driver is legally responsible for your injuries or property damage but that driver does not have any automobile liability insurance. Coverage may apply if the at-fault driver has liability insurance but the amount of insurance is less than the damages you sustained in the accident. the actual terms of this coverage are governed by Georgia law.

During the 2008 Session of the Georgia Assembly, a law was passed that requires us to provide revised Uninsured Motorist Coverage unless you reject this coverage in writing. We refer to this new coverage as Uninsured Motorist Coverage-Added on to At-Fault Liability Limits, hereinafter referred to as “New Uninsured Motorist Coverage”. This New Uninsured Motorist Coverage provides additional protection at a higher premium than the coverage you currently have.

If you or other eligible insureds are injured or have property damage caused by an uninsured or underinsured motorist, the New Uninsured Motorist Coverage provides protection that will pay for your damages in addition to the at-fault drivers Liability Coverage limit up to your New Uninsured Motorist Coverage limit.

If you reject the Uninsured Motorist Coverage, you may select  Uninsured Motorist Coverage-Reduced by At-Fault Liability Limits hereinafter referred to as “Traditional Uninsured Motorist Coverage”. This coverage is comparable to the coverage you currently have. Traditional Uninsured Motorist Coverage provides less coverage than the New Uninsured Motorist Coverage, but the Traditional Uninsured Motorist Coverage is available at a lower premium. Unlike the New Uninsured Motorist Coverage that provides up to a full limit of protection over and above the at-fault drivers liability coverage, Traditional Uninsured Motorist Coverage will only pay up to the difference between the at-fault drivers Liability Coverage and your Traditional Uninsured Motorist Coverage. This means Traditional Uninsured Motorist Coverage will allow you to collect from the at-fault driver and your Traditional Uninsured Motorist Coverage, combined, up to the same limit of Traditional Uninsured Motorist Coverage you have purchased.

The two uninsured motorist coverage choices do not differ if the at-fault driver responsible for your injuries or property damage does not have any Liability Coverage. In such cases, both New Uninsured Motorist Coverage and Traditional Uninsured Motorist Coverage will up to the amount of Uninsured Motorist Coverage purchased. We understand that these coverage choices can be confusing…”
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According to an article in today’s New York Times, the risk of accident caused by drivers who text while operating vehicles sharply exceeds previous estimates.

The study placed cameras in the cabs of 18-wheeler trucks. It found that when the drivers texted, they were 23 times more likely to be involved in an accident. The researchers believe that these findings are generally applicable to car drivers as well.

The issue of texting causing accidents has recently been highlighted by several highly publicized crashes caused by texting drivers, including a trolley car accident in Boston and a recent incident in Atlanta, Georgia when a passenger photographed a MARTA train operator texting while operating the train.

It takes about 5 seconds for a driver to take their eyes off the road, text and return their attention back to the road. This is about the time it takes for a car or truck traveling at normal highway speeds to cover the length of a football field. Clearly too long for one’s attention to be diverted while operating any vehicle.

As a Georgia lawyer who regularly litigates car and truck accident cases, it amazes me that texting and driving has not been brought to the forefront of attention. We, as a society, must put laws in place that stop drivers from texting while driving AND ENFORCE THE LAWS! When I drive in Atlanta to and from the office, I notice that half the people on the road are texting while driving. This is not an exaggeration. It is shocking to see people driving on the highway at 70 MPH and texting on the phone. Similarly, in stop and go traffic, simply look to your left and look to your right. What will you see? Well, chances are that one of those drivers will be texting (or worse yet, watching a movie or playing a game on their phone).

From a legal perspective, accidents caused by these people are skyrocketing and they are at fault. As I have discussed on other occasions, the following are the legal elements of a negligence claim, and a lawsuit based on a car wreck is a type of negligence claim:

Elements of a Negligence Claim

In order to win a negligence case, the plaintiff (the person injured) must prove the following  elements to show that the defendant (the person at fault) acted negligently:

1. Duty – The defendant owed a legal duty to the plaintiff under the circumstances;
2. Breach  – The defendant breached that legal duty by acting or failing to act in a certain way;
3. Causation  – It was the defendant’s actions (or inaction) that actually caused the plaintiff’s injury; and
4. Damages – The plaintiff was harmed or injured as a result of the defendant’s actions.

On the roadways of Georgia, every driver owes a legal duty to all others to drive reasonably and to use caution. This duty is breached when a driver is texting while operating a vehicle. The action of texting is what caused the accident, and hence the plaintiff’s injuries. Finally, the damages are the injuries which flow from the accident. Therefore, these are all of the elements needed to support a lawsuit against a Georgia driver who causes and accident while texting.
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As an experienced Georgia Injury lawyer, clients frequently ask me whether they are entitled to recover attorneys’ fees as part of their damages when they are forced to file a lawsuit in Georgia. In this context, “attorneys fees” are those fees awarded by the court (either by the judge or the jury) to be paid by the opposing party as part of the damages awarded. The short answer is: yes, attorneys’ fees are available as an element of damages, but recovering them is never guaranteed. In business disputes and breach of contract litigation, there is usually a contractual right to recover attorneys’ fees for the prevailing party in the contract. Or, at times, there will be statutory authority to recover attorneys’ fees and interest. However, in personal injury litigation, the principle statute relied upon to recover attorneys’ fees and expenses of litigation is O.C.G.A. § 13-6-11.

Under § O.C.G.A. Section 13-6-11, a plaintiff is entitled to attorneys’ fees when: (1) the plaintiff has specially pleaded and has made a prayer to the court therefore; and the defendant has either (2) acted in bad faith; (3) has been stubbornly litigious; or (3) has caused the plaintiff unnecessary trouble or expense.

If the plaintiff in a legal action in Georgia can prove one of these elements, the plaintiff would be entitled to attorneys’ fees and expenses of litigation, in addition to all of the damages he or she is entitled to under the law. Under Georgia law, whether a litigant has been stubbornly litigious is a question of fact for the jury to decide, rather than a question of law that would be decided by the judge during trial.

“Where no bona fide controversy exists, then forcing a plaintiff to resort to the courts in order to collect is plainly causing him ‘unnecessary trouble and expense.’ “ Buffalo Cab Co. v. Williams, 126 Ga.App. 522, 524, 191 S.E.2d 317 (1972). Such a “so sue me” attitude authorizes the imposition of attorneys’ fees and the expenses incurred in litigation:

A defendant without a defense may still gamble on a person’s unwillingness to go to the trouble and expense of a lawsuit; but there will be, as in any true gamble, a price to pay for losing.

Id. at 525, 191 S.E.2d 317. And the question of whether there was a bona fide controversy is for the jury “unless the facts preclude such a finding as a matter of law.” Webster v. Brown, 213 Ga.App. 845, 846(2), 446 S.E.2d 522 (1994).
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This article is addressed to those who have been seriously injured in a Georgia automobile accident and have not yet retained an experienced injury lawyer. The single most important action you can take to protect your legal rights and to make sure you recover all that you are entitled to is: consult with an experienced Georgia accident lawyer as soon as possible. A good quality injury lawyer always earns his or her fee by strengthening your case and maximizing your recovery. In addition, the following may be helpful:

1. BE VERY CAREFUL ABOUT WHO YOU TALK TO
DON’T talk about your injuries or the accident with the other party’s insurance adjusters or lawyers, even if they tell you they are appraising the damage to your automobile. I urge you to not talk to anyone about the accident, until after you have consulted with a qualified Georgia injury lawyer. You are required to talk to your own insurance company, but your lawyer is entitled to be present. Many times, insurance companies try to twist statements you make into admissions against your interest. These admissions hurt your case because they are taken out of context or because the statement is blown out of proportion. As a general rule, the less communications you have with the other party’s insurance company until you have obtained quality legal counsel, the better.

2. POLICE REPORT / WITNESSES

DO obtain a copy of the police report as quickly as possible and provide it to your lawyer. If you know of any witnesses to the accident, write their name, address and telephone numbers down and provide your lawyer with a copy as soon as possible. Many times, the facts of the accident (i.e., who caused the wreck) are disputed by the drivers involved. I cannot tell you how many times our case was proven by the testimony of an independent witness who testified that the other party caused the wreck. Not only does this prove your case, it also tends to show the jury who the honest and deserving party is (you!). There is a certain sense of urgency to this because, as time goes by, memories fade, witnesses move and cannot be easily located, and people become less inclined to help. It is important to conduct a thorough investigation and to get sworn statements from all important witnesses.

3. DIARY OF PROBLEMS

DO keep a diary of problems that you confront because of the injuries you suffered in the car wreck. Write down when you are experiencing pain and suffering, activities that you are not able to perform or are able to perform, but must do so with pain and other problems. Serious injuries usually result in large amounts of damages in the form of medical bills, pain and suffering, lost wages, disfigurement, future medical bills, and a diminished quality of life. In addition, the spouse of an injured person is entitled to be fully compensated for their “loss of consortium” which is the loss that occurs when a spouse is injured and the other spouse loses their companionship, services, and marital relations. So, it is important to document what you are suffering from and how it is affecting your life.

4. LOST WAGES

DO document your lost wages. In Georgia, you are entitled to be fully compensated for you injuries. This includes compensation for lost wages (both past and future), Be certain that you have the name and addresses of all employers from which you lost wages due to the accident. If you are self-employed, obtain records that will show your wage loss. Keep an accurate record of all days lost from work due to the accident and/or your injuries.

5. DAMAGE TO YOUR AUTO AND PERSONAL PROPERTY

DO take pictures of all damages to your car, and to the other car(s) involved in the wreck. This is very important! Err on the side of caution and take a lot of pictures to ensure that you capture the full visual impact of the damage to the vehicles.

6. DOCTOR VISITS

DO follow your doctor’s advice and undergo the recommended treatments. The most important thing is for you to get well and to hopefully fully recover from your injuries. Therefore, continue being treated by your doctor and subsequent doctors that you are referred to until you are well. This is equally applicable to any physical therapy to which you have been referred. Many times, physical therapy is a long and tedious process. However, you must complete the program to reap the benefits. If you are patient and follow the program, most times your condition improves. Remember, the most important concern is your health and recovery.

7. HOSPITAL, MEDICAL AND DRUG BILLS

DO obtain and keep receipts and records of all these expenses.

8. PHYSICAL EVIDENCE

DO keep all physical evidence until your case is finalized. If your injury requires a cast, brace, traction, or other apparatus, save it and bring it and give it to your lawyer when you no longer need it.

9. TRAFFIC COURT

DO show up and testify at traffic court. If you receive notice of a traffic court date for the other driver(s), attend and testify regarding who was at fault. If you receive a subpoena, you must attend. Many times a guilty conviction can be used against the other party at the trial of your case.

10. PHOTOGRAPHS

DO take photographs of your injuries. Please take photos of any physical injuries you have and of all property damage. Err on the side of caution and take more pictures than you think is necessary to allow the pictures to show the damage.

11. CONSULT AN EPXPERIENCED GEORGIA INJURY LAWYER WITH QUESTIONS

DO consult with an experienced and successful Georgia injury lawyer about your case. Personal injury litigation often involves high stakes. DO NOT take anything for granted. Know your rights and know what you are entitled to under Georgia law. If you have hired an experienced and successful Georgia injury lawyer, he or she is there for you. I do not know of any good quality Georgia injury lawyer who is not there for their client as often as is needed. You and your lawyer are in this together. Lean on your lawyer for advice and guidance. That is what your lawyer is there for. If you are not sure of something, call.
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Regardless of how they are commonly referred to as: car accidents (also known as car wrecks; or car collisions; or road wrecks; or vehicular accidents; or trucking accidents; or trucking wrecks) happen frequently in Atlanta. That’s something we all agree on. It’s just a part of life in the big city. What happens once an accident occurs is interesting though. The recent trend of drivers wisely choosing smaller, more fuel efficient cars, changes some of the dynamics. Now more than ever, even low impact collisions can result in major property damage to the vehicles and severe injuries. The reason: while smaller, more fuel efficient cars are built with more safety features in mind, the sheer size of these vehicles is a fraction of the larger cars that Detroit used to manufacture by the millions. And, for all of the safety advancements of the smaller cars, there is no substitute for sheer size in helping a car accident victim avoid being seriously injured in a wreck. In simple terms, the driver in a Chevy Suburban is less likely to suffer severe injuries when involved in an automobile accident than the driver of a Mini Cooper or similarly sized car. While this is the general rule and is based on well-settled basic laws of physics, there are exceptions.

According to the Insurance Institute for Highway Safety, repairs to smaller cars involved in low speed collisions could cost up to $3,701.00. According to the Institute, a low-speed crash is one that occurs at speeds of 3 to 6 miles-per-hour. While this is not news to those people who have suffered severe injuries in low impact collisions, it does quantify what we have long known: there is no direct relationship between the speed of the collision and the resulting property damage to the vehicles or the severity of the injuries sustained in the wreck.

As an experienced injury lawyer, I have been fortunate to have represented many clients who seriously injured in car wrecks. Based on my experience, the general rule is that the higher the speed of collision the greater the extent of property damage and injuries sustained in the accident. However, there are exceptions to every rule. Sometimes there is just no relationship between the speed of the wreck and the injuries. As the Insurance Institute for Highway Safety confirms, a lot of damage can be done by a low-impact collision.

A motorcyclist died over the Holiday weekend after crashing with a car on Old National Highway. According to Fulton County police, the deceased lost control of his motorcycle and died after colliding with a car at the intersection of Old National Highway and Hallie Mill Road. Excessive speed was cited by investigators as a factor in causing the wreck.

The initial report lists excessive speed as the cause, or contributing factor, to the wreck. This is by no means an end to the inquiry, nor should it be. Many times, after the initial police report has been completed, a more thorough investigation uncovers other factors that caused or contributed to a motor vehicle accident. In addition to follow-up by the police, I have found that private investigators my uncover other causes of the wreck. Common causes of these accidents include but are certainly not limited to: driving under the influence of drugs or alcohol, cell phone use or other acts of inattentiveness while driving on the highway, distractions, improper signaling while turning, no turn signal when changing lanes on the interstate of highway, defective equipment, not having headlights on in dusk or twilight conditions, not properly marking dangerous conditions, truckers falling asleep at the wheel, lack of adherence to safety regulations by trucking companies, following too close, speeding, driving too fast for conditions such as ice, snow, heavy rain or fog, running a red light or stop sign, improper turns, tailgating, road rage incidents, unsafe potholes in city streets, animal crossings, and many other acts of negligence that can cause death or serious injury on the roads of Atlanta.

If you have been in an Atlanta auto accident which has resulted in serious injury or even death of a passenger, it is imperative that a full and thorough investigation is conducted by the police and, if applicable, an experienced personal injury law firm, to determine all of the factors that caused or contributed to the collision and resulting injuries. Many times, the initial report does identify one of the factors of the wreck. But, there are many other factors that cause of contribute to a wreck which are not contained in the initial police report. These additional factors can, in many cases, determine who was at-fault in the wreck and who the potential defendants are.