Where Do I File the Lawsuit in my Car Accident Case? 

where file lawsuit car accident

Following a car accident, there are two important concepts that dictate where a personal injury victim can bring a lawsuit against the responsible party: jurisdiction and venue. Jurisdiction is the power of a court to render a judgment in a case. Subject matter jurisdiction gives a court the power to hear a particular type of case, whereas personal jurisdiction gives a court the power to render a judgment against an individual defendant. But in most cases, there are multiple courts which have both subject matter and personal jurisdiction. Venue rules narrow things down further to determine which of these courts is proper. 

Subject Matter Jurisdiction 

Every county in Georgia has either a State Court or Superior Court that has subject matter jurisdiction to hear personal injury claims. If a plaintiff and defendant are from different states, and the case is valued at over $75,000, it is possible to bring a claim in federal court under what is known as diversity jurisdiction. Federal courts also have subject matter jurisdiction in cases involving federal law. 

What is Personal Jurisdiction? 

Personal jurisdiction is the power of a court to render judgments over an individual. The requirement that courts have personal jurisdiction is rooted in the United States Constitution. Specifically, the concept stems from the Due Process clause of the Fourteenth Amendment, which establishes that every person in the country has a right to due process of law. Accordingly, the United States Supreme Court has recognized that it fundamentally violates due process to subject a person to the judgments of a state that they may have never even been to. Therefore, a state court can only render a judgment over someone that has had “minimal contacts” with that state. 

If a defendant was driving in the State of Georgia and caused an accident in the state, this would automatically qualify as “minimal contacts.” Therefore, the State of Georgia will always have personal jurisdiction over defendants that caused an accident in the state. Courts in a defendant’s home state, or “domicile,” will also automatically have personal jurisdiction over them. 

Claims Against Out-of-State Defendants 

If a defendant caused an accident in the State of Georgia, then the State of Georgia will have personal jurisdiction over them. Period. It doesn’t matter if the person was only visiting and then went back home to Timbuktu. Georgia statutory law has defined the personal jurisdiction that Georgia courts hold over out-of-state defendants that commit torts in Georgia under the Georgia Long Arm Statute. According to this law, Georgia “may exercise personal jurisdiction over any nonresident” that “commits a tortious act or omission within this state.” 

Accidents Occurring Out-of-State 

When an accident occurs in another state, a lawsuit will either need to be made in that state, or the state where the defendant is domiciled. For instance, if a Georgia resident travels across the state line into Florida and is in an accident with a vacationer from New York, they could not bring a claim in Georgia. They would need to bring their claim in either Florida or New York. 

Proper Venue 

Venue rules narrow things down further. Each state has its own venue rules. Determining the proper venue for a tort case in Georgia generally depends on where the defendant lives. 

The basic venue rule. The basic venue rule for personal injury actions in Georgia is that venue is proper in the county where the defendant lives. So, although the entire State of Georgia will have personal jurisdiction over a defendant that lives in Georgia, proper venue will only be in the county where they are from. 

Joint tortfeasors. When a case has multiple Georgia-domiciled defendants, a suit may be filed in the county where any of the defendants live. 

Out-of-state defendants. If a lawsuit is filed against an out-of-state defendant, special venue rules apply. If a claim is brought under the Georgia Long Arm Statute, venue is proper in the county where the accident occurred.  Claims against out-of-state defendants can also be brought under the Georgia Non-Resident Motorist Act. Under this law, venue is proper in the county where the accident occurred, or in the country where the victim lives. 

Corporate defendants. Generally, artificial persons like corporations must be sued where they are registered or where their business is headquartered. 

For More Information, or to Discuss Your Case, Contact Williams Elleby Howard & Easter 

Establishing jurisdiction is often hotly contested. Sometimes one party wants the case to be heard in state court and the other in federal court. Sometimes a defendant denies that the State of Georgia has personal jurisdiction over them. And even once jurisdiction is determined to exist, the proper venue can sometimes also be contested as well. It important for personal injury victims to consult with experienced personal injury attorneys to find out where they can bring their claim. 

If you have been injured in a car accident and would like more information, contact Williams Elleby Howard & Easter, today. The experienced and qualified personal injury attorneys at Williams Elleby Howard & Easter, have deep knowledge of personal injury law and the Georgia court system. They are dedicated to getting accident victims the compensation they deserve. Call today to schedule a free consultation at 833-LEGALGA.

Post-Accident Drug and Alcohol Testing for Tractor-Trailer Drivers 

accident drug alcohol testing

In an effort to reduce the occurrence of trucking accidents caused by driving under the influence (DUI), the Federal Motor Carrier Safety Administration (FMCSA) has enacted rules and regulations for drug and alcohol testing that apply specifically to commercial motor carriers. Under federal rules, a motor carrier is simply defined as any person or company that transports people or property for money. The term also includes “a motor carrier’s agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories. While it is against the law for any person to operate a motor vehicle while intoxicated, these federal rules create additional testing requirements for drivers of large trucks and buses. 

The FMCSA Rules 

Generally, the FMCSA drug and alcohol testing rules apply to drivers that operate a truck or bus under a commercial driver’s license (CDL), as well as the motor carrier companies that employ such drivers. This testing must be carried out by a federally certified laboratory. The rules mandate that motor carrier companies drug test drivers in four instances: 

  1. During pre-employment screening; 
  2. When there is reasonable suspicion that a driver is abusing drugs or alcohol; 
  3. At random; and 
  4. When an accident occurs. 

Ultimately, it is a trucking company’s or bus company’s responsibility to have these tests administered at the appropriate times. Employers of CDL drivers are required to designate someone in the company to be responsible for implementing and overseeing a testing program. This person must make sure that all required tests are administered, and must also make sure that all appropriate steps are taken after the test results come in. 

If a driver tests positive for drugs or alcohol while driving, a trucking company or employer must immediately remove the driver from all driving responsibilities. For non-CDL drivers, the legal blood alcohol content (BAC) limit is .08. However, CDL drivers have a legal limit of .04. If a CDL driver has a BAC of greater than .02, the company must temporarily suspend them from driving. Drivers in violation of these rules regulations may not be given driving duties until they have completed a substance abuse program. 

Post-Accident Drug and Alcohol Testing Mandated by the FMSCA 

When motor carriers are involved in minor accidents in which no one is injured, drug and alcohol testing are not normally required under the FMCSA – although a motor carrier company may choose on its own to have one done. However, after serious accidents, drug and alcohol testing of the truck driver is required. If the trucking accident results in a fatality, testing is always required. Post-accident testing is also required when a truck driver is cited for a moving violation, or when a person is injured and requires medical care at the scene of the accident. Under the FMCSA rules, when testing is required, alcohol testing must be administered within 8 hours, and drug testing must be administered within 32 hours. 

Results of Post-Accident Tests and Personal Injury Lawsuits 

If a motor carrier, such as a tractor-trailer driver, causes an accident while under the influence of drugs and alcohol, any victims of harm are entitled to compensation. This compensation can be sought from the driver, the trucking company, or both, depending on the facts of a case. While intoxication of a truck driver doesn’t automatically prove that they were at-fault in causing an accident, it is certainly powerful evidence. Because companies have a duty to perform these tests under FMCSA rules when any of their drivers get into an accident, this evidence is usually available for victims to discover. 

If you or a loved one has been injured in an accident with a motor carrier, Williams Elleby Howard & Easter, can help you understand your legal rights and options, and work to get you the compensation you deserve. These types of cases can be incredibly complex, so it is imperative that victims contact experienced and qualified legal counsel as soon as possible after an accident occurs. If you would like more information or would like to discuss your case, contact Williams Elleby Howard & Easter, today to schedule a free consultation by calling 833-LEGALGA today.

Pre-suit Settlement Demands in Georgia Automobile Wreck Cases

pre-suit settlement demands Georgia

Pre-suit settlement demands are effective tools for resolving Georgia automobile wreck cases. If an Georgia car accident victim has  a legitimate claim for compensation, the next step is usually not heading straight to court to file a lawsuit. Rather, it usually makes sense for the victim’s attorney to send the other party a pre-suit settlement demand. Pre-suit settlements are common when the facts of a case are cut-and-dry. Even when there are some disagreements, a pre-suit settlement can be useful to jump start negotiations.

The primary rule governing a pre-suit settlement demand in Georgia is found in Official Code of Georgia Title 9 Article 11 Section 67.1 (O.C.G.A. § 9-11-67.1). This statute lays out specific requirements that must be met in order for a pre-suit settlement offer to be valid. By making a valid pre-suit settlement offer, a claimant will force the at-fault driver’s insurer to evaluate the merits of the case. If an insurer turns down a reasonable settlement offer, it could be considered bad faith. However, if an offer does not comply with the requirements of O.C.G.A. § 9-11-67.1, the defendant’s insurance company will not face penalties for turning down the offer.

The law only applies to demands made by an attorney, or made with the assistance of an attorney. Demands made by a personal injury victim that has not hired an attorney do not need to follow these rules. However, in almost no circumstances should a personal injury victim make a settlement demand without first discussing their case with a personal injury attorney. If you have been in an accident and are contemplating making a settlement demand, contact Williams Elleby Howard & Easter, to discuss your case today by calling 833-LEGALGA.

THE REQUIREMENTS OF O.C.G.A. § 9-11-67.1

Subsection (a) of O.C.G.A. § 9-11-67.1 defines the basic requirements that a settlement offer must include. It states:

“Prior to the filing of a civil action, any offer to settle a tort claim for personal injury, bodily injury, or death arising from the use of a motor vehicle and prepared by or with the assistance of an attorney on behalf of a claimant or claimants shall be in writing and contain the following material terms:

(1) The time period within which such offer must be accepted, which shall be not less than 30 days from receipt of the offer;

(2) Amount of monetary payment;

(3) The party or parties the claimant or claimants will release if such offer is accepted;

(4) The type of release, if any, the claimant or claimants will provide to each releasee; and

(5) The claims to be released.”

Subsection (b) of the law holds that recipients of settlement offers may make a binding acceptance in writing. Subsection (c) of the law additionally states that “Nothing in this Code section is intended to prohibit parties from reaching a settlement agreement in a manner and under terms otherwise agreeable to the parties.” The Georgia Supreme Court recently analyzed this subsection and determined that pre-suit settlement offers in motor vehicle accident cases can include terms that go beyond simply stipulating the dollar amount and a date that the offer must be accepted.

What this means is that O.C.G.A. § 9-11-67.1 should be understood as creating only the minimum requirements for a valid pre-suit settlement. Personal injury victims should remember that they have the freedom to include additional conditions in pre-suit settlement offers if they are so inclined. One constraint to this freedom is found in Subsection (g), which states that if a party may not demand payment “less than ten days after the written acceptance of the offer to settle.”

FOR MORE INFORMATION, CONTACT OUR GEORGIA CAR ACCIDENT ATTORNEYS

Following an accident, personal injury victims should speak with an attorney to understand the value of their case. The facts of a case dictate whether a claim is likely to succeed. The identity of potential defendants, the amount of insurance coverage, and the extent of the injuries factor into how much a claim is worth. All of these are important factors that should be considered before making a pre-suit settlement offer.

It typically takes several months to properly investigate and prepare a case to the point where a pre-suit settlement offer is appropriate. Under applicable Georgia Statutes of Limitations for tort claims, most auto accident claims must be made within two years from the date of the accident. Therefore, it is important for accident victims to talk to an experienced local personal injury attorney as soon as possible to begin the process of building their case.

If you or a loved one has been injured in an auto accident, the Williams Elleby Howard & Easter team is here to help. Our attorneys represent clients throughout the State of Georgia and offer free case evaluations. For more information or to discuss your case, contact Williams Elleby Howard & Easter today by calling 833-LEGALGA (833-534-2542).

Summer is Here and Bicyclists are on the Roads in Kennesaw and Acworth

summer roads Kennesaw Acworth

Bicycling is a freeing, fun, and healthy activity. It can also occasionally be a convenient mode of transportation, too. That is why millions of Georgia residents take to the road on their bicycles each year. However, whenever cyclists are sharing the road with drivers, there is risk involved. It is important for both cyclists and motor vehicle drivers on the roads in Kennesaw and Acworth this summer to be cautious, and to respect the right of way. 

Right of Way Laws for Cyclists 

Generally speaking, cyclists have the same right to use a roadway as motor vehicle drivers. Some drivers assume that roads are meant for automobiles, and get annoyed when cyclists are on the road. They are simply wrong. In turn, some cyclists jet onto sidewalks and breeze through intersections as though there are no rules that apply to them. They are also wrong. Cyclists must follow the “rules of the road” applicable to them as outlined by Title 40, Chapter 6 of the Georgia Code. 

It can be dangerous when drivers fail to respect the right of cyclists to use the roads or when cyclists neglect to follow the law. Cyclists and Vehicle drivers each have a duty to follow the law and act with reasonable care. If either a cyclist or motorist fails to use reasonable care to avoid a collision or violates a rule of the road, they can be considered at-fault in an accident. 

The basic duty for cyclists when they are on a roadway is outlined by O.C.G.A. § 40-6-294, which states, “every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, except when turning left or avoiding hazards to safe cycling.” Therefore, when using a roadway, cyclists have the right of way to use the right side of the roadway, and also have the right of way to move into the left lane if they are turning or avoiding a hazard. 

Just like motor vehicle drivers, cyclists must adhere to traffic signals and stop signs. Cyclists must also yield to pedestrians that are crossing at a crosswalk. Cyclists are generally prohibited from using the sidewalks under O.C.G.A. § 40-6-144, unless they are under the age of 12. 

Popular Locations for Cycling in Kennesaw and Acworth 

When going for a road-ride, cyclists should take time to plan their routes safely. Congested city streets should be navigated with patience and care, and avoided altogether if possible. And while it can be relaxing to go on long rides on country highways, narrow two-lane highways should be avoided if they don’t have an ample shoulder. 

The safest option for cyclists is to ride on paths and trails that are off-limits to motorized vehicles. Of course, it is still important for cyclists to exercise reasonable care to avoid collisions with pedestrians and each other when they ride on bike paths or trails. 

  • To view the Kennesaw trail system, click here. 
  • To see trails located in Acworth, Georgia, click here. 
  • If you want to get out there for a longer ride, click here to view more extensive bike paths and trails that are in the greater Atlanta area. 

What to Do if You Are in a Cycling Accident 

If you are in a cycling accident, it is important to stay calm and prioritize the immediate health and safety of cyclists involved. This means cyclists should get themselves and their bicycles off the road or pathway to prevent any more harm from occurring. Whether an accident involves a motor vehicle, a pedestrian, or another cyclist, it is important to stay on the scene and exchange contact information with the other party if an injury occurs. If a collision was serious, the police should be called. It is legally required for motorists to contact police if they are in an accident that causes injury. 

Details about the accident should be documented. If an accident causes personal injury, you should contact the local personal injury attorneys at Williams Elleby Howard & Easter, to investigate your case. Personal injury victims harmed by the negligence of someone else are entitled to compensation for medical bills, lost wages, and pain and suffering. For more information or to discuss your case, contact Williams Elleby Howard & Easter, today at 833-LEGALGA.