Allstate and Bad Faith Insurance Claims in Georgia

Blue paper with a white rip in the center with the title, Bad faith insurance claims."

Many insurance companies have a well-earned reputation for being difficult to deal with. In our experience, Allstate is among the worst because it often drags out even the simplest of claims for months or even years longer than necessary. Serious negotiations are part of the claims process; however, there is an important line between negotiating in good faith versus bad faith. While many insurance companies walk a fine line between good and bad faith, Allstate has developed a reputation among Georgia lawyers for pushing those boundaries. This is especially true when Allstate’s insured causes a crash.

Duties of Automobile Insurers under Georgia Law

Georgia law imposes important duties on car insurance companies. If a claim is brought against you, most injured claimants will give your insurance company an opportunity to settle the claim within your policy limits. If the injured party has a lawyer, the claim will usually be sent to your insurance company in compliance with the terms of O.C.G.A. § 9-11-67.1. This statute lays out the basic requirements of a pre-suit settlement demand where the injured person’s attorney will give your insurer an opportunity to settle the claim and protect your personal assets.

When your insurance company receives an offer of settlement, it must put your interests ahead of its own. “[W]here a person injured by the insured offers to settle for a sum within the policy limits, and the insurer refuses the offer of settlement, the insurer may be liable to the insured to pay the verdict rendered against the insured even though the verdict exceeds the policy limits. The reason for this rule is that the insurer may not gamble with the funds of its insured by refusing to settle within the policy limits.” McCall v. Allstate Ins. Co., 251 Ga. 869, 870 (1984).

If an insurance company receives a legitimate settlement offer pursuant to O.C.G.A. § 9-11-67.1 and refuses to pay, you will likely get sued. When the lawsuit results in a verdict and judgment that exceeds your policy limits, you are legally responsible for paying the amount that exceeds your policy limits. Your insurance company will be responsible for paying any amount within the liability limits of your policy.

In situations like this, all may not be lost. After a judgment in excess of your policy limits is entered against you, you may be able to bring a claim against your insurance company for the excess amount if your insurer refused to settle for an amount within your policy limits.

Bad Faith Automobile Insurance Claims in Georgia

Georgia allows for bad faith claims with multiple types of insurance policies. The most common type of “bad faith” claim is one that is brought after an insurer rejects a time limited offer of settlement that an attorney sends in compliance with O.C.G.A. § 9-11-67.1.

O.C.G.A § 9-11-67.1 settlement offers are sent to the insurer of a driver that caused a wreck. When an insurance company fails to use good faith in negotiating car accident claims, it can leave its insured open to substantial financial exposure and mental anguish.  The insurer also exposes its insured to protracted litigation, the time and expense of attending depositions, participating in discovery and attending trial, the emotional anguish of reliving the collision and harm caused, and other financial loss such diminished credit ratings.

Therefore, Georgia allows an insured to sue his or her own insurance company when it acts in bad faith during settlement negotiations. In order to succeed in a bad faith lawsuit against a liability insurance carrier, the insured will need to prove:

  1. The insurer failed to give equal consideration to the interests of its insured,
  2. The insurer failed to accord its insured the same faithful consideration it accords its own interest,
  3. The insurer refused to settle because of an arbitrary belief that the insured was not liable, or
  4. The insurer refused to entertain a settlement offer with no regard given the position of its insured.

See Southern General Ins. Co. v. Holt, 262 Ga. 267 (1992) and O.C.G.A. § 9-11-67.1.

If an insured is successful in his or her bad faith claim, special damages, general damages, punitive damages, and legal fees may be available.

There are also laws discouraging bad faith negotiations with uninsured motorist claims. Uninsured motorist policies protect you when the person that causes an accident lacks enough liability insurance to cover your damages. Under current Georgia law, bad faith penalties for claims against an uninsured motorist insurance carrier are not as severe as those available for liability claims. Yet, if the insurance company makes a frivolous or unfounded denial, they could open themselves up to penalties. If litigation is required to recover on a bad faith claim, the plaintiff could also recover the cost of their attorney fees. You should always seek the advice of a reputable Georgia lawyer if you are considering bringing any type of bad faith claim.

Allstate and Their Approach to Settlement

Allstate’s aggressive approach to avoiding responsibility on liability claims has come back to haunt them more than once. Few of these instances are as memorable as a 2017 decision in Madrigal v. Allstate.

In that case, there was substantial evidence that Allstate’s insured was responsible for an accident. When the third party sought the full policy limits of $100,000, Allstate rejected it outright. In the days that followed, Allstate developed additional information that pointed to their insured as responsible for the claim. This included an independent witness that contradicted their insured’s account of what happened.

Ultimately, a jury found Allstate’s actions to be in bad faith and returned a verdict for more than $14 million.

Duty of an Insured Cooperate with the Insurance Company

Although automobile insurers must work to protect their insureds, their insureds also have a duty to cooperate with their insurer. Most automobile insurance policies contain what is commonly referred to as a “cooperation clause.” The “cooperation clause” requires an insured to cooperate with his or her insurance company anytime the insurer investigates or defends any claim brought against its insured. Quite simply, you have a contractual duty to cooperate with your automobile insurance company after you cause a wreck. In this context, cooperation means that you must timely report any accident, give your insurer a recorded statement, and attend any necessary legal proceedings like a deposition or a trial.

If you willfully and intentionally refuse to cooperate with your insurer, the insurer may deny coverage for any civil claim brought against you.

How an Attorney Could Help

One important thing to consider in these cases is that insurance companies like Allstate treat their policyholders differently if they have competent legal representation. While an insurer might be willing to string you along, they are more likely to deal fairly if they know your attorney is ready to take action against a bad faith settlement offer. If you find yourself in this situation, contact the Georgia trial lawyers at Williams Elleby Howard & Easter by calling 833-LEGALGA or (833-534-2542).

PTSD: What to Look For After a Georgia Car Accident

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Post-traumatic stress disorder, or PTSD, is a mental health disorder that is triggered by a dangerous or shocking event, including Georgia car accidents.  PTSD is commonly associated with military veterans returning from war, but military members are not the only ones who can suffer from PTSD. Anyone can experience PTSD after a traumatic event.

About 8% of Americans suffer from PTSD at least once during their lives. Motor vehicle accidents are the most common cause of PTSD in the general population but any traumatic accident can cause PTSD. Those directly involved in the accident and those who witnessed the accident can develop PTSD.

If you or a loved one has experienced or witnessed an accident, you should be aware of the signs of PTSD and know what to do if they develop.

Signs of Post-Accident PTSD

It could be days, weeks, or even months after an accident before symptoms of PTSD become apparent. The following are some of the common signs and symptoms of PTSD following an accident:

  • Unexpected or recurring flashbacks of the accident.
  • No memory of certain parts of the accident.
  • Nightmares or other sleeping difficulties.
  • Difficulty concentrating.
  • Avoidance of reminders of the event, for example, avoiding driving after a car accident.
  • Avoidance of feelings related to the accident.
  • Negative mood changes such as decreased interest in hobbies and leisure activities, as well as overly negative thoughts about self and others.
  • Persistent feeling of being on edge.
  • Emotional outbursts.
  • Being easily startled, e.g., jumping when a loud noise is heard.
  • Physical manifestations of stress such as hair loss, fragile nails, headaches, weight loss, and neck and should aches.
  • Panic attacks.
  • Physical of arousal such as higher heart rate, sweating, and shortness of breath when at rest.
  • Substance abuse.

PTSD does not require all of these signs and symptoms to be present and can manifest in other ways as well. PTSD shows up differently in different people.

What to Do for Post-Accident PTSD

If you or a loved one are experiencing any signs of PTSD, you should seek medical treatment immediately. Contact a mental health professional directly or make an appointment with your primary care physician who can refer you to the appropriate mental health care professional. If immediate help is needed, call the 24/7 Georgia Crisis Hotline at (800) 715-4225. Whomever you reach out to, do it as soon as possible. PTSD is a very treatable disorder but can have devastating consequences if left untreated.

You should also tell your Georgia accident attorney if your PTSD symptoms are present or if there has been a PTSD diagnosis. The cost of PTSD care and treatment may be recoverable as part of damages in your personal injury case, but your attorney has to know about it to help you receive the compensation you are entitled too.

At Williams Elleby Howard & Easter, we understand that the mental suffering caused by traumatic accidents can continue long after the accident itself is over.  Georgia law allows PTSD victims to recover for their pain and suffering and Williams Elleby Howard & Easter works hart to ensure that those impacted by accidents are fully compensated. If you or a loved one has been in an accident in Georgia, call (833) LEGALGA to schedule a free consultation with our team.

Is an Apartment Building Liable for a Broken Security Gate?

An apartment gate and arm for security measures with apartments in the background.

Georgia landlords have a duty to fix broken security gates in order to keep residents safe. This is especially true when they have notice of criminal activity nearby. If there is a history of break-ins or robberies in the area, your landlord may be required to provide heightened security. When a complex falls into disrepair, your landlord may be on the hook for injuries suffered as a result of negligent security. One of the most common cases of negligent security is the failure to repair a faulty security gate. And, unfortunately, the consequences of a defective security gate can be deadly.

Liability for Negligent Security in Georgia

The owners and managers of Georgia apartment complexes owe a duty to both tenants and visitors to take steps to prevent crime on their premises. O.C.G.A. § 51-3-1. Any apartment complex that fails to take reasonable steps to ensure the safety of their tenants could be held liable for the damages that result from crime on the property. Walker v. Aderhold Properties, Inc., 303 Ga. App. 710 (2010).

Landlords and property managers are not liable for every crime that occurs at a Georgia apartment complex. There are two primary requirements that must be met for liability to apply to a landlord:

  • The criminal actions must have been foreseeable
  • The landlord must have failed to take reasonable measures to prevent crime

Foreseeable Threat

To be liable to a crime victim, a landlord or property manager must have been able to foresee the possibility of the crime in question. Drayton v. Kroger Co., 297 Ga. App. 484 (2009). The best way to prove a crime was foreseeable is to determine if similar criminal activity has occurred on or around the complex. If the apartment has had a string of break-ins, or if the surrounding neighborhood has a history of muggings, the threat may have been foreseeable to the point that your landlord should have taken steps to prevent it. In assessing the foreseeability of similar crimes, Georgia courts will “inquire into the location, nature and extent of the prior criminal activities and their likeness, proximity or other relationship to the crime in question.” Sturbridge Partners, Ltd. v. Walker, 267 Ga. 785 (1997).

Reasonable Measures

The second requirement is that the landlord failed to take “reasonable” steps to address the threat. Whether or not a step is reasonable is entirely subjective and determined on a case by case basis. Matt v. Days Inns, 212 Ga. App. 792, 794 (1994). If a negligent security lawsuit ends up going to trial, it will be up to the jury to determine if the steps taken were reasonable. But when it comes to the failure to repair a broken security gate, a strong case can be made that it is unreasonable allow a gate to remain in disrepair. After all, the gate is there for a reason.

While landlords and management companies might point to the cost of maintaining security gates, those costs are less than other security measures that may be necessary in areas where violent crime is rampant. Additionally, any savings from failing to maintain a security gate can quickly be wiped away by one incident of vandalism or property damage. Plus, it is a small price to pay for a landlord to protect their tenants.

Discuss Your Case With A Georgia Negligent Security Attorney

If you were a victim of crime at your Georgia apartment complex, you may have a claim based on your landlord’s failure to provide adequate security. A Georgia premises liability lawyer can review your case and determine if your landlord failed to take reasonable steps to protect you. To learn more, contact our firm at 833-LEGALGA for a free consultation. If you aren’t ready to speak to an attorney, you can learn more about negligent security cases on our YouTube Channel.

Georgia Auto Insurance Laws

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In Georgia, car insurance is required. It is there to protect both drivers and passengers in the event of an accident.

Minimum Requirements

If you drive a car in Georgia, you must have automobile liability insurance for the minimum limits required by law to drive on public roads and highways. Liability coverage pays for any damages you may cause to another driver or their property while on the road.

The minimum limits of liability required under Georgia law are:

  • $25,000 for bodily injury per person in an accident;
  • $50,000 for bodily injury or death of multiple people in an accident; and
  • $25,000 for property destruction of others in an accident.

Acceptable proof of Georgia liability insurance coverage:

  • Proof of insurance, filed by your insurance company, in the Department of Revenue’s database.
  • Rental agreement for a vehicle that is being rented.
  • Bill of Sale dated within 30 days of the date the vehicle was purchased and a valid insurance binder page.
  • A valid Self-Insured Insurance Card and a Certificate of Self-Insurance.
  • Valid Insurance policy information card for Georgia International Registration Plan.

Optional Coverage

If you can afford it, it is recommended that you also purchase additional coverage beyond the liability insurance. While additional coverage is not required by state law, it may be  required by the bank or finance company if there is a loan on the vehicle or if the vehicle is being leased. Additional coverage provides you with extra protection in the event of not only a collision but other non-accident related damages to your car.

Here are the most common types of optional kinds of insurance:

  • Collision Insurance: This covers you in the case of collision with other vehicles.
  • Comprehensive Insurance: This covers your car for non-accident related damages such as theft, vandalism, and fire damage.
  • Uninsured Driver Insurance: This covers you if you are hit by an uninsured or underinsured driver.

Showing Proof of Auto Insurance

You should keep a copy of your insurance policy card and registration in your vehicle. You must also be registered in the Georgia Electronic Insurance Compliance System (GEICS). This is used by law enforcement during traffic stops. Your insurance provider is responsible for registering you with GEICS.

Here are some common instances where you might need to show proof of auto insurance:

  • At the DMV when renewing, reinstating, and changing license plates.
  • At the request of a police officer during a traffic stop.
  • After an accident.

The Penalty for Driving Without Insurance

Driving a vehicle while the registration is suspended, revoked, or canceled is a criminal offense.

By law, the Georgia Department of Revenue must:

  • Suspend or revoke the registration of any vehicle that does not have continuous Georgia Liability insurance coverage.
  • Fine the vehicle owner/lessee $25 for any lapse of coverage while the vehicle is actively registered.
  • Fine the vehicle owner/lessee up to $160 in addition to the $25 fine if the lapse of coverage fine is not paid within 30 days and
  • Refuse to renew or reinstate vehicle registration for any of the following:
    • Fines have not been paid
    • An unresolved lapse of coverage
    • The vehicle is not insured

For More Information, Contact Our Georgia Car Accident Attorneys

If you have been in a car accident and you feel like you are owed compensation from an insurance company, contact  Williams Elleby Howard & Easter to schedule a free consultation by calling 833-LEGALGA.

Do I Have to Pay Taxes on My Personal Injury Settlement?

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When it comes to settlements for personal injury lawsuits, one topic that is rarely discussed is the tax implications of that settlement. Many personal injury settlements involve a large lump sum payment; failure to pay the required taxes on an amount that large could land you with a significant penalty with the IRS. But are personal injury settlements even taxable? According to the IRS, it depends on the circumstances surrounding your settlement. In fact, it is possible that part of your settlement is taxable while other parts are not. Typically, your settlement can be itemized into different sections including medical costs, pain and suffering, lost wages, and even interest. Ultimately, it depends on what the purpose of that part of your settlement is.

Repayment for Medical Bills 

Fortunately, any part of your settlement that is earmarked for claims regarding your personal physical injuries or illnesses is not taxable. If your entire settlement is entirely related to your injuries, you may not have to pay taxes on any of it. However, there is an exception. Any money that is for medical bills that you deducted from your taxes in previous years must be counted as income on your current year’s taxes.

Emotional Distress

For settlement money intended to address emotional distress or mental anguish, it depends entirely on the cause of your distress. If your emotional distress stems from physical injuries or illnesses, you will not be taxed on that settlement. If your emotional distress were related to any other factor, you would likely need to pay taxes on that amount.

Lost Wages

Your tax responsibility on lost wages can be a complicated issue. While lost wages are taxed, the actual taxes due can vary depending on your circumstances. If the lost wages you were awarded were related to your employment for another business, your lost wages recovery would be subject to social security and Medicare taxes just like your paycheck would be.

If your lost wages are related to lost profits for a trade or business, you must report any lost wages as net earnings are subject to self-employment taxes.

Interest

You are required to pay taxes on all interest payments. In fact, IRS Form 1040 provides for a section titled “Interest Income,” which is designed for this exact purpose.

Punitive Damages

Just like interest payments, any punitive damages must be reported as income on your tax return. You must report any punitive damage payments as income on the “Other Income” section of IRS Form 1040. This is the case whether the source of your claim was from personal injuries or otherwise.

For More Information, Contact Williams Elleby Howard & Easter

Regardless of the outcome of your personal injury case, the proceeds of your case will be taxed the same. If you are concerned about the possible tax implications of a personal injury settlement, your best course of action is to discuss your case with a professional. Joel Williams is an experienced personal injury attorney that can guide you through the process from beginning to end. To discuss your case, contact Williams Elleby Howard & Easter, online or at 833-LEGALGA to set up your free consultation today.

Georgia’s Open Records Act and Its Exceptions 

Georgia open records act

Nearly 100 years ago, the great Supreme Court justice Louis Brandeis wrote “sunlight is said to be the best of disinfectants.” What he meant by this was that shining a light on the conduct of government was the best way to make sure government agencies and politicians operated honestly and properly maintained records. In keeping with this ideal, the federal government passed the Freedom of Information Act (FOIA) in 1967. “The basic function of the Freedom of Information Act is to ensure informed citizens, vital to the functioning of a democratic society.” Since this time, advocates for open government have succeeded in getting similar laws passed in all 50 states. Georgia’s version of the FOIA is called the Georgia Open Records Act and is found in The Official Code of Georgia § 50-18-70. 

These laws not only encourage government to operate as it should, but they also ensure that members of the public have access to information they deserve to have access to. Under the law, records maintained by most government agencies or private companies carrying out government functions are open to the public and subject to inspection at a reasonable time and place. This can include personal injury victims that want to get information about their accident. The justification of the Georgia Open Records Act is described in its first section: 

“The General Assembly finds and declares that the strong public policy of this state is in favor of open government; that open government is essential to a free, open, and democratic society; and that public access to public records should be encouraged to foster confidence in government and so that the public can evaluate the expenditure of public funds and the efficient and proper functioning of its institutions. The General Assembly further finds and declares that there is a strong presumption that public records should be made available for public inspection without delay. This article shall be broadly construed to allow the inspection of governmental records.” 

Exceptions 

There are a number of exceptions to the Georgia Open Records Act. In total, there are 20 exceptions that are not open for public inspection. These include medical records, confidential government information, and records of law enforcement. Georgia Uniform Motor Vehicle Accident Reports are an exception to the Georgia Open Records Act, except upon a written statement of need by the requesting party. However, the term “need” is defined broadly under the law; anyone with a personal connection to an auto accident is considered to have a legitimate need to see the accident report. 

Using Public Records in Personal Injury Cases 

The Georgia Open Records Act can be useful for plaintiffs in personal injury cases. Government records can often help to show whether a defendant or potential defendant in a case is liable. Thus, making requests under the Georgia Open Records Act is often one of the first investigatory steps to take following an accident. The law specifically says that auto accident reports are to be made available to a person that “was allegedly or actually injured by the accident.” The law also has a section that applies to anyone involved in any type of lawsuit against a government agency. It states: 

“Requests by civil litigants for records that are sought as part of or for use in any ongoing civil or administrative litigation against an agency shall be made in writing and copied to counsel of record for that agency contemporaneously with their submission to that agency. The agency shall provide, at no cost, duplicate sets of all records produced in response to the request to counsel of record for that agency unless the counsel of record for that agency elects not to receive the records.” 

For More Information, Contact Car Accident Attorney in Kennesaw 

If you or a loved one has been injured in an accident, you should consult with an experienced personal injury attorney to better understand your legal rights and options. It is crucial for accident victims to gather evidence as soon as possible following an accident. The experienced Georgia personal injury attorneys at Williams Elleby Howard & Easter, have deep knowledge of Georgia tort law, know how to thoroughly gather evidence in preparation of a personal injury lawsuit, and are dedicated to maximizing compensation for each of their clients. For more information or to discuss your case, contact Williams Elleby Howard & Easter, today to schedule a free consultation by calling 833-LEGALGA.

Georgia’s “Move Over” Law: What You Need to Know

Georgia move over law

Most of us know that when a police car, fire truck, or ambulance is traveling down the road with sirens blaring, the law requires us to slow down, yield the right of way, and move over to the shoulder of the road if possible. Upon the approach of an authorized emergency vehicle or police vehicle that is making use of its siren, all other drivers must:

Yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle or law enforcement vehicle has passed, except when otherwise directed by a police officer.

However, fewer people understand that they are also required to leave plenty of room when passing by police or emergency vehicles that are parked on the side of the road. This duty is defined by Georgia’s “Move Over” law, which is found in Title 40 Chapter 6 Section 16 of the Official Code of Georgia. A recent report by Atlanta news station CBS 46 found that many drivers were completely unaware that this law even existed. Below is the essential information about Georgia’s Move Over law that every Georgia driver should know.

WHAT THE MOVE OVER LAW SAYS

Georgia’s Move Over law states that when a driver approaches a stationary police, emergency, accident recovery, or Department of Transportation vehicle that is displaying flashing lights, the driver shall approach “with due caution” and unless otherwise directed by a peace officer:

(1) Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or

(2) If a lane change would be impossible, illegal, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

Therefore, the first course of action should always be to change lanes. If this can be accomplished safely, a driver need not necessarily slow down as long as they are otherwise driving safely. If changing lanes isn’t possible or would be illegal or unsafe, a driver must slow down to below the posted speed limit.

CONSEQUENCES FOR VIOLATING THE MOVE OVER LAW

The Move Over law is intended to keep roadside emergency crew and law enforcement personnel safe from passing motorists. Accidents, especially those that cause fatalities, are the most serious consequences. According to the Governor’s Office of Highway Safety (GOHS), before the law was passed in 2003, “Georgia road crews, traffic enforcement officers, and other first responders endured needless years of roadside deaths and injuries due to careless errors made by distracted drivers as they sped by police making traffic stops and emergency crews working roadside jobsites.” Although the law has made things much safer, the GOHS has stated that violations are “still far too common.”

The Move Over law authorizes a penalty of up to $500 for violators. However, if an accident occurs, the legal consequences of violating the Move Over law can be much more serious. Additional charges, such as reckless driving, are common in these types of cases, and of course charges could be much more serious if a police officer or emergency crew member is struck. Moreover, in the event that there is a civil lawsuit for damages, a driver violating the law may be presumed negligent. This is referred to as negligence per se, and when this doctrine applies it is much easier for a plaintiff to win a claim against a defendant.

FOR MORE INFORMATION, CONTACT WILLIAMS ELLEBY HOWARD & EASTER, TODAY

Staying safe should always be the number one priority when getting behind the wheel. To this end, all Georgia drivers have a duty to operate their vehicles with reasonable care, which includes adhering to Georgia’s rules of the road. Everyone has a duty to operate their vehicles with reasonable care, but many people make unsafe mistakes simply because they don’t know what their duty is in a given situation. This is why knowing the law is essential to driver safety. When accidents do occur, it is also imperative for all parties involved to be aware of their legal rights and options.

The Kennesaw personal injury attorneys at Williams Elleby Howard & Easter, have deep knowledge of Georgia traffic accident laws. They provide thorough, accessible, and effective service to each of their clients, with the goal of maximizing compensation in each case. Williams Elleby Howard & Easter, offers free case evaluations and accepts cases on a contingency-fee basis. If you would like more information, or if you have been in an accident and would like to discuss your case, contact Williams Elleby Howard & Easter, today by calling 404-389-1035.

Bicycle Wrecks

bicycle accident wreck injured

Each year in the United States there are hundreds of thousands of accidents between automobiles and bicycles. Because of their vulnerable position, these accidents often have severe consequences for the cyclists involved. It is crucial for both motorists and cyclists to understand their rights and duties under Georgia law.

If you have been injured in a bicycle wreck and someone else was at fault, you need a qualified and experienced bicycle wreck injury attorney to represent you. Williams Elleby Howard & Easter, is dedicated to getting accident victims the compensation they deserve. To discuss your case, contact Williams Elleby Howard & Easter, to schedule a free case evaluation today online or by calling 833-LEGALGA.

Duties of Motorists and Cyclists to Each Other

Motorists and cyclists each have a duty to act with reasonable care while on the road. Drivers, as well as cyclists, must follow the “rules of the road” outlined by Title 40, Chapter 6 of the Georgia Code. If either a cyclist or motorist violates a traffic law, they can be considered at-fault in an accident. In some cases both parties are at-fault, and the issue becomes determining to what degree each party was at fault.

Specific Laws Applying to Cyclists

There are a few specific laws that apply to cyclists in Georgia. These are found in Chapter 6 Article 13 Part 1. Under O.C.G.A. § 40-6-294, “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.” This generally means a cyclist must remain in a bike lane or on the shoulder of the road unless they are turning left; however it is important to note that if there is a “hazard to safe cycling” then cyclists are allowed to move into the main lane of traffic temporarily.
Bicycles must only be used by one person at a time, unless it is designed to carry more than one person. When riding at night, bicycles must have a white light in the front and a red light or reflector on the back. Adults are not required to wear helmets when riding a bicycle; however children under the age of 16 are required to wear a helmet. Cyclists should also remember that riding a bicycle while legally intoxicated is illegal.

If You Have Been in a Bicycle Wreck, Contact Williams Elleby Howard & Easter, to Discuss Your Case Today

Bicycle wreck accidents claims, like other types of personal injury claims, can be complex. It is imperative for victims of harm to have qualified and experienced legal counsel on their side. A Kennesaw, Ga personal injury attorney that understands bicycle wreck cases and is familiar with local courts can ensure that your compensation is maximized.

If you have been involved in a bicycle wreck, the qualified bicycle wreck attorneys at Williams Elleby Howard & Easter, can help you understand your rights and get you the compensation you deserve. If you would like more information, Williams Elleby Howard & Easter, is here to help. Call today to schedule your free consultation at 833-LEGALGA.

Georgia Child Booster Seat Laws

booster seat car children law

In 2002, John Creeks resident Jenny Harty was traveling with her husband and two small children when their car was struck by an SUV in rural Georgia. She told the Atlanta Journal-Constitution, “a logging truck ran the stop sign, ignored the rumble strips and hit the tail end of [an oncoming] SUV. And the SUV lost control, hit us and literally shaved off the left side of our van.” Nobody was killed in the accident, but six-year-old Abby Harty was injured and five-year-old Madison Harty needed five surgeries to repair her arm. According to reports, the children’s booster seats “absolutely” saved their lives.

Since that the accident, Jenny Hart has been a staunch advocate for tougher child passenger safety laws in Georgia. She became a car seat technician and has worked with Georgia legislators to get new safety measures passed. Her efforts – and the efforts of like-minded safety advocates – have largely been successful. Georgia used to have somewhat lax child passenger safety laws, but now has laws requiring the use of child seats that are in-line with federal National Highway Traffic Safety Administration standards.

Just like the Georgia law requiring drivers and front seat passengers to wear a seat belt, the law requiring children to be secured in car seats or booster seats is intended to save lives in the event of an auto accident.

Georgia Child Passenger Safety Law

Under Title 40 Chapter 8 Section 76 of the Official Code of Georgia, children under the age of 8 years old are required to sit in a car seat or booster seat. These car or booster seats must be secured in the rear seat, but appropriate for the child’s height and weight, and meet all U.S. federal standards. However, there is an exemption for children under 8 that have a height of over 4’9”.

The precise requirements of the Georgia car seat laws are as follows:

• Children under the age of 4 and under 20 lbs must be in a rear-facing car seat.

• Once a child is over the age of 1 and weighs over 20 lbs, they must be placed in a rear-facing or forward-facing car seat.

• Children aged 4-7 must be placed in a rear or forward facing car seat if they weigh less than 40 lbs.

• Children aged 4-7 that weigh more than 40 lbs must be placed in a forward-facing car seat or a booster seat plus lap and shoulder belt.

The Georgia Office of Highway Safety also recommends that children remain in a booster seat until they are big enough to fit properly in a seat belt.

For More Information, Contact Williams Elleby Howard & Easter

The experienced personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to helping auto accident victims get the compensation they deserve. Williams Elleby Howard & Easter, is located in Kennesaw, Georgia, and serves clients throughout the State of Georgia. If you would like more information about Georgia’s child safety passenger laws or if you have been in an accident and would like to discuss your case, contact Williams Elleby Howard & Easter, at 833-LEGALGA to schedule a free personal injury consultation today.

Georgia Assumption of Risk Doctrine

fault assumption risk liable Georgia

Under the classic assumption of risk doctrine, a defendant is not liable for harm caused if the plaintiff voluntarily and knowingly assumed the risk. Georgia courts have long accepted the doctrine of assumption of risk. Assumption of risk is an affirmative defense to liability, although Georgia courts will sometimes integrate assumption of risk into a comparative fault analysis.

The Court of Appeals of Georgia has held that a defendant may successfully assert assumption of risk as a defense when defendant shows that the plaintiff:

1. Had actual knowledge of the danger in question;
2. Understood and appreciated the risks associated with such danger; and
3. Voluntarily exposed himself or herself to those risks.

Examples of Assumption of Risk Being Applied in Georgia Courts

Georgia courts have accepted assumption of risk defenses in many types of personal injury cases, including premises liability and product liability cases. The cases highlighted below show how Georgia courts apply doctrine in different types of cases.

Teems v. Bates, 684 S.E.2d 662 (2009)

In this case, teenager Janna Teems was injured after falling off of the top of a car driven by her friend, Matthew Bates. Teems wanted to ride on top of the car for fun as Bates drove around in a parking lot, but Bates drove faster than Teems expected (10-15 mph) and fell from the car. She was seriously injured and required weeks of hospitalization.

Teems sued Bates for negligence, but the trial court found that Teems assumed the risk of harm and ruled in favor of Bates. The appeals court affirmed this decision, finding that:

“When a person knowingly and voluntarily takes a risk of physical injury the danger of which is so obvious that the act of taking such risk in and of itself amounts to a failure to exercise ordinary care for one’s own safety, that person cannot hold another liable for injuries proximately caused by such action even though the injuries may be in part attributable to the negligence of the other person.”

This case shows that when a plaintiff assumes a major risk, the assumption of risk doctrine will apply even when the defendant’s conduct was clearly negligent.

Landings Association, Inc. v. Williams, 728 S.E.2d 577 (2012)

This case shows how assumption of risk is applied in premises liability cases. In this case, 83-year-old Gwyneth Williams was killed by an alligator as she walked on a pathway along a man-made lagoon. Her family brought suit against the property owners. However, it was well-known in that area that alligators lived in the waters of the property. Moreover, the property owners warned residents in the area about the presence of the alligators. The Georgia Supreme Court found that although the property owners had a duty to keep the premise reasonably safe, that in this case Williams assumed the risk that an alligator could harm her.

Wilson v. Bicycle South, 915 F.2d 1503 (1990)

This product liability case was decided in the US Court of Appeals for the 11th Circuit, which is located in Atlanta. Although the case was decided in a federal court, Georgia state law was applied. The court determined that if a plaintiff voluntarily decides to use a product, despite knowing about a product’s defect and being aware of the danger the defect presents, they cannot recover in a product liability claim if the product harms them because they assumed the risk.

For More Information, Contact Williams Elleby Howard & Easter, Today

The attorneys at Williams Elleby Howard & Easter, are dedicated to helping personal injury victims with all types of personal injury claims, including auto accidents, “slip and fall,” premises liability, and product liability claims. If you would like more information or would like to discuss your case, call Williams Elleby Howard & Easter, today to schedule a free consultation at 833-LEGALGA.