Watch Your Children Closely: Child Sex Trafficking is a Major Problem in Georgia 

child sex trafficking Georgia

On June 6, 2018, the Atlanta-Journal Constitution reported that nearly 160 children were rescued in a major sex trafficking sting in Atlanta. Some of the children rescued were as young as three years old. The sting netted nearly 150 arrests. The special agent in charge of the operation, Matt Alcoke, told reporters these types of crimes are of high concern for investigators “because the victims are so vulnerable as children and because the offenders could be from just about any walk of life, from a gang member all the way up to someone who is highly successful and wealthy.” 

Unfortunately, human trafficking is not a new phenomenon for Georgia. According to the National Human Trafficking Hotline, there were 276 human trafficking cases reported in Georgia in the year 2017. The actual incidence of human trafficking is likely much higher as criminals operating human trafficking rings try to hide in the shadows. 

The Official Code of Georgia Title 16 Chapter 5 Article 3 criminalizes the trafficking of any person “for labor or sexual servitude” and includes more severe penalties for trafficking of children. Additionally, Atlanta’s mayor, Keisha Lance Bottoms, has said she is committed to stopping the spread of human trafficking in the city. Despite the best efforts of law enforcement, parents and guardians must also work to keep their children safe. 

Sex Traffickers Target Children 

Sex traffickers often target children. The Georgia Department of Education explains: 

Trafficking can involve school-age children — particularly those not living with their parents — who are vulnerable to coerced labor exploitation, domestic servitude, or commercial sexual exploitation (i.e., prostitution). 

Sex traffickers target children because of their vulnerability and gullibility, as well as the market demand for young victims. Those who recruit minors into prostitution violate federal anti-trafficking laws, even if there is no coercion or movement across state lines. The children at risk are not just high school students — studies demonstrate that pimps prey on victims as young as 12. Traffickers have been reported targeting their minor victims through telephone chat-lines, clubs, on the street, through friends, and at malls, as well as using girls to recruit other girls at schools and after-school programs. 

Civil Claims for Sex Offenses in Georgia 

It is possible for victims of sexual crimes to bring personal injury lawsuits against the person or persons responsible under Georgia law. Victims of sexual abuse have a right to hold perpetrators accountable in civil court and are entitled to compensation for their physical, emotional, and financial injuries.  If the crime occurs at a place of business such as a hotel or apartment complex, the victim may have a negligent security claim.  If you or a loved one has been the victim of sex trafficking or any other type of sexual assault, it is important to be aware of your legal rights and options. 

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

Williams Elleby Howard & Easter, is dedicated to getting justice for all types of personal injury victims in civil court. Located in Kennesaw, Georgia, Williams Elleby Howard & Easter, serves clients throughout the state of Georgia. If you would like more information about this issue or would like to discuss your case, contact Williams Elleby Howard & Easter, today to schedule a free consultation by calling 833-LEGALGA.

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.

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.

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.

What You Need to Know about Georgia’s Distracted Driving Law

know Georgia distracted driving law

What You Need to Know about Georgia’s Distracted Driving Law 

Distracted driving as a cause of traffic accidents has been garnering increased attention from media, scholars, and lawmakers over the past few years. The CDC warns that distracted driving is a major cause of accidents, and statistics from the Georgia Department of Transportation show that fatal highway accidents are on the rise as a result of these behaviors. According to the New York Times, talking on the phone while driving is just as dangerous as driving with a blood alcohol level at the legal limit, text-messaging drivers are eight times more likely to be in an accident than other drivers, and overall, drivers distracted in some way are four times more likely to be in an accident. The NYT put together an excellent video that highlights the unfortunate reality that even though drivers understand the risk of these activities, they continue to take part in them while they drive. 

Georgia passed an anti-texting law in 2010, which made it illegal to “write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data” while operating a motor vehicle on a public Georgia roadway. Georgia recently enacted a new law that will place additional restrictions on drivers. In February 2018, the Georgia House of Representatives passed a bill, by a wide margin, which prohibits certain activities associated with distracted driving. In a 55-0 vote, the Georgia Senate passed a version of the law on March 27th, and the Georgia General Assembly approved that same version of the law on March 29th, 2018 and the Governor just recently signed the bill into law.  The law is titled HB 673 and the full text can be found here. 

What the New Law Will Prohibit 

In addition to prohibiting sending or reading a written communication (which is already illegal), the new law will prohibit holding a cell phone while driving, as well as watching or taking a video recording while driving a car. The law also makes it illegal to reach for something if doing so requires no longer being seated in the proper driving position. 

Conduct Permitted by the Law 

There are several actions that lawmakers considered including in the new restrictions, but ultimately decided against doing so. Under the new law, drivers will still be permitted to: 

  • Talk or text on a cell phone using hands-free technology; 
  • Wear a smart watch; 
  • Use a GPS system or mapping app; and 
  • Use a radio to communicate. 

Exemptions 

Drivers are exempt from the law if they are experiencing an emergency, or reporting an emergency. The law permits drivers to use a cell phone while driving to report an accident, medical emergency, fire, crime or hazardous road condition to authorities. The law also does not apply to anyone that is legally parked. 

Police officers, firefighters, emergency medical personnel, ambulance drivers, other first responders, and utility employees or contractors responding to a utility emergency are also exempt from the law. 

Penalties 

Violating this law will also harm a person’s driving record. A first violation will add one point to a person’s driver’s license; a second violation two points; and a third or subsequent violation three points.  Fines are also levied against anyone who is found guilty for violating this law.   

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

Most of us drive every day. We sometimes take it for granted that we will always get from point A to point B safely. But the truth is that driving is an inherently dangerous activity. We all owe it to ourselves and to everyone else on the road to drive with focus and caution to avoid accidents. But even when we limit our own distracted driving, getting in an accident is still a possibility. 

If you are in an accident, the experienced personal injury attorneys at Williams Elleby Howard & Easter, can help. Located in Kennesaw, Georgia, Williams Elleby Howard & Easter, serves clients throughout the State of Georgia in all types of personal injury claims. We can investigate the facts of your case, help you understand your legal rights and options, and work to get you the compensation you deserve. If you would like more information or if you would like to discuss your case, contact Williams Elleby Howard & Easter, today by calling 833-LEGALGA.

The Statute of Limitations for Personal Injury Claims in Georgia

statute limitations Georgia personal injury

If you have suffered a personal injury and think you may be able to make a claim against the person or entity responsible, it is imperative that you be aware of the statute of limitations for your claim. The statute of limitations is the time limit that a person has to make a claim. If a claim is not made within this time limit, it will be barred. There is a statute of limitations for virtually every type of claim under both federal and state law in the United States. In Georgia, the statute of limitations for personal injury claims is two years under the Official Code of Georgia Title 9 Section 3 Article 33. 

The statute of limitations for personal injury claims is one reason that victims should consult with a lawyer as soon as possible following personal injury. It takes time to properly investigate a case and prepare a claim. It is always a tragedy when a personal injury victim fails to get compensation they deserve because they filed a claim too late. If you have suffered a personal injury and would like to find out more about your legal rights and options, contact Williams Elleby Howard & Easter, right away so that we can investigate your case by calling 833-LEGALGA. 

The Rationale Behind the Statute of Limitations 

It may seem unfair to prevent an injury victim from getting the compensation they deserve just because they waited too long before bringing their claim. But there are a couple of very good reasons that statutes of limitations exists. The first is that it is unfair to expect people to defend against claims arising out of conduct that occurred in the distant past. Statutes of limitations are intended to prevent lawsuits against people that may not even remember the incident they are being sued for.  Another important rationale for statutes of limitations is that they encourages victims to file lawsuits when evidence is still fresh, which makes the work of sorting out liability much easier on the court system. Statutes of limitations have been around almost as long as the western legal tradition, and were incorporated into the laws in America before the United States was formed. 

Official Code of Georgia Title 9 Section 3 Article 33 

O.C.G.A. § 9-3-33 states, “actions for injuries to the person shall be brought within two years after the right of action accrues.” Generally, an action “accrues” at the moment that a victim knows that they have been injured by the defendant’s conduct. In most personal injury cases, this means that the two-year limitations period begins as soon as the defendant’s negligent conduct causes an accident to occur. 

However, in some cases an action may not accrue until months or even years later. This can happen either because a person does not realize they have been injured right away, or because they do not know that their injury was caused by the defendant. An example to illustrate both of these situations is when a person is harmed by a toxic substance or a defective pharmaceutical drug.  In such a case, the victim may not feel symptoms from the harm they suffered until many days, weeks, or even months later. And, after they feel the symptoms, it would require additional investigation for them to discover the cause of their negative reaction or illness. Their claim will therefore not accrue, and the two-year time limit to file their claim will not begin to run, until they are aware or should be aware of the cause of their harm. 

Statutes of Limitations for Specific Claims 

There are a few types of personal injury claims that are governed by special statutes of limitations. These include: 

  • Wrongful death claims, medical malpractice claims, and product liability claims, which all have a two-year statute of limitations under Georgia law. 
  • Workers’ compensation claims, which have only a one-year statute of limitations. 
  • Claims for property damage, which have a four-year statute of limitations. 

Tolling of the Statute of Limitations 

Under Georgia law, the statute of limitations does not run, or is tolled, in certain cases. The Official Code of Georgia Title 9 Chapter 3 Article 5 establishes several instances in which the time limit to file a claim under a statute of limitations is put on pause.  For instance, if a person is legally incompetent prior to or following an accident, the statute of limitations will be tolled until they regain legal competence, and a claim held by a child is also tolled until the child reaches the age of 18. However, in these cases, a parent or guardian may be able to make the claim on behalf of a child or incompetent person. 

Statute of Repose 

Georgia also has enacted several statutes of repose for certain types of claims. A statute of repose completely bars a claim from being made after a certain number of years. Statutes of repose and statutes of limitations may seem like the same thing, but they actually function very differently. A statute of limitations holds that a person may no longer make a claim because they have waited too long. An otherwise valid claim can be barred by the statute of limitations. A statute of repose does not simply bar a claim from being made. Rather, a statute of repose declares that any existing claim is extinguished, as though it never existed, after the statutory time limit has been reached. 

This difference is significant, because when a statute of limitations has passed, a plaintiff will still have the ability to argue that they should be able to bring their claim, for instance, because the time has been tolled. When a statute of repose has run its course, a plaintiff does not have the right to make any argument that they should still be able to make their claim, because their claim simply does not exist anymore. 

Another key difference is that a statute of limitations begins, as discussed, when a claim accrues. A statute of repose, on the other hand, begins to run as soon as the tortious conduct occurred, regardless of whether the victim was aware of what happened at the time. 

Product liability claims are extinguished by a statute of repose 10 years after a product was sold, and medical malpractice claims are extinguished by a statute of repose 5 years after the incident of malpractice occurred. 

For More Information, Contact Williams Elleby Howard & Easter Today 

If you have been injured in an accident caused by the negligence or wrongful conduct of someone else, contact Williams Elleby Howard & Easter, right away. Based out of in Kennesaw, Georgia, the experienced personal injury legal team at Williams Elleby Howard & Easter, works hard to get justice for injury victims throughout the State of Georgia in both state and federal courts. Schedule a free consultation today by calling 833-LEGALGA.

Georgia Court of Appeals Recently Discusses the “Family Purpose Doctrine” in Car Accident Case

family purpose doctrine accident

A recent case decided by the Georgia Court of Appeals, Anderson v. Lewis, has helped to further define the application of Georgia’s family purpose doctrine. This case involved a Georgia auto accident. The driver that caused the accident was driving his grandfather’s vehicle at the time. The plaintiff, Teena Anderson, named both the grandson and the vehicle owner, the grandfather, as defendants. Anderson claimed that the latter should be liable according to the family purpose doctrine. 

The Family Purpose Doctrine 

Typically, a person is not liable for the negligence of someone else. But sometimes, as a matter of fairness, it is necessary to look beyond the person directly responsible to see if other parties should be obligated to compensate the victim. This is called vicarious liability. The most common application of vicarious liability occurs when employers are sued for the negligence of their employees. However, vicarious liability can also apply to family members. 

Under Georgia’s family purpose doctrine, “when an owner of a vehicle maintains the vehicle for the use and convenience of his family, that owner may be held liable for the negligence of a family member who was using the vehicle for a family purpose.”  Therefore, when a family member causes an auto accident while driving the family car in service of the family, for instance by getting groceries or giving a family member a ride, the car owner may be liable. The legal basis for the family purpose doctrine comes from Georgia case law, as well as from Georgia’s vicarious liability statute, which states that “every person shall be liable for torts committed by his wife, his child, or his servant by his command or in the prosecution and within the scope of his business, whether the same are committed by negligence or voluntarily.” 

Application of the Doctrine in Anderson 

It was clear that the family purpose doctrine applied in Anderson. The grandson was found to be using the vehicle for a family purpose when the accident occurred. However, the plaintiff was unable to serve the grandson with notice of the lawsuit, and without service of process a party cannot be sued. The claim against the grandson was therefore dismissed. 

After that, the grandfather argued that since the driver was no longer a defendant, the claim against him should also be dismissed. He argued that vicarious liability can only apply when the party that directly caused the accident is found to have been negligent. If the party accused of causing the accident is found not to have been negligent, then there can be no vicarious liability. Georgia law is clear that if there is “a judgment on the merits in favor of the servant” then there cannot be vicarious liability against the master. The trial court agreed with the grandfather’s argument and dismissed Anderson’s claim. Anderson appealed. 

The Appeal Court’s Opinion 

The Court of Appeals of Georgia overturned the trial court decision. Although the claim against the grandson was dismissed, it did not constitute a “judgment on the merits.” There was never any judicial determination that the grandson wasn’t negligent. Therefore, even though the grandson was no longer a party to the lawsuit, the Court of Appeals held that Anderson could still continue on with her lawsuit against the grandfather. This case shows that the family purpose doctrine can apply against a defendant even if the family member directly responsible is not a defendant in the lawsuit. 

Find the Best Georgia Car Accident Attorney for Your Case 

The State of Georgia has many attorneys that handle car accident claims.  Some are very good and others are not.  If you are considering hiring an attorney for your case, you should consider interviewing more than one firm before making your decision. 

If you schedule a free consultation with one of our experienced Georgia personal injury attorneys at Williams Elleby Howard & Easter, we can help you understand whether the family purpose doctrine may apply in your case. Victims of accidents caused by the negligence of someone else deserve to be compensated for their harm. 

Williams Elleby Howard & Easter, is a law firm dedicated to providing knowledgeable, accessible, and effective service to each of its personal injury clients. Our attorneys handle all types of personal injury claims throughout the State of Georgia, including auto accidents, workplace injuries, defective products, premises liability, and malpractice cases. We offer free consultations and accept cases on a contingency fee basis, meaning our clients don’t pay a dime in attorney fees unless and until we win their case. To schedule a case evaluation, call Williams Elleby Howard & Easter, today at 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 833-LEGALGA.

Falling Objects Causing Injuries at a Work Site—Who’s at Fault?

falling object job injury fault

According to the Federal Department of Labor (DOL), approximately 3 million workers are injured on the job each year, and more than 4,500 are killed. Many of these accidents are caused by falling objects. In fact, the DOL has labeled falling objects as one of construction’s “fatal four” types of accidents. If you or a loved one has been injured by a falling object at a work site, you should be aware of your legal rights and options. Williams Elleby Howard & Easter, is dedicated to getting accident victims the compensation they deserve. To schedule a free case evaluation, call 833-LEGALGA today.

Falling Object Injuries on Work Sites

Whenever work is being done on multiple levels, there is always the risk that debris will fall or objects will be dropped, even when workers are using reasonable care. Severe injuries from falling objects at work sites often can be blamed on the failure of workers to wear a hard hat. Workers should always wear a hard hat when there is even a small possibility of falling objects.

Employers have a duty under OSHA regulations to maintain a safe work site and ensure that workers have the proper protective gear. Workers have a right to request an OSHA safety inspection if they feel conditions are unsafe, and employers are forbidden from retaliating against workers that make such a request.

Ultimately, however, for workers covered by Georgia’s Workers Compensation Law, a determination of fault is ultimately irrelevant in most cases. This is because under this law, workers automatically receive benefits when they are injured on the job, regardless of who is at fault. However, compensation is also limited.

Georgia’s Workers’ Compensation Law

Workers’ compensation functions by providing workers injured on the job with automatic compensation for harm and with benefits if they become disabled. Workers’ compensation insurance also provides benefits to dependents if a worker dies as a result of a job-related injury. The trade off, however, is that workers are prohibited from bringing lawsuits against employers (or co-workers) if they suffer harm in the course and scope of their employment.

Determining whether workers’ compensation applies is often complicated. In the State of Georgia, any employer with three or more employees is required to carry workers’ compensation insurance. When jobs utilize contractors and subcontractors, it is often unclear at first whether a particular worker will be covered by the law. The experienced personal injury attorneys at Williams Elleby Howard & Easter, help worksite accident victims navigate the law so that their rights are protected.

Non-Worker Victims of Harm

Non-workers are not, of course, covered by Georgia’s Workers’ Compensation Law. For instance, if a pedestrian strolling past a construction site is struck by a falling object, they are free to bring a negligence claim against the party or parties responsible. In cases where debris falls from a building, a premises liability claim could be brought as well. Premises liability claims can be brought when property owners are at fault for failing to ensure that their property is free from unreasonable hazards.

Damages in a Personal Injury Suit

Georgia personal injury law is intended to fully compensate victims for their harm. Compensation from a personal injury lawsuit, also called damages, is intended to pay for things like medical expenses, lost wages, and pain and suffering. In cases where a defendant exhibited intentional or reckless conduct, punitive damages may also be possible. However, it must be remembered that personal injury victims covered by the Georgia Workers’ Compensation Law will be strictly limited to the compensation permitted under that law.

For More Information, Contact Williams Elleby Howard & Easter

Worksite accidents can be devastating, particularly when caused by falling objects. Victims need the support of qualified and experienced legal counsel on their side. The experienced personal injury attorneys at Williams Elleby Howard & Easter, work hard to get accident victims the compensation they deserve.

Located in Kennesaw, Georgia, Williams Elleby Howard & Easter, serves clients throughout the State of Georgia. If you or a loved one has suffered an injury at a work site due to a falling object, the attorneys at Williams Elleby Howard & Easter, can help you understand what possible claims you may have and work to get you the compensation you deserve. To schedule a free consultation, call 833-LEGALGA today.