Georgia Supreme Court Clarifies Pre-Suit Offer Requirements

settle offer suit

In the recent Georgia Supreme Court case of Grange Mutual Casualty Company v. Woodard, the court 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. The decision analyzed Georgia’s pre-suit offer law, found in O.C.G.A. § 9-11-67.1.

The holding affirms that personal injury victims have the freedom to add conditions to pre-suit settlement offers, including prompt-payment stipulations. O.C.G.A. § 9-11-67.1

This law states that:

“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 states “The recipients of an offer to settle made under this Code section may accept the same by providing written acceptance of the material terms outlined in subsection (a) of this Code section in their entirety.”

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”

Subsection (g) states that “Nothing in this Code section shall prohibit a party making an offer to settle from requiring payment within a specified period; provided, however, that such period shall be not less than ten days after the written acceptance of the offer to settle.”

The Facts and Holding of Grange

This case stemmed from a fatal car accident that occurred in 2014. The plaintiff, Boris Woodard, was driving in a car with his daughter when they collided with the defendant. Boris Woodard was injured and his daughter was killed. Woodard made a pre-suit offer to settle his personal injury and wrongful death claim pursuant to O.C.G.A. § 9-11-67.1. The settlement offer included a condition that, if the defendant accepted the offer, they must deliver payment within 10 days.

The defendant accepted the settlement, but because of an addressing error did not deliver the payment within 10 days. When the payment didn’t arrive in time, Woodard’s attorney retracted the pre-suit settlement offer. But the defendant claimed that Woodard couldn’t retract the offer, because the settlement agreement was already reached. What’s more, the defendant claimed that the condition requiring payment within 10 days was not even permitted under O.C.G.A. § 9-11-67.1, because according to subsection (b), only the “material terms outlined in subsection (a)” needed to be accepted to create a binding agreement.

The Court rejected the arguments made by the defendant and held that pre-suit settlement agreements can have terms beyond those stipulated by O.C.G.A. § 9-11-67.1. Although the Court’s determination does appear to somewhat contradict the plain language of subsection (b), it was completely consistent with the language of subsections (c) and (g). When statutes are ambiguously written, it is up to courts to interpret them in a way that upholds the legislature’s intent. Here, because subsections (c) and (g) clearly support the notion that claimants should be able to add conditions to pre-suit offers, the Court made a sound interpretation.

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

The experienced Georgia personal injury attorneys at Williams Elleby Howard & Easter, work hard to maximize settlements on behalf of each of their clients. When a fair settlement can’t be reached, Joel Williams and his team of attorneys vigorously represent clients in court. If you have been injured due to someone else’s wrongful conduct, call Williams Elleby Howard & Easter, to schedule a free consultation at 833-LEGALGA today.

The Mediation Process

mediation process personal injury

Mediation is a form of alternative dispute resolution whereby a neutral third party facilitates an agreement between the parties. It is a shorter and cheaper way to settle a dispute than litigation, and has the benefit of giving the parties full control of the outcome. It does, however, require parties to compromise. Unlike civil litigation, mediation is not an adversarial process; rather, the focus is on compromise. Mediation is a viable option in personal injury cases in Georgia.

Deciding if Mediation is Right for Your Personal Injury Case

The biggest reason to choose mediation is that it avoids expensive and lengthy litigation. The cost of court fees, expert witnesses, and other litigation costs can be significant. And, the expense of litigation is generally not compensable as a part of the damages in a case unless “the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.”

Mediation is also attractive because trials can be unpredictable. Mediation takes away the uncertainty of a jury or bench trial and lets the parties control the outcome. They can also take into account nuances and subtleties in the facts and the parties’ interests that would be lost at trial.

Finally, mediation is relatively risk-free. When a personal injury victim has an excellent case, they can always reject any settlement offers made during mediation and continue on towards trial instead. If you have been injured due to the wrongful actions of another, the attorneys at Williams Elleby Howard & Easter, can help you understand whether mediation is a good option for you.

Choosing When to Mediate

When the facts of a case are clear, it may be the case that both parties will be willing to mediate a claim right away. But in many personal injury cases, it isn’t clear whether mediation is the right choice until after the discovery phase has occurred and all of the relevant evidence is uncovered. At this point, each party has a good idea of how the case is likely to go, and they are thus in a better position to decide whether they want to take the risk of trial.

When a personal injury victim has a solid case, they will often choose to wait until after the summary judgment stage before agreeing to mediation, because after a claim survives this stage the final settlement value of the case will rise. Conversely, if the plaintiff’s claim is more questionable, a plaintiff may be eager to reach a settlement before reaching the summary judgment stage. Ultimately, an experienced personal injury attorney can determine when during the process mediation would be appropriate.

Choosing a Mediator

When parties agree to mediate, they are free to agree to any trusted third party they would like to act as their mediator. A personal injury mediator should be a practicing or retired attorney that understands Georgia tort law. The Georgia Commission on Dispute Resolution can help parties find a mediator. There are also private mediation firms with many excellent mediators. Three of the most popular in Georgia are Henning Mediation & Arbitration Service Inc. (https://www.henningmediation.com), Bay Mediation & Arbitration Services (https://www.bayadr.com), and Miles Mediation & Arbitration Services (https://milesmediation.com) . In other cases, the parties can request that the judge appoint a mediator.

Presenting Position Papers

The first step in mediation is to present the other side with a summary of your claim in the form of a position paper. This can also be a formal settlement demand. The mediator should also be given a copy of this document. A plaintiff’s position paper will address the merits of the claim and state the damages that are being demanded. A defendant may also have a position paper prepared.

Negotiating in a Joint-Session

After position papers have been presented and read, each side will explain their case. The purpose of this joint-session meeting is to make sure that each side fully understands the perspective and legal arguments of the other side. The mediator will objectively explain to both parties the likely outcome of a trial.

Holding Private Meetings as Needed

Following the initial joint-session meeting, the mediator will privately discuss with each side the strengths and weaknesses of their case. Any information learned by the mediator in these private sessions should remain confidential. The mediator will go back and forth as needed, acting as an intermediary to broker a compromise between the parties.

Reaching an Agreement

When the mediator feels that the parties are close to reaching a final agreement, the parties will come together again to discuss and then sign a settlement agreement. Most mediations can be completed in a few hours and take place in a single day.

If You Think You May Have a Personal Injury Claim, Contact Williams Elleby Howard & Easter, to Discuss Your Case

If you have been injured in an accident and would like to schedule a free consultation to discuss your case, call Williams Elleby Howard & Easter, at 833-LEGALGA today.

Georgia’s Family Purpose Doctrine

Georgia family purpose doctrine

Generally a person cannot be held liable for the wrongful conduct of someone else. We all have a duty to act with reasonable care towards others, but typically have no duty to make sure others also act with reasonable care. Nonetheless, as a matter of fairness, in some cases injury victims are allowed to sue third parties that did not directly cause the harm. Liability of third parties is called vicarious liability. The most common form of vicarious liability is respondeat superior, which occurs when an employer is liable for the acts of an employee.

However, in Georgia, family members can also be vicariously liable under the Family Purpose Doctrine. Under Georgia law, family members can be held vicariously liable for the actions of other family members that are being carried out to serve a “family purpose.” This is known as the Georgia family purpose doctrine and often results in additional insurance being available to cover your injuries. If you have been injured in a car accident, an experienced Georgia personal injury attorney can help you understand whether the family purpose doctrine may apply in your case and whether you may be entitled to compensation.

VICARIOUS LIABILITY UNDER GEORGIA’S FAMILY PURPOSE DOCTRINE

The family purpose doctrine is established by Georgia case law, as well as Georgia’s vicarious liability statute, O.C.G.A. § 51-2-2, 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.”

Vicarious liability under the family purpose doctrine is most often found when a family member is involved in an auto accident while driving the family car on behalf of the family. The Court of Appeals of Georgia has defined family purpose liability in this context by holding that if the defendant actually owns and keeps the vehicle as a family car, he or she may be held liable for any damages caused by another family member operating or using the vehicle for “a family purpose.”

A distinct but related claim that can be made in these types of cases is negligent entrustment. In the words of the Georgia Supreme Court, “Liability for negligent entrustment is predicated upon a negligent act of the owner in lending his automobile to another to drive, with actual knowledge that the driver is incompetent or habitually reckless.” In some cases, a negligent entrustment claim can be brought alongside a vicarious liability claim.

CONTACT THE ACCIDENT INJURY ATTORNEYS AT Williams Elleby Howard & Easter, FOR MORE INFORMATION

If you have been involved in a car accident, it is crucial that you be aware of your rights and legal options. All possible defendants should be considered. The experienced personal injury attorneys at Williams Elleby Howard & Easter, can investigate you case to determine if vicarious liability applies. Williams Elleby Howard & Easter, has recovered millions of dollars on behalf of its Georgia clients.

Williams Elleby Howard & Easter, serves clients throughout the state of Georgia. If you would like to discuss your case, contact Williams Elleby Howard & Easter, at 833-LEGALGA today.

Georgia Dog Bite Attorney

dog bite victim

Dogs can be loyal and loving members of the family. However, despite being a “man’s best friend,” dogs also bite millions of Americans each year. According to the CDC, roughly 4.5 million dog bites occur each year in the United States. Dog bites can cause serious injuries and even death. When dangerous or vicious dogs cause harm, or when dog owners negligently permit dogs to attack others, dog bite victims are entitled to compensation for their harm.
However, whether a dog bite claim will be successful depends on a number of factors. If you have suffered an injury as a result of a dog bite, it is important to understand the law and to be aware of your rights.
O.C.G.A. § 51-2-7
Georgia has a statute governing injuries caused by animals, including dogs, found in O.C.G.A. § 51-2-7. According to this law, a negligent owner of a violent dog that causes harm unprovoked could be held liable for damages.
There are thus four elements dog bite plaintiffs must prove to win their claim:
1. Vicious propensity. A dog that has a history of aggressive behavior towards people, or has been involved in past incidences of biting, can probably be considered “vicious or dangerous” under the statute. This element is automatically met if a dog was required by law to be at heel or leashed and was instead running free.
2. Careless management or allowing dog to go at liberty. Letting a dog off-leash in public or otherwise allowing it to roam free around others could meet this element. If a dog is on its owner’s property, careless management could occur if an owner knows the dog is aggressive to guests yet fails to contain or control it.
3. Unprovoked. To meet this element, a dog bite victim must not have provoked the dog into attacking. Unlike other types of torts, the doctrine of comparative negligence will not apply in this circumstance. If a person provokes a dog into attacking by antagonizing it, a dog bite claim will be completely defeated.
4. Causing injury. As with any personal injury claim, a dog bit victim must carefully prove that any injuries sustained were caused by the dog bite.
The Statute of Limitations for Bringing Dog Bite Claims
Under the Georgia Statute of Limitations for personal injury claims, an injury victim must take action within two years of the injury. The two-year period begins the moment that the victim knows that they have been injured by a dog bite. In certain circumstances this two-year period can be “tolled” or delayed, for instance when a victim is unable to bring a lawsuit because of their injury or because the defendant prevented them from doing so.
Contact Williams Elleby Howard & Easter Today for More Information
The personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to vigorously representing personal injury throughout Georgia. If you have been bitten by a dog, Williams Elleby Howard & Easter, can help you understand your rights and get you the compensation you deserve. Call Williams Elleby Howard & Easter, to schedule a consultation today at (404) 389-103.

Bringing Georgia Personal Injury Claims Against Out-of-State Defendants

personal injury claim jurisdiction

A personal injury claim can only be brought in a state that has personal jurisdiction over the defendant. If the accident occurred in Georgia, then Georgia will automatically have personal jurisdiction over the defendant.

If the accident occurred in another state, a claim will most likely need to be filed in that other state or in the state where the defendant resides. If you have been in accident with an out-of-state motorist, you should speak with an experienced personal injury attorney to fully understand your rights and options.

What is Personal Jurisdiction?

Personal jurisdiction is the power of a court to render judgments over an individual. This type of jurisdiction only exists over individuals that have some type of contact with the state in which the court sits. For instance, if a person has never been to or had contacts with a state, then no court in that state would have personal jurisdiction over them. If a court lacks personal jurisdiction over an individual, it has no power to render a binding judgment over them.

The requirement that a court have personal jurisdiction over an individual is a protection afforded by the United States Constitution. It is unjust to expect anyone to be subject to the judgments of the courts of states with which the defendant has no history. However, as long as a person has had minimal contacts with a state, it is constitutional for one of that state’s courts to hold personal jurisdiction over the person.

The Georgia Long Arm Statute

Georgia statutory law has defined the personal jurisdiction that Georgia courts hold over out-of-state defendants that commit torts in Georgia. Under Georgia’s Long Arm Statute, Georgia “may exercise personal jurisdiction over any nonresident” that “commits a tortious act or omission within this state.” When an out-of-state resident causes an accident in Georgia, a victim can bring a suit in the county where the accident occurred, or in the county where the victim resides. However, it is important to remember that out-of-state defendants must be properly served with notice of any lawsuit against them in their home state.

Contact the Kennesaw, GA Personal Injury Attorneys at Williams Elleby Howard & Easter, for More Information

If you have harmed due to the wrongful conduct of an out-of-state motorist, it is crucial to be aware of your rights. The personal injury attorneys at Williams Elleby Howard & Easter, have experience handling personal injury claims against defendants that reside in and outside of Georgia. They can help you understand your legal rights and options, and make sure you file your claim in the appropriate court.

Williams Elleby Howard & Easter, is dedicated to getting auto accident victims the compensation they deserve. The attorneys at Williams Elleby Howard & Easter can investigate the facts of your case, help you understand your legal options, protect your rights and interests, negotiate with the opposing party, and ultimately get you the best possible outcome. For more information about this issue or to schedule a consultation to discuss your case, call Williams Elleby Howard & Easter, at 833-LEGALGA today.

Problems with Eyewitness Testimony

problems eyewitness testimony injury

Eyewitness testimony is crucial to the functioning of our justice system. However, it is also often hopelessly incorrect. This can wreak havoc when it comes to personal injury claims that rely on eyewitness testimony to prosecute or defend.

Many people think human memory works like recording and then playing back a video tape. This isn’t even close. We each only remember a small portion of our experiences from the start, and memories fade as time goes on. Studies have also shown that memories can change dramatically over time, and be heavily influenced by post-event information.

In fact, each time we remember something, we are actually only remembering the last time we thought of it rather than the original event. Each time a person’s brain retells the story, the story changes a little, and that is what the new memory becomes. Essentially, memory works a lot like the telephone game that you may have played as a kid.

The inherent problems of eyewitness testimony have long been recognized. In 1908 the famous psychologist Hugo Munsterberg wrote: “[I]n a thousand courts at a thousand places all over the world, witnesses everyday affirm by oath . . . mixtures of truth and untruth, combinations of memory and illusion, of knowledge and of suggestion, of experience and wrong conclusions.”

Those words are as true today as they were then. It is crucial for attorneys relying on eyewitness testimony – or contesting it – to be aware of the common reasons such testimony can be wrong. The experienced attorneys at Williams Elleby Howard & Easter, defend the veracity of reliable eyewitness testimony for their clients and aggressively question eyewitness testimony used against their clients.

Common Causes of Eyewitness Error

• Faulty perceptions. Before a person can even form a memory, they first need to perceive something by seeing, hearing, smelling, tasting, or feeling it. This can sometimes be problematic. The way people perceive things depends on their past experienced, biases, and expectations.

• The frailties of memory. Memories also fade over time, and as discussed above, can even become distorted. It is also much more difficult for people to form accurate memories of fast-moving events. Stress can also inhibit a person’s ability to form reliable memories.

• Post-event misinformation. Studies have shown that peoples’ memories can be shaped by information they learn later. For instance, a witness to an accident may originally not be sure which driver was at fault. If that witness is later exposed to information indicating that one of the drivers was drunk, they may suddenly ‘remember’ that driver was swerving erratically (even if they actually weren’t).

IF YOU HAVE A CASE INVOLVING EYEWITNESS TESTIMONY, CONTACT THE KENNESAW PERSONAL INJURY ATTORNEYS AT WILLIAMS ELLEBY

Eyewitness testimony is often a key part of a personal injury case. In some cases, there are multiple eyewitnesses who may not agree on exactly what they saw. Carefully examining the reliability of eyewitness testimony is important. If you would like more information about this issue or would like to discuss you case, contact Williams Elleby Howard & Easter at 833-LEGALGA to schedule a free consultation today.

New Law in Georgia Impacts Breweries

Georgia breweries injuries law

Georgia Governor Nathan Deal has signed into law new legislation that will expand the ability of breweries and distilleries in the state to sell distilled alcohol directly to customers. The current law is that it encourages brewery and distillery guests to drink ‘samples’ on-site, but prohibits them from taking any alcohol to-go. The change in law would allow guests to take alcohol to-go, and in doing so, it could help to curb alcohol-related traffic accidents and their resulting injuries.

Under current law, breweries and distilleries are prohibited from selling directly to customers that visit on-site. Instead, Georgia law requires producers of alcohol to sell to wholesalers, and then requires wholesalers to sell to retailers. To get around the current law, breweries and distilleries have long sold “tickets” that people taking a tour can exchange for samples.

The new law removes the restriction on direct sales, and in doing so ends the rigidly tiered producer-wholesaler-retailer system, and most likely spells the end of the somewhat onerous ticket-system as well. Breweries and distilleries that operated a restaurant on-site were already allowed to sell directly to customers, and so they will not be affected by the new law.

Potential Benefits for Patrons, Business, and the Public

Those in the beer and distillery business are welcoming the new bill as a way to boost the industry. While the industry is likely to benefit from this the new Senate Bill 85, the new legislation also has the potential to make roads safer for everyone. Essentially, the new law makes it less likely for patrons to over-consume and then drive home.

Under the current system, guests attending tours must buy a certain number of tickets that they can trade for drinks. They can sample the drinks on-site, but they can’t take anything with them. The new law would permit guests to buy drinks directly and to leave with containers of beer and distilled alcohol.

By allowing guests to take alcohol to-go, fewer people will feel the need to use all of their tickets consume samples on-site. Instead, guests can opt to take their remaining tickets’ worth of alcohol home to consumer later. By shifting excess consumption to the home, the law could decrease the number of intoxicated drivers on the road. Therefore, one other possible impact of the law is a decrease in traffic accidents and resulting injuries caused by drunk driving.

CONTACT THE PERSONAL INJURY ATTORNEYS AT Williams Elleby Howard & Easter FOR MORE INFORMATION

Hopefully this law will reduce the number of drunk driving accidents in Georgia. However, if you have been injured as the result of someone else’s reckless behavior on the road, you are entitled to fair compensation. The Kennesaw, Ga personal injury attorneys at Williams Elleby Howard & Easter are dedicated to serving the legal needs of Georgia residents.

We believe every citizen of Georgia has a right to be informed when it comes to the law, and urge every Georgian to drive safe. If you would like more information about this issue, contact Williams Elleby Howard & Easter today at 833-LEGALGA.

Vicarious Liability

vicarious liability responsible

Typically, a person is only liable for his or her own actions. It usually isn’t fair to hold one person responsible for the actions of someone else. But there is a big exception to this general rule: vicarious liability.

Vicarious liability is the theory that a superior can be held responsible for the actions of a subordinate that is acting in their control. In Georgia, people can be held vicariously liable for the actions of certain family members under the “family purpose doctrine.” Under the doctrine of respondent superior, employers can be held vicariously liable for the wrongful actions of their employees.

There are two big reasons that Georgia recognizes respondent superior. One is that employers benefit from the work-related actions of their employees. Because employers are enjoying the benefit of work-related actions, Georgia law suggests that they should bear the burden of risk for any harm that occurs as a result of those actions. Another reason is that Georgia law seeks to fully compensate victims for their harm. Employers typically have much bigger pockets than their employees. So it also makes sense for them to bear the financial cost of helping accident victims.

O.C.G.A. § 51-2-2

The basis of vicarious liability in Georgia is found in the Georgia Code Section 51-2-2, 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.”

Vicarious Liability and Auto Accidents

Vicarious liability, particularly under the doctrine of respondeat superior, occurs in a variety of circumstances. However, vicarious liability is invoked most commonly following auto accidents. The Court of Appeals of Georgia has defined the family purpose doctrine in this context by holding that “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.”

Employers, meanwhile, are generally liable for harm caused by employees that are driving a vehicle for work purposes. There are two elements of respondeat superior:

1. The employee must be acting in furtherance of the employer’s business; and
2. The employee must be acting within the scope of his job.

Therefore, employers are generally liable for accidents caused by employees that are driving in the “course and scope” of their job. However, Georgia courts have generally concluded that employers are not vicariously liable for accidents caused by employees driving to and from work.

Cases involving vicarious liability can be exceedingly complex. Whether an employee was acting in the course and scope of their job is often highly contested. In some cases, whether a person should even be considered an employee in the first place is an issue. An experienced personal injury attorney can help accident victims navigate these types of claims successfully and get them justice.

CONTACT THE KENNESAW PERSONAL INJURY ATTORNEYS AT Williams Elleby Howard & Easter FOR MORE INFORMATION

The personal injury attorneys at Williams Elleby Howard & Easter have experience handling vicarious liability claims in Atlanta and throughout the state of Georgia. If you have been injured in an accident and think vicarious liability might apply, Williams Elleby Howard & Easter can help you understand your legal rights and options, and vigorously work to get you the compensation you deserve. Call 833-LEGALGA to schedule a free consultation today.

Defective Road Design/Construction

defective road design construction

Defective Road Design/Construction

On March 30th, 2017, a bridge on Interstate 85 collapsed in Atlanta. The bridge was weakened by a massive fire that was started in the underpass by a group of homeless people. The highway has just recently reopened. The arsonists were arrested. Although this event has been blamed on the fire, the collapse also raises questions about the quality of the bridge itself. And in fact, a subsequent investigation found that hundreds of Georgia bridges are “structurally deficient.”

Although Georgia actually ranks quite well in road quality—according to U.S. News and World Report Georgia ranks 9th in road quality among all U.S. states—there are still numerous problems with road design and construction in the state. When auto accidents occur as a result of deficient design or construction, victims may be entitled to compensation from the construction company or the government.

Common Road Design/Construction Problems

Common problems with road design and construction in Georgia include:

  • Damaged, confusing, or missing signs;
  • Missing lane markers;
  • Lack of proper maintenance;
  • Trees or bushes that obstruct visibility;
  • Unsafe curves;
  • Poorly constructed guardrails, or absence of guardrails where some are needed;
  • Defective bridge design;
  • Road or bridge deterioration due to poor materials used;
  • Unfixed cracks or pot holes;
  • Sloped driving surface; and
  • Debris or trash left over after construction is complete.

Bringing a Personal Injury Case in Georgia

Defective road design or construction claims are tort claims in which the plaintiff must prove that the construction company or government body owed them a duty, negligently breached that duty, and that the harm was caused because of that negligence. Governments have a duty to keep roadways safe, and construction companies have a duty to build safe roads. When either negligently fails to fulfill their respective duties, and accidents occur as a result, victims have a right to sue.

To bring a claim against state or local governments, sovereign immunity must be overcome. Simply put, the doctrine of sovereign immunity holds that governments are immune from lawsuits. However, under the Georgia Tort Claims Act, the state of Georgia waived this immunity for personal injury lawsuits. Municipalities in Georgia have also waived this immunity. Counties, however, have generally not waived sovereign immunity. Therefore, if you get in an accident on a country road, you most likely will not be able to sue.

If you are planning to sue the government for defective road design or construction, it is imperative to have a qualified attorney fighting for you because there are all sorts of special procedural rules that have to be followed. Proving your case will also require extensive and well-documented evidence. The attorneys at Williams Elleby Howard & Easter, have experience handling these types of cases and are here to help.

Contact Williams Elleby Howard & Easter, to Discuss Your Case

If you would like more information about this issue or if you have been injured due to poor road design or construction, contact Williams Elleby Howard & Easter at 833-LEGALGA today to schedule a free consultation.

Driverless Cars

driverless cars accidents

Driverless Cars

The era of the driverless car is upon us and commutes from suburb cities like Kennesaw and Marietta to Atlanta will likely see some interesting changes. This technology could revolutionize the way we get around by removing the work of driving.  What’s more, this technology has the potential to greatly reduce accidents by taking out the human-error component. Benefits aside, driverless cars present some fascinating legal implications.

The law must grapple with the policy of permitting and licensing these cars. For the most part, the trend around the country is that states are increasingly receptive to allowing driverless cars on the road. There is also the question of fault in the event of an accident. At what point are errors by a driverless car the fault of the operator? In other words, when a driverless car does something wrong, is it the fault of the car manufacturer or the person sitting inside?

Driverless Car Legislation

Only five states have passed comprehensive driverless car legislation. However, dozens of other states are considering such legislation, and it is only a matter of time before driverless cars are regulated across the country by a patchwork of state laws. In Georgia, Senate Bill 54 is currently being considered. This bill states that driverless cars must:

  1. Have an easy mechanism to give the operator control at any time
  2. Clearly indicate when the vehicle is operating in autonomous mode
  3. Can alert the operator if a technology failure is detected while the vehicle is operating autonomously
  4. Be capable of being operated in compliance with the uniform rules of the road

Driverless Cars and Accident Law

In March, 2017, a news article reported that a self-driving car used by Uber got in an accident in Arizona. Driverless cars may operate with computer-precision, but the people on the road can be erratic. As the article reported, “How machines respond to those behaviors, and whether they also engage in them, is something engineers still have to sort out.”

Determining accident fault is also something that needs to be sorted out. In the Arizona accident, the Uber car was at fault when it was on autopilot. It is possible that accident claims like this are best made against the manufacturer and designer of a car, perhaps as a product liability claim. However, it is also the case that the people riding in these cars maintain the ultimate control and could still bear responsibility.  So what happens if you get in an accident in Georgia with a driverless car? It is uncharted territory, but if you find yourself in such an accident, you should contact an experienced personal injury attorney to figure out how to best proceed with your claim.

Assuming driverless cars decrease accidents, we should also expect insurance rates to plummet. An increase in driverless cars could also popularize no-fault insurance, in which an insurer pays without considering fault. These are just a few of the legal and policy issues that the use of driverless cars poses.

If you would like more information about the legal impact of driverless cars in Georgia, contact Williams Elleby Howard & Easter, at 833-LEGALGA today.