Where to Sue for an Out-of-State Accident?

Out-of-State Car Accident Personal Injury Wrongful Death Attorney Georgia

Georgia Truck Driver’s Rig Crashes in Florida Pileup

A Marietta man was involved in a six-vehicle truck accident on I-75 in Florida on Monday, August 1, according to ABC 10 News Tampa. The Georgia man, Jerry Davis, 63, was driving a semi truck southbound on the freeway when the accident occurred. A pickup truck on the southbound side of I-75 wove in and out of traffic, cutting off a different tractor-trailer. That vehicle changed lanes to avoid the pickup, and struck the back of a Honda Odyssey. Then, the trailer of the first semi struck the second semi that Davis was driving. This caused Davis’ truck to move into another lane, where it collided with a 2010 Buick.

Gallons of diesel fuel spilled onto the freeway, and the freeway was closed for the rest of the day while workers milled and swept away the asphalt to clean up the spill. No serious injuries were reported from the accident, but hundreds of drivers were delayed for hours in the traffic jam that resulted from the road closure. According to NBC News 8 Tampa, the northbound lanes of the freeway did not reopen until 1 am the morning following the tractor-trailer accident. Besides Davis, the other drivers involved in the accident were from Cedar Rapids, Iowa, and several cities in Florida.

Accident Victims Can Choose Where to Sue

If you are driving on an interstate freeway, chances are high that any car accident that occurs will involve drivers from multiple states. If you’re driving state to state, you could be in an accident far from Georgia. So what happens if you need to sue another driver? The victim of an accident can sue the defendant in a state court where the defendant lives, in the county where the wreck occurred under Georgia’s non-resident motorist act, or in federal court if complete diversity of citizenship exists among the parties.  If there are multiple people involved, the court will probably decide to hold the trial close to where the events that led to the lawsuit took place. If one of the people involved in the lawsuit believe that it’s impossible to get a fair trial in a particular location (perhaps because the events are too famous in that location so jurors have already formed an opinion of what happened), they can request to move the trial somewhere more neutral.

Davis Could Sue in Florida State or Federal Court

If you are the victim of an accident in another state, you need to consider all locations where suit may be filed.  In the Florida accident, Davis was the only Georgia resident, and several other people involved in the accident were from different locations in Florida. Also, the accident occurred in Florida, and most of the evidence and witnesses are probably still near Tampa. This means that Davis would have a hard time convincing a court to have the trial in Georgia. However, Davis may experience less bias against his case as an out-of-stater if he sued in federal court. The court would usually apply the substantive laws of Florida during the trial.

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If you or someone you know has been involved in a car accident, you need legal help fast. Get in touch with an experienced auto accident attorney at Williams Elleby Howard & Easter in Cobb County today to get the compensation you deserve.

Drivers Still Liable for Self-Driving Car Accidents

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Self-Driving Car Collides with Truck Trailer

Federal investigators found on Tuesday, July 26 that a Tesla Motors car that crashed in Florida was in self-driving mode and speeding at the time of the car accident, according to The Atlanta Journal-Constitution. Officials from the National Transit Safety Board are investigating the crash. The car collided with a tractor trailer in Williston, Florida, near Gainesville, on May 7. The tractor-trailer turned in front of the Tesla, which continued driving straight, so that the bottom edge of the 53-foot trailer sheared the roof from the Tesla as it traveled beneath the trailer and came out the other side. The driver was 40-year-old Joshua Brown from Canton, Ohio. According to The Guardian, the driver of the truck reported that Brown was watching Harry Potter on a DVD player in the vehicle, and that the movie was still playing after Brown’s car struck a telephone pole a quarter of a mile past the location of the tractor trailer collision.

Tesla Confused Tractor Trailer for a Clear Spring Day

The Tesla comes equipped with a self-driving system that automates highway driving. This equipment can control speed and lane changes using computer vision technology.

The automated driving system can negotiate slow traffic without driver input, and even avoid obstacles like highway wrecks. Although some Tesla owners have posted videos to YouTube in which they drive the car with their hands off the wheel, Tesla has discouraged the practice. Tesla founder Elon Musk says that this is the first self-driving accident for the Tesla, which means the technology has a lower accident rate than the average American driver. The company believes that the self-driving system was unable to distinguish between a bright spring sky and the white trailer on the truck, which prevented the system from attempting to stop automatically.

Law on Self-Driving Cars is Unsettled

Right now, there are no regulations in place to determine the standard behavior of fully autonomous driving systems. Because the technology is new, there is no specific law about how drivers should use the systems, either. However, drivers in Georgia must exercise reasonable caution when driving to prevent injury to others on the road. In the past, courts have placed the responsibility for turning off features like cruise control and taking direct control of the vehicle on the driver. If those features malfunction, though, the responsibility may be on the manufacturer of the vehicle.

Drivers May Be Liable for Accidents Despite Self-Driving Technology

Now that self-driving cars are on the highway, we’ll likely see more and more accidents that involve their use, and more lawsuits to determine who should bear the financial burden of those accidents. In an accident like the one in Florida, it seems that multiple problems lead to the collision. The company admits that the technology malfunctioned. But if the company warns drivers to remain alert and not to take their hands off the wheel while the self-driving system is active, they may avoid product liability in situations like this one. The driver also seems to have been distracted from the road, and may not have been watching when the truck turned in front of him. If he had injured someone and this kind of distraction had lead to the accident, he would be liable for negligence and have to pay damages.

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If you or someone you know has been involved in a car accident, you need legal help. Contact an auto accident attorney at Williams Elleby Howard & Easter in Cobb County today to get the compensation you deserve.

Shared Liability in Multiple Car Accidents

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Out-of-control Car Nearly Smashes into Cop

A drunk driving accident nearly injured a police officer in Buckhead on Sunday, July 24, according to The Atlanta Journal-Constitution. NBC 11 Alive Atlanta reports that the car accident occurred shortly before dawn Sunday morning. Police responding to a previous accident were blocking traffic on the southbound side of Ga. 400. A police officer had parked his car perpendicular to traffic and illuminated the cruiser’s emergency vehicle lighting. He was waiting for a HERO unit to respond to the original crash.

The driver, Abraham Martinez, drove his blue Audi at high speed into the rear end of a black Ford near the parked police cruiser. The collision was so powerful that it sent the black Ford careening across two lanes of traffic toward the police cruiser. The police officer was able to run toward the shoulder to avoid the black Ford. Police arrested Martinez for driving under the influence and took him to the city jail. Emergency responders transported the driver of the black Ford to a nearby hospital after he returned to consciousness. All of the vehicles at the scene sustained serious damage and required towing.

Drivers May Share Responsibility for Multiple Car Accidents

In some car accidents, multiple factors might contribute to injuries and property damage. In Georgia, drivers must exercise reasonable care in avoiding injury to other drivers or pedestrians. This includes following the rules of the road. If more than one driver shares fault in the accident, then each driver can be responsible for part of the damages in the accident. This is known as comparative negligence. In general, police officers are not responsible for accidents that occur because of normal police procedures. This is called sovereign immunity. However, if police fail to follow normal procedures, the officer and the government agency they represent may be liable for damages in an accident.

Drunk Drivers are Liable for Car Accident Damages

In an accident like the one in Buckhead, it’s clear that someone failed to exercise reasonable care in driving, leading to the accident. First of all, if a driver is speeding at the time of the accident, and the speeding causes the accident or makes the results of the accident worse, this can make that driver liable for damages. In the Buckhead accident, it appears that Abraham Martinez was traveling above the legal speed limit. If so, this probably contributed to the severity of the accident. Secondly, it appears that Martinez failed to keep a safe following distance from the vehicle in front of him. This is another violation of the rules of the road that indicates negligence on the part of the driver. But perhaps most obviously, a driver under the influence of alcohol or other mind-altering substances that hinder the individual’s ability to drive will be a strong indicator of negligence. If the driver’s blood alcohol content (BAC) was over the legal limit (.08), this is evidence of negligence on the part of that driver.

Traffic Cops May Be Partially Liable for Car Accident

However, it’s also possible that the other parties may have contributed to the accident. It’s possible, for example, that the driver of the black Ford was also exceeding the speed limit, which caused him to stop suddenly when he noticed the police cruiser. In this case, that driver may also be partly liable for the damages in the accident. Although the fact that the police cruiser was stopping traffic likely contributed to the accident, this will only make the officer and the law enforcement agency liable for damages if the officer was not following standard police procedure at the time.

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Car Hits Stab Victim on Freeway: Who’s at Fault?

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Car Runs Over Stab Victim on Marietta Freeway

A car struck a pedestrian on Marietta Highway Wednesday, July 27 who had already suffered several stab wounds before the collision, according to Patch.com. The car accident occurred in Roswell, Georgia, east of Coleman Road. The man was lying in the middle of the roadway when the driver of a black Acura struck him. First responders transported the man, 35-year-old Lawrence Cornelius Range, to a nearby hospital, where doctors discovered that he had suffered multiple stab wounds before the car hit him.

Auto-pedestrian Accidents Kill Thousands

Dozens of pedestrians die in car accidents in Georgia every year, according to a report by the Governors Highway Safety Association. In the first six months of 2014 alone, 50 pedestrians died after a car hit them; in the first six months of 2013, this number was even higher, at 75 pedestrians dead. The states with the highest overall totals of pedestrian deaths from car collisions are New York, California, Texas and Florida. But if you look at the number of pedestrian deaths each year per 100,000 population, Georgia is 1.7—higher than New York, and almost as high as Texas. Nationwide pedestrian fatalities fell during the first decade of the millennium, but in the last few years have risen to about the same levels as 15 years ago.

Drivers are Liable for Careless Injuries to Pedestrians

In Georgia, drivers are responsible for taking reasonable care not to injure other motorists or pedestrians while they are operating a motor vehicle. If a driver fails to follow the rules of the road and their violation of the traffic laws leads to an accident or injury, the driver can be liable for money damages in a negligence lawsuit. Even if the driver is only partly at fault, or if the pedestrian or other motorist they injure has violated the rules of the road, the driver can still be partly liable for the injuries that result. However, if the driver took reasonable care in driving and the accident still occurred, they are not liable for damages since they were not negligent.

Pedestrians Must Keep Off the Freeway

According to Section 40-6-96 of the Georgia Code, pedestrians should never walk or lie in the center of a lane of a freeway. Where sidewalks are available, pedestrians must use the sidewalks, and where sidewalks are not available but there is a shoulder, pedestrians must keep to the shoulder. When there is no shoulder or sidewalk, pedestrians may walk on the furthest right part of the furthest right lane. Therefore, a pedestrian walking in the middle of a lane of traffic would be negligent in a resulting car accident.

However, here the pedestrian had suffered injuries and was lying in the middle of the lane, perhaps unconscious or incapable of movement. If the driver who struck them was in violation of the rules of the road (for example, if she had failed to illuminate her headlamps, which caused her to strike the pedestrian), she could still be liable for negligence. But if she took all available precautions and still hit the pedestrian, she would not be liable. In that case, the person who injured the pedestrian and left him lying in the street may also be liable for any damages that occurred as a result of the collision.

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If you or someone you know has been involved in a car accident, you need legal advice. Get in touch with an experienced auto accident attorney at Williams Elleby Howard & Easter in Cobb County today to find out more about your options.

Bad Weather and Narrow Roads Increase Risks of Truck Accidents

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One Dead in Covington Dump Truck Accident

A truck accident in Covington left one dead after two dump trucks drove off a bridge, The Atlanta Journal-Constitution reports. The two trucks were operated by the same company, and the drivers were friends. The second truck driver, who was from New Jersey and unfamiliar with the area, was following the first truck driver to pick up asphalt.

Heavy Rain and Narrow Bridge Send Two Old Friends into Yellow River

The lead driver came to a stop before crossing the narrow bridge to make way for another truck coming the opposite direction, according to NBC 11-Alive Atlanta. The second truck collided with the first from behind, and both trucks went off the side of the bridge into the Yellow River near I-20. Officials believed that heavy rain may have contributed to the accident. The truck accident threw Neil Gayle, the second driver, from his vehicle, which landed on top of him in the river. First responders found his body when they moved the truck. The other driver was hospitalized, but did not suffer any life-threatening injuries.

Adverse Conditions Need Special Care from Truck Drivers

Accidents involving large trucks are more likely to lead to fatalities. Because trucks, especially trucks hauling heavy materials, have many times more mass than a normal passenger vehicle, they require much greater stopping distance to prevent collisions. Adverse conditions like heavy rain require even greater stopping distances in order to avoid accidents. The stopping distance for a large truck driving 60 miles per hour can be longer than a football field. When rain or ice causes slippery conditions, stopping distance doubles. Sudden stops, like those that arise from unexpected road and traffic conditions, can lead to fatal accidents when a large truck is behind you and can’t stop in time.

Careless Truckers Are Liable for Accidents

Georgia law requires drivers to take reasonable care to avoid causing injuries to others on the road. This includes following all of the rules of the road while driving. Because maintaining proper stopping distance is required by law, failing to do so can result in liability for negligence in a lawsuit. This means that drivers in slippery conditions have a duty to reduce their speed to allow time to stop if the need arises. If drivers don’t do so and an accident results, they may be liable for the injuries that result. If a driver is on-duty when the accident occurs, their employer may be liable for the damages. If the victim does not survive the accident, their family members may sue the company who employed the driver for wrongful death.

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If you or someone you know has been in a car accident, you will need legal help as soon as possible. Get in touch with an experienced truck accident attorney at Williams Elleby Howard & Easter in Cobb County and find out more about your options.

Cities May Be Liable for Bad Roads that Cause Accidents

Cities Liable for Damaged Roads and Personal Injury Accidents Georgia

Midtown Neighborhood Gets Improved Pedestrian, Cyclist Safety

Atlanta just approved a plan for a new bike and pedestrian corridor, The Atlanta Journal-Constitution reports. The project to prevent car accidents would widen sidewalks and improve intersections in the Midtown neighborhood. The changes would affect Juniper and Spring streets between Ponce de Leon Avenue and 14th Street. Intersections will get new crosswalk signals, repainted crosswalks and anti-skid surfacing.

Cyclist Deaths on the Rise

Juniper Street will also receive a barrier-separated bike lane, The number of lanes on the street will be reduced from four to two. Many of these improvements are intended to improve safety for cyclists. They need all the help they can get: according to the National Highway Transit Safety Administration, over 700 cyclists died in car accidents in 2013, and over 48,000 were injured. Bicycle fatalities increased every year from 2011-2013.

Savannah Cyclist Survivors Sue City over Road Conditions

If dangerous road conditions lead to a bicycle accident, who is responsible? It may be the city. A cyclist’s family sued the city of Savannah last month after dangerous road conditions lead to an accident that killed the cyclist. Her bicycle hit a crack in the road that caused her to fall off of her bicycle onto the road, where she was run over by a dump truck, WSAV Savannah reports. The driver was following the rules of the road, and did not face any criminal charges.

Cities Might Be Liable for Bad Roads

In Georgia, the law requires government entities to exercise reasonable care to prevent injury. However, they are immune from liability as long as they are fulfilling their duties as described by the law. However, Georgia courts have previously held that a government agency may be held liable if they fail to carry out their duties as described by law. Specifically, if a state agency fails to maintain roads to specifications in the Georgia Code, they may be liable for damages in a negligence lawsuit. This means that in some cases, the city or state may have to pay damages for an accident caused by poor road conditions if they failed to maintain the roads as the state law requires.

The Georgia Code provides a specific immunity for state and city governments against lawsuits that seek to hold the government liable for road designs that lead to car accidents. For the government to benefit from this immunity, they need to prove that the road was designed according to generally-accepted engineering principles. If they fail to do so, they might be liable for a road redesign that leads to accidents.

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If you or someone you know has been in a car, bicycle or pedestrian accident, you need legal advice. Get in touch with a car accident attorney at Williams Elleby Howard & Easter today and get the compensation you deserve.

Pokemon Go May Lead to Negligence Lawsuits

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Cobb County Cops on Lookout for Pokemon Go Players

Law enforcement agencies in Cobb County are on the lookout for people playing Pokemon Go, the new mobile game sensation, according to The Atlanta Journal-Constitution. The game requires players to travel to specific locations in order to collect Pokemon characters, which appear on their mobile device. They are watching for distracted drivers or pedestrians walking in the street. Police in Marietta have increased their patrols in response to safety concerns surrounding the game.

Mobile Game Causes Accidents

The game has already caused some problems in the area. CBS 46 News reports that a local man damaged a light pole while climbing it in pursuit of a virtual Pokemon character. The man did not suffer any personal injuries. The man was in Marietta Square during a Pokemon Go special event, along with several hundred others. In other parts of the country, the game has led to even more dangerous situations. Two men in Encinitas, California nearly died after falling off a cliff in pursuit of the virtual creatures. Last week, a man in Auburn caused an auto accident when he crashed his car into a tree while playing the game, according to USA Today.

Distracted Driving Leads to 1 in 5 Car Accidents

Any activity that requires you to use your phone can lead to distraction, and distraction leads to accidents. According to the National Safety Council, cell phone use is involved in about 26% of all car accidents in 2014. Research indicates that texting and talking are both equally distracting to drivers. According to the National Safety Council, cell phone use that leads to car accidents is probably underreported. Research from the National Highway Transit Safety Administration shows that common situations leading to auto-pedestrian accidents include distracted pedestrians and ones who enter traffic suddenly or against the light.

Georgia Law Holds Distracted Drivers Liable

The law in Georgia requires drivers to take reasonable care to prevent injury to others. If a driver is texting or using a mobile application on their phone that causes them to be distracted, they may be liable for negligence if an accident results. Even if the other person is partially at fault, the driver may be partly liable for injuries if the driver was distracted and failed to follow the rules of the road. For example, even if a pedestrian crosses against the light, a driver who is not paying attention because of their phone and hits the pedestrian may be liable for negligence.

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If you or someone you love has been injured in a car accident, you will need legal advice immediately. Call an experienced car accident attorney at Williams Elleby Howard & Easter in Cobb County today and find out more about your options.

Marietta Woman Runs Over 2-Year-Old Girl

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Infant Dies From Injuries

A two-year-old girl died in a car accident Tuesday, July 19 when a local woman backed over her, NBC 11 Alive Atlanta reports. The accident occurred at the 2700 block of Greencastle way in Marietta. The driver, a 57-year-old local resident, was exiting her driveway in her SUV when she struck the child, who suffered severe injuries. The child died after she was airlifted to Children’s Healthcare of Atlanta at Scottish Rite hospital. Police are investigating the auto-pedestrian accident, but they do not expect to file charges, according to WTVM Columbus.

Children Are At-Risk in Car Accidents

The Insurance Institute for Highway Safety says that most accident fatalities occur among children riding in cars without proper restraints. Using a car seat to restrain your child aged 3 or younger reduces the risk of death in a car accident by about 75%. The CDC states that using a booster seat for kids under 8 reduces the risk of death by almost half. About 20% of child passenger fatalities involve drunk driving.

Avoid Accidents with Kids

Kids are also likely victims of auto-pedestrian accidents. Research from the National Highway Transit Safety Administration estimates that of 69,000 pedestrians killed by cars in 2011, about 11,000 of them were age 14 or younger. Common situations leading to auto-pedestrian accidents include:

  • Pedestrian steps off the curb mid-block. Parked cars can block drivers from seeing the pedestrian until they’re already in the road, and it’s too late to stop.
  • Vehicle turns into a cross-walk. The corners of buildings, trees, or parked cars keep drivers from seeing around corners. If they take the turn quickly, they may not have time to avoid pedestrians on the crosswalk.
  • Pedestrian is walking or jogging along the road. Some joggers may take to the street to avoid other pedestrians, or where no sidewalk is available. Drivers may not expect pedestrians on the side of the road.
  • Driver backs out of a parking spot. As in the tragic death in Marietta, drivers reversing out of parking spots or driveways may have limited visibility behind them, and pedestrians may not be aware they are backing out.
  • Distracted motorist or pedestrian. Drivers making phone calls, texting, or having conversations may not pay close attention to the road. Likewise, pedestrians wearing headphones or reading a map may step into traffic unaware.
  • Pedestrian exiting bus. School buses and other passenger buses may let pedestrians off in the middle of the block, and passengers may cross in front of the bus, where vehicles passing the bus can’t see them.
  • Pedestrian crosses against the signal. Cars approaching an intersection may be driving too quickly to slow down for a pedestrian who crosses against the light without warning.

Auto-pedestrian Accidents and Negligence

In Georgia, the law requires drivers to take reasonable care to avoid injuring others while driving. Failing to follow the rules of the road can make a driver liable for negligence. Driving while texting or engaging in other distracting activities can lead to an accident, and the driver may be responsible for damages. Failing to follow the rules of the road, such as obeying school bus stop signs or coming to a complete stop at a red light, can also lead to liability for negligence. Even if the pedestrian also contributed to the accident jaywalking or jogging in the road, the driver may still be liable if they also failed to take reasonable precautions.

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If you or someone you know has been involved in a car accident, you need legal help. Contact an experienced car accident attorney at Williams Elleby Howard & Easter today to get the compensation you deserve.

Wrongful Death in Collisions Between Cars and Large Trucks

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Marietta Tractor Trailer Accident Kills SUV Driver

A tractor trailer accident in Marietta killed one person on Saturday, July 9, according to NBC 11 Alive Atlanta. The accident occurred on I-75 near I-285. A Rav4 SUV made several unpredictable lane changes before colliding with a tractor trailer on the southbound side of the freeway. The Rav4 then rolled over a number of times before the driver, who was not wearing a seatbelt, flew from the vehicle. She was taken to Wellstar Kennesaw Hospital and pronounced dead. The Marietta Daily Journal reports that no charges have been filed in relation to the accident.

Most Deaths in Truck Accidents Are Car Occupants

According to the Insurance Institute for Highway Safety, most deaths in car accidents involving large trucks are not truck drivers but the drivers and passengers of small vehicles. In 2014, 3660 Americans died in accidents involving large trucks; 68% of these fatalities were in cars and other passenger vehicles, and only 16% were large truck drivers. If we only look at crashes between two vehicles, the numbers get even more stark: In two car accidents between large trucks and passenger vehicles, 97% of fatalities were the occupants of the passenger vehicle. Over the last 40 years, the number of deaths from these accidents has declined, but the rate of deaths of passenger vehicles has declined more slowly.

Georgia Law Holds Drivers Responsible for Wrongful Death

If someone dies in an accident in Georgia, their surviving relatives can sue the party at fault for wrongful death. In a wrongful death case, the survivor must prove that the other party failed to take reasonable care to prevent injury to the victim. Even if the deceased victim was partially at fault, the survivors can recover part of the damages if they can prove that the other party failed to take proper precautions, such as following the rules of the road.  Of course, the deceased victim cannot recover if he or she was 50% or more at fault for the tractor-trailer wreck.  The Georgia Commercial Motor Vehicle Traffic Code & Safety Rules is an example of the standards a driver needs to uphold.

Truck Drivers Have to Follow the Rules of the Road

Anyone involved in a car accident with a large truck faces tough odds of survival. If the driver of the car dies, his or her family can attempt to recover damages from the truck driver and the company who employs them. If the truck driver failed to follow the rules of the road or trucking regulations (state or federal), the surviving family members can argue that the driver was negligent and should be held responsible for damages. For example, under the Georgia Commercial Motor Vehicle Traffic Code & Safety Rules, vehicles cannot be more than 8’ 6” in width, and trailers cannot be more than 53’ long. If the large truck exceeded these limits and the size of the vehicle contributed to the accident, the survivors may recover under wrongful death.

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If you or someone you know has been in an accident with a large truck, you need legal help fast. Contact a car accident attorney at Williams Elleby Howard & Easter for the advice you need.

Using an App While Driving is Dangerous

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Accident Victims Sue Snapchat

Using an app while driving is dangerous. Accident victims all over the country are suing social media app creator Snapchat, according to Inside Counsel Magazine. Some of them allege that a particular feature of the application, known as the Speed Filter, is distracting drivers and causing accidents. The Speed Filter measures the speed that the user is traveling and superimposes the speed over a photograph taken with the app. The lawsuits argue that this encourages users to look at the phone, rather than the road, while driving at high speeds, according to The New York Times.

Georgia Snapchat Accident Lawsuit

One of the lawsuits involves an accident near Hampton, Georgia. The accident occurred last year, when an 18-year-old woman crashed her car into another driver who was moving into the lane ahead of them. The accident lawsuit alleges that the driver, Christal McGee, was using the Speed Filter feature of Snapchat during the accident. Accident reconstruction indicated that McGee was driving about 107 miles per hour. The occupant of the car she hit suffered severe spinal injuries. He is suing McGee and Snapchat.

Texting and Driving is Negligent Driving

In Georgia, victims of car accidents can sue the driver at fault for negligence. In a negligence lawsuit, the victim must prove that the other driver failed to take reasonable care to avoid injury to other drivers on the road. This means following all the rules of the road, including speed limits. Texting while driving is illegal in Georgia, but there is no rule specific to use of other smart phone applications. However, any failure to pay attention to surroundings may be negligence, if a reasonable person would have kept their eyes on the road. Even if the victim is less than 50% at fault, they can still recover an award if the other party was also negligent.

Smart Phones May Cause Accidents

If a victim of a car accident believes that the other party was distracted by a phone application before or during the accident, they may be able to succeed in a negligence lawsuit. They would need to prove that the other driver wasn’t taking reasonable precautions to ensure the safety of those around them, perhaps because the phone application distracted them. In a case like the one involving McGee, the victim can argue that driving over the speed limit caused the accident.  The extreme speed of the McGee case may authorize the award of punitive damages.  If the other driver was texting, and the distraction caused the accident, this could also prove negligence. For example, if using the application required McGee to look away from the road for longer than a reasonable person would, especially while moving at a high speed, and this caused her to collide with the other car, the victim could prove that she was negligent and recover money damages.

Get Compensated for Your Injuries

If you or someone you love has been in a car accident, you need legal advice. Contact a car accident attorney at Williams Elleby Howard & Easter to get the compensation you deserve by calling 833-LEGALGA (534-2542) to schedule a free no-risk consultation.