Category: Car Accidents

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.

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.

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.