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 

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, today. The experienced and qualified personal injury attorneys at Williams Elleby, 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, 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 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 today by calling 833-LEGALGA (833-534-2542).

What Does “Total Loss” Mean Following an Accident

total loss car accident

After a serious auto accident, figuring out how to deal with a heavily damaged vehicle is not always a simple matter. In some cases, a car may be so damaged that it is not possible or feasible to have it repaired. When a vehicle is considered a “total loss,” an insurance company will not typically pay to repair it. Instead, the insurance company will pay the owner for the value of the vehicle, or in some cases, replace the vehicle with a comparable one. 

Dealing with insurance companies can be frustrating and stressful, especially if you do not understand the law. The experienced personal injury attorneys at Williams Elleby, help accident victims who have suffered a personal injury with all aspects of their auto accident claims. If you would like to discuss your case, contact Williams Elleby, today by calling 833-LEGALGA. 

Total Loss Insurance Claims in Georgia 

A vehicle is considered “totaled” if the cost of repairs is greater than the value that the vehicle would have after repairs. However, many insurance companies consider not only whether a vehicle is totaled, but also whether it is a “total loss.” Generally, a vehicle is considered a total loss if the cost of repairs plus the salvage value of the vehicle is greater than the value the vehicle would have after repairs. This is commonly referred to as the total loss formula. 

Cost of Repairs > Value of Repaired Vehicle = Totaled 

Cost of Repairs + Salvage Value > Value of Repaired Vehicle = Total Loss 

Some states also have laws that create a total loss threshold, which dictate when an insurance company may consider a vehicle a total loss. Most states that have laws like these hold that an insurance company may only consider a vehicle a total loss if the cost of repairs is 75-80% of the value of the repaired vehicle. However, Georgia does not have statutory or regulatory total loss threshold. Insurance companies are free to make this determination on their own based their own total loss thresholds or the total loss formula. Therefore, whether a vehicle is considered a total loss following an accident depends not just on the extent of the damage, but also on the insurance company. 

Total loss vehicle claims are governed by the Title 120 Chapter 2 Section 52.06 of the Official Code of Georgia. Under this law, “if the insurer determines the insured vehicle to be a total loss, and the insurance policy provides for the adjustment and settlement of first party vehicle claims on the basis of actual cash value or replacement, the insurer may elect to pay a cash equivalent settlement or replace the insured vehicle.” 

What Do I Do if the Insurance Company Says My Vehicle is a Total Loss 

If you have been in an accident and your insurance company has declared that your vehicle is a total loss, you should be prepared for the fact that you will only receive the fair market value of the vehicle. Georgia states that the fair market value is whatever it would cost “to purchase a comparable automobile by the same manufacturer, same model year, with similar body style, similar options and mileage, including all applicable taxes, license fees and other fees incident to the transfer of ownership of a comparable automobile.” By law, insurance companies are able to come up with this cost by simply finding comparable vehicles in the area that are for sale, or by consulting with the Kelley Blue Book (or a similar accepted source) valuation for a vehicle. 

Insurance companies also have the option of providing an insured with a comparable replacement vehicle. The law states that “the insurer may elect to replace the insured vehicle, including all applicable taxes, license fees, and other fees necessary to transfer ownership.” However, an insured is under no obligation to accept an offered replacement vehicle. If a replacement vehicle is rejected, the insured gets the cash value. 

For More Information, Contact Williams Elleby, Today 

Williams Elleby, is dedicated to helping accident victims get the compensation they deserve. The personal injury attorneys at Williams Elleby, understand how stressful motor vehicle accidents can be for victims and their families. That is why they work hard to provide thorough, compassionate, and effective service to each of their clients. If you have been in an accident and would like to discuss your case, contact Williams Elleby, 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, 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, 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, today at 833-LEGALGA.

Fatal Accidents on the Rise in Georgia 

fatal accident rise Georgia

Driving a vehicle is an everyday activity for most of us. It can often feel like a mundane task. However, it is important to always remember that driving is an inherently dangerous activity that causes millions of injuries and thousands of deaths each year in the United States. This is especially true for those of us in Georgia, where there has unfortunately been an increase in fatal accidents in recent years. 

After trending downward for a decade, the number of fatalities on Georgia highways spiked in 2015, from 1,170 to 1,432. The number increased again in 2016, all the way up to 1,561. In 2017 the number remained about the same as the year previous, with the official number of roadway fatalities being reported as 1550. As WMAZ News recently reported, this amounts to about four motor vehicle accident deaths per day in the State of Georgia. 

Common Causes of Fatal Accidents in Georgia 

There are three major causes of fatal accidents: distracted driving, impaired driving, and speeding. These days, the prime cause of distracted driving is the cellular phone. Texting while driving, or otherwise using a handheld device, is extremely dangerous because it creates both a visual and a cognitive distraction for the driver. It has been reported that text-messaging drivers are eight times more likely to be in an accident, and that drivers distracted in any type of way are four times more likely to be in an accident. Georgia drivers should also remember that it is illegal to text and drive at the same time. 

When most of us think of impaired driving, we think of DUI. And indeed, DUI creates an unacceptable risk that should not be tolerated. However, another form of impairment that causes a substantial number of accidents each year is sleepy or drowsy driving. There are obviously few things more dangerous than falling asleep at the wheel, but even when drowsy drivers manage to stay awake, an accident is more likely to occur because fatigue significantly hinders reaction time. 

Speeding also presents a major risk. Many accidents are caused because drivers are traveling too fast to take a turn or to change lanes when necessary. In other cases, drivers have been traveling at the speed limit, but were going too fast for the weather or traffic conditions. Less frequent, but still sometimes a problem, are drivers that go too slow on highways. Under Georgia’s “slow poke” law, “No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic.” 

According to the Georgia Department of Transportation, 74% of roadway fatalities can be attributed to distracted driving, impaired driving or driving too fast for conditions. Other causes of fatal accidents include violating rules of the road, pedestrian or cyclist negligence, unsafe road conditions, and vehicle malfunctions. 

In more than half of fatal accidents in Georgia in 2017, the victims were not wearing their seatbelts. This is a striking statistic when considering that seat belt usage hovers around 90%. According to the National Highway Transportation Safety Administration, seat belts save roughly 14,000 lives every year. 

Drive Alert, Arrive Alive 

In response to the alarming increase in fatalities, the Georgia Department of Transportation, in partnership with the Georgia Governor’s Office of Highway Safety, launched the “DriveAlert ArriveAlive” campaign. The goal of the campaign is to reduce accidents “by educating drivers about simple changes they can make in their driving behavior to prevent crashes, improve safety and save lives.” The campaign has three core messages for drivers: 

  1. Buckle up; 
  2. Stay off the phone and mobile devices; and 
  3. Drive alert. 

Who is the Best Attorney for Fatal Car Accidents in Georgia? 

The decision on which attorney to hire for a fatal Georgia car wreck can be difficult.  First, you want someone who has the experience required to handle such a complicated case.  You also need to make sure the attorney you hire is not overworked and can devote his or herself to your case.  Consider interviewing several firms or lawyers before making your decision so you can feel confident that you are hiring the best lawyer for your case. 

Williams | Elleby Helps Victims Get the Compensation They Deserve 

All drivers have a duty to operate their vehicles with reasonable care and follow the rules of the road. This duty is extremely important because serious traffic accidents can place an enormous burden on personal injury victims and family members. The experienced legal team at Williams | Elleby, is dedicated to ensuring that accident victims get the compensation they deserve. If you or a loved one has been in an accident, it is important to understand your legal rights and options. 

Georgia is a “fault” state when it comes to auto accident liability. This means that if a party is responsible for causing an accident, they have an obligation to compensate any victims of harm. The attorneys at Williams | Elleby, work hard to provide knowledgeable, accessible, and effective service to each of its personal injury clients, with the goal of maximizing compensation. If you would like to consult with one of the attorneys at Williams | Elleby, call 833-LEGALGA to schedule a free meeting.

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, 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, 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, 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, today by calling 833-LEGALGA.

Why Is It Important To Hire A Local Attorney For Your Acworth Car Accident Case?

local attorney car accident case

There are a number of reasons that personal injury victims should hire a local attorney to help them prosecute their case. A local attorney will fully understand the law and procedures of the jurisdiction where the accident occurred and where the claim will be filed, will have local connections that can help the victim develop their case, and generally local attorneys are far more accessible to their clients.

The car accident attorneys of Williams Elleby serve Acworth, GA and help personal injury victims, including those hurt in car accidents, get the compensation they deserve. If you’ve been injured in a car accident in Acworth, Georgia, contact the local law firm of Williams Elleby, today to schedule a free consultation by calling 833-LEGALGA.

You Need an Attorney That Understands the Local Rules and Procedures

Many people, even many attorneys, underestimate how different the rules and procedures of various jurisdictions can be. Many courts have local rules that must be followed. Moreover, many courts have customs that may not even be written down anywhere. Common practices in some courtrooms could be cause for sanction in others. The traditional way of doing things before one judge might be considered a procedural error before another. Even the best attorney in the world will not know exactly how things are done in a particular courtroom until they’ve practiced there. The attorneys at Williams Elleby, have deep knowledge of Georgia law and have extensive experience practicing in Georgia courtrooms.

Local Connections Can Give Claimants a Big Advantage

You need an attorney that has good relationships with the local judges and court staff. If your attorney has a reputation for being professional and courteous, you can be sure that he or she will be treated with respect and courtesy in return. The attorneys at Williams Elleby, have built an exemplary reputation as professional, ethical, and effective litigators in both federal and state courts throughout Georgia.
It also helps to be represented by a law firm that has connections to expert witnesses and consultants that can help you build your case. Williams Elleby, has deep roots in Georgia and excellent relationships with local medical, occupational, forensic, and insurance professionals. Having these connections helps clients of the firm get the treatment, expertise, and evidence that they need to get the compensation they deserve.

A Local Attorney is More Accessible

Generally, attorneys that live and work near their clients are more accessible to them. All attorneys in Georgia have an ethical duty to have reasonable communication with clients, and out-of-state attorneys are governed by similar rules. But when an attorney is miles away, it isn’t easy for the attorney or the client to arrange face-to-face meetings.

The Acworth, GA Car Accident Attorneys at Williams Elleby strives to maintain a close relationship with clients. Williams Elleby, personal injury attorneys work hard to provide prompt communication and to do whatever they can to make sure their clients know they are being taken care of. As part of the Cobb County community, the car accident attorneys and staff at Williams Elleby, care about their clients not only professionally but also as neighbors.

CALL WILLIAMS | ELLEBY, TO HANDLE YOUR ACWORTH CAR ACCIDENT CASE!

If you have been in a car accident in Acworth, Georgia, Williams Elleby, is here to help. You can find us just off I-75 between Wade Green and Chastain Road exits at 3900 Frey Road, Suite 104, Kennesaw, Ga 30144. Our attorneys offer free case evaluations in which we can help you understand your legal rights and options. We can investigate the facts of your case and break down the law for you so that you can make an educated decision about what to do. If you have a viable claim, we can help you collect and preserve the evidence you will need, negotiate with the opposing party or insurance company, and work to develop your legal arguments. When necessary, the attorneys at Williams Elleby, aggressively represent their clients’ interests at trial.

Williams Elleby, accepts cases on a contingency fee basis. This means our clients don’t pay a dime in attorney’s fees unless and until they have won their case. If you would like to discuss your case, call us today to schedule your free consultation at 833-LEGALGA and let us get to work for you.

Atlanta Driver Killed After Tire Flies Off Truck

freak accident kills Atlanta driver

A driver was killed in metro Atlanta on October 19th, 2017, in what has been described as a freak accident. According to AJC.com, Sandy Springs Police Sergeant Sam Worsham stated, “A truck traveling north on Ga 400 at Pitts Road lost a wheel and tire . . . The wheel went over the wall and struck a vehicle south on Ga. 400.”

The victim was a 40-year old Alpharetta woman. The owner of the truck expressed remorse for what happened and could not offer any explanation. He told a reporter “I was on the way to my job . . . “I’m not drunk. I’m not driving fast. It was like a normal (day) trying to get to my job.” The accident created a massive back-up on both sides of the highway.

A Seemingly Preventable Tragedy

Shortly after the accident, it was reported that “investigators determined the wheel came off of the truck due to a mechanical failure.” If true, this would indicate that the accident was entirely preventable. While it is still too early to know exactly what went wrong, the “mechanical failure” could have been due to a mistake by a mechanic that worked on the truck.

Another possibility is that there was some defect with the tire, wheel, or truck, in which case the tire manufacturer, wheel manufacturer, or truck manufacturer may bear some responsibility. It also could be that the driver caused or should have been aware of the problem before the tire flew off.

And it is also entirely possible that this wreck was caused by poor maintenance. Williams Elleby currently represents a nice lady who was injured due to a tire falling off a tractor-trailer. In that case, poor maintenance led to the crash.

Determining fault in car accidents is important not only because doing so holds wrongful parties accountable, but also because it ensures that victims of an accident are able to get the compensation that they deserve. This is why it is so important that auto accidents are thoroughly and carefully investigated. Williams Elleby, believes that every accident victim deserves to know the truth.

Williams Elleby, Helps Accident Victims Get Justice

Whenever tragedies occur, it is important to figure out what happened and make sure that victims and their families are properly taken care of. Williams Elleby, is dedicated to thoroughly investigating the cause of accidents and vigorously representing victims when they bring personal injury or wrongful death claims. Helping personal injury victims get the compensation they deserve is our top concern.

If you or a loved one has suffered a personal injury and you think it could have been due to the wrongful conduct of someone else, it is imperative that you are aware of your legal rights and options. Williams Elleby, serves clients throughout the State of Georgia, including Acworth and Kennesaw,  offers free consultations, and only accepts a fee from a personal injury client when they win their case. To discuss your case, contact Williams Elleby, by calling 833-LEGALGA today.

Children Struck By Vehicle in Hahira

children accident hit struck vehicle

Two children were reportedly hit by a pick-up truck while walking to school in Hahira, Georgia, on the morning of October 19, 2017. The children, a brother and a sister, ages 12 and 11, respectively, were transported by a Life Flight helicopter to South Georgia Medical Center in Valdosta. The sister was then airlifted to a hospital in Tallahassee with serious injuries. The accident is still being investigated, but the Georgia State Patrol has indicated that speed was not a factor and no criminal charges are expected in the case.

Pedestrian Accidents in Georgia

Pedestrians and vehicle drivers each have a duty to act with reasonable care. When either pedestrians or drivers violate a Georgia Rule of the Road, they are presumed to have breached this duty. Driver negligence is a common cause of pedestrian accidents, and includes things like:

• Speeding;
• Texting or engaging in other distracting activities while driving;
• Failing to yield when a pedestrian is using a crosswalk;
• Running a stop light or stop sign;
• Failing to use a turn signal; and
• DWI/DUI.

However, accidents are frequently caused by pedestrian negligence as well. Pedestrians should be aware of the Georgia traffic rules governing pedestrians. Parents and guardians should make sure children understand these rules before letting them walk along roadways.

Many people erroneously believe that pedestrians always have the right of way. But in most scenarios pedestrians only have the right of way when they are using a crosswalk. When pedestrians cross a roadway at any other place, they normally have a duty to yield to vehicles. There are a few exceptions to this rule that involve situations where no crosswalk is available. This does not, of course, mean that a driver has no duty to avoid hitting a pedestrian that crosses a road at a point other than a crosswalk, but it does mean that if an accident occurs the pedestrian will be presumed negligent.

Another important provision is found in §40-6-91(b) of the Official Code of Georgia. This law states that “no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield.” Pedestrians should also generally avoid walking along a roadway when there is a sidewalk provided, and should not walk upon a roadway when they are intoxicated.

If You or a Loved One Has Been Injured in a Pedestrian Accident, Contact Williams Elleby, to Discuss Your Case Today

Pedestrian accidents can cause devastating harm. If you or a loved one has been injured due the negligence of someone else, it is imperative that you are aware of your legal rights and options. Victims of personal injuries caused by someone else’s wrongful conduct deserve compensation. These cases can be complicated, and winning claims often requires qualified legal assistance.

The experienced Kennesaw Car Accident Attorneys at Williams Elleby, understand pedestrian accident law and are dedicated to getting accident victims the compensation they deserve. When insurance companies do not treat pedestrians fairly, our attorneys are ready and able to take the case to trial just as we did earlier this year in Newton County where we secured a $366,000.00 verdict for our client:

Car Accident Attorneys Kennesaw, GA

Williams Elleby, is located in Kennesaw, Georgia, and serves clients throughout the state. To discuss your case, call 833-LEGALGA today.

Concussion Related Injuries

concussion injury attorney accident

A concussion is a type of serious traumatic brain injury (TBI) caused when someone suffers a blow to the head. Repeated head traumas can worsen a TBI significantly. According to the CDC, millions of people are hospitalized each year with TBI, and around 150 people die in the United States every day due to TBI related injuries. This means that TBIs accounts for about a third of all injury deaths in the United States.

Auto accidents, falls, physical assaults, and sports-related head trauma are some of the most common causes of concussions. In many instances, concussions occur that were entirely preventable. When anyone in Georgia suffers a TBI because of another person’s negligence or other wrongful conduct, the victim is entitled to compensation for their harm.

If you or a loved one has suffered a concussion or similar injury due to the negligent or otherwise wrongful conduct of someone else, it is important that you be aware of your legal rights and options. Concussions and other brain injuries can have a severe and lasting impact on a person’s life. Williams Elleby, is dedicated to getting brain injury victims the compensation they deserve. If you would like to discuss your case, call Williams Elleby, at 833-LEGALGA today.

Compensation for Concussion Related Injuries

Georgia law categorizes damages into two categories: special damages and general damages. Special damages compensate a person for their economic loss, such as their medical expenses and lost wages. General damages compensate for non-economic losses, such as pain and suffering or emotional distress.

Both special and general damages are available to concussion victims in tort cases. However, unlike most other types of injuries, the harm a concussion victim suffers is often not readily apparent to others. Concussions can cause short and long-term psychological and emotional problems that other people can’t see. TBIs can cause memory problems, trouble focusing, anxiety, mood changes, and trouble sleeping. These issues can also have lasting effects on a person’s family and community.

In order to get compensation for this type of harm, victims need detailed and thorough medical evidence and testimony from expert witnesses explaining to the court the extent of the harm. In some cases, testimony from friends, family, and colleagues can be useful as well. The personal injury attorneys at Williams Elleby, have experience handling these types of cases and know what evidence is required. If you have suffered a TBI and you have a viable claim against the responsible party, they can help you gather the evidence you need and build your legal case.Ultimately, Williams Elleby, is dedicated to helping each of their clients get justice and maximize their compensation.

For More Information, Contact Williams Elleby, Today

Personal injury cases can be complex. This is especially true when the plaintiff has a TBI. If you have suffered a TBI, you need qualified and experienced legal counsel on your side. Call Williams Elleby, to schedule your free consultation today at 833-LEGALGA today.