Two Dead in Meadview Crash

safe driving tips crash

KILLED IN CAR CRASH WHILE ON ROAD TRIP

On August 30th, 2017, a Georgia couple was tragically killed in a car crash while on a trip in Arizona. The couple was Karen and Charles Foxworth of Conyers, Georgia. According to a spokesperson from the local Mohave County Sheriff’s Office, the couple was traveling in the eastbound lane when the driver, Karen Foxworth, lost control going around a curve and entered the westbound lane, colliding head-on with a semi-tractor.

Sadly, Mr. and Mrs. Foxworth both died at the scene of the accident. The couple’s two adult children were also in the car at the time. They survived thanks to assistance from off-duty medical personnel and were taken to a Las Vegas hospital for treatment. The cause of the accident is currently under investigation.

SAFE DRIVING TIPS

Driving can be a dangerous activity, even when drivers do everything right. But tragedies like this recent car crash are often preventable. Here are some things to always keep in mind when you get behind the wheel:

• Practice patience. Traffic and poor drivers can be frustrating, but it is important to be patient when you are driving. Defensive driving is one of the most important thing drivers can do to avoid auto accidents.

• Don’t speed. Most of us go a couple miles-per-hour over the speed limit from time to time, but speeding is a terrible habit. Not only does speeding raise the chances of an accident occurring, but if you are speeding it can create a presumption that you were at fault if an accident does occur.

• Avoid driving when fatigued. Everyone knows that driving while intoxicated poses a huge risk, but many fail to also understand that driving while fatigued can be dangerous as well. The National Highway Traffic Safety Administration estimates that tens of thousands of accidents are caused by drowsy driving each year.

• Always pay attention. Because driving is part of our daily lives, it can be easy to forget that it is a life-and-death activity. Always stay focused. When people use their cell phones to text, check email, or go online while driving, they put themselves and everyone else on the road at risk. Moreover, texting or reading messages from the Internet on a phone while driving is against the law in Georgia.

• Watch blind spots. Always check and double-check your blind spots before changing lanes.

• Wear a seat belt. According to the CDC, Seat belts reduce serious crash-related injuries and deaths by about half. Seat belt use is also required by law for adults in the front seat in Georgia.

For More Information, Contact Williams Elleby Howard & Easter

The Kennesaw, GA Car Accident Attorneys at Williams Elleby Howard & Easter, are dedicated to helping accident victims get the compensation they deserve. If you or a loved one has been in an accident, the experienced personal injury attorneys at Williams Elleby Howard & Easter, can investigate the facts of your case, help you understand your legal rights and options, negotiate with any opposing party, and work to maximize your recovery. To discuss your case, call today to schedule a free consultation at 833-LEGALGA.

High School Coach Killed in Ga. 400 Crash

car accident fatal attorney

Dawson High School soccer coach Jed Lacey was killed in a four-vehicle crash on Ga. 400 in Forsyth County on the morning of August 12th, 2017. According to news reports, the crash happened just north of Exit 15 on the southbound lane of Ga. 400. The freeway was closed for about four hours after the crash. The cause of the crash has not yet been disclosed and an investigation is ongoing.

Fatal Auto Accidents on the Rise in Georgia

Unfortunately, fatal auto accidents are on the rise in Georgia. According to the Georgia Governor’s Office of Highway Safety, there have been about 1,300 traffic fatalities annually on Georgia roadways in the past several years. There were 1,430 traffic fatalities in 2015, which is the most recent year for which data is available. Fatalities were highest in the Atlanta metro area and other urban areas. The counties of Fulton, DeKalb, Gwinnett, Chatham, and Cobb had the most fatalities. However, rural areas actually have a higher fatality rate. From 2014 to 2015, the fatality rate in rural areas increased by 10% and the fatality rate in urban areas increased by 18%.

More accidents are expected to occur in coming years, largely due to the fact that more people than ever are expected to be driving on Georgia’s roads. Traffic is already congested in Atlanta and throughout Georgia, and experts anticipate that it will only become worse in coming years. The Georgia Governor’s Office of Highway Safety keeps track of the total vehicle miles traveled on Georgia roadways each year. It found that a new record was set in 2015, with an estimated 118,107 million vehicle miles traveled. Simply put, more drivers on the road means more accidents are likely to occur.

Although traffic fatalities have been rising in recent years and are expected to rise further still, things are better now than they were in the 1990s. The highest fatality rate in Georgia’s history occurred in 1996. In that year, there were 1,573 total fatalities.

The car accident attorneys at Williams Elleby Howard & Easter, help auto accident victims get the compensation they deserve !

When auto accidents occur, it is imperative that victims of harm understand their legal rights and options. All drivers have a duty to operate their vehicle with reasonable care and to obey traffic laws. When a driver fails to meet this standard and causes an accident, any victims of harm are entitled to compensation. In car accidents where a victim dies, surviving family members may be able to bring a wrongful death lawsuit against the responsible party.

Williams Elleby Howard & Easter, is dedicated to helping auto accident victims get the compensation they deserve. If you or a loved one has been injured in an auto accident, the experienced personal injury attorneys at Williams Elleby Howard & Easter can investigate the facts of your case, help you understand your legal rights and options, and work to maximize your recovery.

If you would like more information or would like to discuss your case, call Williams Elleby Howard & Easter, to schedule a free consultation today at 833-LEGALGA.

Commissioner Silent as Car Insurance Rates Soar

rise car insurance rates

In recent years, auto insurance rates have been soaring in Georgia. One reason rates have been going up is that accidents are on the rise in Georgia. Another reason is that there is nothing to stop insurance companies from hiking up rates. Georgia used to regulate auto insurance rates so that insurers could only raise rates when given prior approval from the state to do so.

But in 2008, the Georgia legislature passed a bill deregulating the auto insurance industry. Today, insurance companies in Georgia can raise rates freely when they decide to.

Deregulation was supposed to increase competition and allow free market forces to drive prices down. But this didn’t happen. Instead, auto insurance rates have steadily risen in Georgia each year since. In 2016, Georgia saw the highest increase in personal auto insurance rates in the entire country. Overall, Georgia auto insurance premiums are the twelfth highest in the country.

Insurance Commissioner Ralph Hudgen has done little to address the rising rates. As a senator in 2008, Hudgen was the chairman of the Georgia Senate Insurance Committee and supported deregulation. His stance against regulating the insurance industry, coupled with the fact that he has accepted large campaign contributions from the insurance companies, has led many to wonder whether he is really looking out for Georgia consumers.

Insurance Companies Say Premiums Reflect Increase in Traffic and Accidents

Commissioner Hudgen and the insurance industry argue that rate hikes simply reflect the increasing risk of car accidents on Georgia roadways. There is pretty good evidence to back this claim up. According to the Georgia Office of Highway Safety, the number of auto crashes increased in Georgia for four consecutive years between 2011 and 2015. There were a record 385,221 accidents in 2015 (data for 2016 is not yet available.) Costs per claim are also on the rise.

Robert Hartwig, a risk management expert, told the Atlanta-Journal Constitution “it is certainly not the case that the private passenger auto insurers are earning a rate of return that in some way could be considered excessive or unreasonable.” Whether or not this is the case, the increasing risk of car accidents on Georgia roadways is at least one big reason that rates have been increasing.

Despite Cost, Personal Auto Insurance is Essential for Drivers

Rising insurance rates reflect the growing danger of Georgia roadways. Higher insurance costs also encourage some drivers to go without auto insurance. Uninsured motorists present a big problem for Georgia accident victims.

If you are thinking about driving without insurance to save money, don’t do it. Despite the costs, it is critical to have insurance coverage. Auto insurance is legally required and you can lose your license for driving without insurance. Drivers should also make sure their plan includes uninsured motorist coverage. If you are driving without insurance, it puts you at great risk legally and financially.

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

The Kennesaw ,Ga personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to helping auto accident victims get the compensation they deserve. If you would like more information about this issue, or if you have been in an accident and would like to discuss your case, contact Williams Elleby Howard & Easter, at 833-LEGALGA today.

Two Midtown Atlanta Accidents Separated by Hours

Atlanta car accident injured

Most of us drive every day without giving our safety much thought. It is easy to forget that driving an automobile is actually a life-and-death activity. In two recent accidents, drivers were extremely lucky not to have injured themselves or others.

As the Atlanta Journal Constitution reported, there were two separate car accidents that occurred just hours apart and within a couple blocks of each other in midtown Atlanta earlier this month. The single-car accidents occurred on Peachtree Street and on 17th Street, respectively.

The crashes occurred only blocks apart on busy streets. In one crash, the driver of a white Chevy Camaro lost control and smashed into a series of traffic lights. Eyewitnesses reported that it crossed over the 17th Street Bridge towards Atlantic Station at high speed before the driver seemed to lose control. Again, thankfully there were no other cars involved and no injuries in this accident.

Just two hours later, a Range Rover hit a tree, smashed through light pole located at a bus stop, and then crossed through an intersection. The Range Rover came to rest near a gas station on Peachtree Street. Thankfully, there was nobody present at the bus stop at the time, and no other cars were involved. The driver was uninjured.

It is, unfortunately, not surprising that two such accidents could occur so close together in time and place. In a traffic-congested city as large as Atlanta, accidents are all too frequent, especially when drivers forget or ignore the risks and drive recklessly as it appears the drivers in the accidents above did. Atlanta drivers, and drivers throughout Georgia, need to always keep in mind the risks and drive safe. And when accidents do occur, drivers need to be prepared.

Know What to do If You Are in an Accident in Atlanta, GA

It is crucial that you know what to do immediately following a car accident. The first thing you should do if you are involved in a serious accident is call 911. Under Georgia law, drivers that are involved in a wreck resulting in injuries, death, or property damage exceeding $500.00 are required to report the wreck to authorities.

If you are able to do so, you should carefully document the crash site with pictures, exchange information with the other driver(s), and talk to any witnesses. Following a crash, remember that anything you say to the other driver or to an insurance company can be used against you in a legal proceeding. Always be honest, but be careful about being apologetic.

Although not all cases require a lawyer, many do. Even when liability is not an issue, insurance companies will often attempt to offer compensation that is too low. If you’ve been injured in an accident, the experienced Kennesaw, GA car attorneys at Williams Elleby Howard & Easter, can help maximize your recovery.

Contact the Kennesaw, GA Car Accident Attorneys at Williams Elleby Howard & Easter, for More Information

If you would like more information about this issue or if you have been in an accident and would like to discuss your case, contact Williams Elleby Howard & Easter, to schedule a free consultation today at 833-LEGALGA.

Two Teens Killed in Gwinnett Crash

teens killed Gwinnett crash

Two teenage high school students were killed in a tragic auto accident on July 16th, 2017, on Lawrenceville Highway in Gwinnett County, Georgia. According to the Atlanta Journal-Constitution, three other people were injured in the crash. A crash report showed that the teenagers were speeding along Lawrenceville Highway in a Honda Accord when an SUV attempted to make a left-hand turn in front of them. Unfortunately, there wasn’t enough time for the SUV driver to make the turn and the two vehicles collided at the intersection of Lawrenceville Highway and Kenvilla Drive.

According to reports, the Honda Accord spun out of control after the collision and smashed into a power pole. The SUV, a 2000 Chevy Tahoe, was knocked into the opposite lane of traffic. The driver of the Accord was killed in the crash along with one of the passengers. Two other passengers in the car survived and were taken to the hospital. The driver of the SUV survived and was also taken to the hospital.

The Dangers of Left-Hand Turns

This tragic accident is yet another example of how dangerous left-hand turns can be. Left-hand turns are far more likely to result in accidents than almost anything else a person can legally do on the road. When drivers attempting to turn left misjudge how fast an oncoming car is approaching, the results can be catastrophic. Sometimes drivers turning left fail to pay attention or take reckless chances; in other cases, a car going through an intersection is speeding and a turning driver doesn’t have time to react. In many cases where there is a left-hand turn accident, both parties bear some blame.

Every driver has a duty to try to avoid accidents by operating their vehicles with reasonable care. It is important for drivers approaching intersections to be alert and slow down just in case another driver decides to attempt to make a turn through the intersection. And drivers turning left should always use caution and use a turn signal. Use of turn signals is required by Georgia law before making a turn.
When drivers cause a wreck that injures someone else, they owe victims of harm compensation. If you or a loved one has been injured due to the wrongful actions of someone else, the experienced personal injury attorneys at Williams Elleby Howard & Easter, are here to help.

Contact The Car Crash Injury Attorneys at Williams Elleby Howard & Easter, for More Information

Unfortunately, no matter how safe you drive there is always a chance that you could be involved in an accident. When accidents do occur, it is important for the victim to hire an attorney that will make sure the insurance companies don’t take advantage of them.
Williams Elleby Howard & Easter, is a personal injury law firm dedicated to getting justice for personal injury victims. Our attorneys always put in the time and effort necessary to maximize settlements for clients. If you would like more information or would like to discuss you case, contact Williams Elleby Howard & Easter, to schedule a consultation today at 833-LEGALGA.

Car Changing Lane Triggers Fatal Crash on I-75

car accident personal injury Georgia

In the late morning of July 20th, 2017, a car changing lanes caused a fatal crash on I-75 just north of Exit 135. According to reports, a small car in the right-hand lane crossed over the center line in an attempt to merge, striking an SUV and causing it to overturn. The pickup truck then hit another pickup truck in the far-left lane. The driver of the SUV was killed; the other two vehicles suffered only minor damage. The crash is currently being investigated by the Georgia State Patrol Specialized Collision Reconstruction Team.

Unfortunately, tragic crashes like this occur every day. Whenever accidents like this happen, it is important that injury victims get the compensation they deserve. In this case, it may be possible for the victim’s family to file a wrongful death lawsuit if it appears that the driver of the car changing lanes was negligent. Georgia wrongful death lawsuits are governed by Title 51 Chapter 4 of the Official Code of Georgia and intended to compensate family members for their loss.

Georgia Auto Accident Lawyers Help Personal Injury Victims Get the Compensation They Deserve

A major function of our civil justice system is to ensure that personal injury victims get the compensation they deserve when they are harmed by the wrongful conduct of someone else. The civil justice system tries to make victims “whole again” with a sufficient monetary award. Of course, the loss of a loved one cannot be replaced with money, and injuries often cause pain and suffering that are difficult to quantify by a dollar amount. But a monetary award can cover things like medical bills and lost wages, and alleviate pain and suffering to some extent.

The extent to which a defendant is liable, how badly a victim was harmed, and how much compensation that victim’s harm is worth are all issues that are often hotly contested in personal injury cases. These cases can be complicated, and proving damages usually requires presenting detailed and highly technical medical evidence and expert medical testimony. Experienced auto accident lawyers know how to gather all of the needed evidence to successfully resolve personal injury claims.

For More Information, Contact the Personal Injury Attorneys at Williams Elleby Howard & Easter

If you or a loved one has been injured in an accident, the legal team at Williams Elleby Howard & Easter, can investigate the facts of your case to help you determine your legal rights and options. If you have a claim, our attorneys can help to maximize your settlement. When necessary, the attorneys at Williams Elleby Howard & Easter, vigorously advocate for their clients at trial by delivering thoughtful, persuasive, and legally compelling arguments.

Williams Elleby Howard & Easter, is located in Kennesaw, Georgia, and serves clients throughout the state. The Williams Elleby Howard & Easter attorneys are willing to fight for each of their clients in negotiations and in court. Trying to carry out a personal injury claim without experienced and qualified legal assistance puts you at risk. Contact Williams Elleby Howard & Easter, to schedule a free consultation at 833-LEGALGA today.

Why You Should Be Cautious About Online Activity Following a Georgia Auto Accident

social media case personal

Be Careful With What You Post Online

You should be cautious about online activity following a Georgia automobile accident. Social media evidence can play a key role in personal injury cases. Personal injury defense lawyers monitor claimants’ social media accounts to find out if they are exaggerating their injuries. If a plaintiff claims that they have a severely injured back, but is later seen snowboarding on Instagram or Facebook by the opposing party, it can completely kill their case. But it isn’t just those faking injuries that have something to fear from social media; legitimately injured victims of accidents can lose out on compensation because their social media image makes them look like they are doing better than they actually are.

A Picture Is Worth A Thousand Words

As one article bluntly puts it, “appearing happy on social media may be used against you in a court of law.” The article goes on to discuss the case of Fotini Kourtesis, a Canadian woman that sued a man for rear-ending her as she drove to work in the year 2000. Fotini was 18 years old at the time of the crash, and claimed that the crash left her in chronic pain and unable to enjoy life the way she once did. According to her own testimony, and the testimony of her friends and family, Fotini was telling the truth.

Spoliation Is Against The Law

But then the opposing party found some photos of her on Facebook, posted after the accident occurred, which completely changed the outcome of the case. The photos showed Fotini smiling and dancing with her family. She appeared to be having fun. Forini claimed that she was merely posing as a happy person for the sake of having positive looking family photos, but that in reality she was suffering. But in the end, the photos destroyed her “loss of enjoyment of life” claim. The judge stated, “even if posed, the photographs were taken in an active social life setting” and this is how Kourtesis still “enjoys life.”

Deleting Social Media Information May Not Be the Answer

At this point you may be thinking that all you have to do is delete incriminating social media evidence before the other side sees it. Actually, doing this could lead to more problems. This is because litigants in a case have a duty to preserve all relevant evidence – including social media evidence.

A party to “contemplated or pending” litigation that destroys evidence “necessary” to the other party’s case can be sanctioned for spoliation in Georgia. This duty to preserve evidence extends to social media evidence. In a recent Virginia case, Lester v. Allied Concrete Co., the court sanctioned both the plaintiff and his counsel for, in part, “spoliation of Facebook evidence.” In that case, the lawyer helped his client “clean up” his Facebook page by deleting incriminating content before complying with a discovery request issued by the opposing party.

FOR MORE INFORMATION, CONTACT THE KENNESAW, GA ACCIDENT INJURY ATTORNEYS AT Williams Elleby Howard & Easter
Personal injury cases can be complicated, and personal injury victims should rely on qualified and experienced legal counsel to get the compensation they deserve. If you have been the victim of a personal injury in the State of Georgia, contact the Kennesaw, GA accident injury attorneys at Williams Elleby Howard & Easter, to schedule a free consultation at 833-LEGALGA

Brain Injury Claims

A close-up of someone's chest wearing a white coat and white surgical gloves with a stethoscope around their neck, holding a black chalkboard with the words TRAUMATIC BRAIN INJURY written on it.

In the early morning hours of April of 2015, a tractor trailer plowed into two different cars carrying seven Georgia Southern nursing students. Five of the students were killed. Two students suffered serious injuries but survived the crash.

On January 19th, 2017, one of those survivors, Megan Richards, gave emotional testimony in court, discussing the anxiety and depression that the accident left her with, as part of a lawsuit against the truck driver and the trucking company he worked for. In an earlier civil lawsuit, the trucking company admitted responsibility and reached a multi-million dollar settlement with the other victims.

Not only was Megan coping with the loss of her friends, but her lawyers also argued that she was still suffering from a traumatic brain injury. “Not every day is the worst day of my life, but a lot of days are bad, but it’s the good days that make it worth it,” she testified.
Her father stated that she has, “A lot of anxiety. She’s depressed, she’s not social.” After hearing testimony and seeing evidence, a jury awarded Megan $15 million.

Unfortunately, these types of lasting symptoms, and many others psychological and emotional problems, are typical of traumatic brain injuries (TBIs). A TBI can be a single serious concussion, as occurs in severe traffic accidents or serious work-related accidents, or can be caused as a result of a series of smaller brain traumas, known as continued traumatic encephalopathy (CTE). According to the CDC, there are millions of new TBI emergency room visits, hospitalizations, and deaths each year. When TBIs are caused by the wrongful actions of someone else, victims are entitled to be fully compensated for their harm.

TBI Symptoms

Brain injuries can cause a variety of symptoms, including:

• Disorientation, confusion, or simply not feeling like one’s self;
• Problems sleeping;
• Headaches;
• Nausea or vomiting;
• Dizziness or difficulty balancing;
• Sensitivity to sound or light;
• Sensory problems, including blurred vision, ears ringing, or having a bad taste in the mouth;
• Mood swings;
• Problems with memory or concentration; and
• Depression and anxiety.

Proving Damages in TBI Claims

When TBI symptoms are carefully documented and medically provable, victims in TBI claims are entitled to be compensated. But it is crucial that TBI victims carefully record how the symptoms have impacted their life, and thoroughly acquire and prepare all necessary medical evidence.

Proving the harm that a TBI caused can require presenting numerous pieces of evidence, including but not limited to:

• Medical records;
• Physician reports;
• Expert medical testimony;
• Vocational evaluations;
• School and work records;
• Functional capacity evaluations; and
• Testimony from family, friends, and the victim.

Georgia personal injury law defines two types of damages that can be awarded in any personal injury case: special damages and general damages. Special damages compensate a person for things like medical expenses and lost wages. General damages compensate for non-economic losses, such as pain and suffering or emotional distress.

Although TBI claims can be difficult to prove, when evidence is carefully prepared and persuasively presented to the court, significant special and general damages are usually possible.

Contact the Brain Injury Accident Attorneys at Williams Elleby Howard & Easter, for More Information

The personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to getting justice for personal injury victims in the State of Georgia. If you would like more information about this issue, or would like to discuss your case, contact Williams Elleby Howard & Easter, to schedule a free consultation at 833-LEGALGA.

Importance of Uninsured Motorist (UM) Coverage

importance uninsured motorist coverage

It is never fun being in an accident caused by someone else’s negligent driving. Especially when that someone else doesn’t have insurance to cover the damages. Ideally, your car insurance policy includes an uninsured motorist clause providing you with UM coverage. 

What is UM Coverage?

Uninsured motorist coverage protects you in the event that you are involved in an accident with a driver that doesn’t have enough insurance coverage to pay for your damages. The term uninsured motorist thus refers not only to drivers that don’t have any car insurance at all but also to those that are underinsured by their policy to pay for damages caused in the car wreck. Moreover, most policies will also include protection for incidents in which the at-fault motorist flees the scene and cannot be identified. 

What Happens If I Don’t Have UM Coverage and I Get Into A Wreck With an Uninsured Motorist?

If you get in an accident with an uninsured motorist and you don’t have UM coverage, you will most likely be stuck with the bill. You can sue the uninsured motorist for damages, but this is rarely worth the effort. The vast majority of uninsured motorists simply won’t have the money to pay you. That’s probably why they didn’t buy a good insurance policy in the first place. Therefore, it is extremely important to know whether you are really fully covered by your UM policy.

Georgia UM Coverage Law

In years past, UM coverage was very weak in Georgia when it came to wrecks with underinsured motorists. Insurance companies only had to pay UM coverage if the amount of that coverage exceeded the at-fault motorist’s liability coverage. This often meant that people that were in accidents with an underinsured motorist were left with huge bills even though they had UM coverage.

For example, say a person had $50,000 of UM coverage, an accident cost $100,000, and the other motorist only had $50,000 of liability coverage. It would make sense for their UM coverage to kick in and pay the other $50,000. But under the old law, the insurance company wouldn’t pay a dime under the UM policy because the coverage didn’t exceed what the other motorist’s insurance paid.

In 2008, the Georgia legislature vastly improved the law by mandating that insurance companies offer policies that pay the full amount of UM coverage that a person deserves, regardless of the extent of the underinsured motorist’s liability coverage. Under this new type of policy, UM coverage “stacks” on top of any liability coverage paid by the at-fault motorist. Stacking policies are now the default UM coverage option, but people can opt-out in writing and take a traditional policy if they choose to.

Regardless of the type of insurance you think you may have, it is extremely important to identify all potential sources and amounts of insurance anytime you are in a serious automobile wreck in Georgia. In this “How To Video,” Attorney Chase Elleby explains the process for other attorneys.

If You Would Like More Information, Contact Williams Elleby Howard & Easter

Williams Elleby Howard & Easter highly recommends that drivers have UM coverage that “stacks” onto any liability coverage of an underinsured motorist. Having no UM coverage, or even having traditional UM coverage, leaves you vulnerable to huge costs if you get into a wreck with an uninsured motorist. Considering how affordable UM coverage is, it simply isn’t worth the risk. If you would like more information, or if you have been in an accident with an uninsured motorist and would like to better understand your options, call Williams Elleby Howard & Easter at 833-LEGALGA.

Defective Road Design/Construction

defective road design construction

Defective Road Design/Construction

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

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

Common Road Design/Construction Problems

Common problems with road design and construction in Georgia include:

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

Bringing a Personal Injury Case in Georgia

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

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

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

Contact Williams Elleby Howard & Easter, to Discuss Your Case

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