Category: Car Accidents

Proving Fault in Cyclist-Auto Accidents

When cyclists and automobiles collide, establishing fault can often be a complicated question. Under Georgia law, proving negligence requires showing that the defendant had a legal duty, that they breached this duty, and that the breach caused the plaintiff’s harm.

Breach of Duty

Cyclists and auto drivers owe reciprocal duties of care to each other on the road. Therefore, the existence of a duty is presumed in all cyclist-auto accidents, and the plaintiff must prove that this duty was breached. In many cases whether a duty was breached depends on whether the defendant acted reasonably under the circumstances. This is a question of fact for the court to consider based on the evidence and the witness testimony. By far, the easiest way to prove that a duty was breached is to show that the defendant broke a rule of the road. If this is shown, negligence per se is established.

Negligence Per Se

In Georgia, breaking a traffic law creates a presumption of negligence. As the Georgia Court of Appeals put it, “A violation of the Uniform Rules of the Road prima facie establishes negligence per se in the absence of a valid defense.” In plain English, this means that if a person breaks a traffic law, they will automatically be considered negligent in court unless they can prove that they had some valid reason for doing so. It is therefore important to be aware of the rules of the road, whether you are a cyclist or a driver, and to always try your best to adhere to them.

Bicycles are considered “vehicles” under Georgia law and therefore must generally follow the same rules of the road as automobiles. There are also some specific provisions that apply to cyclists. In 2011, Georgia passed the “Better Bicycling Bill.” Some key mandates of this law are:

• Drivers must give 3 feet of distance when passing cyclists.
• Cyclists have the right of way when traveling in bike lanes.
• Cyclists must ride in the same direction as traffic.
• Cyclists can only move into lanes of traffic when the bike lane or shoulder is obstructed or hazardous, or when they are turning left.

And, of course, committing a DUI can also create negligence per se. This is true for both drivers and cyclists (yes, drunk cycling is illegal too). Violating any of these laws, or any other traffic laws, would constitute negligence per se if doing so caused an accident.

Causation

Causation is usually an issue when it comes to proving damages. For instance, if a plaintiff had preexisting back pain, it may be difficult for them to prove that their back pain was caused by the accident. But, causation is also important when it comes to establishing fault. When a rule of the road is broken, people often erroneously assume that this means there will be an open and shut case against them. But, breaking a rule of the road is negligence per se only if doing so was the cause of the accident.

Contact Kennesaw Car Accident Attorney Joel Williams Today

Dealing with a personal injury due to an accident is stressful. Relying on an experienced personal injury attorney to handle your legal claim and get you the compensation you deserve can make it easier. If you have been involved in an accident, call Williams Elleby Howard & Easter, at 833 – LEGALGA for a free consultation.

Proving Fault in a Kennesaw, Georgia Auto Accident

According to the Georgia Department of Transportation, there were 1,564 fatalities on Georgia’s roadways in 2016, more than the anticipated targeted number of 1,130 as noted on the Georgia Highway Safety website. With millions of drivers on the roads, it is important to be well-prepared in the event that you are involved in an automobile accident.

If you are involved in an accident, determining who is at fault is critical. If the other driver acted negligently or carelessly, he or she may be responsible for the damages. Insurance companies, however, are not always eager to make those payments. Therefore, finding a qualified personal injury attorney like those at Williams Elleby Howard & Easter in Kennesaw who can properly litigate your case is key to getting the most compensation available to you.

Fault vs. No Fault

A majority of states follow a fault-based insurance rule, which means that in the event of a car accident, blame must be assigned to someone. However, in states that follow a no-fault insurance rule, drivers are required to carry no-fault insurance. This means that injured person’s insurance company will cover the cost of the damage, regardless of who caused the accident. Georgia follows a fault-based rule, so the injured person must prove fault in the auto accident in order to recover medical costs and property damages. Drivers can seek compensation in three ways:

1. through his or her own insurance company,
2. through the other driver’s insurance company, or
3. through a personal injury lawsuit.

Proving Fault

According to Georgia Code, an injured party must prove proportional comparative fault. This type of fault assigns a percentage of blame to each driver involved in the accident. If an accident involves more than one party, the proportional comparative fault rule will determine the percentage of fault each party owns. One party may be found fully responsible for the accident, or the drivers may share blame. For example, if one driver ran a stop sign and the other driver was speeding, each driver disobeyed a traffic law and may be found proportionally liable for the accident. In this case each driver may be responsible for his or her own injuries. Note that, based on this rule, if a driver is 50 percent or more at fault for the accident, then he or she cannot be compensated for damages. Only if the driver is found to be less than 50 percent at fault can he or she be entitled to monetary compensation.

Contact Us in Kennesaw, Georgia

If you have been injured in an automobile accident, do not quickly settle with the insurance company. Their goal is to pay you as little as possible and settle the claim as soon as they possibly can. Instead, you should consult with an experienced attorney who specializes in this area of law. Contact Kennesaw, Georgia personal injury lawyers Joel Williams or Chase Elleby at 833 – LEGALGA or stop by their office at 3900 Frey Rd, NW, Suite 104, Kennesaw, GA 30144 near Kennesaw State University for a free consultation.

Injury Due to Vehicle Malfunction

Most commonly, personal injury suits involving motor vehicles occur when one driver sues another driver for negligently operating a vehicle. The plaintiff alleges that the defendant’s negligent driving caused the accident. There are also personal injury lawsuits where the plaintiff claims that a vehicle malfunction caused a wreck. The cause of the car accident can be due to negligent design of the car or engine or that someone installed a defective or improper part in the vehicle, leading to the accident.  A common example is where a mechanic improperly secures tires and a tire falls off while the vehicle is being driven on a roadway.

To successfully sue for vehicle malfunction as the cause of an accident, a plaintiff would need to prove that the defendant was negligent in the design or maintenance of the vehicle.

Elements of Negligence

The Court of Appeals of Georgia outlined the elements for a prima facie case of negligence in the 2002 case Johnson v. American National Red Cross. They are:

1. Legal duty. The plaintiff must demonstrate that the defendant had an obligation to conform to a standard of conduct that removes the plaintiff from unreasonable risk. Various factors will determine a potential defendant’s standard of conduct. For example, a pharmacy has a duty not to purchase drugs from unlicensed sellers.
2. Breach of duty. The plaintiff must demonstrate that the defendant’s behavior did not satisfy the standard. In the above example, a plaintiff shows, by obtaining receipts thorough the discovery phase of a trial, that the pharmacy purchased drugs from an unlicensed seller.
3. Causal connection. The plaintiff must demonstrate that injury was suffered as a result of the defendant’s actions or omissions. This element includes demonstrating both actual and proximate cause. For actual cause, the plaintiff must show that but for the defendant’s actions or omissions, the plaintiff would not have been injured. For proximate cause, the plaintiff must show that the injury was a foreseeable consequence of the defendant’s action or omission.
4. The plaintiff must show that he or she suffered damages as a result of the defendant’s action or omission.

Determining Liability for a Vehicle Malfunction

When vehicle malfunction is the cause for injury, there are usually three parties who could be at fault for the accident:

1. The manufacturer. Often, a manufacturer designed the vehicle improperly, which could lead to a malfunction of the vehicle. For example, GM has been sued on many occasions and faced allegations that if negligently designed vehicles with faulty ignition switches that shut off while a vehicle was in motion. Due to the ignition switch shutting off, airbags would not deploy, leading to injury and death.
2. The mechanic. A mechanic who improperly repairs a car can cause that car to be involved in an accident.
3. The owner. If someone rents a car that was not well-maintained (e.g. worn out brake pads) and gets into an accident, then the car rental company can be liable for the accident.

Contact us

If you suffered injury due to a car accident, call Kennesaw car accident attorney, Joel Williams, a lawyer who fights for injury victims. If you have questions or would like to discuss your case, please call our office today at 833 – LEGALGA for a free consultation.

Delayed Injuries After an Auto Accident

Typically, injuries from an auto accident are immediately apparent. The pain from typical auto accident injuries, such as broken bones, lacerations, and burns, are usually immediately felt. But, sometimes the pain of an injury doesn’t manifest until days or even weeks the accident occurred.

Common “Delayed” Injuries After an Auto Accident

There are some injuries that often don’t develop noticeable symptoms right away. Some common “delayed” injuries include:

• Back and neck sprains. Serious back or neck injuries can cause immediate pain. However, it is quite common for some back and neck sprains to go unnoticed for days after an accident especially if the victim has additional traumatic injuries like broken bones in other parts of their body. Yet, despite the fact that these injuries may not be immediately noticed, they can still present a chronic problem that interferes with daily life and shouldn’t be dismissed.
• Concussions. The worst symptoms from head injuries may not become apparent for days or even weeks after an accident. Problems sleeping, memory loss, and an inability to concentrate are all common symptoms of a concussion that may not be readily apparent immediately following an accident. Sometimes, concussion victims just feel irritable. If you notice any of these symptoms following an auto accident, seek medical care right away.
• Bruising. It can often take a few days for bruises to appear following an accident. Deep injuries to bones may even take a week or more to show up on the surface. Although the underlying pain will be noticeable, the extent of injuries is sometimes not apparent until the bruising occurs.

What You Can Do if an Injury Manifests After an Accident

If your claim hasn’t been settled yet, you can still be compensated for delayed injuries. If you notice pain from a delayed injury, you should notify your insurance company and seek medical care without any further delay. Defendants to car accident claims will often argue that delayed injuries weren’t actually caused by the accident itself. However, the sooner you receive medical care, the less likely this argument will hold up. As long as you can provide medical evidence that the auto accident caused or most likely caused your injury, you should still be able to recover.

Unfortunately, if you have already signed a general release in exchange for a settlement, your claim is extinguished. This means that you cannot attempt to collect additional damages thereafter. Because delayed injuries are quite common, it is important not to rush into agreeing to a settlement following an accident. You should always try to have all of your medical issues documented and accounted for before agreeing to settle.

Contact Williams Elleby Howard & Easter for More Information

The Kennesaw, Georgia attorneys for car wrecks at Williams Elleby Howard & Easter are dedicated to seeking justice for accident victims throughout Georgia. We take cases on a contingency basis meaning that our clients do not pay any attorney fees unless and until we win the case. If you would like additional information regarding this issue, or if you would like to discuss your case, call Williams Elleby Howard & Easter, at 833 – LEGALGA today for your free consultation.

Someone Borrowed My Car and Had an Accident—Now What?

If you let others, whether it be a friend or loved one, borrow your car and they are involved in an accident, you can still be on the hook for liability. In most cases, car accident victims will include both the driver and the owner of the vehicle in their legal claim. These claims can become complicated, particularly when the person driving your car is considered the “at fault” driver.

From an insurance standpoint, it is usually the car owner’s insurance that will be the first line of defense. This may not seem like a fair result, but ultimately, you are responsible for your vehicle. That means that if you lend it out to someone else, your insurance will still be the first line of defense.

Dealing with Your Damages

If your friend or family member is the one that is at fault for the accident, your insurance will generally cover any damage to your vehicle and the driver’s injuries. You will still have to pay the deductible as required by your policy; however, this general rule only applies if you have collision coverage. Collision coverage is optional in Georgia, so you may not be able to use your own insurance for property damage.

In some situations, though, you may be able to assert a claim against the driver’s insurance if he or she was particularly irresponsible or careless. These claims can be tricky, however, and they do not apply in many situations. You may simply be out of luck for coverage regarding the property damage.

Injuries and Damages to Someone Else

Your insurance company will also be forced to pay for the other driver’s damages and injuries. This falls under your general liability coverage, which is required in the state of Georgia. If your insurance policy does not cover all of the damages because of your coverage limits, the person who was driving your vehicle may use their own insurance to cover the difference (secondary coverage). In this situation, liability insurance “follows the driver,” but the vehicle owner’s insurance limits must be exhausted before the driver’s insurance kicks in.

When you are driving someone else’s vehicle, your insurance will generally be the same as if you were driving your own car. This includes the limitations, exclusions, and other requirements. It also includes the medical portions of coverage and uninsured motorist coverage.

These general rules only apply when you allow someone to borrow your car. If, however, someone uses your car without your permission, the rules are sometimes different depending on your insurance policy language. Nonetheless, coverage may still apply even if you did not give the driver permission, but he or she lives in your household. Read your policy carefully to determine how far coverage extends.

Getting Help After an Accident

You should report all accidents to your insurance company as soon as possible. Your friend or relative should also report the accident, and the two insurance companies will often work out liability issues on their own. However, when the insurance companies cannot work out liability problems you may need the assistance of an attorney to protect your interest.  If you find yourself in this unfortunate situation, call the Kennesaw car accident attorneys at Williams Elleby Howard & Easter for a free consultation at 833-LEGALGA.

Tires do a lot for automobiles. They are often the only thing standing between you and the road, and when they malfunction, it can spell disaster. Tire blowouts are especially dangerous at high speeds. They can lead to severe accidents that can involve more than one vehicle. Who has legal liability when a car crash occurs because of a tire malfunction?

Acting Reasonably Behind the Wheel

Drivers have a duty to drive reasonably and in a way that will not endanger others around them. There are many situations in which you cannot tell that you have problems with your tires or the problems do not arise until after you are on the road. When you suddenly get a flat, it is easy to lose control behind the wheel.

A reasonable person will slow down and get to the side of the road quickly. If you act unreasonably, you can still be liable for the damage you cause, even when the tire problem was sudden and unexpected. Remaining calm and knowing how to handle your car in the event of a blown tire can help you avoid legal liability.

Driver Responsibilities Before Getting on the Road: The Duty to Inspect

Every driver has a duty to other drivers to maintain control of their vehicle and drive responsibly. That obligation actually starts long before you get behind the wheel, however. It starts with an inspection of your vehicle to ensure that it is safe to drive.

A simple walk around your car can often let you know whether you are having trouble with your tires. The law assumes that you will do this type of check because that is what a reasonable driver would do before getting on the road.

You are not required to know a lot about cars to fulfill your duty to inspect your vehicle. Your only real obligation is to spot obvious problems, such as low or flat tires. Failing to pay attention to warning lights may also be unreasonable in some circumstances. It is important to note that the law imposes liability on those who “should have known” about a problem with their vehicle.

Driving with Defective Equipment

Part of the duty to other drivers to drive safely is that you will not operate equipment that could cause harm to others, which often includes defective equipment. If you know that your tire (or any other part of your vehicle) has a dangerous defect, you are obligated not to drive the car until the problem is addressed properly.

When Liability Extends Beyond the Driver

There are situations where the driver may not be the only person or entity at fault for a blown tire. When tires are defectively designed, or manufactured, the manufacturer or retailer may have legal liability for your injuries, or injuries to others, in a tire-related accident.

If a tire is not installed correctly, then the mechanic or another individual that did the installation could be liable too. If, for example, the mechanic put the wrong kind of tire on your car or failed to inflate it properly, that could lead to legal liability.

If you have been involved in an accident due to a tire malfunction, you may have legal options. Contact Williams Elleby Howard & Easter at 833-LEGALGA today to set up an appointment.

Car Accidents and Pedestrians

The Centers for Disease Control and Prevention reported that, in 2013, there were 4,735 pedestrians killed in traffic incidents in the United States. That means that a pedestrian is killed by a vehicle every two hours. Another 150,000 pedestrians were treated for non-fatal injuries related to crashes in 2013 as well. In fact, the CDC reports that pedestrians are 1.5 times more likely to be killed than the average vehicle occupant on each trip.

According to the Georgia Governor’s Office of Highway Traffic Safety, there were 130 pedestrian fatalities in 2011, one of the lowest statistics on record. There are, nonetheless, roughly 2,000 pedestrian-related accidents in Georgia each year according to the Georgia Department of Public Health.

Even accidents at slow speeds can cause serious injuries for pedestrians. At just 10 miles per hour, a vehicle can severely disable a pedestrian because of the huge size and weight differences between the car and the pedestrian. Drivers have a responsibility to keep a close eye out for pedestrians and stop if there is an accident.

Determining Fault in Pedestrian Accidents

Pedestrian accidents are similar to the average car accident in that the law in those situations is still based on negligence– meaning someone (or both people) were acting carelessly or recklessly at the time of the accident.

Georgia law requires that drivers stop for pedestrians that are in the crosswalk when they are on the same side as the driver. They are also required to stop if the pedestrian is on the opposite side of the driver, and walking toward the driver’s side of the road. These two requirements essentially mean that if a pedestrian is attempting to cross the road on a designated crosswalk, the driver must stop. If a pedestrian is injured in a crosswalk, then the pedestrian may have a legal claim against the driver.

If a pedestrian jumps into the road or crosses the road illegally, the driver may still have some liability, but it will not be as clear-cut as if the pedestrian was in a crosswalk. In some states, if a pedestrian is hit outside of the crosswalk, that can prevent the driver’s liability. However, Georgia is not one of those states.  Illegally walking on or across the road usually decreases the driver’s responsibility for the damages and often results in a defense verdict.  However, there are situations where a plaintiff can prevail despite not being in a crosswalk.  A good example would be when the driver was drunk or texting.

Promoting Pedestrian Safety

The number of pedestrians overall is expected to increase in coming years as more individuals make healthy lifestyle changes. Pedestrians can decrease their odds of being involved in an accident by:

• Wearing gear that increases visibility, like reflective clothing and bright colors
• Carrying a flashlight when walking at night
• Always crossing the street at a designated crossing point or intersection
• Walking on a sidewalk or path whenever possible
• Walking on the shoulder of the road facing traffic, if a sidewalk or path is not available

As most pedestrian accidents occur in urban areas, at night, and in non-intersection locations, using these tips can help avoid a pedestrian accident altogether.

If you or a loved one has been involved in an accident as a pedestrian or involving a pedestrian, you have legal rights. Call Williams Elleby Howard & Easter for more information or to set up an appointment.

Taking your eyes off the road for even just a few seconds can easily result in injuries or death. In fact, the AAA Foundation reports that even taking your eyes off the road for as little as two seconds will double your risk of being involved in a crash.

Distracted driving involves any activity that takes your attention from the road, whether it is another passenger, adjusting the stereo, or texting. The National Highway Traffic Safety Administration (NHTSA) reports that one in every ten fatal accidents in the United States involves a distracted driver. That means that more than 3,000 deaths are caused by distracted driving each year. Distracted driving is also likely responsible for roughly 18 percent of all accidents that result in injuries.

Examples of Distracted Driving

With the increase in technology, distracted driving seems to be an even more serious issue today. The AAA report regarding traffic safety culture indicated that 85 percent of respondents thought that distracted drivers are a much larger problem today than they were only three years ago.

Distracted driving comes in many forms. Examples include:

• Reading
• Running navigational systems
• Watching videos
• Engaging on social media
• Adjusting the radio
• Grooming
• Eating and drinking
• Using a cell phone or smartphone
• Texting

Many other types of distractions could affect your driving ability as well.

Types of Distracted Driving

Texting and engaging in social media is particularly egregious because it involves manual, visual, and cognitive distraction.

• Manual distraction: You should have both hands on the wheel to maintain control of the vehicle. When your hands leave the wheel for any reason, you are engaging in manual distraction. Think of the huge number of activities that you engage in while you are driving that could be considered manual distraction because your hands leave the wheel.
• Visual distraction: Your eyes should be on the road or scanning for threats or obstacles around you. When your eyes avert to children, electronics, or anything else, you are engaging in visual distraction.
• Cognitive distraction: This type of distraction is the hardest to recognize. Anytime your mind wanders to matters other than driving, you are engaging in cognitive distraction. Talking to others or otherwise being preoccupied are both forms of distracted driving.

Distracted Driving and Younger Drivers

Younger drivers are more likely to engage in distracted driving. Ten percent of drivers between the ages of 15 and 19 that were involved in fatal crashes were distracted at the time of the accident. This is the largest age group for those who were distracted at the time of an accident. Drivers between the ages of 16 and 24 also manipulate cell phone and other electronic devices at higher rates compared to older drivers.

Cell phones may quadruple the crash risk for every driver. Safety is a real concern for every driver because of cell phone use, especially because one in 20 drivers is using a cell phone at any given time while on the road. Even hands-free phones are not risk-free because they also cause a cognitive distraction.

Distracted driving can result in serious injuries. If you or a loved one has been affected by a distracted driver, you may have legal options. Call car accident attorney, Joel Williams at 833 – LEGALGA for more information.