Bicycle Wrecks

bicycle accident wreck injured

Each year in the United States there are hundreds of thousands of accidents between automobiles and bicycles. Because of their vulnerable position, these accidents often have severe consequences for the cyclists involved. It is crucial for both motorists and cyclists to understand their rights and duties under Georgia law.

If you have been injured in a bicycle wreck and someone else was at fault, you need a qualified and experienced bicycle wreck injury attorney to represent you. Williams Elleby Howard & Easter, is dedicated to getting accident victims the compensation they deserve. To discuss your case, contact Williams Elleby Howard & Easter, to schedule a free case evaluation today online or by calling 833-LEGALGA.

Duties of Motorists and Cyclists to Each Other

Motorists and cyclists each have a duty to act with reasonable care while on the road. Drivers, as well as cyclists, must follow the “rules of the road” outlined by Title 40, Chapter 6 of the Georgia Code. If either a cyclist or motorist violates a traffic law, they can be considered at-fault in an accident. In some cases both parties are at-fault, and the issue becomes determining to what degree each party was at fault.

Specific Laws Applying to Cyclists

There are a few specific laws that apply to cyclists in Georgia. These are found in Chapter 6 Article 13 Part 1. Under O.C.G.A. § 40-6-294, “every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, except when turning left or avoiding hazards to safe cycling.” This generally means a cyclist must remain in a bike lane or on the shoulder of the road unless they are turning left; however it is important to note that if there is a “hazard to safe cycling” then cyclists are allowed to move into the main lane of traffic temporarily.
Bicycles must only be used by one person at a time, unless it is designed to carry more than one person. When riding at night, bicycles must have a white light in the front and a red light or reflector on the back. Adults are not required to wear helmets when riding a bicycle; however children under the age of 16 are required to wear a helmet. Cyclists should also remember that riding a bicycle while legally intoxicated is illegal.

If You Have Been in a Bicycle Wreck, Contact Williams Elleby Howard & Easter, to Discuss Your Case Today

Bicycle wreck accidents claims, like other types of personal injury claims, can be complex. It is imperative for victims of harm to have qualified and experienced legal counsel on their side. A Kennesaw, Ga personal injury attorney that understands bicycle wreck cases and is familiar with local courts can ensure that your compensation is maximized.

If you have been involved in a bicycle wreck, the qualified bicycle wreck attorneys at Williams Elleby Howard & Easter, can help you understand your rights and get you the compensation you deserve. If you would like more information, Williams Elleby Howard & Easter, is here to help. Call today to schedule your free consultation at 833-LEGALGA.

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 Howard & Easter, is dedicated to getting brain injury victims the compensation they deserve. If you would like to discuss your case, call Williams Elleby Howard & Easter, 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 Howard & Easter, 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 Howard & Easter, is dedicated to helping each of their clients get justice and maximize their compensation.

For More Information, Contact Williams Elleby Howard & Easter, 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 Howard & Easter, to schedule your free consultation today at 833-LEGALGA today.

Georgia Assumption of Risk Doctrine

fault assumption risk liable Georgia

Under the classic assumption of risk doctrine, a defendant is not liable for harm caused if the plaintiff voluntarily and knowingly assumed the risk. Georgia courts have long accepted the doctrine of assumption of risk. Assumption of risk is an affirmative defense to liability, although Georgia courts will sometimes integrate assumption of risk into a comparative fault analysis.

The Court of Appeals of Georgia has held that a defendant may successfully assert assumption of risk as a defense when defendant shows that the plaintiff:

1. Had actual knowledge of the danger in question;
2. Understood and appreciated the risks associated with such danger; and
3. Voluntarily exposed himself or herself to those risks.

Examples of Assumption of Risk Being Applied in Georgia Courts

Georgia courts have accepted assumption of risk defenses in many types of personal injury cases, including premises liability and product liability cases. The cases highlighted below show how Georgia courts apply doctrine in different types of cases.

Teems v. Bates, 684 S.E.2d 662 (2009)

In this case, teenager Janna Teems was injured after falling off of the top of a car driven by her friend, Matthew Bates. Teems wanted to ride on top of the car for fun as Bates drove around in a parking lot, but Bates drove faster than Teems expected (10-15 mph) and fell from the car. She was seriously injured and required weeks of hospitalization.

Teems sued Bates for negligence, but the trial court found that Teems assumed the risk of harm and ruled in favor of Bates. The appeals court affirmed this decision, finding that:

“When a person knowingly and voluntarily takes a risk of physical injury the danger of which is so obvious that the act of taking such risk in and of itself amounts to a failure to exercise ordinary care for one’s own safety, that person cannot hold another liable for injuries proximately caused by such action even though the injuries may be in part attributable to the negligence of the other person.”

This case shows that when a plaintiff assumes a major risk, the assumption of risk doctrine will apply even when the defendant’s conduct was clearly negligent.

Landings Association, Inc. v. Williams, 728 S.E.2d 577 (2012)

This case shows how assumption of risk is applied in premises liability cases. In this case, 83-year-old Gwyneth Williams was killed by an alligator as she walked on a pathway along a man-made lagoon. Her family brought suit against the property owners. However, it was well-known in that area that alligators lived in the waters of the property. Moreover, the property owners warned residents in the area about the presence of the alligators. The Georgia Supreme Court found that although the property owners had a duty to keep the premise reasonably safe, that in this case Williams assumed the risk that an alligator could harm her.

Wilson v. Bicycle South, 915 F.2d 1503 (1990)

This product liability case was decided in the US Court of Appeals for the 11th Circuit, which is located in Atlanta. Although the case was decided in a federal court, Georgia state law was applied. The court determined that if a plaintiff voluntarily decides to use a product, despite knowing about a product’s defect and being aware of the danger the defect presents, they cannot recover in a product liability claim if the product harms them because they assumed the risk.

For More Information, Contact Williams Elleby Howard & Easter, Today

The attorneys at Williams Elleby Howard & Easter, are dedicated to helping personal injury victims with all types of personal injury claims, including auto accidents, “slip and fall,” premises liability, and product liability claims. If you would like more information or would like to discuss your case, call Williams Elleby Howard & Easter, today to schedule a free consultation at 833-LEGALGA.

The Mediation Process

mediation process personal injury

Mediation is a form of alternative dispute resolution whereby a neutral third party facilitates an agreement between the parties. It is a shorter and cheaper way to settle a dispute than litigation, and has the benefit of giving the parties full control of the outcome. It does, however, require parties to compromise. Unlike civil litigation, mediation is not an adversarial process; rather, the focus is on compromise. Mediation is a viable option in personal injury cases in Georgia.

Deciding if Mediation is Right for Your Personal Injury Case

The biggest reason to choose mediation is that it avoids expensive and lengthy litigation. The cost of court fees, expert witnesses, and other litigation costs can be significant. And, the expense of litigation is generally not compensable as a part of the damages in a case unless “the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.”

Mediation is also attractive because trials can be unpredictable. Mediation takes away the uncertainty of a jury or bench trial and lets the parties control the outcome. They can also take into account nuances and subtleties in the facts and the parties’ interests that would be lost at trial.

Finally, mediation is relatively risk-free. When a personal injury victim has an excellent case, they can always reject any settlement offers made during mediation and continue on towards trial instead. If you have been injured due to the wrongful actions of another, the attorneys at Williams Elleby Howard & Easter, can help you understand whether mediation is a good option for you.

Choosing When to Mediate

When the facts of a case are clear, it may be the case that both parties will be willing to mediate a claim right away. But in many personal injury cases, it isn’t clear whether mediation is the right choice until after the discovery phase has occurred and all of the relevant evidence is uncovered. At this point, each party has a good idea of how the case is likely to go, and they are thus in a better position to decide whether they want to take the risk of trial.

When a personal injury victim has a solid case, they will often choose to wait until after the summary judgment stage before agreeing to mediation, because after a claim survives this stage the final settlement value of the case will rise. Conversely, if the plaintiff’s claim is more questionable, a plaintiff may be eager to reach a settlement before reaching the summary judgment stage. Ultimately, an experienced personal injury attorney can determine when during the process mediation would be appropriate.

Choosing a Mediator

When parties agree to mediate, they are free to agree to any trusted third party they would like to act as their mediator. A personal injury mediator should be a practicing or retired attorney that understands Georgia tort law. The Georgia Commission on Dispute Resolution can help parties find a mediator. There are also private mediation firms with many excellent mediators. Three of the most popular in Georgia are Henning Mediation & Arbitration Service Inc. (https://www.henningmediation.com), Bay Mediation & Arbitration Services (https://www.bayadr.com), and Miles Mediation & Arbitration Services (https://milesmediation.com) . In other cases, the parties can request that the judge appoint a mediator.

Presenting Position Papers

The first step in mediation is to present the other side with a summary of your claim in the form of a position paper. This can also be a formal settlement demand. The mediator should also be given a copy of this document. A plaintiff’s position paper will address the merits of the claim and state the damages that are being demanded. A defendant may also have a position paper prepared.

Negotiating in a Joint-Session

After position papers have been presented and read, each side will explain their case. The purpose of this joint-session meeting is to make sure that each side fully understands the perspective and legal arguments of the other side. The mediator will objectively explain to both parties the likely outcome of a trial.

Holding Private Meetings as Needed

Following the initial joint-session meeting, the mediator will privately discuss with each side the strengths and weaknesses of their case. Any information learned by the mediator in these private sessions should remain confidential. The mediator will go back and forth as needed, acting as an intermediary to broker a compromise between the parties.

Reaching an Agreement

When the mediator feels that the parties are close to reaching a final agreement, the parties will come together again to discuss and then sign a settlement agreement. Most mediations can be completed in a few hours and take place in a single day.

If You Think You May Have a Personal Injury Claim, Contact Williams Elleby Howard & Easter, to Discuss Your Case

If you have been injured in an accident and would like to schedule a free consultation to discuss your case, call Williams Elleby Howard & Easter, at 833-LEGALGA today.

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.

Negligent Security at Sports Venues

negligent security sports venues

Negligent Security at Sports Venues

On April 14th, 2017, the Atlanta Braves beat the San Diego Padres in their season home opener at the brand new SunTrust Park in Cobb County. Just three days later, the Atlanta Journal-Constitution reported that the first arrest had been made at new Braves stadium. The culprit was arrested for trespassing, obstructing a law enforcement officer, public intoxication, and assault.

Unfortunately, such behavior is not uncommon at sporting events. The alcohol, adrenaline, and passion that can make the events more fun also present the risk of helping escalate a situation to violence. Violent crimes and even deaths have occurred at sports venues. In one tragic case, a 22 year old Phillies baseball fan was beaten to death in the parking lot of the Citizens Bank Park in Philadelphia in the culmination of a fight that began over spilled beer.

Not only will fans occasionally get out of control, but some criminals also target large sporting events. The huge numbers of people available to victimize and the anonymity provided by large crowds make sporting events a tempting location for thieves. Keeping yourself and your property safe at sports venues is important. While you have a duty to look out for yourself, sports venues also have a duty to prevent crime from occurring in the first place.

The Legal Duty of Sports Venues to the Attending Fans

The duty of a sports venue to provide proper security for fans stems from premises liability law. In Georgia, the general premises liability rule is found in Georgia Code 51-3-1, which holds that “Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.”

Thus, a sports venue has a duty to prevent foreseeable harm to the attendants. Georgia case law has clarified that this duty includes taking reasonable steps to keep invitees safe from the criminal acts of third parties. As Georgia courts have put it, property owners are “bound to anticipate and provide against what usually happens and what is likely to happen.” Because acts of violence and theft are common at sporting events, sports venues have a duty to provide security to prevent such actions. But, importantly, a plaintiff will not be successful with the claim if the particular crime was unforeseeable.

A sports venue also has a duty properly hire security guards. The guards or company that the sports venue contracts with to provide security must be competent to do the job. A sports venue is liable under a theory of negligent hiring if it knew or should have known the security hired was not suited for the job.

What to do if You’ve Been a Victim of Crime at a Sports Venue

If you have been the victim of a crime at a sports venue, you should contact an experienced attorney to investigate your case. The sports venue may owe you compensation. If you would like more information about this issue or would like to discuss your case, contact Williams Elleby Howard & Easter, at (409) 389-1035 today to schedule a free consultation.

What Does “Total Loss” Mean?

total loss vehicle accident

What Does “Total Loss” Mean?

If you were involved in a car accident, the insurance company might tell you that your vehicle is a “total loss.” This designation sometimes occurs even when it may not seem like the car is completely undrivable. Technically speaking, whether you can drive the vehicle may not have any connection to whether your vehicle is considered a “total loss” or not.

When the insurance company designates your vehicle as “totaled” or a total loss, it can be devastating because the insurance company will not pay for the vehicle repairs. However, they may also not pay for the full amount of what you need to replace your car.

What Constitutes a “Total Loss” in Georgia?

Insurance companies use the designation of “total loss” when the damage to the vehicle would cost more to repair than what the car is worth. These costs are most often associated with older vehicles, but even newer cars involved in serious accidents can be considered “totaled” as well.

Whether a vehicle is a “total loss” will vary depending on the insurance company. If it is not practical to repair the vehicle, even if the repairs would be less than the value of the vehicle, then the car may still be a total loss. Some companies have a standard percentage that they use, which is usually around 75 percent. That is, when the repairs would cost more than 75 percent of the value of the vehicle, then they would consider the car totaled.

What Happens After a Total Loss?

When your vehicle is considered a total loss, you usually have two options. First, your insurance company may provide you with the actual cash value of your vehicle before the accident. They will take your deductible out of this value, however. Second, the insurance company may take ownership of the vehicle, paying you for its value post-collision. You may also be able to repurchase it yourself as well.

These options are only available if you have a policy that covers total losses. Most liability coverages will address total loss, but it is important to review your insurance contract to fully understand your options.

Keep in mind that you still should continue to pay your insurance premiums even after your vehicle is considered a total loss. Moving quickly will allow you to avoid overpaying, however. Be sure to return the license plates as soon as you can after the accident.

Valuing a Vehicle After a Total Loss

Generally, your insurance company will work with a third party to value your vehicle for purposes of either purchasing it or repairing it. The insurance company will usually consider the following factors to evaluate the actual cash value of your car.

  • Retail value of a similar vehicle
  • Purchase price of your car
  • Any improvements you made
  • Prior unrelated damage

You can dispute the amount if you feel that it is not high enough. You should provide supporting documentation to assert that the actual cash value is greater than what the insurance company has provided. For example, if the third party assessing your vehicle did not consider your aftermarket upgrades, providing information about these updates may be helpful.

If you run into any disputes with your insurance company during this process, it may be beneficial to use the services of an experienced car accident attorney. Call our team at 833 – LEGALGA for more information.

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

A close-up of a wreck scene showing a teal car that has rear ended a gray SUV.

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.

Dangers of Distracted Driving

A female wearing a green shirt, sitting in a car, behind a steering wheel, holding both the steering wheel and her coffee in her left hand while looking into the sun visor mirror, putting on mascara.

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.

Proving Fault in an Auto Accident

The foreground shows a blue car hitting the back of a black car with a woman and a man standing in the background holding their phones.

Traffic accidents can raise complex issues of fact and law, particularly when determining which party is responsible. Georgia is an “at-fault state,” meaning the party at-fault in an auto accident is on the hook to pay for the expenses of the other party. In some cases, determining fault is easy, and the at fault party won’t even contest it.  However, most car wrecks require an in depth investigation of the facts to determine who is at fault.

The Standard of Care

All drivers on the road have a duty to act with reasonable care towards each other. When a driver breaches this duty, they are said to be negligent. When a negligent driver causes an accident, they are at-fault and owe the other party compensation.

Here are the main factors courts will look to when determining fault:

Whether Rules of the Road Were Broken

One of the most common ways that courts determine which party was at fault in an accident is by looking to see if any traffic laws, or “rules of the road,” were violated. Georgia’s rules of the road, which are a part of the Georgia Code, can be found here. When a violation of these rules caused or was a substantial factor in causing an accident, there is a presumption that the driver in violation was at fault. This is referred to as negligence per se.

However, even when a driver is found to be negligent per se, they still have an opportunity to refute the presumption of negligence and show that the accident was not their fault. Also, it is important to note that a violation of a traffic rule that was not actually a cause of the accident would not be relevant to the issue of fault.

The Type of Accident

For certain types of accidents, fault is predictable. A rear-end collision is almost always the fault of the driver of the vehicle who was coming from behind, because it usually means they were following too close or not paying attention. In accidents where a car is turning left and hits another car head-on, it is almost always the fault of the car turning left because they should have seen the oncoming traffic.

Courts will naturally pay attention to these patterns. But, there are many significant exceptions to these generalities. For instance, if a driver applies the brakes abruptly, cuts another car off, goes well below the speed limit, or was driving without functioning brake lights, they may be the one at fault when they get rear-ended. Similarly, if a left-turning driver is hit by a speeder or a person running a red light, the accident likely isn’t their fault.

What the Police Report Says

A police report can be powerful evidence of fault in a subsequent lawsuit. If you are ever in an accident that was not your fault, you should try to get one. Whether a police report will be available will depend on the severity of the accident, as well as where the accident occurred. Some cities, towns, and rural areas may not have the resources to create police reports for every accident; however, in most instances it will be possible to get one. For instance, Atlanta works to make car-accident police reports available to all those who request one.

If You Have Been in an Auto Accident, Williams Elleby Howard & Easter Can Help

If you have been involved in an auto accident, it is crucial to consult with a qualified attorney to understand your rights. Attorney Joel Williams has experience with these types of cases. He can investigate the facts of your case, explain your rights, and help you get a fair outcome. If you would like more information about this issue or would like to discuss your case, please call us at 833-LEGALGA to schedule your free consultation.