Category: Personal Injury

AAA: Dashboard Gadgets Increase the Likelihood of Accidents

A closeup of a red car with a damaged right headlight after a car accident.

How distracting are new dashboard gadgets?

When it comes to car manufacturers, the newest arms race for marketing a make or model is the inclusion of so-called infotainment systems. These combinations of hardware and software installed in vehicles can give the driver options to send text messages, navigate, or turn on a new podcast. But according to a new study from AAA, these technological advances can be a dangerous distraction and these dashboard gadgets are leading to more accidents.

The study, which was performed by the University of Utah on behalf of AAA, sought to rate 30 different 2017-model vehicles by how much attention their infotainment systems demanded. The participants in the study were between the ages of 21 and 36 years old. During the course of the study, the participants would use voice commands and touch screens to place phone calls, send text messages, navigate, or listen to music.

The study separated the vehicles into four groups based on the overall demand for attention each vehicle required of its driver. These four demand groups were Low, Moderate, High, and Very High. In the end, none of the 30 vehicles were considered to have an infotainment system that had low demand. Out of the remaining three groups, seven required a moderate demand of their drivers, 11 required high demand, and 12 required a very high demand.

The study tracked four activities that diverted driver attention leading to more accidents:

Listening to the Radio
Tuning the Radio or Talking on the Phone
Texting
Using GPS Navigation

According to the study, merely listening to the radio was the least demanding, but it still involved a low level of demand for the driver’s attention. Changing the radio station or speaking on the phone was the second least-demanding, followed by texting. The study found that attempting to use GPS navigation was by far the most distracting aspect of infotainment systems in the models surveyed.

Researchers found that drivers took their eyes off the road for up to 40 seconds at a time while attempting to operate dashboard gadgets, such as the GPS navigation system, in some of these vehicles. To put that amount of time into perspective, a distraction of only one or two seconds is enough to lead to a collision.

It is easy to blame accidents on the addition of screens or even visual technology within windshields, but researchers are quick to point out that even voice-activated controls can be dangerous. The research shows that anything that diverts a driver’s attention from the core function of operating a motor vehicle can lead to an accident.

Injured in an Accident? Contact a Georgia Attorney

Distracted driving has long been a major threat on Georgia roadways. If you suffered an injury in an accident caused by a distracted driver, you should contact an experienced personal injury attorney immediately. Attorney Chase Elleby is an experienced trial lawyer who has obtained substantial settlements and verdicts on behalf of his injured clients. Williams Elleby Howard & Easter, will evaluate your case for free and accepts cases on a contingency fee basis. That means you won’t pay us anything unless we successfully obtain the compensation you deserve in your case. Williams Elleby Howard & Easter, is located in Kennesaw, Georgia, but represents injured clients throughout the state. To set up your free consultation, contact Williams Elleby Howard & Easter, at 833-LEGALGA.

Bedsores: Can a GA Nursing Home Be Held Liable?

Bedsores are one of the most common injuries that occur in Georgia nursing homes. When you place a loved one in a nursing home, it is typically because they can no longer care for themselves and you are not able to provide the care they need. When you choose a nursing home, you are entrusting the nursing home’s administrators and staff with one of the most important duties imaginable: caring for another human being, your loved one.

Finding out that your loved one has developed bedsores can understandably feel like a violation of that trust. In Georgia law, you may have a legal claim against the nursing home and/or some of its staff members for the harm.

Pressure Ulcers and Bedsores

Pressure ulcers and bedsores are two different terms for the same condition of skin sores that develop as a result of limited blood flow to an area. Blood flow is limited when a part of the body is pressed up against something, like a bed or wheelchair, for a long period of time. Bedsores are more likely to develop on the skin atop bony areas such as the hip, ankle, back of head, and tailbone.

Bedsores range in severity from a red, swollen area on the skin’s surface to a deep open wound that may never fully heal. Their severity is identified by stages; stage 1 is the least severe and stage 4 is the most severe. More severe cases can lead to severe complications including sepsis, which is a body-wide infection, and even death.

Causes of Pressure Ulcers

Bedsores are a common problem in nursing facilities, particularly among patients with limited or no independent mobility. These patients are often spending the bulk or all of their days in bed or between a bed and a wheelchair. Being in the same position creates pressure at certain spots, which cuts off blood flow and causes bedsores.

Nursing homes sometimes argue that pressure ulcers and bedsores are unavoidable, but this is deceptive. It is true that even with the best nursing home care, pressure ulcers and bedsores sometimes develop. However, there are ways to significantly reduce the risk of bedsores. In fact, the Model Systems Knowledge Translation Center estimates that 95% of all pressures sores are preventable.

Legal Liability for Pressure Ulcers and Bedsores

Two of the most important steps for preventing bedsores in nursing home patients are repositioning the patient frequently and make sure skin is kept dry. This means nursing home staff must promptly clean up any urine or feces for bedridden patients. Nursing homes are obligated to take these and other steps to prevent pressure sores. They must also provide adequate medical care for any bedsores that do develop. Unfortunately, nursing homes do not always live up to these responsibilities.

Get Legal Help for Nursing Home Malpractice and Negligence

There are far too many cases where a Georgia nursing home resident’s bedsores could have been avoided or complications minimized if the nursing facility provided the care it was ethically and legally required to. Fortunately, nursing homes and their staff can be held liable for their misconduct.

Proving that pressure ulcers and bedsores are the result of negligent or intentional misconduct by a nursing home or its staff members and not an unavoidable consequence of being largely bedridden, can be difficult. Having counsel experienced in nursing home lawsuits can improve your likelihood of successfully obtaining fair compensation. If you would like more information or would like to discuss your case, contact Attorney Marc Howard at Williams Elleby Howard & Easter today to schedule a free consultation by calling 833-LEGALGA.

Georgia’s Dram Shop Law & Drunk Driving

A wooden table with a glass of whiskey, car keys and handcuffs.

If you have been injured in a vehicle collision with a drunk driver in Georgia, you may be able to pursue a claim against the restaurant or bar that over served the drunk. In Georgia dram shop lawsuits, the drunk driver isn’t the only party you can hold responsible. If an establishment knowingly over served the driver with alcohol prior to the accident, you may also have a claim against that establishment . This claim may be brought thanks to what’s known as Georgia’s dram shop liability laws.

What Is a Dram Shop Law?

Georgia is one of 30 states nationwide to adopt some form of dram shop liability. While dram shop lawsuits are somewhat uncommon, Georgia juries have previously rendered significant verdicts against establishments that overserved drivers.

If a proprietor of a bar or one of their employees knowingly serves alcohol to a visibly intoxicated person, they may face liability if the intoxicated person goes on to injure someone in an alcohol-related accident.

In addition to visibly intoxicated patrons, dram shop laws also apply to anyone who serves a person less than 21 years of age. It makes no difference if the minor used a convincing fake ID to obtain alcohol; it is up to the establishment to determine when an ID is valid.

However, there are some exceptions to the rule. If the drunk driver consumes their own alcohol at the establishment, there is no liability on behalf of the owner or any employees. This is especially true in cases where an establishment does not sell alcohol at all. Additionally, there is an exception if the proprietor or employee has reason to believe the driver would not be driving later. Examples include if the driver had walked to the bar or had a cab waiting. Dram shop laws don’t apply in these situations.

Enforcement

It is up to business owners and employees to act with care when serving alcoholic beverages. The Georgia Department of Revenue is empowered to regulate alcohol license infractions, one of which has restrictions on overserving alcohol to patrons. But an investigative report has shown that they make little effort in actively policing bars and restaurants in an effort to curb overserving. While other states actively investigate bars to determine if they avoid overserving, the Georgia Department of Revenue has a reputation for not being as vigilant.

Discuss Georgia Dram Shop Laws With Our Georgia Dram Shop Lawyers

If you or a loved one have been injured in a Georgia traffic collision by a drunk driver, you may be entitled to seek monetary compensation from the responsible party. That compensation may include your medical bills, pain and suffering, property damage bills, lost wages, and punitive damages. And if the drunk driver that struck you was over-served by a Georgia bar or night club, you may be able to seek recovery from the establishment as well as the driver.

Attorney Joel Williams has a proven track record of recovering significant damages on behalf of his clients. Our experienced Georgia personal injury attorney, Joel carefully investigates every case to identify any legal issues and to provide his clients with an understanding of what to expect with an injury lawsuit. Contact Williams Elleby Howard & Easter today at 833-LEGALGA today for a free consultation.

Georgia Ranks 6th on the List of Deadliest States for Pedestrians

Pedestrian crossing street at a crosswalk with a white car about to hit him.

Pedestrians walking near or across busy roadways are vulnerable. While that is true across the country, some areas are more dangerous for pedestrians than others. According to a recent study, Georgia ranks as one of the deadliest states for pedestrians in recent years.

Pedestrian Deaths in Georgia

According to the nationwide study of pedestrian deaths between 2008 and 2017, Georgia ranked sixth among states for the most pedestrian deaths caused by motor vehicle accidents. During that time, 1,782 pedestrians were struck and killed in the state, which is approximately 184 annually. That works out to exactly 1.76 pedestrian deaths for every 100,000 Georgia residents during that time frame. That is noticeably higher than the national average of 1.55 pedestrian deaths per 100,000 people.

According to the data, Florida tops the list as the deadliest state for pedestrians during the time span studied. In Florida, 5,433 pedestrian deaths were reported, which worked out to 2.73 annual deaths for every 100,000 residents. That is nearly double the national average.

Atlanta Statistics

When it comes to pedestrian deaths in Georgia, the Atlanta area is far and away responsible for the majority of deaths. With 1.79 pedestrian fatalities in the Atlanta area for every 100,000 people, the city has a higher death rate than both the state and national average.

Some experts point to the nature of Atlanta’s transportation infrastructure. The area relies on motor vehicles over mass transit at a much higher rate than other large cities. The result is more congestion on Atlanta’s roadways, more accidents, and more fatalities.

Another issue raised in Metro Atlanta is the poor condition of many city sidewalks. In some places, the sidewalks are in such disrepair that it is necessary to walk on the road. While efforts have been underway to fund the repair of these sidewalks, those efforts have stalled due to a funding shortage. The result is a partial cause for the high rate of pedestrian fatalities in the city.

Trends

Despite advancements in car technology, the problem of pedestrian fatalities is not going away. While 2017 reflected a slight drop from the previous year, the annual death total has increased significantly across the 10-year study. On average, 13 pedestrians are killed in America each day. That works out to a death every one hour and forty-six minutes.

Injured in a Pedestrian accident? Contact One of Our Atlanta Area Personal Injury Attorneys Today.

It is the responsibility of Georgia drivers to keep a look out for pedestrians while driving. Even a brief lapse in judgment can lead to deadly consequences if a driver strikes a defenseless pedestrian with their vehicle. Whether caused by a drunk driver, distracted driving, or merely inattention, the result of a vehicle striking a pedestrian can be life-altering. If you have been hit by a car, you may be entitled to compensation for the injuries you have suffered. Your potential damages go beyond just your hospital bills, as the responsible party may also be required to pay your lost wages as well as pain and suffering. To learn about your options, contact the experienced personal injury attorneys with Williams Elleby Howard & Easter at 833-LEGALGA.

Can a Car Accident Cause Scoliosis?

An older male doctor examining a male patient holding one hand on his neck and the other on his back.

Scoliosis is the curvature of the spinal column and it can be exacerbated by a car accident. While the spinal cord is typically straight, a bent or curved spine can lead to issues like back pain. If a negligent driver causes or exacerbates your scoliosis, you may be entitled to recover damages.

Although some studies suggest that scoliosis can be caused by trauma, the majority of scoliosis cases have no known cause. The important thing to remember after a car accident in Georgia is that a pre-existing diagnosis of scoliosis will not bar a personal injury claim after a car accident. This is because Georgia law allows a person to recover when a pre-existing condition is made worse or aggravated by trauma.

The Effect of Scoliosis

Scoliosis can lead to debilitating back pain. But unlike some injuries, you can’t count on scoliosis to heal naturally on its own. Without proper treatment, it is possible that your pain will be so severe you could be unable to work, drive, or care for yourself.

The methods for treating scoliosis can vary. In some cases, regular visits to your chiropractor can successfully straighten your spine and relieve your pain. In other cases, you may need to wear a back brace for extended periods in order for your scoliosis to resolve. In the most severe cases, you may require surgery to relieve the pain.

The Causes of Scoliosis

There are a variety of causes of scoliosis. Many people are born with scoliosis or deal with the condition from a young age. In some cases, it is so minor that it does not affect your quality of life. But some studies suggest that scoliosis can be caused by physical trauma like a car accident. There is little doubt that physical trauma can make the pain caused by scoliosis worse. This can be a trying experience for anyone injured in a wreck who has not previously experienced back pain.

Filing an Injury Claim for Scoliosis

When it comes to an injury claim related to scoliosis, the help of an experienced Georgia injury attorney can be invaluable. The responsible party, their attorney, and the insurance company will normally deny your claim and argue that your car wreck did not cause the scoliosis.

If you are suffering from the effects of scoliosis due to the negligence of another driver, you may have a case for damages. And if your pain is so severe that you are unable to work, those damages can add up fast. You could face the financial burden of medical bills and lost wages in addition to your pain and suffering. It is important to keep a log of any pain you are experiencing, as well as a record of medical bills. This will ensure that you are prepared should you decide to try to collect compensation.

In many cases, a car accident attorney in Georgia may be able to negotiate a favorable settlement without ever filing a lawsuit. However, if the responsible party refuses to pay, an attorney can file suit and pursue your damages through the court system.

If you are dealing with the effects of scoliosis brought on by a vehicle accident in Georgia, attorney Joel Williams and his staff are ready to help. Joel is an experienced Georgia personal injury attorney with an extensive track record of obtaining favorable results for his clients. To learn more, contact Williams Elleby Howard & Easter today at 833-LEGALGA for a free consultation.

Punitive Damages in a Georgia Personal Injury Case

A view from behind a steering wheel of a car showing a man drinking out of a flask while driving.

A Georgia personal injury lawsuit is a civil case, not criminal, so there is no jail or prison time at stake; however punishment may be available in the form of punitive damages. Sometimes a defendant’s behavior is so shocking and appalling that the law wants to do all that it can to prevent it from happening again. One way the law can do this is by making a defendant pay punitive damages. Punitive damages are also known as exemplary damages — damages meant to make an example out of the defendant so that behavior doesn’t continue.

Punitive Damages vs. Compensatory Damages

Compensatory damages in a personal injury case serve to compensate the victim for what they lost or spent, or any expenses accrued due to the accident. Compensatory damages are available to compensate a victim for a loss.

Punitive damages serve an entirely different purpose. Their purpose is not to compensate the plaintiff, although the plaintiff does receive the damage award. Courts and juries award punitive damages when the behavior of the defendant demonstrates an intentional disregard for the rights of another. Miller v. City Views at Rosa Burney Park GP, LLC, 323 Ga. App. 590 (2013). The purpose is to punish and deter the defendant from repeating the same action. As such, courts don’t award punitive damages in every personal injury case. Another important difference is that punitive damages have to be requested when the complaint is filed; otherwise, they cannot be pursued at trial — they are not automatically awarded.

Burden of Proof for Being Awarded Punitive Damages

The victim plaintiff must prove by “clear and convincing evidence that the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.” Caldwell v. Church, 341 Ga. App. 852 (2017) quoting O.C.G.A. § 51-12-5.1. A good example of clear and convincing evidence under Georgia law is evidence that an adverse driver was drunk or under the infuence of drugs when he or she caused a car crash. This meets the “clear and convincing evidence” standard required for punitive damages.

Limits to Punitive Damages in Georgia

In most cases where punitive damages are awarded, Georgia has set a maximum limit of $250,000.

This maximum limit does not apply to product liability cases. There is also no maximum limit when a court finds that a defendant “acted or failed to act with the specific intent to cause harm, or that the defendant acted or failed to act while under the influence of alcohol [or] drugs.”

This means that if the defendant intended harm either by deliberately acting or doing nothing at all and allowing harm to come to the victim, the defendant could face punitive damages. If the defendant harmed the victim due to being intoxicated on either drugs or alcohol, punitive damages are likely to be awarded.

Contact Our Georgia Personal Injury Attorneys Today

If you or a loved one is a victim of a personal injury, punitive damages can and should be explored. You will need an experienced attorney in Georgia who can help you navigate the complex system. If you have questions about the law and your rights, contact the Williams Elleby Howard & Easter law firm to schedule a free consultation by calling 833-LEGALGA.

Obtaining a Car Accident Report in Georgia

A typed list describing types of vehicle collisions including head-on, side swipe, rear end, broadside, etc.

While a car accident is a stressful event, there is a very clear process in place to obtain a car accident report in Georgia. The first thing that you should do after a car accident is to call the police and report the accident. The police report will be a vital piece of evidence for your personal injury claim. If you file a personal injury claim with an automobile insurance company, the insurer will most certainly ask whether an accident report was filed and then ask for access to it.

What Is a Car Accident Report?

A car accident report is a document that the responding police officers fill out while at the scene of the accident. It captures essential information about the who, what, when, where, and how of the accident. Specifically, this includes:

The names, addresses, contact number, and insurance information for those involved in the accident — this includes the drivers and passengers in both vehicles
Vehicle damage
The date of the accident
The time of the accident
The location of the accident
Contact information for any witnesses to the accident
Any injuries
Additional notes on behavior or circumstances surround the accident

How Do You Obtain a Car Accident Report?

There are usually two ways that you can obtain a copy of the police report: paid or free. If you do not want to spend any money, then after you file a claim with your insurance company, you can ask if they can obtain a free copy for you. If you decide to take the paid route, you will use the receipt number that the responding police officer provided to you at the scene of the accident and contact the traffic division of the police department to request a copy. You will be required to pay a fee, but it is usually nominal. You can also access most Georgia Uniform Motor Vehicle Accident Reports at the website https://www.buycrash.com. If you do not have the police report receipt from the responding officer, you can still get a paid copy from the traffic division by providing specific details of the accident as well as your name. Usually a letter with the following language will be sufficient to obtain the accident report and other publically available evidence you may need: “Pursuant to the Georgia Open Records Act (O.C.G.A. § 50-18-70 & 50-18-71), I am requesting a complete copy of the original motor vehicle accident reports, photographs, dash cam videos, and any additional documentation you may have regarding an automobile wreck I was involved in on [INSERT DATE OF YOUR WRECK] in [INSERT COUNTY] at [INSERT ROAD NAME WHERE THE WRECK OCCURRED].”

How Is a Car Accident Report Used in a Lawsuit or Settlement?

Prior to trial, a police report is extremely useful during settlement negotiations with the automobile insurance company. Unfortunately, the complete police report is usually not admissible evidence if your personal injury case ends up going to trial. Some portions of the report may be admissible while other portions are not.

For More Information, Contact Our Georgia Car Accident Lawyers

Obtaining a car accident report is pretty straightforward and painless — which is a good thing considering how important it is to your Georgia car crash case. If you have recently been in a car accident in Georgia and think that you may want to file a personal injury claim, it’s best to seek out an experienced legal professional. Contact Williams Elleby Howard & Easter to schedule a free consultation by calling 833-LEGALGA.

Atlanta City Council Increases Bikeshare Regulations Due to Injuries

A man woman and a child ride their bikes down a treelined street.

Bikeshare Regulations

The explosion in popularity of e-scooters — dockless, sharable electric scooters that are rentable by the minute — isn’t hard to understand. These scooters are available on street corners throughout Atlanta and provide a cheap way to explore the city. But while initial reaction to the introduction of these scooters and bikes was positive, a high number of accidents led the city of Atlanta to consider additional bikeshare regulations. In January of 2019, the Atlanta City Council took action by implementing safety regulations intended to curb the problem.

Wrecks and “Bike Litter”

The new ordinance, which passed almost unanimously, makes sweeping changes to the operation and storage of these vehicles. The ordinance bars riding on sidewalks and also operates where these bikes and scooters can be docked or parked. The ordinance also restricts e-scooters to a speed limit of 15 miles per hour. The ordinance does not apply to shared bikes, including those with electric power. The ordinance also sets requirements including a bar on more than one person riding a scooter at a time.

One of the significant issues the ordinance intends to address is the problem of “Bike Litter.” It has become commonplace in Atlanta for e-scooters to pile up in stacks of a dozen or more e-scooters or bikes. Often, these piles block pedestrian access to the sidewalk or are inches away from traffic. Bike Litter is more than a nuisance, as pedestrians attempting to avoid the sea of e-scooters have injured themselves trying to go around or through the stacks of bicycles.

New Penalties for “Bike Litter”

Under the new ordinance new ordinance, participating e-scooter companies must require riders to park all bikes and scooters in an upright position with plenty of room for pedestrians to pass. The consequences of failing to do so are severe. The city can levy a fine of up to $1,000 per day for each bike that is not parked according to the ordinance. What’s more, the patron of the e-scooter company must pay the fine, not the company itself. The city council hopes that these steep fines will help eradicate the issue of Bike Litter.

While support for the ordinance was near-unanimous, there was a vocal contingent within the council that the city of Atlanta needs to address the issues with their streets comprehensively to resolve some of the safety issues that surround e-scooters and bikes. According to the executive director of the Atlanta Bicycle Coalition, the underlying cause of e-scooter riders traveling on sidewalks stems from the unsafe nature of the city’s streets.

Injured in an e-Scooter Accident? Discuss Your Case With a Georgia Personal Injury Attorney

While the Atlanta City Council is optimistic that these regulation changes will cut down on the number of injuries caused by e-scooters and bicycles, the sheer volume of these vehicles will inevitably result in injuries. If you suffered an injury in a collision with the rider of an e-Scooter or bicycle, the experienced personal injury attorneys at Williams Elleby Howard & Easter can help. To discuss how an experienced attorney can help you recover damages stemming from your accident, contact Williams Elleby Howard & Easter at 833-LEGALGA today for a free consultation.

Rapper TI’s Sister Killed in Georgia Traffic Accident

The inside of a wrecked vehicle with a shattered windshield, crocked rearview mirror and deployed airbag.

Precious Harris, the sister of rapper T.I. that regularly appeared on the reality show T.I.’s Family Hustle, died as a result of a vehicle accident in Atlanta on February 12, 2019. Her granddaughter, a passenger in the vehicle, was treated for chest pain but was ultimately released from the hospital.

The Accident

Harris, 66, was operating a 2013 Dodge Avenger owned by her brother on February 12 when she collided with a telephone pole in Atlanta. Emergency personnel rushed Harris to the hospital where she remained unresponsive in the intensive care unit. On February 22, Harris died from her injuries.

According to later reports, Harris suffered an asthma attack before the collision. According to her granddaughter, the attack was so severe that Harris passed out behind the wheel. After losing consciousness, the car crashed into a nearby pole. No other vehicles were involved in the collision. Although Harris was still breathing when emergency personnel arrived on the scene, she was quickly rushed to the hospital after she began foaming at the mouth.

Medical Emergencies and Traffic Accidents

The accident that cost Harris her life thankfully didn’t involve other drivers. However, if Harris had struck and injured another driver after her sudden asthma attack, Georgia law may have prevented the injured party from recovering damages from Harris.

A genuine medical emergency can render a driver incapable of controlling their vehicle. Because this loss of control is involuntary, a bona fide medical emergency is a complete defense to a negligence case under Georgia law. In other words, if a driver causes an accident that would otherwise constitute negligence, they are not at fault for the damages of anyone they injure if a medical emergency caused the crash. An emergency can be the result of an unknown medical condition or an unexpected reaction to prescribed medication. This is bad news for any injured party hoping to recover their damages from the driver or their insurance company.

While this defense may sound insurmountable, there is an important caveat. If the driver that suffered the medical emergency had notice that the medical condition could cause them to lose control of their vehicle, they are not entitled to use their medical emergency as a defense to avoid liability. That’s because any driver that was aware of the risk of driving with that condition and ignored it is not operating with the necessary ordinary care.

In cases like this, having a strong personal injury attorney can make the difference between recovering the damages you deserve and walking away with nothing. Whether a defendant had notice of their condition is a matter for the court, and it is up to your attorney to prove that the medical emergency defense should not apply in your case.

If You Have Been in a Georgia Traffic Accident, Contact Williams Elleby Howard & Easter Today

Every driver has the duty to remain focused behind the wheel and drive in a safe manner; those who don’t will face liability for any people they injure or property they damage. And while it is a complete defense if an accident occurs due to an unexpected medical emergency, the truth is that some drivers use this excuse to avoid liability. If you suffered an injury in a car accident, you need a zealous advocate who will hold the other party responsible for their actions. If your accident occurred in the Georgia, the attorneys you need are at Williams Elleby Howard & Easter. To discuss your case with an experienced Georgia personal injury attorney, contact Williams Elleby Howard & Easter today at 833-LEGALGA.

Who Is Responsible for a Georgia Rear-End Accident?

A side view of the smashed frontend of a silver car rearending a black car.

It is a commonly held belief by many Georgia drivers that the fault in a rear-end collision is easy to determine and that the driver that rear-ends the other is always at fault. And while that is usually the case, the reality is that there are exceptions to this rule. Rear-end collisions make up a large portion of the more than 385,000 traffic accidents that occur in Georgia each year. That’s why it’s important to understand when drivers may share fault in a rear-end collision, as these accidents contribute to Georgia’s relatively high cost of insurance. Shared fault can have a major impact on a personal injury claim due to Georgia’s adoption of contributory negligence laws.

What Is Contributory Negligence?

Under Georgia’s contributory negligence laws, a plaintiff in a personal injury lawsuit may recover a portion of their damages even when they bear some of the responsibility for the collision. The jury in the case will make a determination of what percentage at fault the plaintiff is. The jury will then take this “fault percentage” and apply it to the total value of the damage in the case. For example, if the jury finds there were $100,000 worth of damages but the plaintiff was 30 percent at fault, the plaintiff will lose 30 percent of their recovery. The end result would be an award of $70,000 for the plaintiff. In cases where the plaintiff is partially at fault for a rear-end collision, the total recovered will be reduced. If a jury ultimately determines that the plaintiff was primarily at fault for the accident, the award will be zero.

Examples of Shared Fault Georgia Rear-End Collisions

There are a handful of scenarios in which liability for a rear-end crash could be split. The first and most common is when the driver of the front vehicle makes a sudden maneuver. This can include anything from a rapid lane change or a sudden stop. While the following driver has a duty to not follow too closely behind the front vehicle, there may be a case for split liability if the driver of the front vehicle makes a move that is so sudden that a collision could not reasonably be avoided.

Another common example where liability for a rear-end collision could be split is the presence of a mechanical defect or failure. If the front driver knowingly operates a vehicle without working brake lights or turn signals, there is a strong argument that the front driver is liable. This includes both mechanical defects as well as a driver’s failure to activate a car’s headlights or blinker.

If You’ve Been Rear-Ended in Georgia, Contact Williams Elleby Howard & Easter Today!

In the vast majority of cases, a driver can prevent causing rear-end collisions by traveling at a safe distance behind the car in front of them and paying close attention to traffic and road conditions. If you have suffered an injury from a rear-end collision, contact an experienced Georgia personal injury attorney right away. Your attorney will explain the process of recovering your damages to you and help gather evidence in preparation for trial. If your case ends up before a jury, your attorney will use that evidence to make the case that it was the defendant’s lack of care that caused the accident, not yours. To discuss your case with an experienced Georgia car accident attorney, contact Williams Elleby Howard & Easter today at 833-LEGALGA.