Articles Posted in Uncategorized

In exchange for being a licensed driver in Georgia, you agree to certain obligations. One of these is to carry a minimum amount of auto liability insurance. Like the majority of states, Georgia is an at-fault state when it comes to paying out after a car accident or covered loss. This means that the driver responsible for the accident is responsible for paying the expenses arising from the collisions. 

Georgia law requires drivers to carry: 

• $25,000 of bodily injury liability per person and $50,000 of bodily injury liability insurance per crash. This means that your insurance will pay up to $50,000 of expenses for bodily injury if multiple people are injured or killed in an accident. 

Although fewer teens are actually getting their driver’s licenses these days, a majority of 16- and 17-year-olds are still on the road. This age cohort is responsible for a larger percentage of car accidents than other groups as well, due to inexperience and the proliferation of smartphone applications that lead to distracted driving temptations. As a result, many people injured in car accidents are put in awkward situations when a minor is the at-fault driver and they are forced to file a lawsuit against the driver. What happens then?

Georgia Has Parental Responsibility Laws

The Georgia Code places liability on the parents or guardians of a minor who commits a tort against another person. A car accident that results in injury typically qualifies as a tort, which is the violation of a private legal right (other than breach of contract). 

The person who suffers physical harm in a personal injury case is not the only one who suffers. Someone has to pick up the slack around the house when it comes to chores. Someone else’s day-to-day life is upended when he or she has to shuttle to doctor’s appointments constantly. So, is there a way for loved ones of personal injury victims to recover damages, too? Yes, there is, and it’s referred to as “loss of consortium.”

“Consortium” is a Latin word that translates to “having a partner.” This can manifest in so many ways — through loss of intimacy, physical affection, and friendship, to name three.  Loss of consortium, however, encompasses much more than physical intimacy. Not having someone around to do yard work, prepare meals, or perform those menial tasks can quickly add up to stress for the healthy spouse. That’s another important note: only spouses are eligible for loss of consortium damages in Georgia. Unmarried partners may not access this legal avenue. Additionally, spouses must request loss of consortium damages within four years of the other spouse’s injury.

Loss of Consortium Damages are Difficult to Calculate

Between the push for citizens of the world to be more environmentally conscious and the limited options for recreation during the COVID-19 pandemic, cycling has almost never been more popular. Drivers of cars and trucks must pay extra close attention now to more bicycle riders than usual. After all, bicycles are considered vehicles in most contexts of Georgia law, so drivers are responsible for sharing the road with cyclists—and vice versa. 

Of course, an accident between a car and bicycle is completely different than an accident between two cars. Cyclists have much less infrastructural protection, for one, meaning that injuries sustained on a bicycle that collided with a car have a good chance of being catastrophic. As a result, many drivers who hit cyclists panic and quickly drive away from the scene. 

Uninsured/Underinsured Motorist Coverage

Gone are the days of standing perilously close to a busy city street and hailing a yellow taxi to take you to some other location uptown or downtown. Now, you can “hail” a cab from the comfort of your own home and convenience of your smartphone. The two most popular applications for ride-sharing services are Uber and Lyft, and each app handles millions of transactions each day. 

With so much traffic (vehicular and digital) flowing through these apps, auto accidents associated with the apps are bound to happen. In a typical fender-bender, the at-fault driver typically has to pay up through his or her insurance carrier—usually a fairly straightforward process. What happens, though, when a driver for one of these ride-sharing companies (classified as an independent contractor) is involved in a serious car wreck? The fallout is fairly complicated, but we lay out below what you should expect. 

What Happens if you are Injured by a Ride-Sharing Driver?

Through all the pain, turmoil, stress, and financial distress you go through after suffering a serious personal injury due to someone else’s negligence, you would think that getting compensation for your troubles is easy. Unfortunately, this isn’t always the case. Defendants in personal injury cases will try anything (within reason) to either avoid paying you, the plaintiff, or, at the very least, decrease the amount they have to pay you. This blog will cover four common ways defendants may contest their liability in a personal injury case. 

1. You didn’t take actions to mitigate the damage to your health and wellbeing. The defendant, more or less, admits that their negligence or actions caused harm to you. However, this defense is activated when the defendant claims that you didn’t take reasonable actions to mitigate, or lessen, your injuries. For instance, you might encounter this defense if you waited a day or two to get medical attention after a serious car accident. 
2. You assumed the risks involved (assumption of risk). To successfully use this defense in a personal injury case, the defendant must convince the judge or jury of three things: