Who Can Bring a Wrongful Death Case in Georgia? There are two types of claims that a surviving family can bring after someone in their family is killed: an “Estate
Can a Cellphone Expert and Cell Phone Evidence be Excluded in a Commercial Vehicle Accident Trial?
Holding your cell phone while driving is illegal in Georgia. In many of our cases, we find that drivers were holding and using their cell phones and that’s likely what
When Can a Judge Deny Punitive Damages in a Truck Accident Trial and Dismiss the Case?
When Can a Judge Deny Punitive Damages in a Truck Accident Trial and Dismiss the Case? This case arises from a motor vehicle collision where a commercial truck driver for
Act of G-d Defense in a Car Accident
We see all sorts of defenses. Oftentimes at-fault drivers don’t want to take full responsibility when they clearly are at fault. In some instances, they are right. Part of our
Can a Plaintiff Offer Evidence of Past Accidents to Show Constructive Knowledge?
The issue of constructive knowledge was at the core of a lawsuit heard by the Eleventh Circuit Court of Appeals. “Actual notice’ is defined as notice expressly and actually given.
Which Insurance Policy Must Pay First in a Commercial Vehicle Accident?
Which Insurance Policy Must Pay First in a Commercial Vehicle Accident? Insurance companies don’t like to pay on claims. Why would they? If they can take the premiums, deny the
No Duty If the Danger is Open and Obvious
What is Georgia’s “Open and Obvious Danger” Rule? A plaintiff filed a lawsuit after an incident while he was injured while changing the tire of his family’s 2006 Dodge Caravan.
What Evidence is Required to Prove a Slip and Fall Action?
What follows below is an analysis of a slip and fall. Procedurally, the skating club filed a motion for summary judgment, which the trial court granted. On appeal, the plaintiff
Can a Car Accident Video Posted to Facebook Be Used in Court?
The Georgia Court of Appeals recently heard the appeal of a convicted an automobile driver of two counts of homicide by vehicle in the first degree and one count each
Essential Terms of an Offer and the Insurance Company’s Obligation to Comply With Those Terms
When a victim’s lawyer makes an offer to an insurance company, the victim’s lawyer almost always includes terms as part of the offer. It is important for the insurance company