Tobin Admin, Author at Tobin Injury Law

Can an Intoxicated Pedestrian Recover if an Uber Driver Hits Her in the Middle of a Highway?

As Atlanta personal injury lawyers we regularly handle accidents involving Uber and Lyft drivers. Our law firm represents both injured drivers who are hurt by Uber drivers who cause the crash as well as Uber drivers who are injured by other drivers. In a recent personal injury case, the plaintiff appealed a trial court’s decision to… read more

Is Expert Testimony Required in a Construction Site Accident?

In most lawsuits, you do not need to have an expert say what the at-fault person who committed the wrongdoing did wrong. However, in some situations like medical malpractice cases or legal malpractice cases you do need an expert. Our Georgia personal injury lawyers Georgia residents trust know which cases necessitate expert testimony and which… read more

Can a Plaintiff Add More Defendants to Keep a Case out of Federal Court and in Georgia State Court?

Can a Plaintiff Add More Defendants to Keep a Case out of Federal Court and in Georgia State Court? Our Atlanta personal injury law firm handles all sorts of serious injury cases. We mostly focus on what we like to call “wheels cases” eg car, truck and motorcycle cases. However, we also handle product liability… read more

When is Summary Judgment Appropriate in a Georgia Civil Lawsuit?

When is Summary Judgment Appropriate in a Georgia Negligence Action? Summary judgment is a final decision by a judge that resolves a lawsuit. A litigant is entitled to judgment when there’s no dispute about the facts. A motion for summary judgment is designed to eliminate the delay and expense of litigating an issue when there’s… read more

Who Can Bring a Wrongful Death Case in Georgia?

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 Claim” and a “Wrongful Death Claim”. Our law firm handles both claims. The Estate claim addresses any medical bills the person incurred before he died…. read more

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 caused the driver to lose focus on the road which resulted in the accident. Cell phone usage is important evidence. And it can go both… read more

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 a trucking company was involved in a collision, and the victim asked the court for punitive damages. Background One night, while driving for the company,… read more

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 job as Atlanta personal injury lawyers Atlanta residents trust to garner full justice is to weed out the nonsense excuses from the real defenses. An… read more

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. In contrast, “constructive notice” is defined as information or knowledge of a fact attributed by law to a person (although he may not actually have… read more

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 claims, and then keep the money, they’re profitable. Sometimes, if they have to pay the claim, they try and get other carriers to pay before… read more