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
How to Recover Attorney Fees in a Personal Injury Lawsuit Under OCGA Section 13-6-11
A Georgia court was asked to rule on litigation expenses in a personal injury action. The expenses of litigation typically aren’t allowed as part of the damages awarded to a
Statutory-employment theory, and tractor accidents
The question of who was responsible when a commercial truck was involved in an accident was recently heard before the Georgia Court of Appeals. After picking up a load of
As a Parent, Are You Liable for Your Child’s Accident Just Because He’s Your Child?
As a Parent, Are You Liable for Your Son’s Accident Just Because He’s Your Kid? Brandon and Linda Sowell’s 10-year-old son, Pete, had their permission to ride his big brother’s