Posted On: March 29, 2010

Drunk Drivers who Cause Car Accidents Can be Civilly Punished in Georgia

Despite the media spotlight shifting to car accidents caused by driving and texting, the number one killer remains drunk driving in Georgia. As drunk driving car accident lawyers, we civilly prosecute drunk drivers who injure and kill innocent victims across the State of Georgia. This traffic camera video of a drunk driver plowing into an unsuspecting victim demonstrates the human consequences to selfish decision making. One victim was killed and another was left with a serious brain injury. The victim's parents want this video spread as far as possible to deter other drivers from making this tragic decision.

Although the criminal justice system is charged with the primary responsibility for punishment, Georgia law also recognizes that there should be a civil punishment for drinking and driving when you cause an injury. O.C.G.A. ยง 51-12-5.1 provides for punitive damages when the person behaves with a reckless indifference to the consequences of their behavior.

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Posted On: March 27, 2010

Kentucky Tractor Trailer Crash and Questions of Faith and Law

When you read the CNN coverage on the head on crash between a tractor trailer and a Mennonite Church van in Kentucky that took 11 lives, the divergence between the effect of God's law and man's law is illustrated. Friday morning a tractor trailer driver crossed the center line in Kentucky and took the lives of 11 people headed to a Mennonite wedding. Georgia wrongful death.JPGAlthough our thoughts and prayers are with these unfortunate souls, I cannot abide the perspective of the church member mentioned in the article because to follow that path is to encourage this to happen again to other people.

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Posted On: March 21, 2010

Atlanta Wrongful Death Lawyers Explain Unusual Macon Decision

There is a very unusual Georgia wrongful death decision out of the State Court in Bibb County that was recently upheld by the Court of Appeals. Georgia wrongful death.JPGIt has the potential to drastically affect wrongful death cases involving Georgia uninsured motorist insurance coverage. Smarr v. Richardson et al. involved the death of a young man in a car crash caused by a driver with $100,000.00 in liability insurance through Allstate. As we have discussed previously, a Georgia wrongful death case has two components, the statutory claim for the value of the life and the claim by the Estate of the deceased for pain and suffering, medical expenses, fear of imminent death and funeral expenses. In Smarr, Counsel for the family of the young man chose to allocate $99,900.00 of the Allstate money to the statutory claim and $100.00 to the Estate claim.

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Posted On: March 15, 2010

In Georgia, a Car Insurance Policy Cancellation is Not Effective for Ten Days

The Georgia Supreme Court issued a decision today on cancellation of car insurance and although I don't think it was very interesting, it reminded me a case that we handled that was and has some bearing for Georgia consumers. We took a case for a badly injured woman who had been involved in a car crash as a passenger. The driver had driven off the road and flipped the vehicle. In response to our request for insurance information, the insurance company claimed they had canceled the policy for non-payment of premium at midnight, six hours before the crash. cotton states car insurance.JPG

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Posted On: March 7, 2010

Georgia Wrongful Death Lawyers Use Odd Caveat in the Law to Help Family Recover

The firm is working on the tragic wrongful death case of a child run over by an elderly driver in Cobb County. As all Georgia wrongful death lawyers know, there often is not enough insurance to assist the family in recovering from the devastating loss. karla.JPGIn this case, the driver that killed the little girl only had a $25,000/$50,000.00 policy. That means that the most the policy will pay is $25,000 per person injured or $50,000.00 total per wreck. Here, the mother of the child was standing 2 feet from the little girl as she stepped from the school bus into a blocked off cul de sac. The defendant driver swerved around 2 cars stopped behind the bus, ran onto the curb and past the cars, past the bus and ran the girl down 2 feet from her mother. Her mother was not touched physically by the car but experienced the horror of seeing her daughter sustain a mortal wound.

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