July 2015 Archives

We help motorcyclists to protect their rights after an accident

Riding a motorcycle is an exercise in trade-offs. In exchange for the benefits of greater maneuverability, better fuel economy and a greater sense of freedom riders must be cognizant of the potential hazards, of which the most significant is what can happen to you if you get into a collision with a car or a truck. The same lightweight characteristics of your motorcycle that contribute to the benefits above can turn into serious or even deadly drawbacks when there is nothing between you and the road but the clothes you wear and the helmet on your head.

How much is too much in wrongful death damages?

The value of human life is in many ways a subjective question. In wrongful death lawsuits, Georgia courts and juries consider two basic criteria to arrive at a dollar figure to measure the cost of a life that has been truncated by the wrongful act of another person: economic and non-economic damages. Economic damages measure more tangible losses connected with the loss of a loved one,  such as lost income expectancy and costs associated with medical expenses preceding the death as well as funeral and burial expenses. Non-economic damages are ones associated with what many people consider to be "pain and suffering" injuries, and these can be much harder to calculate with certainty.

How statutory violations may contribute to accident liability

You may already be familiar with the concept of a wrongful death action that can arise when the family of a loved one files a lawsuit against an individual or company that caused the death or contributed to it. In Georgia, those allowed to bring a wrongful death lawsuit including the spouse of the decedent or, if there is no spouse then the children of the decedent; if neither a surviving spouse or children exist, then the parents of the decedent can bring the wrongful death lawsuit.

How statutory violations may contribute to accident liability

On a website for recent arrivals to the United States, one piece of advice was, "Note that Americans obey traffic laws and traffic signals, and will expect you to, too." When you engage in a driving activity as simple as crossing an intersection, you must trust that others approaching the intersection will let you pass when it is your turn; the vast majority of the time that faith is justified.

What is Georgia law with regard to comparative fault?

The old common-law doctrine of contributory negligence, which used to hold that if a plaintiff was in any way negligent he was barred from recovery, has been superseded in virtually every state including Georgia. Most states today use some form of comparative fault (also referred to as comparative negligence) when apportioning between the plaintiff and the defendant or defendants their respective share of blame for the occurrence of the event that led to the plaintiff's injuries.

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