Posts

image of vehicle seatbelt

Seat Belts for All Will Help Decrease Traffic Accident Deaths

/0 Comments/in /by

Current Georgia seat belt laws only require adults in the front seat to wear seat belts. Children under the age of 17 were also required to wear seat belts at all times. However, in 2019, a new law was proposed to require seat belts for all individuals in a car, ensuring everyone’s safety. This law is still moving toward approval and implementation but it is expected to save many lives. The bill is expected to pass the state legislature, providing protection for everyone who rides in a car in the future.

Mistaken Beliefs

When the previous seat belt law was passed, it was believed passengers traveling in the back seat of a car were safer and less susceptible to injury or death. However, over the years, several studies have shown the exact opposite. These studies reveal that back seat passengers are just as likely to experience injuries or even death when involved in a car accident while not wearing their seat belt, leading to the proposed changes in legislation. Wearing a seat belt reduces movement in an accident and helps protect all passengers from serious injuries or death, especially in more severe accidents.

Greater Protections in the Front Seat

If you think about all the safety features implemented in cars today, it’s clear to see that although wearing seat belts in the front seat is still essential to protect against injuries and deaths, drivers and front seat passengers actually have more protection in the event of a crash than those traveling in the backseat. Front airbags, side airbags and other newer safety features go a long way toward protecting front passengers from the impact of a crash, while the back seat often has fewer airbags, if any, and few additional safety features. When these back seat passenger aren’t buckled in securely, they are more likely to be thrown around the cabin or even out of the car, resulting in more severe injuries and increasing the likelihood of death due to the accident.

The Click It or Ticket Campaign

Each year, the National Highway Traffic Safety Administration promotes their Click It or Ticket campaign in an effort to encourage everyone to stay safer on the roads and keep their seat belts fastened. While the law in Georgia has only required seat belts for adult in the front seat and all children, this campaign always serves as a reminder that everyone needs to wear their seat belt to increase their level of safety on the road. Whether families are heading out on a road trip or they’re running errands around town, making sure everyone can enjoy a safe ride is an absolute necessity, especially with the increased traffic on the roads due to uncertainty about air travel due to the pandemic.

image of car window shattering

Georgia’s “At Fault” Law Explained

/0 Comments/in , /by

A slam on the brakes, screeching from the pavement, and then a crash. Nobody wakes up anticipating their involvement in an automobile accident, but that doesn’t stop more than 1,720 collisions from happening every single day in the state of Georgia, alone.  After an accident happens, no matter how minor, both drivers will want to know who is at fault and financially culpable for the damages.

In Georgia, finding this answer isn’t quite as easy as you might think. Let’s break down Georgia’s “At Fault” law in a few simple steps.

Understanding Modified Comparative Negligence

Each state will have its own comprehensive legislation relating to insurance. In Georgia, insurance companies will estimate the accident liability of each person involved by assigning a percentage of the blame. If one individual is considered more than 50% liable for the incident, they will not be able to claim any damages. On the flip side of the coin, individuals up to 49% liable can file for damages.

Georgia law dictates that there can be three outcomes of an automobile accident: one driver is at fault, both drivers are equally at fault, or one driver is only partially responsible.

Other effects of Modified Comparative Negligence

  • Insurance companies are incentivized to evaluate every single detail of the accident report. Including the following:
    • Police Reports
    • Forensic Crash Analysis
    • Interviewing All Parties
  • Drivers should consider legal representation when talking with their insurance company.
  • Anyone up to 49% responsible can receive compensation.

Liability Percentage and Compensation Results

Thanks to Georgia’s Modified Comparative Negligence legislation, filing a claim can leave claimants in relatively dire straits. Assigning liability will have an impact on the amount receivable. A driver 49% liable for the incident will receive just 51% of their total damages.

While it is important to have this information available, it won’t change what a responding officer writes during their initial report. Every responding officer will assign fault to one or both parties, typically with a citation. This citation can have a dramatic impact on the eventual claim that a driver makes for damages, no matter the severity.

Don’t Deal With an Insurance Company Alone

An experienced injury attorney can help guide their client throughout the entire process while circumventing common traps, pitfalls, and obstacles that would otherwise lead to a reduced settlement.

In the immediate aftermath of an automobile accident, it can be hard to focus on what step comes next. Due to Georgia’s “At Fault” laws, it is important to have legal representation when it matters most. Call Imbriale Injury Law at (678) 445-7423 to hear more!

image of highway

Fewer Cars on the Road Means an Increase in High Speed Accidents

/0 Comments/in /by

With restrictions due to the pandemic, it’s no surprise the amount of traffic on the road has dramatically decreased this year. You may often see much emptier roads than usual, even during typical rush hour times because more people are working from home and not heading out as much. While this can offer a more relaxing ride when you do need to go out, fewer cars on the road often means an increase in high-speed accidents. With less traffic, people are more likely to drive faster, sometimes without even realizing it, increasing the risk of collisions on the road.

Dangerous Speeds Are Increasing

It’s estimated traffic has reduced about 45 percent from what it was back in March, leaving open roads in many areas, even major metropolitan areas. Rather than traveling the set speed limit, more people are exceeding those limits and driving upwards of 100 miles per hour, even in cities where the average speed limit is lower than the open highway out in the countryside. Some motorcyclists have even been stopped going over 170 miles per hour, which can have disastrous results if an accident occurs. Changing lanes and making turns at these speeds can be extremely dangerous for everyone involved. When these high-speed crashes occur, it has devastating effects on not only the vehicle, but those who are inside it. Even though officers are issuing more tickets than ever for individuals who are driving 100 miles per hour or higher, it doesn’t seem to be slowing down.

How to Prevent High-Speed Accidents

While slowing down is the obvious answer, there are a few other steps you can take to ensure you aren’t one of those people who finds they have vastly exceeded the speed limit, increasing the risk of a high-speed accident. First and foremost, plan your route ahead of time and make sure you leave early enough to ensure you don’t find yourself feeling rushed, which is one of the biggest contributors to speeding issues. It’s also essential to pay close attention to your speedometer. Strive to keep your speeds at or below the speed limit, rather than ignoring your speedometer and just going with the flow. You can also now download speeding apps to help keep you in check as you drive. These apps, such as the Waze app, alert you when you exceed the speed limit, giving you an audio indication you need to slow down.

Nothing is worth getting into a serious accident, even arriving to your destination late. Even though there’s less traffic to contend with, there’s no reason to vastly exceed the speed limit in the name of reaching your destination more quickly. Stay safe on the road!

image of breathalyzer

Can Car Alcohol Detection Systems Reduce Drunk Driving Accidents?

/0 Comments/in /by

A Possible Solution for a Deadly Problem

You’ve probably familiar with the concept of Breathalyzer testing, if only through its depiction in police dramas. When someone suspected of driving under the influence (DUI) breathes into this device, chemicals inside it react to alcohol by changing color. Depending on the final color, the police can determine the suspect’s intoxication level.

Breathalyzers can work quite well on a drunk driver who has already pulled over and submitted to testing. When attached to a vehicle ignition system, a setup known as ignition interlock, a Breathalyzer can require the driver to blow into it before the vehicle’s engine will start — and then prevent the engine from engaging if the numbers indicate legal intoxication. New technological advances may build the detector right into the vehicle, make alcohol-detecting cars the wave of the future.

Advances in Vehicular Alcohol Detection

The Driver Alcohol Detection System for Safety (DADSS) program, funded by the U.S. government, has led the charge in developing new in-car alcohol detection technologies and equipment. The two main approaches under development include breath-based detection and touch-based detection.

The breath-based technology works much like the standard portable breath-detection devices used by police in cases of suspected intoxication. However, instead of requiring the driver to blow into an apparatus, the built-in equipment calculates BAC by analyzing the exhaled air in the cabin. Readings of 0.08 or higher prevent the car from starting.

The touch-based alcohol detection method takes BAC measurements by analyzing the driver’s skin. Manufacturers would build special infrared light into essential features such as the starter button or steering wheel. When the driver touches the control, the infrared light shines on it and instructs the car of your status.

A Step Toward Greater Safety for All

The federal government has prepared legislation to make passive alcohol detection systems a requirement in all new cars by 2024. The instrumentality must become fairly foolproof before automakers can actually incorporate them into vehicle designs. For instance, designers must figure out how to sidestep false positives that might lock sober people out of their cars. They must also minimize weaknesses that might permit drivers to disable the technology. But successfully keeping drivers’ BAC levels below 0.08 could save the lives of an estimated 9,409 people each year.

Until this new technology becomes the law of the land, individuals had better police their own driving practices. Even a first DUI offense in Georgia can mean jail time and/or a fine. Repeat offenders can expect up to five years in prison, fines of up to $5,000, suspension of license, a required ignition interlock following the suspension, and (last but certainly not least) a felony record.

If you have questions about DUI laws, want to learn more about passive alcohol detection systems, or need representation in a DUI case, Amanda Hall Injury Law is here for you. Contact our office today.

image of dented car bumper

The Family Purpose Doctrine and How it Affects your Car Accident Lawsuit in Georgia

/0 Comments/in /by

Recently, the Georgia Court of Appeals gave an opinion regarding the applicability of the family purpose doctrine in Georgia. It was in reference to a car accident lawsuit. The specific accident occurred in 2016 when a minor was the driver of a vehicle where the father was a passenger. The minor was in an intersection and turned left when an approaching car continued straight into the minor’s car. The other car struck the passenger side of the minor’s car and resulted in the father’s death. The widow filed a wrongful death suit, and the defendant maintained a counterclaim stating the accident was the fault of the daughter. The defendant also imposed Georgia’s family purpose doctrine as a defense in this lawsuit.

According to Georgia’s family purpose doctrine, the accident victim can hold the owner of the car who caused the accident liable for damages. But, certain factors must be proven. Here’s a list of those factors:

  • The negligent driver was a family member living in the household of the owner
  • The defendant had control of his own vehicle
  • The owner let the driver use the car for the convenience or pleasure of that family member
  • The driver had the consent of the owner for “family purpose” at the time of the accident
  • An agency relationship exists between the owner and the family member

In this particular case, the defendant argued that the family purpose doctrine did apply. The father who owned the car let his daughter use the car with permission and as a family member of his household. In addition, the vehicle was a family purpose car and that establishes agency. Did the family doctrine apply in this case?

In the partial summary judgment, it was argued that the family purpose doctrine is a plaintiff’s rule and cannot be put on a third party for recovery of damages. The court analyzed the issue and took into account Georgia’s law OGCA 51-2-2. This decision was that this law does not put the liability on parents based on the parent-child relationship. The court made it clear that the doctrine is intended to permit the plaintiff to recover from a negligent child’s parent with certain conditions. In the end, the third party was not permitted to use the family doctrine as a defense, and the widow prevailed.

If you or a loved one has incurred injuries or died in a car accident in Georgia, it’s important to contact an experienced personal injury lawyer. An experienced personal injury lawyer will understand the complexities of the family doctrine and assist you in recovering compensation for yourself and your loved ones. Keep in mind that the law is complex and an experienced personal injury lawyer can explain the law to you so that you understand it. Our experienced personal injury lawyer will also act as your advocate and fight for your rights for the best outcome.