Father of Deceased UGA Football Player Sues School, Others

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Results

$12.5 Million
Brain Injury
$7.2 Million
Brain Injury
$5 Million
Wrongful Death
$4 Million
Trip & Fall
$3.6 Million
Motorcycle Accident
$3.2 Million
Work Place Injury
$2.7 Million
Sexual Battery
$1.9 Million
Work Place Injury
$1.5 Million
Trucking Accident
$1.2 Million
Auto Accident
$1.2 Million
Auto Accident
$1 Million
Premises Liability
$750K
Auto Accident

Devin Wilcox and two other people were killed in a January car crash that happened while the players were celebrating their national championship. Now, his father filed a $40 million lawsuit against the school and two other entities, alleging that they were vicariously liable for the wreck.

Police said that a school recruiting assistant was racing against another SUV driven by another player late at night after the team celebrated their national championship win. They said she was driving at 104 mph and had a blood alcohol concentration of .197, more than twice the state’s legal limit. Two other students were seriously injured in the wreck.

“(The driver) was reckless, negligent, negligent per se, willful, wanton and consciously indifferent to consequences in her operation of that vehicle while her judgment was substantially impaired by alcohol,” the lawsuit states, noting that the vehicle she was driving, a Ford Expedition, was leased by the athletic department and assigned to her for work-related activities.

First Party Liability

In a car crash case, a Marietta personal injury attorney cannot recover any money from anyone unless the driver was negligent. The most common kinds of negligence in a car crash case are:

  • Impaired Driving: Alcohol affects judgment abilities and motor skills. So, these drivers cannot make simple calculations, like how fast they can go before they lose control of their vehicles. And, because of their impaired motor skills, they cannot react quickly enough to avoid disaster.
  • Aggressive Driving: Speed increases the risk of a wreck and the force in a collision. Speed reduces reaction time and, according to Newton’s Second Law, multiplies the force in a collision between two objects. If these kids were racing, that’s even worse. That behavior demonstrates a conscious disregard for the safety of others.

Extreme weather events, like cloud-to-ground lightning strikes, and defective products, like bad tires, cause a handful of car wrecks. But driver error causes over 98% of vehicle collisions in Georgia.

Third-Party Liability

Driving late at night with football players probably is not in the written job description of a recruiting assistant or any other university employee. Nevertheless, respondeat superior employer liability probably still applies in such cases.

This vicarious liability theory applies if the tortfeasor (negligent driver) was an employee acting within the course and scope of employment at the time of the crash.

This assistant was clearly an employee. For negligence purposes, the “scope of employment” is not limited to situations like a delivery driver on a regular route. Instead, Georgia law defines this phrase very broadly. It encompasses any act that benefits the employer in any way.

Additionally, the wreck must be a foreseeable (possible) result of the employer/employee relationship. A Marietta personal injury lawyer can usually prove foreseeability unless the tortfeasor stole a car from the parking garage.

The bar that overserved the girl could be on the hook for damages as well. Georgia’s dram shop law states that commercial providers who illegally sell alcohol are vicariously liable for crash damages. Illegal sales include underage sales and sales to obviously intoxicated people.

Evidence on this point usually includes bloodshot eyes and other physical symptoms, along with purchase history and statements the tortfeasor made about intoxication.

Damages in a car crash case usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. In egregious cases like this one, additional punitive damages are available, as well.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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