Third-Party Liability in Car Crash Claims

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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

Georgia has one of the country’s lowest auto insurance minimum requirements. Therefore, many Georgia drivers do not have enough insurance to cover all the losses in a catastrophic injury claim. The medical bills alone in such claims usually exceed $100,000. 

Victims in this situation usually have two basic options, especially if they do not have UM/UIM (uninsured/underinsured motorist) coverage. They can file separate collection claims against the tortfeasor (negligent driver), who is most likely judgment-proof, or they can look for a responsible third party with deep pockets and additional insurance.

So, in many cases, establishing legal responsibility for damages is only part of the process. A good Marietta personal injury lawyer goes the extra mile and obtains meaningful compensation in vehicle collision matters. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Employer Liability

Commercial operators, most notably truck drivers, are paid by the trip, not by the hour. So, they have a strong financial incentive to transport as much cargo as possible as quickly as possible. That is the main reason large truck crashes have increased by about 40% in recent years. 

As mentioned, individual truckers and other commercial drivers often have limited insurance. Fortunately, the respondeat superior theory usually applies in these cases. Employers are vicariously liable for damages in personal injury matters if:

  • Employee: Generally, truck drivers are owner-operators or other non-employees for tax and most other purposes. However, truckers are employees for negligence purposes because the shipping, transportation, or other company has some limited control over these drivers.
  • Scope of Employment: Once upon a time, this respondeat superior prong was limited to situations like a regular delivery driver on a regular delivery route. Employers were not vicariously liable if a substitute driver caused a wreck or if the driver stopped for a snack. Now, the law is much broader. Generally, actions are within the scope of employment if they benefit the employer.

Respondeat superior may be even more important in Uber and Lyft accident claims. Usually, personal auto insurance policies exclude commercial losses.

Alcohol Provider Liability

Employers are vicariously liable for wrecks because they have a chance to stop collisions before they happen. Commercial alcohol providers, like clubs and restaurants, have this same chance. So, these establishments are also vicariously liable for damages if they illegally sell alcohol to someone who causes a wreck. Illegal sales include:

  • Underage: Generally, providers who sell alcohol to people under 21 are vicariously liable as a matter of law. The age-old “s/he looked older” defense usually doesn’t hold up in court. Liability usually attaches even if the patron used a fake ID.
  • Intoxicated: To establish intoxication at the time of sale, a Marietta personal injury lawyer typically uses physical symptoms, like bloodshot eyes and unsteady balance. The burden of proof is relatively low in these situations. So, attorneys don’t need much evidence to establish vicarious liability.

Non-commercial providers, such as party hosts, might also be vicariously liable for damages under a separate theory like negligent entrustment. The dram shop law also applies in other cases, such as assaults, if alcohol substantially caused the victim’s damages.

Owner Liability

Frequently, children under 18 borrow their parents’ cars. Parents could be vicariously liable for car crash damages in these cases. Georgia courts apply the family purpose doctrine in these cases. Usually, there is a presumption that the child used the vehicle with the parent’s permission. That permission means vicarious liability.

Owner liability may also apply in commercial cases, like U-Haul truck wrecks. These claims are more complex because of the federal Graves Amendment.

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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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