Atlanta Injury Lawyers Blog

The family of a man killed while riding a scooter has settled their claim against the at fault party with the assistance of their Atlanta motorcycle accident lawyers. As personal injury attorneys handling wrongful deaths, brain and spinal cord injuries, and other injuries occurring as a consequence of motorcycle accidents, we believe that this was a good result for the family.

The wrongful death decedent was killed whole operating his motor scooter on a Georgia Highway in July of 2007. An individual in an automobile cut the decedent off causing a head on collision. The decedent died at the scene as a consequence of massive head trauma. The at fault party tested positive for cocaine shortly after the collision, as well as THC.

In addition to the personal liability of the at fault party, lawyers for the decedent argued that his employer was also liable under the doctrine of respondeat superior. Under this theory of the law, an individual's employer can be liable for the negligent acts of the employee if the negligent acts occur while the employee is acting in furtherance of the employers business at the time of the negligent act.

An Atlanta area Plaintiff has been awarded $7.25 million for a personal injury sustained in a car accident several years ago. The motor vehicle accident occurred when the at fault Defendant left his lane and entered the path of the Plaintiff's vehicle causing a head on collision. The Plaintiff was left paralyzed from the waist down. A sobriety test performed by police at the scene of the accident revealed that the 23 year old at fault driver had a blood alcohol content of .303%.

In circumstances where an individual causes a car or truck accident while under the influence of alcohol, attorneys and lawyers in Georgia may seek an award of punitive damages. Punitive damages may be awarded where a jury finds that the conduct of the defendant was so egregious that it amounted to a reckless disregard for the safety of others. The concept behind an award of punitive damages in a motor vehicle collision is that the defendant should be punished as his or her conduct amounts to more than mere negligence. The conduct almost borders on an intentional act as the defendant entered his or her vehicle with knowledge that he or she would be unable to operate a motor vehicle in a safe manner.

In Georgia, a blood alcohol level of .08% or higher validates a criminal charge of driving while under the influence. Under Georgia law, however, there is also an inference of driving under the influence where a driver is measured with a blood alcohol content between .05 and .08. This inference creates a presumption that the driver may have been impaired by alcohol, and attorneys for the driver are forced to rebut this inference in order to prevent a conviction.