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Georgia Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents and Wrongful Death for Georgia on
Q: My father died 22 years ago in a car accident caused by someone else. I was a minor and Nothing was pursued.

The other driver was at fault, failed to yield.

My parents were divorced and my mother did not pursue anything. I have just recently found out the details, can I do anything now ?

Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2020

Just to be sure, contact a member of the Ga. Trial Lawyers Assn but no, it is too late. There's a statute of limitations for wrongful death and related claims that is long over. Even if you had a claim as a minor, that would have expired on your 18th birthday or 2-3 years after that, depending on... Read more »

1 Answer | Asked in Car Accidents for Georgia on
Q: Do I need a layer for a 40-6-270 offense of leaving the scene of an accident with no injuries?
Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2020

If there was property damage and you did't exchange information, yes, you can have serious issues and look to get someone who handles traffic issues in the county court where it's going to be heard.

2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: I have a friend who is a school bus driver. She drives special needs kids. She had an accident in her bus.

We're in the state of Georgia. She hit a very low pole that you could not see over the hood of her bus. I believe there might have been minor injuries but no child was kept in the hospital overnight. I'm not sure if any children were even taken to the hospital at all since it was more of a fender... Read more »

Mr. Garrett S. Handy
Mr. Garrett S. Handy answered on Dec 24, 2019

This is a good question that involves a situation where someone was on the job when involved (and at fault) for an accident. In cases like this the employer is going to generally be responsible for the employee's negligent conduct. This is the legal principle of respondeat superior. Presumably... Read more »

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1 Answer | Asked in Car Accidents for Georgia on
Q: Does this ticket apply if you struck a parked car?

I was trying to turn around and misjudged the length of the vehicle I was in and I struck a parked car

Peter N. Munsing
Peter N. Munsing answered on Dec 18, 2019

You haven't said what it was. If the car is not moving and you hit it, it's on you. Depending on the ticket you got, if it's involving points you may want to get a lawyer.

1 Answer | Asked in Car Accidents for Georgia on
Q: If a person is a victim of a traffic accident and attempts to help one of his injured passengers?

The passenger was discovered hanging out the back door and couldn’t move himself up. The driver assisted him to lay flat in the back seat and was charged with reckless conduct for moving the friend. Is this the intent of the law in Georgia?

Peter N. Munsing
Peter N. Munsing answered on Dec 18, 2019

Likely not. However 1) look at the time to contest the citation 2)look for an attorney in the County where it will be heard who handles citations and speak with them. Generally reckless conduct would be a motor vehicle violation,not a moving a person to assist them situation.

1 Answer | Asked in Car Accidents for Georgia on
Q: what is the ocga that governs pre suit letters in personal injury matters
Peter N. Munsing
Peter N. Munsing answered on Dec 18, 2019

You should speak with a member of the Ga. Trial Lawyers Assn in the county where the incident happened, as they give free consults and you can have different things that need to be addressed.

2 Answers | Asked in Car Accidents and Insurance Bad Faith for Georgia on
Q: I am a hit and run victim with pictures. Claim denied cause police asked accused to send evidence of guilt. What now?

I was driving home in the middle lane on 75 S around 4:15 pm on a bright sunny day surrounded by traffic. An OTR truck w/trailer jump in my lane. Cars around me therefore I hit the horn and brakes but could not avoid accident. As I pulled over I noticed the truck was not stopping. I sped up and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 10, 2019

Contact a member of the Ga. Trial Lawyers Assn for the County where the crash happened. They give ree consults. Sounds weird they'd ask someone to send pix--and did those pix have the same plate as the one involved?

In any event, if you weren't hurt likely small claims will be your best...
Read more »

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1 Answer | Asked in Civil Litigation, Personal Injury, Car Accidents and Insurance Defense for Georgia on
Q: How should I be handling this? Getting my own attorney or going through the auto insurance company?

I was driving my spouse’s company car and was involved in an accident 22 months ago. I had permission to drive the car and was told by a company representative that as a spouse I was covered by the automotive insurance policy because my spouse also uses the vehicle for personal use. Yesterday I... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 5, 2019

It is best to consult an attorney versus going through the insurance company. An attorney will work to protect your interests, and the insurance company’s primary objective is to protect their own interests.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Car Accidents for Georgia on
Q: Airbags failed to deploy in high velocity accident. Officer urged to inquire because of his fear of safety from this

Accident velocity was 60-70mph upon impact. The vehicle that the air bags failed in rear ended another that was coming to a slow on a highway. Police officer urged driver to contact Honda because of the amount of damage and obvious force of impact from the damage. There were no injuries and the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 4, 2019

If you weren't hurt you don't have a claim other than making a claim for them to fix it. However much depends on the dynamics--generally, airbags only deploy if the hit is plus or minus 5 degrees off top center.

1 Answer | Asked in Car Accidents for Georgia on
Q: I need to find codes to file a suit for personal injury in a car accident
Tim Akpinar
Tim Akpinar answered on Nov 1, 2019

You really need the input of a Georgia attorney on state laws here, but your question remains open for four weeks. As a general matter in all jurisdictions, the relevant statutes and codes are generally found under insurance laws, vehicle and traffic laws, no-fault regs in no-fault jurisdictions,... Read more »

1 Answer | Asked in Criminal Law and Car Accidents for Georgia on
Q: How can I clear my name of a crime someone else committed? I have proof I didn't do it.

It was a hit and run in my vehicle however I was at work during the time it happened. the person who was borrowing my car told me it was stolen and then proceeded to tell me months later it was actually a hit and run. What can I do ?

Ecleynne Mercy
Ecleynne Mercy answered on Nov 1, 2019

Get a lawyer. Get proof that someone else was driving. Get proof that you were somewhere else at the time of the accident. Have a trial and present the evidence.

I hope this helps.

1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: When can I sue my lawyer for my accident case?
Tim Akpinar
Tim Akpinar answered on Oct 30, 2019

This is a legal malpractice question. There is a separate section for that.

Tim Akpinar

1 Answer | Asked in Car Accidents for Georgia on
Q: If u damage someone car And they don’t press changes on you right then how long do they have to press changes
Tim Akpinar
Tim Akpinar answered on Oct 26, 2019

You might want to discuss this with a Georgia attorney, but your question remains open for three weeks. If the person was to do anything, they could bring a claim or file suit. Unless there was something criminal involved, they wouldn't normally press charges. A Georgia attorney could discuss the... Read more »

1 Answer | Asked in Car Accidents for Georgia on
Q: What if a car turns left and it’s late at night and hits a car that has no lights on.

The car that did not have lights on was a black car therefor the other car didn’t see it.

Tim Akpinar
Tim Akpinar answered on Oct 16, 2019

A Georgia attorney could answer in the best manner, but your question remains open for three weeks. As a general matter, without regard to state-specific elements of law, claim representatives in similar situations could amicably agree to apportion damages between the two policies. This is often... Read more »

1 Answer | Asked in Car Accidents for Georgia on
Q: Its my first time in Georgia traffic court. I receive a ticket for not yielding the right of way leading to an accident

I dont want any points or no fines or reduce fines. the other car had on the turning signal like they were going into the gas station that i was coming out . Then they hit my car.

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

Much will depend on who was where. Even with a turn signal, they have the right of way until they turn. You guessed--it's not the greatest argument. You can plead not guilty and give it a shot.....

1 Answer | Asked in Car Accidents for Georgia on
Q: I was citied E671211 O.C.G.A. § 40-6-71 but not found at fault. The vehicle that hit me, hit my rear passenger side.

How can i fight this? She was speeding because my airbags exploded.

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

Sounds like you were not at fault. So......what do you want to fight. If you were injured, and were not at fault, contact a member of the Ga. Trial Lawyers Assn in the County where the wreck happened. They give free consults.

1 Answer | Asked in Car Accidents for Georgia on
Q: Im 17 and received my first citation for improper left turn. Do I still have to go to court even if I pay the citation?

I got into a car accident which was my fault and then received the citation

Titus Thomas Nichols
Titus Thomas Nichols answered on Aug 17, 2019

It depends on if the citation was the result of a car wreck. If another vehicle was involved many times the court will require you to appear in court and address restitution. However, if it is just a citation for improper left turn, then you will be allowed to merely pay the fine in lieu of... Read more »

1 Answer | Asked in Car Accidents for Georgia on
Q: If I am married but separated, and receive a settlement from a car accident am I entitled to give any to my spouse?
Peter N. Munsing
Peter N. Munsing answered on Jul 29, 2019

Not in most states. Consult your attorney.

1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: Please recommend next steps for Personal Injury case where Atty withdraws and files lien against Settlement?

I have a Personal Injury Case that has gone on f/ 2 1/2 yrs. It went to Mediation, at which my former Atty and I disagree over Doctors fees from Doctors he referred me to that are outrageously inflated. With no resolve reached at the Mediation. A week later they Respondents upped their offer 1k.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 29, 2019

First, if the case is in court as you have seen he has to have permission of the Court. You may object. Second, does the lien include the physician amounts? The attorney can ask for a lien but a court may limit it to a) a percentage under the contract of what he got them to provide, or the worth of... Read more »

1 Answer | Asked in Business Formation, Business Law and Car Accidents for Georgia on
Q: Hey I have a question on used tires. Is it illegal to sell dry rotted tires?
Tim Akpinar
Tim Akpinar answered on Jul 17, 2019

From a safety standpoint (and you can find professionals in the transportation and highway safety industry who are better qualified than attorneys to explain this), tires with dry rot can experience catastrophe failure leading to serious injury or death. From a legal standpoint, a Georgia attorney... Read more »

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