Articles Tagged with negligence

tim-gouw-128115-copy-300x200Accidents and injuries are part of life, and they can come upon us at the most inopportune times. One minute you can be driving down the road, and then the next you are in an accident, suffering because some other person did not follow the rules of the road. Of course, these are the risks we take to get to where we want to be. We move at high rates of speeds and reap the rewards, while at the same time taking on the risks that come with it. Fortunately for us, there are laws to protect us once we are in an accident, but those laws can be troublesome for some in certain circumstances. If you have been injured in an accident, contact an Atlanta personal injury lawyer for assistance today.

What is Assumption of Risk?

Assumption of the risk is a fairly common legal doctrine that is meant to help defendants avoid paying for an accident for which they may not be liable. The name of the doctrine may seem self-explanatory, but it is a bit more complex than the name suggests, as any Atlanta personal injury lawyer will tell you.

bethany-legg-14229-copy-300x200A few years ago the transportation-for-hire business was turned upside down with the advent and widespread use of new smartphone technology for sharing rides. What started out as an application on the phone to share rides with people traveling from one place to another has become the number one choice for paying for rides and getting from point A to point B. This is true across the country, from big cities like Atlanta to small towns. With this increased presence has come increased exposure to liability for the ridesharing companies. In the past, when a taxi driver took passengers from place to place, the driver and his company faced the liability possible when an accident occurred. Now that those drivers have been largely supplanted by rideshare drivers, the liability has been shifted to those drivers and to the ridesharing companies, as well. If you have been involved in a accident involving a driver for a rideshare company, contact an Atlanta car accident lawyer right away.

Conflicting Reports

Despite this clear reality, there are conflicting reports about whether ridesharing companies should be held liable when their drivers get into accidents. One recent report from Time.com included an account of the author, who was actually hit by an Uber driver when running down the street. She was fine from the accident, but it caused her to wonder whether, if she had bee seriously injured, she could have sued the rideshare company.

mark-cruz-330105-1-copy-300x200Often there is a question by those injured in an accident, through the negligence or thoughtless act or by an extreme omission of another, about who is liable for what happened. In all cases, the negligent actor him or herself will be held liable, but in many cases, there are third parties who face liability, as well. This is an important factor to understand in an accident for a number of reasons, and an Atlanta personal injury lawyer can help you do so.

One of the big reasons why this is important is because of the liability that companies face when one of their workers acts in a way that injures another. This is generally known as vicarious liability, and can involve several different people, organizations, or entities, regardless of whether they were directly part of causing the harm in question.

Respondeat Superior and Employers

gilles-lambert-8649-copy-300x200We could all set our calendars by the technological announcements that are made from the biggest tech company in the world. Every fall that company announces new products and software that is sure to impact the world over. This year there was a change to the company’s main phone software that should help many of us be safer drivers on the road.

Distracted driving is one of the biggest causes of accidents, injuries, and catastrophic results on the road in Georgia and throughout the country. Everyday there are many accidents caused when drivers thoughtlessly pick up their phonse to answer a text, send a tweet, or look at some update. These accidents cause injury, pain, suffering, and even death. While many of these results can be resolved, in part, by an Atlanta car accident lawyer, it is much better to avoid them altogether.

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