Monthly Archives: November 2024
4 Common Myths About DUI in Georgia
Driving under the influence is one of the most common crimes committed in Georgia. Indeed, for many people a DUI arrest is the first time they have ever found themselves in significant trouble with the law. Given this, it should come as no surprise that there are some myths that people continue to believe… Read More »
When Is a Georgia Homeowner Liable for Slip and Fall Accidents on Their Property?
We often talk about personal injury cases involving slip and fall accidents that occur on commercial or public property. But what about a private residence? In other words, if you are injured in a slip and fall accident that occurs while you are visiting someone else’s home, is the homeowner legally responsible for your… Read More »
How “Fighting Words” Can Affect a Simple Battery Case in Georgia
Georgia law defines simple battery as intentionally “making physical contact of an insulting or provoking nature with the person of another.” Basically, if you touch someone in an aggressive manner without their consent, it is battery, even if you do not physically harm them in any way. It is also important to distinguish battery… Read More »
Are Georgia Personal Injury Settlements Taxable?
Most personal injury cases in Georgia are resolved through a negotiated settlement between the parties. For example, if you are injured in a car accident caused by a reckless driver, that driver (and their insurance company) will usually offer to settle your claims for a specified dollar amount. Such settlements are generally good for… Read More »
Proving Causation in a Georgia Homicide Case
Murder and manslaughter require the State of Georgia to prove that the defendant “caused” the death of the victim. Over the years, Georgia courts have explained that this means the defendant’s actions were the “proximate cause” of the victim’s death. Proximate cause, in turn, has two elements: cause-in-fact and legal cause. Cause-in-fact requires proof… Read More »
Can Georgia Police Detain Me If I’m on the “No-Fly List”?
Following the September 11, 2001, attacks, the federal government created a “No-Fly List” composed of persons identified by the FBI’s Terrorism Screening Center (TSC) as suspected or possible members of terrorist organizations. A person on the No-Fly List cannot board an aircraft traveling within, to, or from the United States. State and local law… Read More »
How a Lack of “Reasonable Suspicion” Can Affect Your Georgia Drug Case
A police officer is free to approach any person and ask them questions–including consent to search their property–without necessarily suspecting that person of a crime. So long as the officer does not detain the person and they are free to walk away without penalty, that is what courts consider a “first-tier encounter” not subject… Read More »
Is a Defendant’s Insurance Relevant to a Georgia Car Accident Lawsuit?
You probably know that Georgia law requires all drivers to carry auto insurance. Indeed, the first thing you are supposed to do following any car accident is to stop and exchange insurance information with the other driver. Obviously, there are many drivers who do not have insurance despite the legal requirement, but in most… Read More »
Frequently Asked Questions About Pedestrian Accidents in Georgia
According to the National Highway Traffic Safety Administration (NHTSA), more than 7,500 pedestrians were killed in auto accidents in 2022. Another 67,000 pedestrians suffered serious injuries in collisions involving motor vehicles. Given that all of us need to walk on public streets during some portion of the day, these figures emphasize how much we… Read More »
Can the Police Search Your Hotel Room After Your Checkout Time?
You probably know that in most cases, the police cannot search your home without either your consent or a warrant. This same principle applies to any place where you have a “reasonable expectation of privacy.” For example, if you rent a hotel room, you have a reasonable expectation of privacy within that room for… Read More »