The Role of Causation in a Georgia Motorcycle Accident Lawsuit
When you file a personal injury lawsuit following a car accident in Georgia, you need to prove causation. That is, you need to present sufficient evidence for a jury to conclude that the defendant’s actions caused your accident. But you also need to prove the accident caused your injuries. It is not enough to simply say you were injured due to the car accident. There must be a causal connection between the accident and the injury.
This is why it is always a good idea to seek medical treatment immediately following any car accident. Even if you think you are okay, there may be an injury that has yet to manifest any outward symptoms. You may not experience any symptoms until a day or two later. Yet if you wait that day or two before seeing a doctor, the negligent driver may argue in court that there was some other intervening cause of your injury unrelated to the accident.
Motorcycle Accident Victim Sues Domino’s Franchisee
Seeking prompt medical treatment also creates a paper trail of your injuries, which can be critical when later attempting to prove causation in court. A recent decision from the Georgia Court of Appeals, Willis v. Cowabunga, Inc., provides an apt illustration. In this case, the appellate court reversed a trial judge’s ruling in favor of the defendant on the issue of causation.
The underlying case involves a motorcycle accident. The plaintiff was a passenger on her boyfriend’s motorcycle when they were rear-ended by a Domino’s Pizza delivery driver. She subsequently sued the owner of the Domino’s franchise for medical expenses and other losses incurred in the accident. As relevant here, the plaintiff alleged she sustained multiple broken bones in her right foot and ankle as a result of the rear-end collision.
Following the accident, the plaintiff went to a local hospital. She was treated and discharged with instructions to see a specialist. The specialist saw the plaintiff a few weeks later and recommended the plaintiff wear an Aircast boot instead of surgery. Two months later, the plaintiff had a follow-up visit, where the specialist’s notes indicated she was making progress, although the right ankle had still not completely healed.
A few months later, the plaintiff saw the specialist again after injuring her left ankle during a fall down the stairs. While the left ankle was not injured in the motorcycle accident, the plaintiff told the specialist she fell down the stairs because she had been trying to shift her weight off the right ankle. This led her to lose balance and fall over, thereby injuring her left ankle in the process.
As the Court of Appeals explained, even though several months elapsed between the motorcycle accident and the plaintiff’s fall down the stairs, there could still be a “causal connection” between the two events. The plaintiff was attempting to walk without crutches or a stabilizing boot as part of her ongoing treatment for her right ankle injury. In following this medical advice, she then injured her other ankle. A jury could find that this made the Domino’s franchise liable for both injuries.
Contact Hawkins Spizman Trial Lawyers Today
A motorcycle or other motor vehicle accident can leave you struggling to recover from serious, life-threatening injuries. Our Atlanta personal injury lawyers can assist you seeking full and fair compensation for those losses from the responsible parties. Call Hawkins Spizman Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.
Source:
scholar.google.com/scholar_case?case=3287401792479284631
