Hinton & Powell

Speeding and Got Into a Car Accident? Does This Automatically Bar Your Recovery? A common assumption is that if a person is speeding and has a car accident, he or she would automatically lose the case. This is not true across the board. In Georgia, you could get relief for injuries sustained in the car accident even if you were going above the speed limit before the accident occurred.... Negligence Per Se Negligence per se is a legal principle that typically bars a person who is speeding from recovery in an auto accident. The reason is that in order to give an amount of money in damages, fault must be found. Fault is caused in most auto accident cases due to negligence. Negligence is failing to do what a reasonable person would have done in the same circumstance. In a car accident case it must be found that one party's negligence caused the injuries or property damage to the other party. Negligence per se is a more strict form of negligence. If a person is speeding, they are automatically found to be negligent because laws about speeding are intended to promote safety and avoid injuries and a violator is guilty automatically. The "out" for speeding drivers, although speed could still be considered a contributing factor, is if the accident occurred because of an outside event - or a non-traffic related occurrence. For example, an interference by a pedestrian or faulty steering wheel. If the non-speeding driver is not able to find direct evidence of negligence on the speeding driver's part, then compensation by the speeding driver may be pursued. Comparative Fault Another option for the speeding driver is to look to Georgia's comparative fault standard. Georgia's comparative negligence law essentially asks what role, if any, the victim had in causing his or her accident and resulting injuries. This means that the driver who was speeding may not be completely barred from recovery. In a comparative negligence equation, each party is responsible for damages relative to his or her own fault in causing the accident. For example: if the jury finds that one party is 30% negligent and the other party is 70% negligent, each side may recover according to his or her percentage of fault. In conclusion, there are a lot of ifs and unknown factors involved with determining how the speed you were going would impact your case. Jack Hinton and Doug Powell are experienced car accident attorneys who can help you sort it out.

The result of a rear-end collision is trauma to the vertebral column of the cord region. This is typically known as an acceleration-deceleration injury. The common diagnosis from this is cervical strain. In non-medical lingo the injury is called whiplash. Over one million people in the U.S. suffer whiplash every year, as it is the most common injury resulting from car accidents, Although it may seem like whiplash comes and goes, the impact can cause symptoms that become... chronic and last for years. These symptoms include headaches, neck pain, low back pain, and anxieties about traveling. 25-40% of whiplash victims never fully recover and out of the one million who have suffered a whiplash injury, 25% will have chronic pain. These pains can cause mild muscle strains to brain injury or even death. If you have experienced a car accident and are suffering as a result, call Hinton & Powell today for a free consultation. 404-365-7077

Daily Report article about Doug - the Chef http://www.dailyreportonline.com/PubArticleDRO.jsp

Georgia Personal Injury News Brief State / Jury Dispute Over Compensation On June 14th in Cobb County a truck accident case was brought before a Jury that got into a brawl about monetary compensation. The Plaintiff is a special ed teacher who was driving in Winder Georgia with three children in the car when she her vehicle was hit by a truck. Jurors ended up in what was nearly a fist-fight. A few jurors were willing to award the plaintiff over a million in damages while one j...uror held out with the opinion that the Plaintiff should be given a lower sum. The final award was $800,000. Read more..Daily Report Hinton & Powell / Walton County Car Accident On May 4th the attorneys at Hinton and Powell settled a car accident case outside of court. The Plaintiff was driving down Alcovy Street in Walton County Georgia. Shortly after pulling into a left turn lane the car behind her failed to keep proper distance and caused a rear end collision. The initial settlement offer from the at fault party’s insurance company was $2,200. After numerous negotiations a fair settlement was offered at $150,000.

Results July 2012 Our client was driving down Alcovy Street in Walton County Georgia when her life changed. Shortly after pulling into a left turn lane the car behind her failed to keep proper distance and caused a rear end collision. This accident burdened our client’s life with personal injury, thousands of dollars in medical bills, a totaled vehicle, and lost wages. The initial settlement offer from the at fault party’s insurance company was $2,200. The attorneys at Hinton & Powell were prepared to fight until the end to win proper compensation for our client. After numerous negotiations a fair settlement was offered at $150,000.

At Hinton & Powell we are committed to empowering individuals with legal advice and representation. With our educated and efficient team, we have successfully represented thousands of clients.