Patrick Flynn, Attorney at LawWe Deliver Quality Results To Medical Malpractice and Personal Injury Victims In Georgia.2026-06-09T10:25:19Zhttps://www.patrickflynnlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1304501/2022/03/cropped-site-identity-32x32.jpgOn Behalf of Patrick Flynn, Attorney at Law<![CDATA[Georgia’s traffic rules ban more than just texting]]>https://www.patrickflynnlaw.com/?p=529332026-01-05T23:49:22Z2025-12-30T13:54:18ZWhat does state law prohibit?
The hands-free statute in Georgia makes it illegal to hold a phone to compose or read a text message while driving. In fact, drivers cannot have their phones or similar mobile devices touching any part of their bodies while they are driving. Additionally, they cannot use hands-free technology to read or send written messages. They cannot post to social media using hands-free software either. While voice-to-text software is permissible, any attempt to type or read a text message is a clear violation of the law.
Additionally, the law prohibits watching videos while driving, even if stopped at a light. The only exception to this is the video produced by navigational software or a GPS device to dramatize a route. Motorists cannot use devices manually to record video footage while driving, although the law has an exception in place for dash cams that continuously run.
Even music streaming services can violate the law if they play videos while the vehicle is in motion. Motorists may need to alter their settings to ensure that videos do not automatically play while they stream music, creating a visual distraction.
What are the possible penalties?
A single hands-free ordinance violation can cost $50 in fines and may add a single point to a motorist’s driver's license. A second offense carries a $100 fine and two points, while a third can lead to a $150 fine and three points. Additionally, those who violate traffic ordinances and then cause crashes are typically liable for those collisions. The people affected by the crash can file an insurance claim or lawsuit against the distracted driver.
Learning more about traffic laws can be beneficial for those who believe that a distracted driver caused a wreck that resulted in harm. They may have grounds to hold that unsafe motorist accountable for the wreck accordingly.]]>On Behalf of Patrick Flynn, Attorney at Law<![CDATA[How speeding in the rain changes liability in Georgia]]>https://www.patrickflynnlaw.com/?p=529322025-11-26T15:34:21Z2025-11-26T15:34:21Z
Speed limits are not absolute
According to the Official Code of Georgia Annotated, speed should be “reasonable and prudent” during special situations, such as rain, fog, or heavy traffic. This means that the normal 70 MPH does not apply, and the lawful speed limit is the one that ensures control and prevents accidents. If a driver hydroplanes or loses control in the rain, their speed is deemed unreasonable and imprudent, and will constitute negligence.
The comparative fault trap
In most states, determining liability is straightforward, but in Georgia, it is more complex. Due to the state's Modified Comparative Negligence Law (O.C.G.A. § 51-12-33), insurance companies might use some clauses in their defense strategy:
Reduced compensation: They may argue that the driver was partly at fault (for example, 20% responsible) for failing to take evasive action, reducing compensation by that percentage.
Barred recovery: If the jury concludes the victim is 50% or more at fault, they receive no compensation.
Sometimes, insurance companies might try to shift blame by arguing that other driver should have reacted sooner. If this is the case, you can discuss it beforehand with your lawyer.
Protecting yourself
There are some methods that can demonstrate negligence, and you can discuss them with your lawyer in order to find the most effective for your situation.
]]>On Behalf of Patrick Flynn, Attorney at Law<![CDATA[Negligence per se in Georgia: The two magic words that can help win a DUI case]]>https://www.patrickflynnlaw.com/?p=529312025-10-21T17:25:29Z2025-10-21T17:25:29Z Georgia, the legal doctrine of negligence per se can prove a beneficial tool for victims of drunk driving accidents. When used wisely, it may tip the scales in favor of the plaintiff. This blog explores how negligence per se applies to DUI cases in Georgia and how it can be a decisive factor in winning a claim.
What is negligence per se?
Negligence per se is a legal doctrine that simplifies the process of building certain cases. It applies when a defendant breaks the law, specifically when that law is meant to protect others from harm. In the context of DUI accidents, this doctrine is particularly relevant in the following ways:
Violation of a statute: The defendant must have violated a law. In DUI cases, this typically involves driving under the influence of alcohol or drugs, which is a clear violation of Georgia's traffic laws.
Causation of harm: An important element to establish in negligence claims is causation, or that the violation caused the harm. In DUI cases, this means the victim will need to establish the impaired driving led to the accident and resulting injuries.
By establishing these elements, a plaintiff can argue that the defendant's actions were inherently negligent, thus simplifying the burden of proof.
The legal standard for DUI cases in Georgia
In Georgia, the legal blood alcohol concentration (BAC) limit is 0.08% for drivers over 21, 0.04% for commercial drivers, and 0.02% for drivers under 21. When a driver exceeds these limits, they are in violation of the law, which can automatically establish negligence per se in a civil claim.
How negligence per se can win a DUI accident claim
The application of negligence per se in DUI cases offers several advantages:
Streamlined proof of negligence: Plaintiffs do not need to establish that the defendant failed to act as a reasonable person would. The violation of the DUI statute itself is sufficient.
Focus on damages: With negligence established, the case can focus on proving the extent of the damages and the appropriate compensation.
These advantages can significantly strengthen a plaintiff's position in a DUI accident claim, making it easier to secure a favorable outcome.In Georgia, the doctrine of negligence per se is a powerful tool in DUI accident claims. By leveraging the clear violation of DUI laws, plaintiffs can streamline their cases and focus on obtaining the compensation they deserve. It is important that victims of DUI accidents use this as one of the many legal tools in their pursuit of justice. An attorney experienced in this area of law can gather evidence to support this claim as well as other legal tools to help better ensure you receive the legal remedies you are entitled to. ]]>On Behalf of Patrick Flynn, Attorney at Law<![CDATA[Georgia’s statute of limitations for car accident lawsuits: What you need to know]]>https://www.patrickflynnlaw.com/?p=529252025-08-28T17:40:49Z2025-08-28T17:40:49ZWhat is the statute of limitations?
The statute of limitations is a law that sets a deadline for filing a lawsuit. In simple terms, it is the window of time you have to take legal action. These laws exist to keep cases moving forward and ensure you base your claim on fresh evidence and accurate testimony.
Courts generally dismiss claims that aren’t filed within this legal timeframe, meaning you would lose your right to seek compensation, no matter who was at fault for the accident.
Specific Georgia deadlines
For a personal injury claim, you have two years from the date of the crash to file a lawsuit. This time limit applies to injuries you sustained in the accident. Here are crucial things to remember:
This deadline includes compensation for medical bills, lost wages and pain and suffering.
The deadline for a wrongful death claim is also two years from the date of death.
For property damage to your vehicle, you have four years to file.
However, there are key exceptions. If your case involves a government vehicle or employee, you may have a much shorter deadline, as little as six or 12 months. These cases require you to act promptly.
Why is fast action essential?
While two years may seem like a long time, acting promptly is important. Waiting can seriously impact your case. Evidence at the accident scene may disappear, and surveillance video is often deleted within a short period. Witness memories also fade over time, making it harder to get accurate statements.
Additionally, starting the legal process while your medical treatment is ongoing allows for a more accurate assessment of your full damages. The bottom line is that time is of the essence. You have two years to file a personal injury claim - missing the deadline could result in significant consequences. Seeking skilled legal guidance as soon as possible is the best way to protect your rights and well-being.]]>On Behalf of Patrick Flynn, Attorney at Law<![CDATA[Seeing is believing: The power of dashcam footage in Georgia car accident cases]]>https://www.patrickflynnlaw.com/?p=528592024-09-03T20:24:46Z2024-09-03T20:24:46ZBeyond "he said, she said": The unbiased truth
Dashcam footage provides an objective and irrefutable account of the events leading up to, during, and after an accident. It eliminates the ambiguity of relying solely on witness statements and can even expose fraudulent claims. In Georgia, where insurance companies and opposing parties may try to minimize their liability, having video evidence can be your strongest ally. While dashcams are legal in Georgia, there are specific rules about their installation.
Protecting yourself from disputes
Dashcam footage can be particularly valuable in situations where fault is contested. It can clearly show which driver ran a red light, failed to yield or was distracted at the time of the collision. This evidence can expedite the claims process and prevent lengthy disputes that can delay recovery.
Peace of mind on every drive
Beyond its legal benefits, having a dashcam can offer peace of mind on every drive. Knowing that your journeys are being recorded can deter reckless driving and provide a sense of security. In the unfortunate event of an accident, you'll have the evidence you need to protect yourself and your loved ones.
In today's world, where accidents can happen in the blink of an eye, having a dashcam is like having an extra layer of protection. It provides an unbiased account of the events, helping resolve disputes and ensure justice is served. Whether you're a seasoned driver or new to the roads, investing in a dashcam is a smart choice for safeguarding your rights and well-being on Georgia's busy highways.]]>On Behalf of Patrick Flynn, Attorney at Law<![CDATA[Revealing the hidden dangers of large SUVs]]>https://www.patrickflynnlaw.com/?p=528452024-06-20T21:57:15Z2024-06-20T21:57:15ZHow safe are drivers and passengers in SUVs?
Despite their sturdy appearance, large SUVs have shown concerning results in certain safety tests. According to a report by the Insurance Institute for Highway Safety (IIHS), some popular large SUVs struggled in updated crash tests. The results indicated that in certain types of collisions, large SUVs did not provide the level of protection one might expect given their size. These findings suggest that the assumption of inherent safety in all large SUVs might be misguided.
The structure of large SUVs and the way they absorb impact can vary, which means safety can differ significantly from one model to another. In some cases, the cabin integrity was compromised during crashes, which could lead to severe injuries for passengers. SUVs may also be more difficult to control in an emergency, making it difficult for drivers to avoid a car accident.
How much risk do SUVs pose to others?
The concerns with large SUVs extend beyond the safety of those inside the vehicle. The height and mass of large SUVs can result in more severe impacts in collisions with smaller vehicles. For vulnerable pedestrians and bicyclists, this can prove fatal, especially because taller SUVs are more likely to impact a pedestrian’s torso.
Additionally, the design of large SUVs often results in larger blind spots, making it harder for drivers to see pedestrians or smaller vehicles nearby. This increases the risk of accidents, particularly in urban environments where interaction with pedestrians and smaller vehicles is more frequent.
Large SUVs may offer a sense of security and space, but these recent studies show that size alone does not guarantee safety. Being aware of these risks can help drivers of SUVs, other drivers, bicyclists and pedestrians alike protect their safety on the road.]]>On Behalf of Patrick Flynn, Attorney at Law<![CDATA[Drivers’ cell phone use is getting worse]]>https://www.patrickflynnlaw.com/?p=527672024-06-13T14:18:51Z2024-03-13T18:38:33Zone in six drivers say they use their cellphone while driving. The poll also highlights that 66% of active drivers admit to using their device while behind the wheel. Eighty-six percent of the drivers say they are more distracted now while driving than in 2019. Twenty-six percent of drivers say they have been in or come close to an accident due to texting while driving. Drivers also using apps on their devices, with Facebook being the most popular (30%), followed by TikTok (18%) and Instagram (14%). Despite this data, the survey also shows that 80% of U.S. drivers rated their driving skills at an 8 or above out of 10.
Defensive Driving Strategies
Adopting defensive driving strategies is an effective way to minimize the risk of getting injured by a distracted driver. Here are some essential safety tips to consider:
Stay focused: Concentrate solely on driving. Keep your eyes on the road, hands on the wheel, and mind focused on the task at hand.
Maintain a safe distance: When following another vehicle, the three-second rule allows ample time to react if the driver becomes distracted or erratic and sudden stops are necessary.
Anticipate potential hazards: Scan the road ahead for possible hazards, such as distracted drivers, pedestrians, or sudden lane changes. Be prepared to react accordingly and adjust your speed or position to avoid any potential collisions.
Use defensive signals: Utilize defensive signals to communicate your intentions clearly to other drivers.
Be vigilant at intersections: Many accidents are due to distracted drivers, so it is best to look both ways, even if you have the right of way.
Report reckless behavior: If you witness a driver exhibiting signs of distraction, report the incident to the local authorities.
A bad idea with dire implications
Mitigating the risks associated with distracted driving requires awareness, vigilance, and defensive driving strategies to make a difference. Still, injuries and property damage can occur.
Victims are burdened not only with the physical pain of injuries but also with the financial strain of medical expenses. Property damage is another considerable outcome; the costs of repairing or replacing vehicles can impose heavy economic strain. Victims have the right to file insurance claims to seek compensation for such damages.]]>On Behalf of Patrick Flynn, Attorney at Law<![CDATA[How does Georgia rank in preventing fatal car accidents?]]>https://www.patrickflynnlaw.com/?p=524592024-06-13T14:17:50Z2023-11-10T19:18:22ZGeorgia car crash.
Lawmakers and local officials around Georgia make significant efforts to keep people safe on the roads. Unfortunately, it is likely that more effort on this front is still necessary for optimal public safety. How does Georgia rank when compared with other states in terms of protecting drivers from fatal collisions?
Georgia has room for improvement
Overall, Georgia has fared about average when compared with other states regarding its efforts to make the roads safer. A review of Georgia's laws and reported crashes earned it five points on a ten-point scale. It fell in the "yellow" category established by the Advocates for Highway & Auto Safety, along with 35 other states.
The state received no points for child passenger safety and teen driving programs. It also had low, one-point scores related to the prevention of speeding, impaired driving and distracted driving. Georgia sees a large number of fatal collisions. There were 14,530 traffic deaths in Georgia over the last decade, and 1,806 of those deaths occurred in 2021.
The increase in fatal collisions has an association with increased dangerous driving habits. The last few years have seen an increase in crashes related to intoxication, distraction and speeding. Pedestrians and cyclists are among those most affected by these changes in driving habits. Lawmakers have a long way to go to address the conduct on Georgia roads that increases the risk of a fatal wreck.
Motorists, cyclists, motorcycle riders and pedestrians all need to commit themselves to safe conduct and watch their surroundings carefully. It only takes a few seconds of close proximity with an unsafe driver for a daily trip to the store to turn into a life-altering experience.
Those who are aware of the statutory shortcomings in Georgia may be more easily inspired to adjust their personal habits for improved overall safety. Recognizing that Georgia is safer than some states but still a relatively dangerous place to drive can ultimately help people take the right steps for their own protection on the road.]]>On Behalf of Patrick Flynn, Attorney at Law<![CDATA[What role does speeding play in causing car accidents?]]>https://www.patrickflynnlaw.com/?p=524552024-06-13T14:16:48Z2023-09-29T19:22:43ZWhat does traffic data say about excess speed?
Traveling at high speeds greatly increases the risk of a crash and the severity of collisions. Drivers are more likely to lose control of the vehicle or to have trouble stopping or maneuvering safely at higher speeds. They may not have time to react when someone steps into traffic or slams on their brakes. Collisions are more likely to cause catastrophic vehicle damage or pedestrian deaths when at least one of the vehicles maintains a very high speed. According to crash statistics provided by the National Safety Council, 29% of the traffic deaths in 2021 were the direct result of excess speed. There were 12,330 people who died in 11,057 crashes.
Speeding may open the door to personal injury lawsuits
After a crash caused by excess speed, the officer responding to the scene of the collision may choose to issue a citation to the driver who went too fast and caused the crash. Official records of them violating traffic statutes may pave the way for a personal injury lawsuit.
Both negligence and misconduct can lead to legal and financial liability if someone causes a wreck. If crash victims incur losses beyond what insurance will cover, they may need to consider taking legal action if someone who caused their harm after violating traffic statutes. Understanding the connection between vehicle speed and crash risk may be beneficial for those recently involved in a serious collision, as a result.]]>On Behalf of Patrick Flynn, Attorney at Law<![CDATA[Why are commercial trucks so dangerous?]]>https://www.patrickflynnlaw.com/?p=524542023-08-03T22:49:41Z2023-08-03T22:49:41ZResponsibility might depend…
Over-the-road truckers meet tight deadlines within challenging schedules. Extended hours on the road often lead to fatigue and reduced reaction capabilities, but liability may extend far beyond the individual at the wheel.
Three logistical dangers
Each year across the state, hundreds of people die due to involvement in truck-related crashes. But what exactly are the challenges that make these motor vehicle accident injuries so severe?
Safety concerns include:
Structure. Consider the size of a semitrailer, which can weigh up to 80,000 pounds when fully loaded. The force generated by a commercial truck can cause catastrophic damage to smaller vehicles and their occupants – especially because they require a longer stopping distance.
Limited Visibility. Commercial trucks have blind spots, also known as "no zones.” These areas around the truck limit the driver's vision and make it difficult to see smaller vehicles, motorcycles and pedestrians. When sharing the road, consider this: if you can’t see the driver of a large truck, they may not be aware of you, either.
Maintenance and mechanical problems. Commercial trucks experience significant wear and tear due to their regular time in use. Safety problems with brakes, tires or other mechanical parts can cause malfunctions during transport, with the potential for catastrophic injuries.
Inadequate training may also contribute to safety concerns related to poor judgment, improper maneuvering or failure to respond appropriately to different traffic situations.
If you are injured, you might consider all contributing factors of a commercial truck crash. You deserve to receive fair compensation, no matter why the accident occurred.]]>