billy joe bucket is an attorney respresenting john doe, who was paralyzed in a one-car accident

What happens if you live in one county and want to sue someone who lives in another county?

What happens if you live in one county and want to sue someone who lives in another county? Under the Georgia Constitution, venue is “in the county where the defendant resides.” So let’s say you live in Cobb County and are involved in a car accident with someone who lives in Gwinnett County. According to Georgia law, you would have to file a personal injury lawsuit against the defendant in Gwinnett County Superior Court.

What is the proper venue for a personal injury lawsuit in Georgia?

One of the first legal questions you need to answer before filing a personal injury lawsuit in Georgia is, “What is the proper venue?” Venue refers to the locality where a case is heard and tried. In the State of Georgia, civil cases are tried in a superior court for a particular county.

What happens after an auto accident?

Oftentimes, the accident itself is a split-second occurrence, leaving other drivers and passengers unable to react in time. In the moments immediately following the collision, the victims may not stop to gather potentially useful information, including the identity of ...

What was the case in Passarelli v. Personal Insurance Company?

In Passarelli v. The Personal Insurance Company, an accident victim sought insurance benefits under the uninsured motorist provisions of his policy. The insurer rejected the claim and successfully convinced the judge to dismiss the plaintiff’s case on summary judgment–meaning the court felt it was unnecessary to submit the matter to a jury.

Did John Doe cause Morra?

Furthermore, even if the plaintiff could present evidence a third-party “John Doe ” caused the accident with Morra, the plaintiff also failed to present sufficient evidence of damages to establish his entitlement to an insurance payout under his policy.

Is there a rule that the following driver is always at fault in a rear end collision?

Justice Edward M. Morgan of the Superior Court noted in his decision on the insurer’s summary judgment motion that there “is not a hard and fast rule that the following driver is always at fault in a rear end collision.” Nevertheless, the following driver–who was the plaintiff in this case–still has a duty under Ontario traffic regulations to “leave enough room to top in safety given the speed and circumstances.” Based on the available evidence, Justice Morgan concluded the plaintiff “did not meet that standard.”

Can you be 100% convinced that an unknown driver caused your accident?

This may not be obvious to you in the moments immediately following a collision, but it is something you need to understand going forward.

Does an unidentified motorist have to be corroborated?

The judge noted that under the Ontario Insurance Act, the burden of proof is always on the plaintiff requesting coverage under an uninsured or unidentified policy to actually show that he or she was “actually injured by an unidentified motorist.” Indeed, the plaintiff’s specific auto insurance policy said that any claim involving an unidentified vehicle “must be corroborated by other material evidence,” such as an “independent witness or physical evidence.” But the mere fact that an accident took place is not, in and of itself, corroborating evidence.