The tractor-trailer went off one side of the roadway and the driver overcorrected and came back across his own lane and the oncoming lane of traffic and off the roadway and into a tree. Gratefully, no one was injured except for the driver, who did not appear to be injured seriously. This type of accident, however, where a tractor-trailer travels clear across the roadway into oncoming traffic can cause horrific injuries and deaths. It is a credit to the Motor Carrier Compliance Officer for issuing the citations, even though there were no such injuries or deaths. The citations send a message that violating the traffic laws applicable to tractor-trailers will not be tolerated in this state.

The first thing the new legislation would do is cap non-economic damages at $250,000. This is the same type of cap that the Georgia General Assembly tried to install in its 2005 tort reform legislation, which was found unconstitutional under the Georgia Constitution. (Please see my earlier Blog on this issue.) Because the new caps would become federal law, they can only be determined to be unconstitutional under our federal Constitution. Accordingly, that Georgia caps where unconstitutional, the federal caps may not be.

It appears there are a number of things the law will do. If the law as currently written is passed, it appears Georgia citizens will not be allowed to own a dangerous or vicious dog unless they buy liability insurance providing coverage of at least $50,000. I think this is a great requirement because in my practice it is not uncommon to have a client who has been seriously injured by a Pit Bull or other vicious dog and the owner has NO insurance. Often, medical bills alone arising from a serious dog bite can be tens of thousands of dollars. Additionally, the physical and as importantly, the emotional, pain and suffering, as well as the often disfiguring lifetime scars suffered by dog bite victims allow juries to award significant money damages when a lawsuit is filed.

Claims can also be made against the business owner where the crime occurs. Prevailing on such claims, however, is very difficult and requires hiring an experienced crime victim lawyer. I previously wrote a blog on this topic discussing most of the issues and the work required when representing crime victims in a lawsuit against a property owner. Unfortunately, I failed to discuss the apportionment of damages defense now available to landowners to defend these claims.

Before the Supreme Court ruling, the Dram Shop Act, the law that allows claims against those who sell alcoholic beverages to drunk drivers, only applied to restaurants and bars, or others who actually poured alcohol to drunk drivers. Now Atlanta and Georgia car accident lawyers can pursue retailers, in addition to restaurants and bars, to recover damages for those seriously injured and the families of those killed by drunk drivers. This is extremely important because DUI drivers often have very little or no insurance to satisfy judgments in favor of the injured or killed.