Georgia, like numerous other jurisdictions, should allow punitive damages to be recovered when there is clear evidence that the defendant was using a wireless device while driving.
Motor carriers are required under the Federal Motor Carrier Safety Regulations to properly screen drivers and obtain background information before hiring. 49 C.F.R. 391.21
The at-fault driver’s insurance company will not only fight the case on fault, but they will do everything they can to de-value the extent of the motorcyclist’s injuries.
‘Tort/negligence’ lawsuits account for only 6% of all civil filings since 1991. (Rand Institute study)