Throughout the course of our law practice at the Houghton Law Firm, LLC, we have confronted numerous complex legal issues in handling and litigating many trucking accident and auto wreck cases. We try to share as much insight as we can with other practitioners and clients so they may more fully understand how to pursue these claims and anticipate the defenses that may arise.
SHOULD THAT TRUCK DRIVER BE ON THE ROAD? NEGLIGENT HIRING, RETENTION, ENTRUSTMENT CLAIMS IN TRUCK ACCIDENT CASES
The objective of this article is to give an overview of negligent hiring, retention, and entrustment law in Georgia and the evidence gathering process required to support such claims. In the context of trucking cases, the overworked and underpaid over-the-road driver can often be a source of sympathy for the defense. From the Plaintiff attorney’s perspective, it is important to not merely fixate on the driver’s shortcomings and conduct in causing a tractor-trailer crash. The practitioner should focus a considerable amount of attention on the motor carrier’s conduct in potentially ignoring all of the warning signs of an unsafe driver.
DRUNK DEFENDANT? DUI LIABILITY - PRACTICAL POINTERS FOR LITIGATING INJURY / WRONGFUL DEATH CASES INVOLVING DUI / ALCOHOL-RELATED CONDUCT
The objective of this paper is to give a basic overview of the process every Plaintiff’s lawyer should consider when representing a victim (or victim’s family) of a collision involving alcohol-related conduct. This paper is written from the perspective of a Plaintiff’s lawyer and is intended to offer guidance in building and proving a punitive case at trial. However, there is a vast array of information available to both sides in these cases, and these practice pointers should not be construed as solely beneficial to the Plaintiff’s attorney.
WHAT ARE PUNITIVE DAMAGES? PUNITIVE DAMAGES: ADMISSIBLE EVIDENCE, PRACTICAL CONSIDERATIONS, CONSTITUTIONAL / PROPORTIONAL CHALLENGES
The objective of this article is to give an overview on punitive damages law in
Georgia in the context of personal injury cases involving alcohol or drug-related
impairment. Specifically, this topic will include a discussion on the admissibility of
specific evidence supporting punitive damages, as well as practical considerations for litigating and trying cases that involve this type of conduct. Further, we will briefly cover the current state of appellate decisions that address punitive damages.