Episode 809.15.26

How Much Can You Sue for a Dog Bite in Georgia?

A dog bite in Georgia is not automatic liability, and the insurance behind it is not automatic coverage. Ted Spaulding of Spaulding Injury Law breaks down how Georgia decides whether an owner is on the hook, where the money comes from, how injuries and scarring get valued, and the provocation defense insurers raise to wipe a case out. Questions answered in this episode: How does Georgia decide if a dog owner is liable for a bite? Is Georgia a strict liability state for dog bites, or do you need a prior bite? Can a leash law violation win a case even with no prior bite on record? What is a breed exclusion, and what happens if the policy won't cover the dog? What is the provocation defense, and how does an owner's insurer use it? What goes into valuing an Atlanta dog bite case? Topics covered: Georgia's dog bite and careless management statute, vicious or dangerous propensity and owner knowledge, the City of Atlanta leash ordinance and negligence per se, Georgia's dangerous dog designation, homeowner's and renter's insurance coverage and limits, breed exclusions, umbrella policies, landlord liability for a tenant's dog, scarring and disfigurement valuation, emotional trauma, minor tolling of the statute of limitations, the provocation defense, and Georgia's 50% modified comparative negligence bar. Georgia law referenced: O.C.G.A. § 51-2-7 (dog owner liability), Atlanta Code Chapter 18 (leash ordinance), O.C.G.A. § 9-3-33 (two-year statute of limitations), O.C.G.A. § 9-3-90 (minor tolling), and O.C.G.A. § 51-12-33 (modified comparative negligence, 50% bar). Ted Spaulding on the one-bite myth: "It's not just bite equals liability. You got to follow that statute." Spaulding Injury Law - Atlanta, Georgia - 20+ years of trial experience. spauldinginjurylaw.com | (470) 695-9950 | Atlanta, Georgia #DogBiteLawyer #GeorgiaDogBiteLaw #ProvocationDefense #AtlantaPersonalInjury #GeorgiaComparativeNegligence #SpauldingInjuryLaw This podcast is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by listening, watching, or commenting. Chapters 00:00:00 Welcome back to Atlanta Car Accident Attorneys with Ted Spaulding 00:01:50 How Does Georgia Decide If a Dog Owner Is Liable for a Bite 00:03:48 Is Georgia a Strict Liability State for Dog Bites 00:07:16 What Must a Dog Bite Victim Prove to Win a Claim in Georgia 00:11:52 Can an Atlanta Leash Law Violation Win a Case Without a Prior Bite? 00:13:37 What Counts as an Owner Knowing Their Dog Was Dangerous 00:17:08 What Insurance Actually Pays After a Dog Bite in Atlanta 00:20:03 How Much Do Homeowner and Renter Policies Really Cover, and What Exclusions Cut That Down 00:22:41 What Is a Breed Exclusion in a Georgia Dog Bite Claim 00:25:01 What Happens if a Dog Bite Injury Is Worth More Than the Homeowner Policy Limits 00:29:46 Can an Atlanta Landlord Be Liable for a Tenant's Dangerous Dog 00:32:14 What Are the Most Common and Most Serious Dog Bite Injuries in Atlanta 00:35:16 How Is Facial Scarring Valued in a Georgia Dog Bite Case 00:37:31 What Medical Complications From a Dog Bite Send Someone to Grady 00:39:11 How Is the Emotional Trauma of a Dog Attack Accounted for in a Claim 00:41:33 What Changes in a Dog Bite Case When the Victim Is a Child 00:43:42 How Does Georgia's Filing Deadline Work, and How Is It Different for a Child 00:46:14 What Is the Provocation Defense in a Georgia Dog Bite Case 00:49:11 Can Being Partly at Fault Wipe Out a Dog Bite Claim in Georgia 00:52:02 What Goes Into Valuing a Dog Bite Case in Atlanta 00:54:26 What Should You Do First After a Dog Bite in Atlanta 00:56:56 Ted Spaulding's One Piece of Advice for Atlanta Dog Bite Victims

49:45
How Much Can You Sue for a Dog Bite in Georgia?
How Much Can You Sue for a Dog Bite in Georgia?
Episode 8 · 49:45

How Much Can You Sue for a Dog Bite in Georgia?

Protecting Atlanta Accident Victims Through Education and Advocacy

The Atlanta Car Accident Attorneys podcast was created to address a critical gap in public understanding of personal injury rights in Georgia. Theodore Spaulding recognized that many accident victims make costly mistakes in the hours and days following a collision simply because they don't know their legal rights or how insurance companies operate. Through candid discussions and real-world examples, this podcast empowers listeners with the knowledge they need to protect their interests after an accident on Atlanta's busy streets and highways.

Each episode tackles specific aspects of personal injury law that directly impact accident victims in the Atlanta metropolitan area. Theodore Spaulding draws from years of experience handling cases involving I-285 accidents, Peachtree Street collisions, downtown pedestrian incidents, and serious crashes throughout Fulton, DeKalb, and Cobb counties. Listeners gain insights into Georgia's unique legal landscape, including the state's modified comparative negligence rule, statute of limitations considerations, and strategies for dealing with major insurance carriers that operate in the region.

Every accident victim deserves to understand their rights and options. Knowledge is power when you're facing insurance companies with unlimited resources and experienced legal teams working against your interests.

Theodore Spaulding, Spaulding Injury Law

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This episode covers essential steps for protecting your rights after an Atlanta car accident, from scene documentation to insurance negotiations.

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Theodore Spaulding

Theodore Spaulding

Spaulding Injury Law

Founder & Lead Trial Attorney

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What Does Georgia's Motorcycle Helmet Law Actually Require?
Episode 755:57

What Does Georgia's Motorcycle Helmet Law Actually Require?

A motorcycle case runs into problems a car crash never sees: jurors who assume the rider was reckless, an insurer ready to use the helmet against the claim, and a rule that can zero out a case entirely. Ted Spaulding of Spaulding Injury Law breaks down rider bias, the helmet law, conspicuity, and the coverage gap that catches riders off guard. Questions answered in this episode: What makes a Georgia motorcycle case different from a car accident case? What does Georgia's helmet law actually require? Does Georgia's 50% bar destroy a motorcycle case if the rider shares fault? What is conspicuity, and why does it beat the "I never saw the motorcycle" excuse? What insurance actually pays after a motorcycle crash? Topics covered: motorcycle rider bias, Georgia's universal helmet law (O.C.G.A. 40-6-315), the helmet defense, Georgia's modified comparative negligence rule and 50% bar (O.C.G.A. 51-12-33), insurance adjuster tactics, Georgia's lane-splitting ban, conspicuity, left-turn and dooring crash patterns, traumatic brain injury documentation, the motorcycle coverage gap, uninsured and underinsured motorist coverage, punitive damages, and Georgia's two-year statute of limitations. Georgia law referenced: O.C.G.A. 40-6-315 (universal helmet law), O.C.G.A. 51-12-33 (modified comparative negligence, 50% bar), and Georgia's two-year statute of limitations for personal injury with a four-year property damage window. Ted Spaulding on Georgia's 50% bar: "If the jury puts 50% or more fault for the wreck on the motorcyclist, you get zero. No recovery at all." Spaulding Injury Law - Atlanta, Georgia - 20+ years of trial experience. spauldinginjurylaw.com | (470) 695-9950 | Atlanta, Georgia #MotorcycleAccidentLawyer #RiderBias #GeorgiaHelmetLaw #GeorgiaComparativeNegligence #AtlantaMotorcycleCrash #SpauldingInjuryLaw This podcast is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by listening, watching, or commenting. Chapters 00:00:00 Welcome back to Atlanta Car Accident Attorneys with Ted Spaulding 00:02:22 What Makes a Georgia Motorcycle Case Different From a Car Accident Case 00:04:24 What Is Rider Bias and How Does It Work Against a Motorcyclist in a Georgia Jury 00:07:15 What Does Georgia's Motorcycle Helmet Law Actually Require 00:10:31 How Insurers Try to Use a Rider's Own Helmet Against the Claim 00:12:46 Does Georgia's 50% Comparative Negligence Rule Destroy a Motorcycle Case 00:16:28 What Playbook Do Georgia Insurance Adjusters Run to Blame the Rider 00:18:54 Why Does Georgia's Lane-Splitting Ban Get Used Against Riders Who Never Split 00:21:27 What Is Conspicuity and Why Does It Beat the "I Never Saw the Motorcycle" Excuse 00:24:04 Where Do Motorcycle Visibility Crashes Happen Most Often Around Atlanta 00:25:59 Why Are Left-Turn Crashes the Most Common Way Drivers Hit Riders 00:27:43 How Does Dooring on a Street Like Peachtree Fit the Visibility Problem 00:29:55 Why Are Motorcycle Injuries So Severe, and What Does Grady See Most 00:33:20 How Does a Motorcycle Traumatic Brain Injury Get Documented at Grady 00:35:54 How Is a Serious Motorcycle Case Valued in Georgia 00:39:30 What Insurance Actually Pays After a Motorcycle Crash in Georgia 00:43:27 What Is Georgia UIM Coverage and Why Do Riders Skip It 00:47:58 Can a Georgia Motorcycle Case Unlock Punitive Damages 00:49:59 How Long Does an Injured Rider Have to File in Georgia 00:52:46 How Do You Pull a Georgia Crash Report and What Does the Officer's Note Do to the Case 00:55:57 What Scene Evidence Wins a Motorcycle Case in the First 60 Seconds 00:58:30 What Mistakes Kill a Georgia Motorcycle Claim 00:59:59 Ted Spaulding's Final Word for Injured Georgia Riders

Uber or Lyft Accident in Atlanta: Who Pays? The Rideshare Insurance Gap Explained
Episode 650:24

Uber or Lyft Accident in Atlanta: Who Pays? The Rideshare Insurance Gap Explained

A rideshare wreck runs on different insurance rules than a normal car accident: Georgia's TNC statute swings coverage from $50,000 to $1,000,000 depending on what the Uber or Lyft app was doing at the moment of impact. Ted Spaulding of Spaulding Injury Law breaks down the three coverage periods, who you can actually sue, how Georgia splits fault, the evidence that decides the case, and the deadline that doesn't move. Questions answered in this episode: What makes a rideshare wreck different from a regular car accident? Who actually pays after an Uber or Lyft accident? What is the $1 million insurance policy on a rideshare, and when does it apply? Can you sue Uber or Lyft directly, or only the driver? How is fault decided in a rideshare crash under Georgia law? What should you do immediately after a rideshare crash to protect your claim? What is the deadline to file a rideshare accident claim in Georgia? Topics covered: Georgia TNC Insurance Statute, the three rideshare coverage periods, the $50,000 to $1 million coverage gap, app telemetry and trip-record evidence, vicarious liability and independent contractor status, Georgia's modified comparative negligence rule, multi-policy insurance stacking, hospital liens, Georgia's hands-free law and punitive damages, Fulton County venue, and the two-year statute of limitations. Georgia law referenced: the Georgia TNC Insurance Statute (2024), Georgia's modified comparative negligence rule, Georgia's hands-free driving law, the Georgia hospital lien statute, and the two-year personal injury statute of limitations. Ted Spaulding on the coverage gap: "There's this massive fifty thousand to a million dollar gap depending on the facts of the case with the use of the Uber or Lyft app." Ted Spaulding on comparative negligence: "If the jury is going to put 50% fault on you, the plaintiff, or higher, then you get zero." Ted Spaulding, Founder of Spaulding Injury Law, Atlanta, GA, with 20+ years of trial experience and a greater than 99% success rate since 2005. spauldinginjurylaw.com | (470) 695-9950 | Atlanta, Georgia #RideshareAccident #UberLyftLawyer #GeorgiaTNCStatute #AtlantaPersonalInjury #ComparativeNegligence #SpauldingInjuryLaw The information shared in this episode is for educational purposes only and does not constitute legal advice. Every case is unique. Contact Spaulding Injury Law or a licensed attorney in your jurisdiction to discuss your specific situation. Chapters 00:00:00 Welcome back to Atlanta Car Accident Attorneys with Ted Spaulding 00:00:56 What Makes an Atlanta Rideshare Wreck Different? Georgia TNC Statute 00:03:47 Who Pays After an Uber or Lyft Crash: Driver, Company, or Your Insurer? 00:07:01 What Is the $1 Million Rideshare Policy and When Does It Apply? 00:09:01 What Are Period One, Two, and Three in Rideshare Insurance? 00:11:26 What Is the Coverage Gap When the App Is On but No Ride Is Accepted? 00:13:32 Can You Sue Uber or Lyft Directly, or Only the Driver in Georgia? 00:15:39 What If a Rideshare Driver Hits You in Your Own Car? 00:16:26 How Is Fault Decided in an Atlanta Rideshare Crash? 00:18:53 What Does Georgia's Comparative Negligence Rule Mean for Recovery? 00:21:50 What Happens When Two Drivers Share Blame in a Rideshare Crash? 00:24:27 How Do You Prove Which Insurance Period Was Active at Impact? 00:26:52 Why Is the Trip Record Key Evidence in a Georgia Rideshare Case? 00:28:56 How Fast Does Rideshare App Data Get Overwritten in Georgia? 00:31:09 Does Georgia's Hands-Free Law Affect a Rideshare Accident Case? 00:35:00 What Should You Do Right After an Atlanta Rideshare Crash? 00:36:24 Does a Georgia Crash Report Even Mention Uber or Lyft? 00:39:29 What Damages Can You Recover in an Atlanta Rideshare Case? 00:41:39 How Do Hospital Liens Get Paid While an Atlanta Claim Is Pending? 00:46:08 Which Atlanta Court Hears a Rideshare Injury Case? Fulton County 00:47:57 What Is Georgia's Deadline to File a Rideshare Accident Claim?

Why Truck Accident Cases Are Worth More in Atlanta, Georgia and Harder to Win
Episode 501:02:15

Why Truck Accident Cases Are Worth More in Atlanta, Georgia and Harder to Win

A commercial truck crash is governed by federal law, not state law. Ted Spaulding of Spaulding Injury Law breaks down why FMCSA regulations create a totally different legal framework, how multi-party liability stacks (driver, carrier, insurer, cargo company, freight broker), why the 30-day evidence window closes fast, and how black box data combined with electronic logging devices becomes case-winning proof. These cases yield eight-figure verdicts when tried, but the carrier's go-team response means you're behind from hour one. Questions answered in this episode: Why is a truck case different from a regular car accident case from a legal standpoint? Who can be held responsible after a commercial truck wreck? Why are truck accident injuries typically more severe than car accident injuries? How do federal insurance requirements for trucks compare to personal auto policy limits? What federal regulations govern trucking companies that do not apply to ordinary drivers? Why does evidence disappear so fast in a truck accident case? What is a black box on a truck and what does it tell investigators? Topics covered: Federal Motor Carrier Safety Administration (FMCSA) regulations, 49 CFR 350-399, hours of service violations, electronic logging devices (ELDs), event data recorders (EDRs), black box data analysis, Safer database, CSA safety scores, vicarious liability and respondeat superior, independent contractor defense, multi-party liability stack including cargo companies and freight brokers, comparative negligence, spoilation of evidence letters, federal minimum insurance ($750,000), catastrophic injury damages, life care planning, economic and non-economic damages, punitive damages for willful and wanton conduct, trial readiness strategy versus settlement. Georgia legal authorities: Georgia vicarious liability law (respondeat superior), Georgia comparative negligence statutes, Georgia punitive damages statute with $250,000 cap (exceptions for DUI cases), 75 percent punitive damages split to State of Georgia. "Trucking cases are different and you need to get with a lawyer as quickly as possible. The other side has that go team on the other side, and you're already behind the eight ball. Call someone early, early, early, at the very least to get really rock solid advice. But more so, I think everyone needs a lawyer in a trucking case, so please, please call somebody." - Ted Spaulding Ted Spaulding is a personal injury attorney and founder of Spaulding Injury Law in Atlanta, Georgia, with over 20 years of trial experience in commercial vehicle cases. Spaulding Injury Law | Atlanta, Georgia | (470) 695-9950 | spauldinginjurylaw.com #TruckAccidentLawyer #FMCSARegulations #CommercialTruckCrash #CatastrophicInjury #SpauldingInjuryLaw #AtlantaPersonalInjury #GeorgiaLaw #CarAccidentAttorney The information shared in this episode is for educational purposes only and does not constitute legal advice. Every case is unique. Contact Spaulding Injury Law or a licensed attorney in your jurisdiction to discuss your specific situation. Chapters 00:00:00 Why Is a Truck Accident Case Worth So Much More Than a Car Case? 00:00:48 Why Does a Truck Case Operate Under a Totally Different Legal Framework? 00:01:05 Who Can Be Held Responsible After a Commercial Truck Wreck? 00:04:09 What Makes Truck Accident Injuries Typically More Severe Than Car Accident Injuries? 00:07:23 How Do Federal Insurance Requirements for Trucks Compare to Personal Auto Policy Limits? 00:09:49 What Federal Regulations Govern Trucking Companies That Don't Apply to Ordinary Drivers? 00:12:31 What Is FMCSA and What Are the Hours of Service Regulations? 00:14:59 Why Does Evidence Disappear So Fast in a Truck Accident Case? 00:16:12 What Is a Black Box on a Truck and What Does It Tell Investigators? 00:19:06 How Do Driver Logbooks and Hours of Service Records Become Evidence? 00:21:47 What Does the Firm Actually Do in the First 30 Days of a Truck Case? 00:25:02 Why Do Truck Accident Cases So Often Involve Expert Witnesses? 00:31:49 How Does a Trucking Company Try to Limit Its Own Exposure After a Crash? 00:36:24 What Role Does the Truck Driver's Qualification and History Play in a Case? 00:38:47 How Can a Cargo Problem or Overloaded Trailer Cause a Serious Crash? 00:42:11 What Is Negligent Maintenance and How Does It Lead to Truck Accidents? 00:45:22 How Does Driver Fatigue Actually Factor Into a Truck Accident Claim? 00:47:46 How Is the Value of a Truck Accident Case Calculated? 00:53:19 What Are Economic Damages in a Catastrophic Trucking Case? 00:54:21 How Are Non-Economic Damages Valued When Injuries Are Life-Altering? 00:58:05 When Can a Family Pursue Punitive Damages Against a Trucking Company? 01:02:53 What Is the Difference Between Settling a Truck Case and Taking It to Trial? 01:06:32 One Piece of Advice for Anyone Hit by a Commercial Truck in Georgia 01:07:11 How to Reach Spaulding Injury Law for a Free Consultation