Attorney Kyle Koester, representing the most severely injured among the children, managed to negotiate a settlement of $805,000 from the school district’s insurance company, avoiding prolonged litigation. This settlement marks a milestone as it is recognized by CaseMetrix as the highest for a non-fatal crash in the county.

Speaking on the case, Koester shared his perspective on handling such a unique and serious case, “Handling thousands of car and truck wrecks, a school bus case of this nature was particularly challenging. The video of the incident, showing the immediate and severe impact on these children, underscores the critical nature of securing justice for the victims.”

The bus driver, cited for negligence after reaching to secure a loose band instrument while driving, inadvertently caused the bus to run off the road. This momentary lapse, captured on dashcam, led to significant consequences for all aboard.

The Law Offices of Kyle E. Koester, LLC, are pleased that the school district and its insurer have recognized the gravity of the injuries and opted for a settlement that reflects the serious nature of this accident. This resolution not only provides necessary compensation to those affected but also emphasizes the importance of safety and vigilance on our roads.

For more information on this case or to view the disturbing footage of the bus accident, please contact us online or contact our office directly. We remain committed to advocating for the safety and rights of our community members, especially our children.

Disclaimer: This press release is for informational purposes only and does not constitute legal advice.

Media Contact
Company Name: Law Offices of Kyle E. Koester
Contact Person: Kyle E. Koester, Attorney at Law
Email: Send Email
Phone: +17707445250
Address:420 Creekstone Ridge #201
City: Woodstock
State: GA 30188
Country: United States
Website: https://koesterlegal.com/

In a defining moment for Georgia law, the Supreme Court has reinterpreted “use of a motor vehicle” within state insurance and liability statutes, significantly affecting sovereign immunity in police pursuit incidents. This pivotal change was influenced by the diligent advocacy of Woodstock car accident attorney Kyle E. Koester, representing Clementina Hernandez-Flores, who was injured during a 2015 police chase in Roswell.

This transformational ruling, emerging from the case McBrayer et. al. v. Scarbrough, expanded the legal understanding of motor vehicle “use,” prompting a reassessment of the Hernandez-Flores case. Koester’s efforts were crucial in challenging restrictive interpretations of the law, advocating for a broad, common-sense application that recognizes the diverse ways police vehicles are utilized beyond mere transportation.

Attorney Kyle E. Koester offered a detailed reflection on the Georgia Supreme Court’s ruling, emphasizing its profound impact: “We are profoundly grateful for the Georgia Supreme Court’s examination of this crucial issue of Sovereign immunity and the historical interpretation of OCGA § 33-24-51. This statute’s application, especially in instances where a city’s use of a vehicle during a police chase results in catastrophic harm, has long needed a common-sense clarification. The Court’s decision in McBrayer et. al. v. Scarbrough to redefine ‘use of a covered vehicle’ underlines the necessity of looking beyond narrow interpretations offered by insurance companies.”

Koester further highlighted the broader implications of this ruling for legal practice and the pursuit of justice: “The Court’s practical approach has not only set a precedent for the re-evaluation of Clementina Hernandez’s case but also confirms the vital distinction between ‘operation’ and ‘use’ as the statute delineates. This distinction is crucial for legal professionals to grasp, as it underscores the fact-intensive nature of these cases. We are optimistic that this clarity will pave the way for just compensation for Clementina and her family. Larry Stewart and I are especially thankful for Mr. Webster’s persistence in bringing the McBrayer case to the Supreme Court, which has now illuminated a path forward for cases involving the broader use of police vehicles.”

The Law Offices of Kyle E. Koester, LLC, remains committed to advocating for those injured due to the actions of others, particularly in complex cases involving government entities and law enforcement. This ruling underscores the importance of nuanced legal interpretation and advocacy in personal injury claims.

About The Law Offices of Kyle E. Koester, LLC

At the Law Offices of Kyle E. Koester, LLC in Woodstock, GA, clients find a legal practice specializing in personal injury. Kyle E. Koester, the managing partner, leverages his extensive training, including graduation from the prestigious Trial Lawyers College, to offer tailored advice and robust representation. The firm is committed to understanding each case’s nuances, aiming for optimal outcomes for those injured in accidents or facing legal challenges. Koester’s professional affiliations underscore his dedication to legal excellence and client advocacy.

Disclaimer: This press release is for informational purposes only and does not constitute legal advice.

Media Contact
Company Name: Law Offices of Kyle E. Koester
Contact Person: Kyle E. Koester, Attorney at Law
Email: Send Email
Phone: +17707445250
Address:420 Creekstone Ridge #201
City: Woodstock
State: GA 30188
Country: United States
Website: https://koesterlegal.com/