Atlanta Personal Injury Lawyers Blog

Yes, trucking accidents differ greatly not only in the severity of the injuries but in the way insurance companies handle them. The metro Atlanta area is a hub for southeast commercial trucking companies creating heavy semi truck traffic on our interstates, especially around the Perimeter on I-285. Loaded 18 wheelers can weigh up to 80,000 pounds compared to the weight of an average car at 3-5,000 pounds. As you can imagine, a collision between these two motor vehicles could be deadly.

In 2007 in Georgia, almost 30% of the trucking accidents with fatalities occurred on an interstate highway. The law of physics tells us that tractor trailer trucks handle differently from cars and require more space for turning, braking and merging, but did you know that there is usually more than one factor for the cause of trucking accidents? For example, semi truck accidents often are the result of driver fatigue coupled with poor truck maintenance or an over-loaded trailer. Frequently, the triggering event for a semi truck accident is a moving violation such as improper lane change or following too closely. When a trucking accident occurs, the first call to the trucking company about the accident leads to an immediate call to their attorney and insurance company. Trucking companies react quickly to limit damages and will aggressively defend lawsuits arising out of trucking accidents.

Commercial vehicle crashes require preservation of evidence, accident reconstruction, complex medical evidence of injuries and a good understanding of the Federal Motor Carrier Safety Act which governs commercial trucking companies and drivers with rules and regulations which help keep us safe.

Many lawyers are not prepared for the complexities of a trucking case, failing to thoroughly investigate and protect evidence. A trial lawyer must be willing to devote extensive time and energy to handling truck accident cases in addition to having a strong familiarity with the commercial trucking industry insurance issues. Because trucks travel between states, these cases often end up in Federal court which require knowledge of Federal rules of procedure.

Resources:

How to Choose a Lawyer

Federal Motor Carrier Safety Administration Progress Report

If you are in a car accident or a truck accident while travelling through East Point, Georgia, just southwest of Atlanta near College Park and the Atlanta International Airport, you may be assessed motor vehicle accident response fees for city emergency services such as police, fire and rescue. East Point City Council passed an ordinance charging fees from $100 to $300 per emergency vehicle for certain motor vehicle accidents within the city limits.

Even though the State of Georgia has banned the practice of imposing car accident fees on insurance companies for emergency response services to car or trucking accidents, third party collection companies and municipalities have found a gold mine in a loophole which allows the assessment of car crash fees against citizens. In East Point, they are assessing nonresidents who are at fault in accidents within the city limits. The third party collection agency bills the insurance company for the fees assessed against the insured. The fees are paid by the insurance company and can eventually result in higher insurance rates for the consumer.

The first to get paid from these fees is the third party collection company which takes the first cut; the balance goes to the city. Of course, if you don't have insurance, the third party administrator has no one to bill and it is doubtful they will try to collect from you. But if you are a law abiding citizen who has auto insurance and you are a nonresident who is at fault in an accident in the city limits of East Point, your insurance company will be getting the bill.

East Point is not the first to consider these fees as many other municipalities throughout the United States have been approached by the third party collection companies offering a quick way to increase income. Many have declined to impose the controversial accident fees after public discussion. This backdoor tax is a way for struggling municipalities to fund their services. Whether it is fair or not it creates a tremendous amount of ill-will between residents and nonresidents. What will be the effect on the businesses within these cities? Will nonresidents go elsewhere to do business rather than East Point? What a shame since East Point has some wonderful restaurants and parks including Connally Nature Park home to the largest White Oak tree in Georgia.

Read more:

Official Code of Georgia. See 33-8-8.2(e) for law on accident response fees.

Georgia Insurance Commissioner for consumer information on auto insurance.

One of the most important Federal Motor Carrier regulations requires truck drivers to maintain detailed logs of the actual hours a driver spends behind the wheel and the progress of his trip. The Hours of Service regulations help avoid metro Atlanta trucking accidents by minimizing driver fatigue. The Georgia Department of Public Safety Motor Carrier Compliance Division has inspection stations along the interstates around metro Atlanta to check truck driver logs and maintenance records.

At the Georgia Inspection Stations, the most commonly violated safety regulations which can lead to trucking accidents include exceeding hours of service, not keeping time records, and no medical examination for the driver. At the end of a trip, truck drivers complete post-trip inspection reports which include any work orders and the condition of the brakes, lights, coupling devices and other equipment. These records along with the driver logs are very important in the event of a semi truck accident.

Knowing the regulations as they relate to the hours a driver may be on the road and the hours he must take as a break before returning to the road are critical to a trial attorney pursuing a case for a trucking accident victim. A good truck accident attorney will know what records must be kept and how to access all records maintained by the commercial trucking company. We all know, knowledge is power and it certainly is in trucking accident cases.

Resources:

Federal Motor Carrier Safety Administration SAFER System: Check safety records of individual carriers.

Atlanta is home to the Hartsfield-Jackson Atlanta International Airport which is the busiest passenger airport in the world. The Atlanta airport also has the tallest air traffic control tower in North America and the third largest tower in the world. With over 2700 arrivals and departures every day, you may wonder how so many planes manage to avoid mid-air collisions especially, if like many other Georgia residents, you have been following the airplane accident that occurred over the Hudson River earlier this month.

In that airplane accident, a small plane crashed into a sight-seeing helicopter killing nine people. The National Transportation Safety Board has raised questions about the unregulated flights and the Federal Aviation Administration is looking into the liability of the air traffic controllers. Specifically, the FAA is determining whether the air traffic controllers failed in their duty to keep the planes separated and apprised of each other's location.

Even though it is safer to travel in an airplane than drive a car, airplane accidents often involve a higher rate of fatalities. While larger planes are involved in fewer accidents, your safety really rests in the hands of a knowledgeable pilot and air traffic controller.

When we board a flight, I suspect that we all try to figure out which seat is the "safest" on a flight. The real answer is there is no "safest" seat. It all depends on what part of the plane is impacted in an accident - a prediction no one can make. What does make a difference is that we listen to the flight attendant's safety instructions and follow them.

Continue reading "Aviation Accidents and Disasters" »

Atlanta car accidents, particularly those involving trucks, often lead to mild traumatic brain injury. With over 133,000 injuries annually due to Georgia car accidents, trucking accidents and motorcycle accidents, many victims often think they have suffered a only a concussion when in fact they have a mild traumatic brain injury.

What is mild traumatic brain injury? A traumatic brain injury occurs when the head is violently impacted causing injury to the brain. Mild traumatic brain injury is most often characterized by a loss of consciousness for less than thirty minutes, confusion, disorientation or amnesia near the time of the car accident. Approximately 42,000 Georgians per year suffer brain injuries. Of these, approximately 75% are mild traumatic brain injuries.

Often referred to as the invisible injury, many victims find that they no longer can concentrate, have short term memory loss and even emotional problems. Brain injuries cause physical, cognitive and emotional impairment. While early symptoms may appear to be mild or inconsequential, they can lead to significant and life-long impairment.

If you or a loved one are in a car accident and experience a head injury, it is important that you see a doctor for appropriate diagnosis especially if you notice a change in sleep patterns, confusion, fatigue or mood swings. If in fact you have suffered a mild traumatic brain injury, seeking help quickly will increase your chances of a full recovery. Up to 15% of those diagnosed with mild traumatic brain injury have persistent disabilities.

Resources for victims of brain injury:

Brain Injury Association of Georgia

Georgia Brain Injury Treatment Facilities

In Georgia, as our population ages, more of us will face choosing a nursing home for our family members. For many of us, our top concern is how to insure our loved ones receive excellent care, but we also need to be able to recognize the symptoms of abuse. The Atlanta Legal Aid Society conducted a study designed to explore nursing home abuse and neglect in the Atlanta area including nursing homes and assisted living facilities in Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Fulton, Gwinnett, Henry and Rockdale counties. These areas are served by the Atlanta Long Term Care Ombudsman Program which advocates on behalf of residents of long-term care facilities.

Importantly, the study found that in the Atlanta area, 44% of the nursing home residents who were interviewed had been abused and 38% of those residents had seen another resident abused by staff. Of those who saw abuse take place, 56% reported the abuse. Those who did not report the abuse, feared retaliation if they spoke up.

Even more frightening is the fact that 95% of those residents interviewed said they had been neglected or seen others neglected. For example, not giving a resident water or not helping them with personal hygiene. So what signs of neglect or abuse should you look for?

One of the first signs of nursing home abuse or neglectis a change in behavior. Look for a withdrawal from normal activities or depression. The National Center on Elder Abuse listed these additional signs: bruising, broken bones, bedsores, poor hygiene and unusual weight loss as indicators of abuse or neglect.

To be aware of abuse or neglect you must stay involved in the care of your loved one. You are their life-line and you must be willing to advocate on their behalf. There are many resources to help you and the first stop should be the Georgia Ombudsman program discussed in a previous post on nursing home abuse and neglect.

Additional resources:

Georgia Ombudsman

National Center on Elder Abuse

In Georgia, more than 33,982 people live in nursing homes under the care of someone other than a family member. They are there because they need help with everything including walking, daily living activities, or chronic health problems. Many of the more than 346 Georgia nursing home facilities are located in the Atlanta metro area because of the proximity to hospitals and healthcare professionals. If you have ever had a family member in a nursing home, home care or assisted living facility you probably had concerns about their care. And unfortunately, you are right to be concerned. Georgia nursing home abuse and injuries are on the rise.

Our older relatives need us to protect them. They are most susceptible to injury or abuse when they are suffering from dementia, Alzheimer's, and serious physical disabilities. Under the Federal Older Americans Act, every state must have an Ombudsman program which is a fancy word for an advocate, in this case, for residents of in the long term care system in Georgia. If you have a concern about the quality of care your loved one is receiving the Georgia State Ombudsman is a great resource.

In a national study, over 88.1% of all nursing home facilities had deficiencies of some level. A deficiency is any problem which can result in a negative impact on the health and safety of residents. Nursing home neglect includes any failure to care for a person in a way that would avoid harm or pain, such as incorrect body positioning which leads to bed sores and skin breakdown, lack of bathing which affects dignity and hygiene, and ignoring calls for help. Nursing home abuse is the infliction of intentional pain or harm and includes physical, emotional, verbal and sexual abuse such as hitting, pinching, force-feeding, slapping, berating, and rough handling.

When you consider a facility for your family member, do the research, plenty of information is available to you to help select an appropriate nursing home or assisted living facility with a record of good care. Most importantly, you must stay involved in the care of your family member. Frequent visits, a good relationship with the staff and an understanding of the health problems your loved one has will enable you to be an advocate for them.

Continue reading "Georgia Nursing Home Abuse and Neglect: What You Need to Know" »

As we travel from Clayton County in the south to Fulton County in the north, we know our chances of being involved in a car accident in the metro Atlanta area is high. Between irate or distracted drivers and heavy traffic, we all feel the stress of driving in the Atlanta area. If only Georgia drivers were as friendly and hospitable behind the wheel of a car as they are in person. In 2006, the last date for which data is available, 133,399 people were injured in car accidents in Georgia. Of those injured in accidents, over 6000 were seriously injured.

But what do you do when you are involved in a car accident, especially one with injuries? Often, your first reaction is confusion and fear. I have put together some general guidelines that I hope will help if you are ever in the unfortunate position of being involved in a car accident, especially with injuries.

1. First, take care of the injuries. Make sure you and others are okay and get to a safe place, off the road and away from the cars, then call 911. Don't stay in a vehicle that is in the middle of a roadway. If it is possible to safely move the vehicles out of traffic then do so.

2. If everyone is okay, then exchange information with the other driver, but don't discuss the accident. When talking to the police or highway patrol about the accident, be truthful, but don't guess. Avoid apologizing, making statements like "I didn't see you," or anything that later on, once the investigation has been completed, could be taken as an admission of fault.

3. Notify your insurance company. Before you have an accident, it is important to review your policy to find out how much and what kind of coverage you have.

4. If you are injured, seek medical assistance. Sometimes you are in shock and may not even realize you are injured. It never hurts to visit the hospital and be checked out.

5. Request a copy of the car accident report for your records.

Continue reading "I've been Injured In An Atlanta Car Accident: What do I do next?" »

Today, just south of I-20 on I-285 in DeKalb County, an SUV caused an 18 wheeler truck to crash into a group of motorcyclists. In a chain reaction, the semi truck hit three motorcycles in the tragic Atlanta accident. As a result of the trucking accident, there was one fatality and four bikers were taken to area hospitals along with the driver of the SUV.

The group of bikers were headed to the National Biker Round Up being held at the Atlanta Speedway. The week long event is sponsored by the Georgia Biker Committee. Before heading to the round up, many groups of bikers discussed safety rules such as riding staggered to give each other room to maneuver, using hand signals early, and staying together as a group.

Each year since 1997, motorcycle fatalities have increased with a high of 4,810 in 2006, the last year for which there was available data. Safety on the highways is critical to avoid trucking accidents or motorcycle accidents. But even when you are prepared, you can't predict what another driver may do. My husband rides his own steel horse and takes all the necessary precautions but I worry every time he heads out. The size of motorcycles makes them no match for tractor trailer trucks or cars. The wrongful deaths that occur as a result of someone's careless driving create pain and misery for all involved.

Read more:
One Man Dead in I-285 Accident

Nashville Motorcycle Lifestyles Examiner article

U.S. Department of Transportation Action Plan to Reduce Motorcycle Fatalities

On Saturday, a drunk driver headed north in the southbound lanes of I-20 near Savannah colliding with a minivan. The driver died in the Georgia car accident as did three adults in the van; thankfully, three children survived the crash. We read about these kinds of drunk driving accidents everyday in the Atlanta area and, although we don't know the particular facts of this horrible car accident, you may wonder if there is any liability on the person who served the driver alcohol. Georgia law in this area is covered by what is known as the Dram Shop Act.

The aim of this liquor liability law is to prevent businesses from serving anyone who is visibly intoxicated and decrease the number of drunk driving accidents on our Georgia highways. This law is tailored to address businesses who sell, furnish, or serve alcohol to someone who is in a state of noticeable intoxication and that they know will soon be driving a motor vehicle. The Dram Shop Act also covers serving alcohol to minors. In other words, adults who knowingly furnish alcohol to minors are liable for injuries caused by the minor due to intoxication.

Almost 50% of drunk drivers start their impaired driving journey from a licensed liquor establishment. Researchers with the National Highway Traffic Safety Administration have found there is a direct correlation between alcohol serving practices and the over consumption of alcohol which can lead to car accidents.

Our Atlanta personal injury law firm has successfully sued bars for negligence under the Dram Shop Act when the bar failed to quit serving someone who later drove drunk causing serious injury to our clients. This is one type of negligence that should always be considered when dealing with a drunk driving accident.

Read more:

Laws Prohibiting Alcohol Sales To Intoxicated Persons

National Highway Traffic Safety Administration