Atlanta Personal Injury Lawyers Blog

This week, the State Supreme Court released an opinion having incredible impact on Georgia personal injury cases including car and truck accidents. Ruling that plaintiffs bringing personal injury lawsuits for car accidents and trucking accidents may have additional time to file their lawsuits based on whether the at-fault driver received a citation. The Court relied on the Official Code of Georgia § 9-3-99 which provides that in any tort action arising out of the commission of a crime the two year statute of limitation is tolled or "paused" from the date of the crime until the prosecution of the crime is final, so long as it does not exceed six years from the time of the injury. The Supreme Court found that traffic citations are crimes because they are misdemeanors.

How does this apply? In the case before the court, the plaintiff was a passenger in a car which was rear-ended in an accident near Fort Stewart on April 27, 2005. The at-fault driver was issued a citation for following too closely which was paid and disposed of about three weeks after the accident on May 19, 2005. Under the Court's new ruling, the time clock for the two year personal injury statute of limitations didn't begin to run until the ticket was taken care of either by payment of a fine or disposition in court meaning this plaintiff, had until May 19, 2007 to file her lawsuit.

This is not to say that it is wise to wait until the last minute to file a lawsuit - evidence is lost, memories grow weak, and you often lose the ability to thoroughly investigate your case because you are rushing to meet the statute of limitations. However, it is nice to know that for now, or at least until the Legislature changes the law to prevent tolling for traffic citations, people injured in accidents have a little more breathing room before filing their lawsuits.

Read more on this case Beneke v. Parker.

Last Wednesday, Sarah Halperin was jogging when she was struck by a car in a metro Atlanta pedestrian accident. She was taken to Atlanta Medical Center, unconscious and with no identification, just her iPod. A recent graduate of Emory University, Halperin had registered her iPod with Apple which turned out to be the only link the hospital had to her identity. Incredibly, the hospital staff was able to trace her iPod registration number to identifying information and then locate her mother.

Car and pedestrian accidents are unfortunately common in an urban area, particularly a community like Decatur where there is greater pedestrian activity. The early morning hours of darkness and light traffic cause many pedestrians, runners and drivers to relax and be a little less cautious than during the busy daylight hours. Pedestrian accidents often have serious injuries such as traumatic brain injury, broken bones and paralysis. Drivers need to keep an extra eye out for pedestrians and runners during the predawn hours and individuals who are on foot need to be aware that they are often not visible to drivers and take extra precaution.

The driver of the car in this accident did the right thing and stopped to help, but some drivers have said they weren't even aware they had hit a person. Here are some safety tips if you are a pedestrian or an active runner: 1) wear an identification bracelet or tag on your shoes, 2) wear reflective clothing, 3) run against traffic, 4) cross only in a crosswalk, and 4) be aware that if you are plugged in to an electronic device you cannot hear cars approaching behind you. We certainly hope for the best for Ms. Halperin and congratulate the nurse who followed up on the iPod registration and tracked down the family members.

Additional Resources:
Road Runners Club of America Safety Tips

Continue reading "IPod Used to Identify Victim of Decatur Pedestrian Accident" »

As Atlanta personal injury lawyers, one of the most frequent questions we get is "How long do I have to file a Georgia claim for a trucking accident injury, wrongful death, slip and fall, etc.?" Generally under Georgia law, you have two years from the date of the injury to make a claim. But don't wait until the last minute; once you are within six months of the statute running, your attorney will be pressed for time to investigate your claim, file the lawsuit and serve the proper parties before your claim is extinguished.

Additionally, if the claim is against a governmental agency you may need to serve notice of the claim within six months of the injury or lose the claim forever. Other nuances in the law also make a difference as to the actual date of the running of the statute. For example, claims of minors in certain cases will remain open for two years beyond their 18th birthday. An example of another twist is where your spouse is seriously injured in a car accident and has a claim for his injuries. Approximately six months later he dies, then you, as his spouse, have your own claim for wrongful death which runs two years from the date of the spouse's death.

There are other instances when the statute of limitations may be tolled which means it is paused. For example, if you are injured by a drunk driver in a motor vehicle accident and the driver is charged with a crime such as DUI, the statute is tolled during the prosecution of the crime but not for more than six years.

The law in this area can be quite complicated, so if you think you have a claim it is better to contact an attorney as soon as possible to discuss your injuries. Let the attorney guide you and protect your rights to a full recovery.

Last night, a father and his ten year old daughter were killed in a north Georgia trucking accident with an out of control Townsend Tree service truck on Georgia Highway 136. A third relative died later at the hospital. The three wrongful deaths occurred near the towns of Rome, Calhoun, Dalton, Jasper and Ellijay. Because this is a large truck accident, a specialized motor carrier unit is assisting with the investigation.

As discussed in an earlier post, trucking accidents are different from car accidents in several ways. Because trucking accidents tend to cause more fatalities, commercial trucks are more heavily regulated both by the state of Georgia and the Federal government. Improperly maintained trucks can contribute to accidents which is why the state requires annual inspections in addition to the safety checks at the Department of Public Safety Truck Weigh Stations you see along the interstate.

Recovering for the wrongful death of those killed in a collision with a semi truck requires specialized knowledge and an understanding of the complexities of the regulations affecting the trucking industry. If you have a question about a truck accident claim, take the time to find an experienced trial lawyer.

When sixteen year old Byron Trent Pyles died as a result of a Locust Grove, Georgia, police van veering into oncoming traffic, it set off a series of lawsuits over who had the right to sue for his wrongful death. The boy's parents filed a wrongful death action against the police officer and the Locust Grove Police. Under Georgia law, if there is no surviving spouse and no children, then the right to maintain the suit belongs to the parents. However, in this case, Pyles' daughter was born five months after his death and a wrongful death action was filed on behalf of the infant.

A wrongful death occurs when a person is killed by the negligence or reckless conduct of another and Georgia law permits certain parties to sue for the wrongful death. Specifically, the spouse has the first right to sue, if there is no spouse, the children of the deceased have the right to maintain the suit and if no children, then the parents of the deceased may sue. This week the Georgia Court of Appeals found in favor of the child permitting her suit to go forward and disallowing the boy's parents any right to recovery under the wrongful death statute.

While Pyles' parents desire to recover for the death of their son is understandable, there is no wiggle room in the statute. The Georgia Appellate Court held that the wrongful death statute would be interpreted under the usual rules of inheritance where a child born within 10 months of a decedent's death has the same rights of inheritance as a child who was alive at the time of decedent's death.

Another highway wrongful death occurred near Augusta, Georgia on Friday night. A Toyota Camry was struck by two other vehicles, including a 24 foot truck, when the Camry attempted to make a left turn, killing one passenger in the car accident. The Richmond County Police are investigating whether alcohol was a factor in the accident.

Under Georgia's Dram Shop Act, businesses must not serve alcohol to someone who is noticeably intoxicated or that they know will soon be driving a motor vehicle. Often cited by Georgia personal injury attorneys, the Dram Shop Act is a cause of action for drunk driving deaths. While it takes a thorough investigation and can be very time-consuming it is often an effective means of recovery for those injured by drunk drivers.

But why not have the drinking establishments offer incentives to "designated drivers?" The CDC has taken a first look at Designated Driver Promotion Programs, and while not conclusive, there are findings that improved incentives for designated drivers beyond free soft drinks, such as free food or more exotic nonalcoholic drinks encouraged the use of designated drivers thereby reducing the number of drunk driving accidents. If the drinking establishment you are going to does not offer incentives, then ask the manager if he would be willing to provide free soft drinks and food to your designated driver. It doesn't hurt to ask and it is good business for the restaurants and bars because it makes for safe drives home for their customers.

For certain periods throughout the past year the Georgia Highway Patrol has engaged in "enforcement waves" for the purpose of decreasing the number of trucking accidents in Georgia. Approximately 15% of Georgia fatalities involve a semi truck and car accident. The officers target I-75, I-20, I-85 or I-95 looking for drivers of cars and trucks that are tailgating, switching quickly between lanes, speeding, driving in the emergency lane or failing to signal lane changes.

The Georgia Department of Public Safety implements the program called Georgia-Targeting Aggressive Cars and Trucks or G-TACT. Funding for the program is provided by The Federal Motor Carrier Safety Administration. G-TACT uses driver education and enforcement to decrease the number of car-truck accidents by teaching and reminding drivers of risky behaviors like those listed above. Notably, in trucking accidents involving cars, 90% of the people killed are passengers in the car.

This summer the Georgia Highway Patrol concentrated on the I-20 corridor from Atlanta through Douglas and Carroll Counties. During a one week period, 295 citations were issued for driver violations such as tailgating and speeding. This particular area was selected because over 611 trucking accidents occurred there between 2005 and 2007 resulting in 22 fatalities. If you have driven in this area, you are aware of the heavy commercial traffic travelling between Birmingham and Atlanta on I-20

Because accidents between cars and 18 wheeler trucks are so deadly, it is critical that automobile drivers give big trucks the space they need to maneuver. If you tailgate a truck, it is likely that he cannot see you and is unaware of your presence. Whenever you are on an interstate, be mindful to leave more space for the trucks - it will make the highways safer for all of us.

While I was glad to see the Georgia Department of Public Safety's estimate of 18 fatalities over the Labor Day holiday was high, nine people lost their lives in Georgia accidents over the weekend. The fatalities occurred in Jasper, Gainesville, Marietta, Milledgeville, Thomson, Conyers and Waycross. The majority of these fatal accidents were predictably concentrated in the extended metro Atlanta interstate corridors.

The number of car and truck crashes exceeded the estimate of 1,725 and climbed to 2,231 accidents over the three day weekend. The actual number of injuries was lower than expected with 614 individuals needing medical treatment after a traffic accident.

The excessive increase in accidents this past Labor Day causes one to wonder if the impact of cell phones and PDAs on driver distraction had anything to do with these traffic accidents. You might want to test your own driver distraction on the previous post Cell Phones and Car Accidents: Gauge Your Own Distraction. Whether it is a holiday weekend or not, there is no substitute for driving defensively, buckling up, and putting your cell phone out of reach while you are on the road.

The Georgia Department of Public Safety released estimates for Georgia car accidents during the coming Labor Day weekend. With heavy traffic expected in the metro Atlanta area, the statistics are sobering. Last year, during the three day holiday weekend there were 1,660 car or truck crashes and this year the number is expected to increase to 1,725. Nineteen people died and 798 were injured last year in the Labor Day weekend motor vehicle accidents. For 2009, the Georgia Highway Patrol is predicting that 18 people will die in accidents this holidy weekend and 975 will be injured.

Colonel Hitchens of the Georgia Department of Public Safety stated, "Plan your holiday festivities carefully and be sure to include a designated driver if alcohol consumption will be in your plans." He also reminded travelers in the Atlanta area that not only will traffic be heavy due to the holiday, but also football games and the NASCAR races at the Atlanta Motor Speedway will contribute to delays and congestion.

Labor Day weekend will also conclude the National Highway Traffic Safety Administration's "Drunk Driving. Over the Limit. Under Arrest." campaign which was implemented across the United States as law enforcement sought to concentrate on drunk driving as a way to decrease the number of alcohol-related accidents this summer.

So this weekend, be patient with the other drivers on the road, drive safely and enjoy your holiday weekend.

Resources:
Georgia Department of Public Safety

National Highway Traffic Safety Administration

If you have ever been on I-285 in Cobb County, you have probably noticed the long line of trucks attempting to merge onto I-20 near Atlanta. Maybe you have worried about passing these trucks safely and avoiding a collision. The Federal Motor Carrier Safety Administration compiled a "Report to Congress on Large Truck Crash Causation Study." The study examined 967 trucking accidents and found that poor driving decisions accounted for 87% of the reasons for the truck crash. The most common causes for the accidents were legal drug use, speeding, unfamiliar roadways, careless observation of the surrounding traffic and roadways, and fatigue. Defective brakes were the most common mechanical problem associated with the semi truck accidents.

The findings were similar in accidents involving a truck and a car. Interestingly, driver fatigue was cited as a reason for an automobile driver's accident twice as often as for a commercial truck driver. As you know, truck drivers must keep driving logs and abide by strict rules regulating the number of hours they may be on the highway.

In Georgia, as in other states, semi truck drivers must have a commercial drivers license which requires knowledge in the areas of transporting cargo or hazardous materials and learning to safely drive and control an 18 wheeler. The commercial driver licensing standards reduce the risk of Georgia trucking accidents. No matter what type of vehicle you are driving, safe highway driving requires focus and an alert driver - something we all know and sometimes ignore. The next time you hit the road put down the cell phone, buckle up and keep both hands on the wheel for a safer driving experience.