Atlanta Personal Injury Lawyers Blog

A California jury yesterday awarded $16,577.118 in a wrongful death action to the family of a woman who died of acute water intoxication after participating in a radio station contest to see who could drink and hold the most water in 2007. Tragically, Jennifer Strange lost her life for the grand prize of a Nintendo Wii, while the radio DJs joked about the possibility of contestants dying from drinking too much water.

Her family sued the radio station for wrongful death alleging the station was negligent in running the contest. The defense argued that the death was unforeseeable and if the jury found liability they must also find contributory negligence on the part of Ms. Strange.

If you have ever scanned the radio stations available in the metro Atlanta area, you have come across channels where the DJ's seem to be allowed to say and do just about anything to create a reaction. In the California case, they went too far through reckless conduct and abandonment of common sense adding up to negligence and liability. And although there is usually an argument to be made for contributory negligence, the majority of the liability will almost always rest with the purveyor of the contest.

More on the story:
Jury Awards $16.57 Million in Girl's Water Intoxication Death

After five years of challenges to the hours of service rule which allows truckers to drive for up to eleven hours straight per day, the federal rule will be reviewed and reconsidered. The Federal Motor Carrier Safety Administration (FMCSA) signed an agreement with trucking and safety groups promising to revise the rule. Other aspects of the rule will also be reviewed including the 34 hour off-duty period. All revisions will be made with an eye toward reducing the number of trucking accidents.

For sixty years prior to the 2003 enactment of the eleven hour rule , truck drivers could not drive more than ten hours at a time. Since the revision, numerous public interest groups have challenged the rule calling for reconsideration and review.

Citing safety concerns, one of the watchdog groups, issued a statement applauding the government's action in taking responsibility to protect truck drivers and the public from unsafe driving conditions. Longer hours behind the wheel lead to driver fatigue and more truck accidents.

Any change in rules that allows for truck drivers to be more rested and therefore able to better concentrate on driving, makes the highways safer for all of us. As Georgia trucking accident lawyers, we will be watching the revisions to this rule closely, with the expectation that it will be revised to its original limits.

The U.S. Department of Transportation (DOT) held a two day Distracted Driving Summit to publicize the dangers of driving while distracted. "Every single time someone takes their eyes or their focus off the road - even for just a few seconds - they put their lives and the lives of others in danger," said Secretary LaHood in Washington, D.C. "Distracted driving is unsafe, irresponsible and in a split second, its consequences can be devastating." Research by the National Highway Safety Administration shows that in 2006 almost 6,000 people died as a result of motor vehicle accidents involving distracted driving.

The summit brings together industry and safety experts, government officials and the general public with the goal of heightening awareness of the impact of distracted driving. Two of the most common distractions are cell phone use and texting. Additionally, the Federal Motor Carrier Safety Administration(FMCSA) is presently conducting a study on cell phone use by commercial truckers and its impact on trucking accidents and near-accidents.

When you are driving behind someone on the metro Atlanta highways who suddenly seems to be unaware of the traffic - don't you assume they must be on their cell? I do and I give them a wide berth because I know that they are not aware of my presence. With the DOT and the FMCSA working toward teaching the public about the dangers of cell phone use while driving, we can hope the public will take the responsibility on themselves to not engage in these activities while driving rather than the legislature moving toward making the activities illegal while driving.

Innocent bystanders, injured when police give chase, now have a better chance of getting their claims for personal injury and wrongful death to the courthouse. The Georgia Court of Appeals in Rahmann v. DeKalb County, Case No. A09A1533, ruled that a woman caught in the middle of a police chase in Atlanta's West End neighborhood can take her case to a jury. The Georgia Constitution provides for the legislature to waive sovereign immunity. Under the Tort Act of 2004, which became effective in 2005, the legislature provided for the waiver of immunity for injuries caused by covered governmental motor vehicles including police cars. However, at issue before the Georgia Court of Appeals was whether the officer was acting with "reckless abandonment" in his pursuit or following law enforcement procedure.

In this case, a woman was stopped at a red light when the police officer's car struck the fleeing suspect, causing the suspect's car to hit the woman's car. The Court determined that conflicting testimony between the woman and the police officer as to whether the police officer intentionally struck the suspect's vehicle to stop it or whether he was simply positioning his car to block the intersection is a jury question.

Under the Tort Act, for injuries occurring after January 1, 2008, the liability of the government for a covered motor vehicle accident is limited to $500,000 per bodily injury or death with a maximum cap of $700,000 for two or more persons' injuries or death. However, there are very specific timelines and filings that must be made to protect your rights against a government entity. If you are injured in a motor vehicle accident with a government entity, make sure you act quickly to protect your rights and discuss your case with an experienced trial attorney.

New braking standards have been issued for large commercial trucks which will improve stopping distance by up to 30 percent. The National Highway Traffic Safety Administration created new standards for braking equipment which is expected to save 227 lives each year and prevent 300 serous injuries. In 2008, 4,229 people were killed in trucking accidents. The new brake standards will help truck drivers avoid accidents especially under more dangerous conditions such as wet roads.

Although, it will take some time to bring the nation's commercial trucking fleet up to the new standards as older trucks are retired, the long term effect is good for all of us. Commercial vehicle trucks which include big-rigs, tractor trailers, and 18 wheeler trucks, are regulated by the federal government through the Federal Motor Carrier Safety Administration. The agency has seen a decline in the last few years in the number of trucking accidents. Tougher safety regulations and equipment standards along with public safety programs like Ticketing Aggressive Car and Truck Drivers seem to be working. As trucking accident lawyers we are always happy to see a decline in fatalities and an increase in safety standards.

Yesterday, a commuter van carrying nine Southern Company employees was clipped by another car causing it to flip on its side, killing three of the passengers and seriously injuring the other six. On Stone Mountain Freeway during Atlanta rush hour, the car accident was caused by a driver in a hurry who was cutting in and out of traffic. He has been charged with three counts of misdemeanor vehicular homicide in the horrible car accident.

While the driver is facing charges, there are many other elements involved in this accident that must be addressed when determining liability. The commuter van was "sponsored" by Southern Company as a way for employees to carpool to work. The van was owned by a private company and was driven by a Southern Company employee. Additionally, the other driver presumably had auto insurance as required by Georgia law.

When a death occurs in a car wreck not only do the police complete an investigation, the companies involved will also often hire an investigator to insure that evidence is preserved. What can someone who is a victim of a car accident do to make sure that his rights are protected? The best choice is to talk with an experienced accident attorney who has the resources to thoroughly investigate the accident. Acting quickly gives you the best opportunity to discover the facts and protect the evidence.

Last week, a Douglas County jury awarded almost one million dollars to a man who was injured in a car accident in April 2008. The former high school cross-country runner suffered a fractured leg and arm leaving him with a permanent limp and other injuries in a horrific car wreck. A car approaching from the opposite direction on a two lane road crossed the center line and hit him head-on. Although the other driver was not charged with DUI there were allegations that he had been drinking.

The only issue before the jury was the amount of damages because the driver conceded liability. An experienced trial attorney can really make a difference for his client in the presentation of damages. Often the damages are the final phase of a trial and are not always completely addressed. Because Georgia law provides for general and special damages, sometimes referred to as noneconomic and economic damages, it is especially important to be prepared with strong numbers to present to the jury.

General damages are those that arise from the car accident such as pain and suffering or, in this case, the permanent limp. The special damages have to be proven; they usually include medical expenses and lost wage and are proved with medical bills and W-2 tax forms. In this case, the attorney was able to not only prove economic damages of medical expenses and lost wages, but general or compensatory damages for the permanent injuries.

Between 2000 and 2006, Georgia motorcycle accidents rose by over 97 percent. More alarming is the increase of 147 percent in fatalities in those same accidents during that period. Not surprisingly, Fulton County, part of the metro Atlanta area, had the highest number of motorcycle accidents ending in fatalities in a study covering the period 2003 to 2007. Gwinnett, DeKalb, and Cobb counties followed with slightly lower numbers.

In part, because this is a national trend, the Federal Highway Administration is launching the first major study into the cause of motorcycle crashes in nearly thirty years. A 150 percent jump in deaths in motorcycle wrecks in the ten years between 1997 and 2008, as documented by the U.S. Department of Transportation, was an impetus for the study. The study will focus on common factors in motorcycle crashes such as roadways, weather, and the experience level of the rider. "Having a better understanding of what causes these crashes will help us improve roadway safety for everyone," said Administrator Victor Mendez.

According to Georgia Office of Highway Safety Director Bob Dallas, "We have growing support among rider groups, law enforcement agencies, and traffic safety organizations to create a safer riding environment because during recent years, Georgia has experienced a steady increase in fatal motorcycle crashes." In 2006, 3082 motorcyclists were injured and 148 died on Georgia highways.

As part of an effort to create more awareness of motorcycle safety, Georgia implemented the "Share the Road" program which continues to highlight the need for motorists to be aware of and more cautious around motorcyclists. Interestingly, more than sixty-six percent of crashes involving a car and a motorcycle were caused by the driver of the car not seeing the oncoming motorcycle.

From the perspective of a personal injury attorney whose husband loves his Harley and enjoys riding it, my heart skips a beat every time I read statistics like those above. The injuries suffered by motorcyclists in accidents are life-changing including wrongful death, spinal cord injury and brain injury; please share the road.

Learn More:

Georgia Highway Safety

Georgia Motorcycle Safety Program

Lately, we have heard quite a bit about concussions and football athletes. In particular, Tim Tebow of the Florida Gators suffered a concussion in a recent game causing concern and raising the questions of how you know when you have a concussion and how you treat it? Although, Tebow's injury was a "legal" hit, many car accidents and truck accidents in Georgia cause mild to severe concussions also called traumatic brain injuries, some resulting in permanent brain damage. In fact 20% of motor vehicle accidents result in traumatic brain injury including concussions.

But what is a concussion? A concussion occurs when the brain is violently shaken inside the skull, for example, when your head hits the windshield or side window in a tractor trailer accident. A mild concussion does not result in a loss of consciousness but you may feel dazed. In a severe concussion, there is a period of unconsciousness and you have no memory of the event.

Often called mild traumatic brain injury, concussion symptoms include nausea, dizziness, irritability, depression, lack of coordination, headaches, confusion and other memory or thinking behaviors. These symptoms can linger for months. Because the damage is unseen and the symptoms elusive, there is no set time frame for the healing process. Rest is often recommended as a first course for recovering from a concussion.

As a truck accident attorney, proving mild brain injury from a concussion requires specific and detailed knowledge of how the brain works because symptoms are often subtle. Often, people look fine although they feel or act differently. A neuropsychologist can focus on the cognitive injuries adding credibility to the person's symptoms. Fortunately, most people recover completely from concussions, but if you have suffered an injury as a result of a motor vehicle accident, please follow up with your physician and be aware of the varying symptoms of concussions.

Learn More:
Facts About Concussions and Where to Get Help

Signs of Incompetence After Brain Injury by Lori Jolly