Atlanta Personal Injury Lawyers Blog

One woman was killed in a single car accident on I-75 in Macon. Five others were injured and one was missing from the accident. Apparently, no one had on seatbelts and the police are trying to identify the driver. Car accidents involving alcohol have dangerous consequences for more than just the people involved in the crash. For example, the Georgia Dram Shop Act holds bar owners (or anyone else serving alcohol) liable if they continue to serve someone who is obviously impaired.

Fortunately, over the past twenty years there has been a decline in the number of impaired drivers on the road. In 2007, there was a decline of 71% in the percentage of alcohol-impaired drivers on the road on weekends which is good news for us. Car and truck accidents involving impaired drivers require special attention from the investigation to the criminal prosecution to any civil action filed on behalf of the victims.

A car accident involving alcohol requires special attention particularly because of the liability of those who served the alcohol. This is especially important if a person is injured by a motorist with minimal insurance. If other parties are liable, particularly bars and restautants, there will be additional insurance available to assist the victims of the drunk driver. If you or a loved one are ever involved in an accident with a drunk driver, make sure you speak with an informed and experienced attorney to know what your rights are.

In Marietta, a jury came back with a verdict in favor of a thirteen year old girl who had been crushed by a motorcycle. She and her family were attending a promotional event at a motorcycle store when an owner of the business rode through the parking lot to entertain the crowd. The bike went out of control crushing her against her mother's car. In the motorcycle accident, she suffered a broken pelvis and other broken bones. Fortunately, she has made a good recovery although she still has some back pain. Apparently, the jury felt the bike rider was reckless in putting on his impromptu exhibition.

Reckless behavior in a negligence case raises the stakes to gross negligence allowing a jury to find punitive damages against the defendant. Motorcycle accidents are often catastrophic even when there is not gross negligence. The Motorcycle Safety Foundation promotes safety for bikers by emphasizing not only safety procedures for avoiding motorcycle accidents but publicizing how cars and trucks can help keep motorcyclists safe.

For example, reminding drivers that a motorcycle can easily be hidden in a car's blind spots. Because of the motorcycle's small size it may seem further away than it is. It is important for all of us to be more aware of the vehicle traffic around us, especially in the Atlanta area.

With all the attention on cell phone use while driving, I decided to look at studies related to other types of driver distraction. The Virginia Tech Traffic Institute has completed several studies of the effect of inattentiveness on car accidents or near accidents. Interestingly, driving while drowsy increases the risk of a crash by four to six times. One of the reasons for limited driving hours for truck drivers is the impact of fatigue and drowsiness on the ability of the driver to react appropriately while driving. Because Atlanta is a hub for the south, we have more through-drivers on our local highways than many other areas. As a result, we have a higher car accident rate than rural areas.

Drowsiness is a factor in 22-24% of accidents and near accidents. Because of this, it is important for drivers to take breaks and rest on long trips. The best option is to alternate drivers. Having just completed an eight hour trip to Florida as the only driver, I can attest to the road weariness that comes from highway travel.

Other factors of inattentiveness that carry a high risk of causing a car accident are reaching for something, typing in a location on a GPS, and rubber-necking at other accidents. On this upcoming holiday weekend, be careful out there.

With all the discussion in the metro Atlanta news about texting while driving as a cause of car accidents, maybe it's time to step back and review exactly what distracted driving is. There are three types of distractions which make up distracted driving as defined by the U.S. Department of Transportation: 1) taking your eyes off the road; 2) taking your hands off the wheel; and 3) taking your mind off driving. In other words, any activity that requires a driver to remove his attention from driving will increase his risk of a car accident. According to the Virginia Tech Traffic Institute study for the National Highway Safety Administration 80% of all car wrecks are directly related to distracted driving.

While all the news has been on texting, other activities that interrupt a driver include dialing a cell phone, talking on a cell phone or with a passenger, reading or replying to email, eating and drinking, trying to read maps or navigation systems, changing the radio station or music selection on an i-pod, drowsiness and reaching to the floor to find something that has been dropped.

Just this week on the way to work, I passed a gentleman who was reading the newspaper on Georgia 400 heading into Atlanta! Maybe he has no concerns about causing an accident, but I don't want to be the car next to him when he veers over into another lane.

What can be done to educate drivers about the impact of a few seconds of distraction? The DOT has launched a website specifically to educate, publicize and gather information related to distracted driving. Valid suggestions to curb distractions while driving include setting the cell phone on mute so you won't be tempted to answer or see who is calling, driving defensively and being aware of drivers who appear to be talking or texting, and remembering it isn't just your life when you remove your focus from driving, it may be someone else's life you interrupt.

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Guage Your Own Distraction

In Georgia, the law states that an injured party has two years from the date of injury to file a lawsuit for damages from the injury. If you have been seriously injured, or worse, lost a loved one to the negligence of another, you should take the time to talk with an attorney to protect your rights. Explain your situation completely and bring any papers or documents that relate to the situation to the initial visit.

How do you find the right personal injury attorney? Ask the attorney specific questions related to their personal injury practice and experience. Attorneys who are experienced in this area will have handles jury trials, mediations and arbitrations of cases. Determine whether the attorney you talk with will be the one who will handle your case or will it be passed off to another associate. You should expect the attorney to keep you updated and informed on the progress of your case.

The Georgia Bar publishes a brochure on how to choose an attorney. For example, it is important to discuss the fees and expenses. A personal injury attorney often takes cases on a contingency fee agreement basis. This means that you will be responsible for the costs of the lawsuit, but any attorney fees will be paid out of the recovery. If there is no recovery, you owe no attorney fees.

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