Atlanta Personal Injury Lawyers Blog

What is the value of police chases? How do you balance public safety with the apprehension of suspects? It's time to take a closer look at the offenses for which officers are racing through the streets and highways of Atlanta, sometimes at over 100 mph, to catch a nonviolent suspect. Although there are Georgia laws and guidelines in place to be followed by officers who are in pursuit, they are not applied consistently. There is a big difference between chasing a violent suspect and pursuing someone who ran a red light.

Yesterday, Scott Commander was interviewed by Atlanta WSB TV concerning two women killed as the result of a Clayton County police chase crash and his representation of their family. He stated that similar to the recent New Year's Eve police pursuit crash, the suspect in the Clayton County case was chased by police for a nonviolent traffic offense (impeding the flow of traffic). The Clayton County high speed pursuit ended when the suspect's car crashed into the victims.

Kathy Porter, the wife of Atlanta Braves athletic trainer Jeff Porter, was killed in a violent police chase car wreck on New Years Eve. On the way to the Chick-fil-A Bowl game at about 4:40 pm with their son and another friend, Mr. Porter had the right of way at the intersection of Capitol Avenue and Memorial Drive in downtown Atlanta when his Ford Expedition was struck by a speeding Georgia State Patrol car. The trooper was en route to assist in an I-20 police pursuit of a motorcyclist who had failed to yield when he struck the Porter's SUV.

Police pursuits have become a controversial topic as more and more innocent bystanders are suffering injuries. Former Atlanta Police Chief and current Clayton County Commission Chairman, Eldrin Bell likened police pursuits to "firing a gun at a crowded shopping center." Bell has also suggested that police pursuits should be banned in Georgia due to the low probability of catching serious criminals, the use of more sophisticated technology, like traffic cameras, and high costs associated with lawsuits and damage to the city.

In 2010, the National Highway Traffic Safety Administration (NHTSA) reported a total of 743 fatalities due to car crashes involving police pursuit. Of that number, Georgia reported 25 fatalities due to the police chase of a suspect. The NHTSA acknowledges that its numbers are not complete due to the lack of a mandatory reporting system. There is no way to know exactly how many other deaths and injuries in Georgia were a result of police chases. In fact, the crashes that occur as a result of a police chase are often categorized as occurring after the chase terminated making the crash not "pursuit-related."

According to an FBI report, most police chases ending in a death or injury involve a traffic violation stop, not the pursuit of a violent offender. In Georgia, police agencies have guidelines in place for officers to follow in weighing the need to apprehend the suspect versus the danger involved to themselves and others. Generally, most guidelines do not allow for the high speed chase of someone who has committed a minor traffic infraction such as running a red light or speeding 30 miles over the limit. Unfortunately, innocent third parties are still often the victims of these high speed chase accidents.

When police pursuit ends in a car accident, particularly where there is a wrongful death or serious personal injury, a lawsuit is often filed against the county or city involved. Unfortunately, this can prove to be a difficult task due to the sovereign immunity granted to the state, its counties and municipalities by the Georgia Constitution. However, there is a very specific exception to sovereign immunity in Georgia that applies to the negligent use of government owned motor vehicles; hence police chases may involve a limited waiver of immunity. Further, due to statutory notice provisions, often referred to as "ante litem," families must act quickly to preserve their rights by providing notice of any potential claim to the state, county or municipality which has jurisdiction over the claim.

We have so many options available through technology to assist in the apprehension of nonviolent traffic offenders that it is time to put them to use and avoid the senseless loss of innocent victims. We extend our deepest sympathy to the Porter family.

Two high profile Georgia trucking accident lawsuits were resolved recently. The first settled out of court for $8 million when three men were killed after being hit by a tractor trailer in Oglethorpe County on Oct. 15, 2009. The lawsuit was filed by the widows of two of the men and the mother of the third. According to the complaint, plaintiffs were driving in a pickup truck eastbound on Georgia Highway 10, near Athens, when defendant's owned and operated commercial tractor trailer collided with their vehicle from behind. The impact forced the pickup into oncoming traffic and plaintiffs' pickup was then struck head on by another vehicle. The $8 million dollar settlement will be paid to compensate the families for the wrongful death of their loved ones, as well as compensating the deceased for the terror, pain and suffering experienced prior to their deaths.

The other case involved a jury awarding a plaintiff $1.39 million for injuries from two tractor-trailers colliding, even though the plaintiff was cited for negligently following the lead tractor trailer too closely. The trial consisted of opposing witnesses offering different explanations for why the crash happened, as the defendant claimed that he slowed his tractor-trailer to the minimum speed limit because his engine was overheating. Both trucks were destroyed and their black boxes couldn't be recovered, so their exact speeds couldn't be determined, making the fact finding very difficult for the jury. The jury ultimately believed the plaintiff's version of the events leading up to the collision, presumably because he had significantly more truck driving experience than the defendant driver and the severity of the crash showed that the defendant must have been moving very slowly because only a huge speed differential could have done such damage.

Some may ask, how did the plaintiff win a jury verdict if he was determined to be contributorily negligent in the resulting collision? Georgia is a comparative negligence apportionment state, which means a plaintiff may recover damages as long as they are found to be less at fault than the defendant. The Laurens County jury said the plaintiff's negligence should make him responsible for 37 percent of his damages, leaving the defendant responsible for 63 percent of a $2.2 million verdict. The Nov. 18 verdict included $210,401.28 for medical expenses and $2 million for the pain and suffering of the plaintiff.

Most states, including, Arkansas, Colorado, Idaho, Kansas, Maine, Nebraska, North Dakota, Oklahoma, Tennessee, Utah, and West Virginia follow rules similar to Georgia. Currently, only five states, and the District of Colombia, bar recovery if the plaintiff is determined to be at all contributorily negligent in the resulting collision. Thirteen (13) states follow a pure comparative negligence system, meaning a plaintiff can recover damages even if they are found to be 99% at fault. These states include Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota, and Washington.

Trucking accidents are different from car accidents and require specialized expertise to navigate through the specific motor carrier laws and rules, both Federal and State, that govern trucking companies and their drivers.

Continue reading "Georgia Trucking Accident Troubles" »

Our office is situated at the intersection of I-75 and I-285 in Atlanta, which provides a snapshot of some of the worst traffic patterns in America. Distracted drivers make traffic patterns worse and the roads more dangerous. According to the National Highway Traffic and Safety Administration (NHTSA) 20% of injury crashes in 2009 involved reports of distracted driving. Cell phones are the distraction of choice, as drivers often overlook the duties and obligations they owe to fellow drivers. Georgia allows "proper use" of cell phones while driving and the Georgia Legislature recently passed The Caleb Sorohan Act for Saving Lives by Preventing Texting While Driving, making it illegal to use "a wireless telecommunications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data."

The Georgia Court of Appeals got involved in this issue last month when it did not award punitive damages (intended to punish the wrongdoer) to a couple suing over an accident caused by a driver on his cell phone. The driver at fault owns and operates a glass installation company, a job that requires him to be in his truck for eight to ten hours a day, prompting him to install a desk within his "mobile office." The distracted driver was looking up a number on his cell phone when his "mobile office" struck another vehicle causing $50,000 in damages, not including future surgeries planned for one of the victims.

As explained by the Court of Appeals, Georgia law allows punitive damages in an auto wreck case "when the accident results from a pattern or policy of dangerous driving, such as excessive speeding or driving while intoxicated, but not when a driver simply violates a rule of the road." Driving while intoxicated is a awful crime but studies have shown that using a cell phone while driving delays a driver's reactions as much as having a blood alcohol concentration at the legal limit of .08 percent.

The maximum penalty for texting while driving is $150, not much of a deterrent considering the unlikelihood of getting caught. The Supreme Court of Georgia will have a final say on the issue of awarding punitive damages if the case mentioned above comes up on appeal.

The issue of deterring drivers from using their cell phones is getting more and more important as smart phones are only getting smarter. Drivers can now control their music, update their Facebook status, shop online, check scores to any game and play scrabble with friends around the world thanks to iPhone, Android and Blackberry software. The Georgia Supreme Court has an opportunity to send a clear message to drivers statewide by awarding punitive damages if they decide to review the case. Cell phones are a great way to stay connected to whatever an individual finds important, but most communications can wait until a driver reaches their destination. Negligent use of a cell phone should never be as important as protecting fellow drivers and pedestrians.

Continue reading "Georgia Court Awards No Punitive Damages for Accident Involving Cell Phone Use." »

Recently in Georgia, a passenger in a car being chased by a police vehicle, was able to recover one million dollars in a settlement with the insurance company of the driver. At the heart of the dispute was the residency of the driver - a college student who lived part-time with his mother and step-father.

The State of Georgia Office of Insurance is a great resource for beginning research into your rights under automobile policies in Georgia. This governmental office provides consumers in Georgia with help in dealing with issues with your insurer. Additionally, the Georgia Department of Transportation provides motor vehicle accident analysis and information including important safety information.

In Georgia, passengers in automobile accidents can often recover under their own automobile policies or those of a family member with whom they live. That is why this passenger's residency was so important to his ability to recover under a $1 million dollar policy held by his step-father.

If the worst happens, and you or a family member are involved in a car accident, please seek help in determining what insurance coverage may be available to you. It can make all the difference in whether you obtain all that you are entitled to or not.

Continue reading "Passenger in Auto Accident Collects $1 Million from Insurer" »

When a high speed police chase ends in a car accident, particularly where there is a wrongful death or serious personal injury, a lawsuit is often filed against the county or city involved. Unfortunately, this can prove to be a difficult task due to the sovereign immunity granted to the state, its counties and municipalities by the Georgia Constitution. Sovereign immunity precludes the state, counties or municipalities from liability arising from their various duties in carrying out specific services for the taxpayers such as police work, fire protection, and even garbage pickup. In other words, these government entities cannot be found liable in a court of law and required to pay damages unless sovereign immunity has first been waived.

The good news is there is a very specific exception to sovereign immunity in Georgia that applies to the negligent use of government owned motor vehicles; hence police chases may involve a limited waiver of immunity. Georgia law provides that a government entity's sovereign immunity may be waived up to the limits of liability insurance secured by the entity for damages arising out of the ownership or use of a motor vehicle. Not all, but many counties and cities in Georgia insure their police vehicles for liability which allows for this limited waiver of immunity in police pursuit car accident cases.

Most recently, the Georgia Court of Appeals held in McCobb v. Clayton County, a wrongful death case involving a high speed police chase, that Clayton County had waived its sovereign immunity up to the monetary limits of the liability insurance it had purchased for coverage of negligent use of its motor vehicles. In this case, the plaintiff had argued under OCGA 40-6-6 that the police officer engaged in the high speed pursuit of a vehicle had acted with reckless disregard for proper law enforcement procedures and the public safety causing a fatal accident. Interestingly, the police vehicle never touched the other vehicle - instead, the driver lost control while being chased and crashed into a tree killing the passenger. The County argued that once plaintiff showed a waiver of sovereign immunity by the county's purchase of a liability policy covering its police vehicles for "negligent use", the plaintiff was then precluded from arguing the police officer acted with disregard for proper police procedures and the public safety in chasing the vehicle thus preventing the plaintiff from showing that the police officer's conduct was the proximate cause of the injury, a necessary element to the plaintiff's case.

The Appellate Court found the County's argument "nonsensical" ruling that the fact the waiver of sovereign immunity was couched in terms of "negligent use" of a motor vehicle did not preclude the plaintiff from making a claim under OCGA 40-6-6 that the police officer acted without due regard for the public safety causing the wrongful death of plaintiff's decedent and allowing the plaintiff to sue Clayton County for damages up to the amount of liability insurance it carried on its police vehicles.

Continue reading "Impact of Georgia Sovereign Immunity on Police Chase Accidents" »

In 2006, a U.S. Postal truck pulled into oncoming traffic in heavy rain causing a horrific car accident in middle Georgia. As the driver swerved to avoid the collision, his car skidded off the roadway, into a wooden fence that shattered and broke through the windshield puncturing the driver's girlfriend in the abdomen. She was over eight months pregnant and her son was delivered that day with a profound brain injury.

In 2009, The National Highway Safety and Traffic Administration (NHSTA) issued a study related to Driving with Visual Loss in situations such as rain, darkness, fog, and heavy snow where a driver's field of vision is reduced. While it indicated many drivers automatically reduce their speed or self-monitor their driving in hazardous conditions, the study also found these drivers have significant difficulty maintaining their lane on curves and are slower to respond to another vehicle suddenly appearing in their path. The study simulated driving in rain and other situations in which there is peripheral vision loss often resulting in a car accident. Interestingly, the participants did not show expected compensatory head movements, turning side to side, even when there was significant difficulty maintaining control of the vehicle.

Because the lawsuit in this case was filed against the U.S. Government, i.e. the U.S. Postal Service, the case was heard in Federal Court. U.S. District Judge Clay Land used an advisory jury panel, a highly unusual move, to help him decide who was at fault in the accident due to conflicting stories. The advisory jury found the postal worker 100% liable after considering multiple changes in his story and the fact that he left the scene after dialing 911. The judge heard the damages portion of the trial awarding $11.5 million to the young woman and her son. The traumatic brain injury to both her and her son left them with permanent disabilities, especially the infant who is unable to attend to his basic necessities without assistance.

Continue reading "Georgia Postal Truck Accident Causes Traumatic Brain Injury to Infant" »

Last week a Cobb County Georgia jury found in favor of Kia Motors Corporation rejecting the argument that the 1999 Kia Sportage air bag caused a 69-year-old woman's death. The case revolved around a low speed car accident where a driver turned left in front of the Kia Sportage causing the airbag to deploy. Although there was only minimal damage to the cars and both drivers appeared to have only minor injuries, the driver of the Kia died soon after the accident from a lacerated aorta where the air bag hit her chest. The case centered on whether the woman was properly positioned in the car. The State of Georgia offers the CarFit program to teach senior adults how to properly position themselves safely in cars.

The woman's family sued for her wrongful death alleging the air bag was too powerful for a small SUV. Arguing that Kia knew this type of accident was possible and chose not to spend any money to "depower" the airbag to make it safer, the plaintiff's attorney told the jury she would not have died in the car accident if there had been no air bag in the car.

Wrongful death cases, particularly products liability cases such as this one, require expert testimony from both sides to explain to the jury how the death was caused. Kia relied on an expert engineer in occupant restraint systems - seat belts and air bags - who testified the woman was not seated properly for the air bag to work correctly. He gave evidence that she was leaning forward and right as if reaching for something. According to the expert, her position in the seat skewed the impact of the air bag and it struck her in an area that would have been protected if she had been seated upright and against the back of her seat. Click here for how to properly position children and adults for air bag safety.

Air bag safety is often overlooked by drivers and passengers in cars. The National Highway Traffic and Safety Administration continue to look for ways to educate the public regarding seatbelt and air bag safety. Drivers and passengers must have their seat belt properly buckled and avoid positioning their seat too close to the air bag. Short adults, such as the woman in this case, must position themselves 10-12 inches from the air bag that is in the steering wheel to be protected properly.

Continue reading "Cobb County Jury Finds Death Not Caused by Air Bag" »

At a glance, four trucks and one car make for a great damages case - but liability (or negligence) is the first issue to address. As is common in the metro Atlanta area, rain was a factor in this semi-truck accident. A jury recently returned a verdict for the four trucks involved in a multi-vehicle accident on I-20 in Augusta, Georgia. The reason? A flustered plaintiff on the witness stand.

What appeared to be a sure win for the plaintiff took a turn for the worse when he became flustered on the stand and began to agree with the defense attorneys regarding the location of his car, the speed he was traveling, and the location of the trucks involved. Witness preparation is an important aspect of case preparation in any trial attorney's arsenal. Generally it includes role-playing where the witness is cross-examined by one of his attorneys and asked tough questions in order to give him an idea of what may come while he is on the witness stand. More complex issues or witnesses who lack confidence may benefit from a session or two with a psychologist.

Further, truck accidents require special knowledge of the many federal regulations the truck drivers and their trucks operate under. For example, every year trucking companies must make sure their drivers are still qualified to drive a commercial vehicle.

Continue reading "One Car, Four Trucks - August, Georgia Accident" »

A Macon County, Georgia jury awarded a motorcyclist $650,000 for injuries he suffered to his back in a motorcycle accident. Apparently the driver of the car did not see the motorcycle. This is one of the most common causes of accidents involving motorcycles. The Motorcycle Safety Foundation has published a list of safety tips for car and truck drivers to help reduce the number of motorcycle accidents. In a prior posting, we covered some of the issues motorcyclists face on public highways.

The motorcyclist was a 49 year old truck driver riding his bike on a country road when a car pulled out to make a left turn in front of him. Unable to avoid the car, the two vehicles colided leaving the cyclist with broken bones and permanent back injury.

You might wonder what it takes to prove negligence and injury in this type of case. Often, expert witnesses are called to testify to the medical injuries or to reconstruct the accident to show who was at fault. In this case, there were two independent eyewitnesses who were able to testify to what they saw happen. The trooper who worked the accident testified that there were over 147 feet of skid marks from the motorcyclist showing he attempted to avoid the accident. With eyewitness testimony and a good work up of the accident by the police, the facts are almost indisputable.

Continue reading "Motorcycle Accident Results in $650,000 Jury Award" »

Is there an easy cure for distracted driving, particularly texting, emailing and talking on a cell phones while driving? Cars have so many safety devices in place already that remind drivers to fasten their seatbelts, make sure all doors are closed, and let you know if the engine is too hot - it can't be too far-fetched to think someone will come up with a way to curb the use of cell phones while driving. Georgia has joined the many other states which ban or limit cell phone use with the recent passage of a law forbidding texting while driving.

Because it is so difficult to enforce the texting ban - after all, unless a police officer pulls up next to you while you are texting it will be pretty difficult to ticket for this offense - I believe consumers will come to rely on other devices to limit the use of cell phones while driving. For example, technology may be developed and built into a car that will limit the use of a phone except in emergencies.

Research has shown that talking on a cell phone is distracting to drivers whether they are using a hands-free device or holding the phone. The U.S. Department of Transportation's Research and Innovative Technology Administration is trying to find ways to reduce mobile device distractions - the problem is creating a technology that provides safety without causing an additional distraction for the driver. In others words, it is all about getting drivers to just drive.

Georgia recently banned texting, a one form of distracted driving which has been responsible for many car accidents. The Senate and House also sent a bill to the Governor banning any use of cell phones while driving by 16-17 year old drivers. Distracted driving is a problem and the U.S. Department of Transportation has an entire website devoted to it.

Admittedly, these laws are important, but Georgia already had a law on the books that made it illegal to use a mobile device improperly while driving. Police officers frequently used this law when investigating accidents and cited drivers who were distracted by their cell phones and caused a car accident. The improper use of a mobile device and the new laws will carry a one point penalty in addition to fines.

The Georgia legislature is in session only 40 days a year and with all the other pressing concerns related to economic recovery in Georgia; it might have spent its time on issues that were not already addressed in the code. As you can imagine, several legislators took the opportunity to gain positive political press on the issue.

The Atlanta Journal and Constitution recently reported on a series of wrong way crashes that resulted in fatalities including two on I-20 and one on State Bridge Road in Johns Creek. While the final reporting numbers are not in, the Georgia State Department of Transportation says about 22 people have been killed since 2004 by a wrong way driver just in the metro Atlanta area. The DOT believes most of the drivers in wrong way car crashes are impaired due to alcohol, drugs or prescription medications.

The DOT has looked at other possible barriers to cars gaining access to the wrong way ramps. They cannot use the traffic spikes that lay flat when going the right way, but puncture tires when going the wrong way because emergency vehicles often have to go the wrong way on ramps.

Each year motor vehicle crashes in Georgia affect thousands of citizens. According to the most recent data provided by the Georgia DOT, car accidents are the leading cause of death for persons ages 1-35. Our state's population growth (which did slow in the past 18 months due to the sluggish economy) and the reliance on personal passenger vehicles versus mass transit have contributed to the high numbers of deaths caused by car crashes. I read in the AJC the other day that our population has begun to grow again, I hope the state will give serious thought to increasing our mass transit availability at least in the metro area as one apporach to reducing traffic injuries and fatalities.

The U.S. Department of Transportation recently released statistics showing a continuation of the downward trend in traffic fatalities. The overall number of 33,963 car accident deaths in 2009 is the lowest since 1954. The fatality rate is calculated by the number of deaths per the number of vehicle miles traveled. The 2009 fatality rate declined 8.9% from the 2008 fatality rate.

All of this is very good news for the travelling public. David Strickland of the National Highway and Safety Administration noted, "Our work is far from over. We must continue our efforts to ensure seatbelts are always used and stay focused on reducing distracted and impaired driving."

I believe distracted driving will be the pivotal issue in car accident wrongful death cases at least through the rest of this decade as the public becomes more aware of the danger of using mobile devices while driving. Texting and talking on cell phones has already become a normal fact-finding mission in personal injury cases involving car and truck accidents. A thorough personal injury lawsuit will include a search of mobile records to determine if the at-fault driver was using his mobile device during or just prior to the accident. Everyone must take responsibility for educating themselves and their family members as to the dangers of distracted driving.

The most recent data provided by the National Highway Traffic and Safety Administration indicates that nationally 56% of fatal car accidents occurred on rural highways. Of 1,368 fatal car accidents, 635 crashes occurred on Georgia rural highways in 2008, the most recent year for which data is available. This means 46% of fatal Georgia car accidents occurred on rural highways.

About 65% of these Georgia rural car crashes occurred at speeds of 55 mph or higher. This is not surprising considering that traffic is generally lighter in rural areas and drivers tend to take advantage of the "open road" and drive at higher rates of speed.

Drivers are often lulled into a false sense of security in rural areas thinking they are in safer areas with fewer accidents. Data supports the fact that drivers travel about 2.5 times more miles than cars in urban areas which translates into longer time on the road and more time to develop driver fatigue.

Add all this to the fact that the rural roads in Georgia, especially near the Atlanta area are carrying more and more traffic which they may not be able to handle. With the spring weather finally beginning to appear, be more aware as you travel to vacation areas which often takes you through rural areas. Keep your seatbelts on and your eyes on the road.