Atlanta Personal Injury Lawyers Blog

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.

This week the Georgia Supreme Court defined the term "accident" in an auto insurance policy so as to possibly limit the recovery where there are multiple injuries. While insurance companies are obviously pleased with the verdict, what happens to you if you are involved in an accident where several people in different vehicles are killed or injured by the actions of the same at-fault driver? If your policy already defines the term, then the case may not affect you, but if it doesn't define the term, then this case may limit your coverage in a car accident where more than one person is injured.

The insurance policy at issue provided coverage of "$100,000 each accident," but did not define the term. The policy also indicated this was the most the insurance company would pay for any one auto accident regardless of the number of claims. In the 2008 multi-million dollar wrongful death case before the court, a teenage driver in Harris County veered onto the shoulder of the road and struck two bicycle club members. The car struck the first bicycle rider and, then within 1-2 seconds, struck the second bicyclist. The first bicyclist died and the second was seriously injured. The families each sued for the $100,000 limits of the policy and the driver supported their claim as being two accidents under the policy.

The auto insurance company filed a declaratory action in federal court in Columbus, Georgia, asking the court to rule the incident was one accident under the terms of the policy limiting the total amount available for the two claims to $100,000. The federal court certified the question to the Georgia Supreme Court which, instead of applying contract rules of construction to the policy, ruled on the definition of "accident."

This is significant, because Georgia law is clear that an insurance policy is a contract and any ambiguity in its terms is determined in favor of the insured. The Supreme Court went outside this well-established legal precedent and adopted the "cause" theory where the number of causes determine the number of accidents.

Importantly, the Supreme Court left the application of the law to the lower court whereby the lower court must apply the definition to the facts of the case and determine if based on the timing of the events or whether the driver regained control between the two events there were in fact two separate accidents. In the meantime, the $3.4 million judgment against the driver hangs in the balance.

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.

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.

More Resources:

Guage Your Own Distraction

Thursday morning, a 23 year old man from the Atlanta metro area caused a fatal accident after running a red light. Police believe he may have been texting which distracted him from watching for the traffic signal. The car accident happened near Athens, Alabama at about 7:00 am. The 59 year old victim was on her way to work and died at the scene. Although both drivers were wearing seatbelts, the Georgia man was driving a 350 Chevrolet truck and the woman was driving an Acura. The State Highway Patrol is still investigating the wrongful death and has not yet determined charges.

This car accident will only add fuel to the debate in many state legislatures as to a ban on texting whiled driving. As recently reported, the Federal Motor Carrier Administration banned texting for all commercial bus and truck drivers on January 26, 2010. Georgia and Alabama both have proposals before their legislatures related to banning text messaging while driving.

There are many issues involved in the debate such as enforcement. How does the state enforce that type of law? They really can't until there is an accident and they subpoena the cell phone records - it isn't much different than enforcement of DUI laws.

Opponents of the law suggest that there may be better alternatives than putting additional laws on the books - we do have laws that cover wrongful deaths in traffic accidents. They are proponents of education in safety and driver "distractability." Just as the number of DUI's has declined over the past 20 years with high profile ads, education in the schools, and safety campaigns by states and the Federal government, we could reduce the number of accidents caused by distractions (i.e., cell phone use, texting, eating, reading the newspaper) with well-planned education and safety campaigns. For example, simple tests like the one posted previously in this blog are eye-opening as to the impact of texting while driving. Maybe it should be tied to getting a drivers license?

In Lilburn, Georgia, a texting teen crashed into a telephone phone. While typing a text to a friend and he ran off the road - the impact broke the pole in two. The young man suffered a traumatic head injury due to the impact of the accident. Gwinnett Police plan to charge him with improper use of a cell phone while driving and failure to maintain his lane.

Cell phone usage and texting while driving are distractions that are widely recognized as a cause of traffic accidents. According to the National Highway Traffic Safety Administration (NHTSA), approximately 16% of all fatal crashes were caused by driver distraction. While this distraction factor includes more than cell phone usage, it is estimated that at any given moment 11% of drivers are using an electronic device while driving.

In fact, the Federal government is so concerned with cell phone use while driving they have joined with the National Safety Council in forming FocusDriven, a nonprofit organization which will focus on raising awareness of the dangers of distracted driving. FocusDriven is modeled after MADD which successfully changed America's drinking and driving habits.

Placing the focus on educating the public about the high rate of car accidents caused by cell phone use is a great idea.

Your Atlanta accident lawyers want to share some good news: The National Highway Traffic and Safety Administration announced that between January and June 2009 motor vehicle acccident deaths on our highways declined by 7% when compared to the same period of 2008, following a downward trend. The second quarter of 2009 is the thirteenth consecutive quarter of declining traffic fatalities since peaking in 2005 with 43,510 deaths.

So what has caused this historic decline in auto accident deaths? The data gathered so far indicates people are traveling less - about 6.1 billion miles less in the first half of 2009 which is about a .4% decline. This is probably attributable to the economy. Other factors may include record high seatbelt use and safer vehicles. Just think about the differences in safety features in cars today and ten years ago. Air bags are generally standard as are anti-lock brakes. Stability control, better signal lights, automatic headlights - all of these increase your chances of maintaining control and being seen by other vehicles.

Continue reading "Traffic Accident Deaths Reach Record Low" »

Yesterday, a mother and her three children, ages 2, 4 and 5, were seriously injured in a Georgia trucking accident when a tractor trailer ran a stop sign in Spalding near High Falls Road and North McDonough. The driver of the truck was charged with running a stop sign and driving on a "no-thru" truck road.

The Georgia DOT reports that among Americans ages three to thirty-four, the leading cause of death is motor vehicle accidents. The NHSTA reports that there were 180 fatalities in Georgia due to accidents involving large trucks, that is just over 4% of the fatalities nationally due to tractor trailer accidents. Fortunately, in this accident no one was killed, but the injuries in an accident with a large truck can be life changing and our thoughts go out to this young family, especially during this time of year.

Be aware that if you are involved in an accident with a commercial truck, particularly like the family in this case, you must move quickly to preserve evidence and protect your rights. The Federal Motor Carrier Act covers large commercial trucking companies and allows them to destroy driver log books and other evidence particular to the truck after a period of six months.

Continue reading "Tractor Trailer Crashes Into Minivan in Georgia" »

The National Highway Traffic and Safety Administration released a new report last week that identifies traffic fatalities by their geographic location. Based on past data, generally 44% percent of traffic fatalities occur in urban areas. But what the researchers have found by plugging in the geographic location of fatalities is that urban areas often have significant commuter traffic coming from rural areas. Fatalities in these areas appear as rural fatality statistics. The information gathered is important for areas such as Atlanta, where many people commute up to an hour or more for their jobs. While much has been done to increase safety within the perimeter, typically, less funding has been appropriated to areas that are seen as suburban/rural.

When the data was compiled, the overall percentage of fatalities tied to urban areas increased to about 73% when including the area within five miles of the urban boundaries - a significant increase. Further, about 35% of the fatalities involving tractor trailer trucks occur in urban areas. Likewise, a high percentage of deaths on interstate highways occurred in urban areas. In fact, 57% of fatalities due to car accidents on interstates in Georgia occurred in urban areas - higher than the national average. That number increased to a whopping 83% when including the area within five miles of the urban boundaries. It is expected that law enforcement and highway safety planners will use this information to help increase safety in suburban/rural areas.

The report certainly makes you think twice before you get in your car to drive to work. Remember - it is better to be a safe driver, than a fast driver.

Recently, a chain reaction tractor trailer truck accident occurred on I-75 in south Georgia when a tractor trailer slammed into another semi truck which had slowed down in the heavy traffic. A pickup truck then crashed into the semi truck and all lanes were blocked for nearly three hours. DOT had just returned the traffic to its normal lanes after a previous lane shift for re-striping the road in that area. One of the trucks caught fire, leaving the driver with serious injuries. All other passengers appeared to have minor injuries.

The Georgia DOT reports that three out of four fatalities in highway construction work zones are not the construction workers, but are motorists. As a result of motor vehicle accidents in these work zones, more than 40,000 people are injured each year.

As the construction continues on I-75, motorists must use extra caution when driving through these constructions zones to avoid auto accidents. Besides the inevitable delays, there are quick stops, lane shifts and short merge lanes onto the highway. Speeding fines in these zones can range from $100 to $2000 or up to twelve months in jail. So drive cautiously, especially with the holidays just around the corner.

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.

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.