Atlanta Personal Injury Lawyers Blog

Chris Dronett has filed suit against the NFL on behalf of her deceased husband, former Atlanta Falcon Shane Dronett. After playing for 10 seasons, Shane retired from the NFL in 2003. In 2006, he began to suffer from paranoia, confusion, fear and rage. He subsequently had surgery to remove a brain tumor in 2007. Shane's condition continued to worsen resulting in his tragic suicide in the couple's Duluth, Georgia home in 2009.

The Boston University School of Medicine's Center for the Study of Traumatic Encephalopathy confirmed that Shane was suffering from a degenerative brain disease Chronic Traumatic Encephalopathy (CTE) linked to repetitive head trauma.

Researchers believe the beating Shane took as an NFL lineman led to his brain's deterioration. It is estimated that a NFL lineman takes 1,000 or more hits every season accumulating to tens of thousands of ultimately subconcussive hits, resulting in overt concussion symptoms such as dizziness, short-term memory loss and confusion but could still cause brain damage.

The number of subconcussive hits Shane Dronett took likely started when Shane played youth and high school football continuing to accumulate as he became an All-American at The University of Texas. Increasing awareness and understanding of the dangers of concussions have shaped a more proactive approach to the problem on a professional level, but the overwhelming majority of head injuries are suffered by student athletes in a broad range of sports.

There are 1.6 to 3.8 million concussions per year among teenage athletes and as many as 80% go unrecognized or are not treated properly. The NFL has the funds to keep physicians on staff, but most high school athletic departments do not. Students feel pressure to return to the field in hopes of impressing scouts and receiving scholarships. Therefore it is imperative for coaches and parents to monitor the activities of these student athletes and seek the proper medical attention if a head injury occurs.

If you or a loved one experience a head injury, it is important that you see a doctor for appropriate diagnosis especially if you notice a change in sleep patterns, confusion, fatigue or mood swings. If in fact you have suffered a mild traumatic brain injury such as a concussion, seeking help quickly will increase your chances of a full recovery. Athletes with multiple concussions were 7.7 times more likely to experience a major drop in memory performance.

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" »

Wednesday night, a pedestrian's leg was severed in a west Atlanta bus accident. The 55 year-old woman was in the crosswalk at the intersection of Martin Luther King Jr. Drive and Hamilton E. Holmes Drive near the MARTA station when a Cobb Community Transit (CCT) bus hit her, severing her leg. The woman was transported to Grady Hospital in critical condition.

Even though the bus driver was turning left on a green arrow and the pedestrian was not walking in conjunction with the light, under Georgia law she had possession of the right of way and other vehicles must stop to allow her to complete her crossing. The Atlanta Police Department is handling the extensive investigation of the pedestrian accident, gathering evidence and facts from witnesses.

Continue reading "Pedestrian's Leg Severed in Atlanta Bus Accident" »

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" »

A 28 year old former DeKalb police officer finally settled his case with the insurer for a charter bus that collided with his truck in heavy rain in Hall County. The young officer was off-duty at the time that he lost control of his vehicle on I-85 and slammed into the median wall - his truck was protruding into the HOV lane in which a charter bus was travelling that crashed into him shortly thereafter. Because of the traumatic brain injury (TBI), the young man is no longer able to work suffering from loss of vision and brain damage. The insurer ultimately settled for $5 million after evidence was uncovered that the bus driver was travelling 6 miles over the limit.

In Georgia, charter bus drivers must have a commercial license and operate under different rules and requirements. However, more than speed was at play in this settlement. Insurers must look at the whole case, the county in which the case will be heard, and the "sympathy factor" for the plaintiff. In this case a young police officer with a family was a very sympathetic victim. Looking at just the facts, the bus driver was caught unaware on a dark, rainy night as he came upon the truck in the HOV lane. The fact that he was speeding established at least some negligence on his part.

Additionally, the type of injury suffered by this young man - traumatic brain injury - requires specialized knowledge and expert testimony. As someone with a family member who suffered a severe head injury resulting in permanent brain damage, I can tell you that the nuances of this type of injury require skill and understanding to be able to communicate to a jury (or insurance lawyers) the full impact of TBI.

Continue reading "Metro Atlanta Charter Bus Accident ends in Traumatic Brain Injury" »

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" »

While it was undisputed that the defendant caused the accident, a plaintiff had her work cut out for her it convincing a DeKalb County jury that the back injury she suffered was caused by the accident. The 46-year-old woman suffered spine injury and disc compression in the car accident. However, one of the elements in a personal injury case such as this is proving causation. Using medical records, expert physician testimony, and testimony of family and friends is often the most logical way to prove causation.

As trial attorneys, we often use all of the above to prove causation. Most important are the medical records which can show the timing and course of treatment. In this case, the woman did not visit a physician until two months after her original emergency room visit after the accident. Because back injuries can show up gradually, an experienced attorney will be prepared to "connect the dots."

Continue reading "$350,000 Jury Award in DeKalb Car Accident Case" »

A motorist involved in a trucking accident in DeKalb County, Georgia suffered severe injuries to his arm and can no longer work. Under a law that had been created to close a loophole that could allow out-of-state trucking companies to escape liability, the jury was allowed to consider the direct liability of the South Carolina trucking company.

Generally Georgia law protects insurers from being named in lawsuits with those they insure because disclosure of insurance coverage can be highly prejudicial. However, the Direct Action Statute at O.C.G.A. 46-7-12 does permit such lawsuits. The statute requires in-state trucking companies to file certificates of insurance with the Public Service Commission. Because there is no such governance for out-of-state companies the legislature allowed direct action against trucking companies in the law.

Continue reading "$1.29 Million Awarded to Injured Motorist in DeKalb County" »

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" »

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.

For the second time in less than two months a wrong way driver was involved in fatal accident on I-85 . Both accidents occurred between Shallowford Road and Chamblee Tucker Road. If you are familiar with the area you know that some of the ramps in the area can be confusing, especially when alcohol is involved. Apparently, the wrong-way driver was also DUI and as he travelled north in the southbound lane he struck another car killing the driver.

Not only will the wrong-way driver face criminal charges he will also probably face a personal injury lawsuit for wrongful death. Most car owners look to their insurance policy to cover them in the event of a car accident, but most owners don't have enough liability insurance to cover a fatal accident. When you cause the death of another person, you are liable for the "full value" of their life which includes future earnings and the enjoyment of life plus pain and suffering.

How is the value determined? The courts will look at the age and life expectancy of the person in addition to their earning capability. For example, a college student working on his masters will have a higher earning capability than someone with only a high school degree who works as a landscaper.

There are many issues involved in wrongful death actions. If you have any burning questions related to wrongful death that you would like answered, post a comment on our website.

In 2008, the National Highway Traffic Safety Administration reported a total of 320 fatalities due to car crashes involving police pursuit. Of that number, Georgia was responsible for ten percent with 32 reported fatalities due to the police chase of a suspect, second only to California which had 34. This is an increase from 2007 where Georgia had 24 reported fatalities related to police pursuit. However, the lack of a mandatory reporting system has made it difficult to collect accurate data on dangerous police chases and we don't know exactly how many other deaths and injuries in Georgia were a result of police chases.

In Georgia, most law enforcement departments give wide discretion to the officer to determine the need to apprehend a suspect. Hence, Georgia is at the top of the list for the number of reported fatalities linked to high speed chases. Most 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.

In addition to the deaths, there are hundreds more injuries. Unfortunately, innocent third parties are often the victims of high speed chases. These individuals are in the wrong place at the wrong time through no fault of their own. Each year the call for an end to high speed pursuit becomes stronger.

The debate centers on which crimes call for an unbridled police chase. Most people believe only the most violent of crimes deserve the risk that is placed upon anyone in or near the roadway of a police chase. Many others believe no pursuit of any type of criminal suspect is worth the risk to innocent victims. Personally, I can think of very few instances when a high speed chase is warranted. I have read too often of families who have lost a loved one because a police officer decided to risk innocent lives in the name of apprehending a suspect.

Even with the number of wrongful death lawsuits against Georgia, its counties and municipalities, there does not seem to be a reduction in the number of high speed chases. How many other agencies allow practices that so definitively result in a bad outcome at such a frequent rate?

Due to statutory notice provisions, families must act quickly to preserve their rights to sue a state or local government entity and its police department. In Georgia, within a year of the event the county or state must be given notice of the potential claim. It is even shorter if it is a municipal agency which requires notice within six months. This type of notice is often called the ante litem notice. The ante litem provisions are strictly construed and there is virtually no way to extend the period for providing notice. Therefore, it is very important that anyone with a potential claim against a state, county, or municipality confer with an experienced trial attorney as soon as possible after an injury.

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.

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.

Continue reading "How To Choose A Personal Injury Lawyer" »