Atlanta Personal Injury Lawyers Blog

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" »

Slip and fall rates are particularly high among those over 65 years of age. About one third of those injured in a slip and fall will have permanent limitations in their daily living activities.

So what exactly is a slip and fall injury and what damages arise out of the injury? Slip and fall injuries are a category of premises liability and arise out of legal duties of the property owner owed to the general public. For example, a customer in a store slips in a puddle of water created by a leak in the roof. As a result of the fall, he has several broken bones and permanent injuries to his hand. If he is successful at proving the negligence of the property owner in failing to maintain the premises, he can then proceed to request damages.

There are three basic categories of damages: 1) economic damages; 2) noneconomic damages; and 3) punitive damages. Because punitive damages include the extra burden of proving gross negligence, we will not discuss them here.

Economic damages are the money lost due to the injury. Medical expenses and lost wages are the two most common economic damages claimed. Economic damages can be easy to prove through pay stubs, tax returns or W-2 forms. Medical bills will show the exact monetary loss for healthcare related expenses due to your injuries. However, future medical expenses and lost income will often require expert testimony or at least a report from an economist who can estimate the cost of long term care and the loss of future earnings and then place a present value on that number.

Noneconomic damages are often referred to as pain and suffering. This type of damages has no set monetary value and in Georgia is determined by the conscience of an enlightened judge or jury. Pain and suffering includes, physical and emotional or psychological pain. Often, the injured party's own testimony or that of family and friends will be the evidence relied on to award damages for pain and suffering.

Continue reading "Slip and Fall Injuries in Georgia" »

The National Highway Safety Traffic Administration has compiled a statistical analysis of alcohol-related driving accidents between 1982-2005. Over the twenty year period, the number of alcohol-related car accidents has declined from 53% to 33% in car accidents involving at least one impaired driver. Holidays show the highest percentage of accidents due to drunk driving while weekdays have the lowest percentage of these types of accidents.

The report found that certain laws tended to deter alcohol-related driving. I am sure you know most of these. Georgia lowered its legal blood alcohol limit to .08 as did many other states. Laws were enacted to permit the suspension of driver's licenses for those who refuse a breath test. The minimum drinking age was raised in the 1980's by Ronald Reagan when he tied the law to federal funding of state highways. Additionally, it became illegal for anyone under the age of 21 to have a blood alcohol level of over .02. Alcohol education has worked as shown by the continued reduction in alcohol -related accidents.

After a week and a half of trial, a Clayton County jury returned a wrongful death verdict for $753,000 today in favor of our client. While at a local Atlanta restaurant last year, our client's husband died after being served the wrong meal. He had a severe shellfish allergy and, although he ordered a dish without shellfish, the meal that was served to him contained crab meat. Within, minutes of eating the meal he went into anaphylactic shock and died.

The restaurant claimed the husband ordered the meal that killed him. They relied on the order ticket filled out by the waitress. However, through the use of a forensic handwriting witness, we were able to show the waitress had created the order ticket after the fact. Additional medical expert testimony was used to educate the jury on food allergies and anaphylactic shock.

While the restaurant countered they had no responsiblity for whether our client received the proper order or not, we tried the case on general negligence grounds which allowed the jury to find that the restaurant owed a duty to our client and her husband to accurately take their order and deliver the meals as ordered.

Shellfish allergies are one of the most common allergies ranging from mild to severe. While anaphylaxis is rare, it interferes with breathing, causes a severe drop in blood pressure, a rapid pulse and loss of consciousness. In the most severe instances, it causes death.

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