Atlanta Personal Injury Lawyers Blog

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" »

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" »

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 U.S. Department of Transportation (DOT) recently issued an order banning all in-cab texting by commercial truck and bus drivers. Because the DOT has the authority to regulate interstate truck and bus safety, it was able to immediately put this rule into effect due to the number of truck accidents caused by distracted driving. Transportation Secretary Ray LaHood stated "To put this dangerous behavior in perspective, researchers at Virginia Tech found that truck drivers who send text messages on a cell phone are about 23 times more likely to get into some type of crash or near-miss than drivers who keep their eyes on the road." The Virginia Tech study found that drivers take their eyes off the road for almost 5 seconds when texting which is equal to driving the length of a football field at 55 mph without looking at the road.

Early release data from the National Highway Safety Administration indicates 4,229 people were killed in accidents involving large trucks in 2008. No data related to the cause of the accidents has been released yet. By way of comparison, in 2007 there were 4,808 people killed in truck accidents with 5.8% of those accidents involving distracted driving. So the good news is there is a downward trend in the number of deaths due to truck accidents and with this new ban on texting by large truck drivers, those numbers should continue to decline.

Texting and distracted driving have become such an issue that twenty states have already banned texting and driving by all drivers and 23 more are considering legislation, including Georgia. Georgia's bill has been sent back to a committee to determine how such a law could be enforced. We will continue to follow the bill in Georgia and keep you up to date as it moves through the legislature.

Continue reading "Texting Banned to Prevent Trucking Accidents" »

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.

After five years of challenges to the hours of service rule which allows truckers to drive for up to eleven hours straight per day, the federal rule will be reviewed and reconsidered. The Federal Motor Carrier Safety Administration (FMCSA) signed an agreement with trucking and safety groups promising to revise the rule. Other aspects of the rule will also be reviewed including the 34 hour off-duty period. All revisions will be made with an eye toward reducing the number of trucking accidents.

For sixty years prior to the 2003 enactment of the eleven hour rule , truck drivers could not drive more than ten hours at a time. Since the revision, numerous public interest groups have challenged the rule calling for reconsideration and review.

Citing safety concerns, one of the watchdog groups, issued a statement applauding the government's action in taking responsibility to protect truck drivers and the public from unsafe driving conditions. Longer hours behind the wheel lead to driver fatigue and more truck accidents.

Any change in rules that allows for truck drivers to be more rested and therefore able to better concentrate on driving, makes the highways safer for all of us. As Georgia trucking accident lawyers, we will be watching the revisions to this rule closely, with the expectation that it will be revised to its original limits.

The U.S. Department of Transportation (DOT) held a two day Distracted Driving Summit to publicize the dangers of driving while distracted. "Every single time someone takes their eyes or their focus off the road - even for just a few seconds - they put their lives and the lives of others in danger," said Secretary LaHood in Washington, D.C. "Distracted driving is unsafe, irresponsible and in a split second, its consequences can be devastating." Research by the National Highway Safety Administration shows that in 2006 almost 6,000 people died as a result of motor vehicle accidents involving distracted driving.

The summit brings together industry and safety experts, government officials and the general public with the goal of heightening awareness of the impact of distracted driving. Two of the most common distractions are cell phone use and texting. Additionally, the Federal Motor Carrier Safety Administration(FMCSA) is presently conducting a study on cell phone use by commercial truckers and its impact on trucking accidents and near-accidents.

When you are driving behind someone on the metro Atlanta highways who suddenly seems to be unaware of the traffic - don't you assume they must be on their cell? I do and I give them a wide berth because I know that they are not aware of my presence. With the DOT and the FMCSA working toward teaching the public about the dangers of cell phone use while driving, we can hope the public will take the responsibility on themselves to not engage in these activities while driving rather than the legislature moving toward making the activities illegal while driving.

New braking standards have been issued for large commercial trucks which will improve stopping distance by up to 30 percent. The National Highway Traffic Safety Administration created new standards for braking equipment which is expected to save 227 lives each year and prevent 300 serous injuries. In 2008, 4,229 people were killed in trucking accidents. The new brake standards will help truck drivers avoid accidents especially under more dangerous conditions such as wet roads.

Although, it will take some time to bring the nation's commercial trucking fleet up to the new standards as older trucks are retired, the long term effect is good for all of us. Commercial vehicle trucks which include big-rigs, tractor trailers, and 18 wheeler trucks, are regulated by the federal government through the Federal Motor Carrier Safety Administration. The agency has seen a decline in the last few years in the number of trucking accidents. Tougher safety regulations and equipment standards along with public safety programs like Ticketing Aggressive Car and Truck Drivers seem to be working. As trucking accident lawyers we are always happy to see a decline in fatalities and an increase in safety standards.

Lately, we have heard quite a bit about concussions and football athletes. In particular, Tim Tebow of the Florida Gators suffered a concussion in a recent game causing concern and raising the questions of how you know when you have a concussion and how you treat it? Although, Tebow's injury was a "legal" hit, many car accidents and truck accidents in Georgia cause mild to severe concussions also called traumatic brain injuries, some resulting in permanent brain damage. In fact 20% of motor vehicle accidents result in traumatic brain injury including concussions.

But what is a concussion? A concussion occurs when the brain is violently shaken inside the skull, for example, when your head hits the windshield or side window in a tractor trailer accident. A mild concussion does not result in a loss of consciousness but you may feel dazed. In a severe concussion, there is a period of unconsciousness and you have no memory of the event.

Often called mild traumatic brain injury, concussion symptoms include nausea, dizziness, irritability, depression, lack of coordination, headaches, confusion and other memory or thinking behaviors. These symptoms can linger for months. Because the damage is unseen and the symptoms elusive, there is no set time frame for the healing process. Rest is often recommended as a first course for recovering from a concussion.

As a truck accident attorney, proving mild brain injury from a concussion requires specific and detailed knowledge of how the brain works because symptoms are often subtle. Often, people look fine although they feel or act differently. A neuropsychologist can focus on the cognitive injuries adding credibility to the person's symptoms. Fortunately, most people recover completely from concussions, but if you have suffered an injury as a result of a motor vehicle accident, please follow up with your physician and be aware of the varying symptoms of concussions.

Learn More:
Facts About Concussions and Where to Get Help

Signs of Incompetence After Brain Injury by Lori Jolly

This week, the State Supreme Court released an opinion having incredible impact on Georgia personal injury cases including car and truck accidents. Ruling that plaintiffs bringing personal injury lawsuits for car accidents and trucking accidents may have additional time to file their lawsuits based on whether the at-fault driver received a citation. The Court relied on the Official Code of Georgia § 9-3-99 which provides that in any tort action arising out of the commission of a crime the two year statute of limitation is tolled or "paused" from the date of the crime until the prosecution of the crime is final, so long as it does not exceed six years from the time of the injury. The Supreme Court found that traffic citations are crimes because they are misdemeanors.

How does this apply? In the case before the court, the plaintiff was a passenger in a car which was rear-ended in an accident near Fort Stewart on April 27, 2005. The at-fault driver was issued a citation for following too closely which was paid and disposed of about three weeks after the accident on May 19, 2005. Under the Court's new ruling, the time clock for the two year personal injury statute of limitations didn't begin to run until the ticket was taken care of either by payment of a fine or disposition in court meaning this plaintiff, had until May 19, 2007 to file her lawsuit.

This is not to say that it is wise to wait until the last minute to file a lawsuit - evidence is lost, memories grow weak, and you often lose the ability to thoroughly investigate your case because you are rushing to meet the statute of limitations. However, it is nice to know that for now, or at least until the Legislature changes the law to prevent tolling for traffic citations, people injured in accidents have a little more breathing room before filing their lawsuits.

Read more on this case Beneke v. Parker.