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.

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.

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?

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.

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" »

Today kicks off the national "Over the limit, Under Arrest" crackdown on drunk driving during the holidays, which runs from December 16 to January 3. Releasing new data on drunk driving fatalities, Transportation Secretary Ray LaHood commented, "Drinking and driving is dangerous and unacceptable, and I'm asking law enforcement to stay vigilant during this busy holiday season. According to the new data, the rate of Georgia motor vehicle accident fatalities related to impaired driving has continued to decrease since 2004.

Driving with a blood alcohol level of .08 or higher is illegal in all 50 states. Georgia uses traffic enforcement networks throughout the state to build the enforcement community into one team. This method has been effective and we continue to see declining death rates due to drunk driving car accidents.

However, the interesting issue in Georgia law is that the DUI laws are based on blood alcohol level not on impairment. Historically, DUI arrests were related to impairment due to alcohol or drugs. Over the past twenty years or so, the political impact of organizations such as MADD has changed the law such that an individual is violating DUI law by having a drink and driving whether he/she is impaired or not. Therefore, to avoid a DUI arrest in Georgia, the days of having a glass of wine with dinner and driving home are over.

Interestingly, this skewed DUI law has broadened the liability of business establishments who serve alcohol to patrons who then drive "drunk" (impaired or not) and are involved in an accident. At that point, the Georgia Dram shop laws come into play and the business may be held liable for the injuries suffered by the victims of the car accident.

Our firm has successfully represented victims of drunk driving accidents and recovered against bars under the Dram Shop Act. If you or a loved one are a victim of a drunk driver, we would be happy to answer any questions you may have.

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.

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

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.

Between 2000 and 2006, Georgia motorcycle accidents rose by over 97 percent. More alarming is the increase of 147 percent in fatalities in those same accidents during that period. Not surprisingly, Fulton County, part of the metro Atlanta area, had the highest number of motorcycle accidents ending in fatalities in a study covering the period 2003 to 2007. Gwinnett, DeKalb, and Cobb counties followed with slightly lower numbers.

In part, because this is a national trend, the Federal Highway Administration is launching the first major study into the cause of motorcycle crashes in nearly thirty years. A 150 percent jump in deaths in motorcycle wrecks in the ten years between 1997 and 2008, as documented by the U.S. Department of Transportation, was an impetus for the study. The study will focus on common factors in motorcycle crashes such as roadways, weather, and the experience level of the rider. "Having a better understanding of what causes these crashes will help us improve roadway safety for everyone," said Administrator Victor Mendez.

According to Georgia Office of Highway Safety Director Bob Dallas, "We have growing support among rider groups, law enforcement agencies, and traffic safety organizations to create a safer riding environment because during recent years, Georgia has experienced a steady increase in fatal motorcycle crashes." In 2006, 3082 motorcyclists were injured and 148 died on Georgia highways.

As part of an effort to create more awareness of motorcycle safety, Georgia implemented the "Share the Road" program which continues to highlight the need for motorists to be aware of and more cautious around motorcyclists. Interestingly, more than sixty-six percent of crashes involving a car and a motorcycle were caused by the driver of the car not seeing the oncoming motorcycle.

From the perspective of a personal injury attorney whose husband loves his Harley and enjoys riding it, my heart skips a beat every time I read statistics like those above. The injuries suffered by motorcyclists in accidents are life-changing including wrongful death, spinal cord injury and brain injury; please share the road.

Learn More:

Georgia Highway Safety

Georgia Motorcycle Safety Program

Last night, a father and his ten year old daughter were killed in a north Georgia trucking accident with an out of control Townsend Tree service truck on Georgia Highway 136. A third relative died later at the hospital. The three wrongful deaths occurred near the towns of Rome, Calhoun, Dalton, Jasper and Ellijay. Because this is a large truck accident, a specialized motor carrier unit is assisting with the investigation.

As discussed in an earlier post, trucking accidents are different from car accidents in several ways. Because trucking accidents tend to cause more fatalities, commercial trucks are more heavily regulated both by the state of Georgia and the Federal government. Improperly maintained trucks can contribute to accidents which is why the state requires annual inspections in addition to the safety checks at the Department of Public Safety Truck Weigh Stations you see along the interstate.

Recovering for the wrongful death of those killed in a collision with a semi truck requires specialized knowledge and an understanding of the complexities of the regulations affecting the trucking industry. If you have a question about a truck accident claim, take the time to find an experienced trial lawyer.

When sixteen year old Byron Trent Pyles died as a result of a Locust Grove, Georgia, police van veering into oncoming traffic, it set off a series of lawsuits over who had the right to sue for his wrongful death. The boy's parents filed a wrongful death action against the police officer and the Locust Grove Police. Under Georgia law, if there is no surviving spouse and no children, then the right to maintain the suit belongs to the parents. However, in this case, Pyles' daughter was born five months after his death and a wrongful death action was filed on behalf of the infant.

A wrongful death occurs when a person is killed by the negligence or reckless conduct of another and Georgia law permits certain parties to sue for the wrongful death. Specifically, the spouse has the first right to sue, if there is no spouse, the children of the deceased have the right to maintain the suit and if no children, then the parents of the deceased may sue. This week the Georgia Court of Appeals found in favor of the child permitting her suit to go forward and disallowing the boy's parents any right to recovery under the wrongful death statute.

While Pyles' parents desire to recover for the death of their son is understandable, there is no wiggle room in the statute. The Georgia Appellate Court held that the wrongful death statute would be interpreted under the usual rules of inheritance where a child born within 10 months of a decedent's death has the same rights of inheritance as a child who was alive at the time of decedent's death.

For certain periods throughout the past year the Georgia Highway Patrol has engaged in "enforcement waves" for the purpose of decreasing the number of trucking accidents in Georgia. Approximately 15% of Georgia fatalities involve a semi truck and car accident. The officers target I-75, I-20, I-85 or I-95 looking for drivers of cars and trucks that are tailgating, switching quickly between lanes, speeding, driving in the emergency lane or failing to signal lane changes.

The Georgia Department of Public Safety implements the program called Georgia-Targeting Aggressive Cars and Trucks or G-TACT. Funding for the program is provided by The Federal Motor Carrier Safety Administration. G-TACT uses driver education and enforcement to decrease the number of car-truck accidents by teaching and reminding drivers of risky behaviors like those listed above. Notably, in trucking accidents involving cars, 90% of the people killed are passengers in the car.

This summer the Georgia Highway Patrol concentrated on the I-20 corridor from Atlanta through Douglas and Carroll Counties. During a one week period, 295 citations were issued for driver violations such as tailgating and speeding. This particular area was selected because over 611 trucking accidents occurred there between 2005 and 2007 resulting in 22 fatalities. If you have driven in this area, you are aware of the heavy commercial traffic travelling between Birmingham and Atlanta on I-20

Because accidents between cars and 18 wheeler trucks are so deadly, it is critical that automobile drivers give big trucks the space they need to maneuver. If you tailgate a truck, it is likely that he cannot see you and is unaware of your presence. Whenever you are on an interstate, be mindful to leave more space for the trucks - it will make the highways safer for all of us.

Yes, trucking accidents differ greatly not only in the severity of the injuries but in the way insurance companies handle them. The metro Atlanta area is a hub for southeast commercial trucking companies creating heavy semi truck traffic on our interstates, especially around the Perimeter on I-285. Loaded 18 wheelers can weigh up to 80,000 pounds compared to the weight of an average car at 3-5,000 pounds. As you can imagine, a collision between these two motor vehicles could be deadly.

In 2007 in Georgia, almost 30% of the trucking accidents with fatalities occurred on an interstate highway. The law of physics tells us that tractor trailer trucks handle differently from cars and require more space for turning, braking and merging, but did you know that there is usually more than one factor for the cause of trucking accidents? For example, semi truck accidents often are the result of driver fatigue coupled with poor truck maintenance or an over-loaded trailer. Frequently, the triggering event for a semi truck accident is a moving violation such as improper lane change or following too closely. When a trucking accident occurs, the first call to the trucking company about the accident leads to an immediate call to their attorney and insurance company. Trucking companies react quickly to limit damages and will aggressively defend lawsuits arising out of trucking accidents.

Commercial vehicle crashes require preservation of evidence, accident reconstruction, complex medical evidence of injuries and a good understanding of the Federal Motor Carrier Safety Act which governs commercial trucking companies and drivers with rules and regulations which help keep us safe.

Many lawyers are not prepared for the complexities of a trucking case, failing to thoroughly investigate and protect evidence. A trial lawyer must be willing to devote extensive time and energy to handling truck accident cases in addition to having a strong familiarity with the commercial trucking industry insurance issues. Because trucks travel between states, these cases often end up in Federal court which require knowledge of Federal rules of procedure.

Resources:

How to Choose a Lawyer

Federal Motor Carrier Safety Administration Progress Report