Atlanta Injury Attorneys Blog

February 7 though February 13, 2010 marks burn awareness week. This week is designed to educate individuals and families about the dangers of burn injuries and teach burn prevention skills.

Burn injuries are one of the top causes of unintentional death in the United States. Last year alone approximately 2.4 million burn injuries were reported.
Burn injuries range in severity from least (first degree) to most (third degree). Burn injuries are complicated because they affect not only skin but also muscles, nerves, blood vessels and bone. Burn injuries are serious and can lead to debilitating and lifelong issues such as disfigurement, scarring and pain. Oftentimes, burns are due to the negligent or reckless conduct of another person or entity.

Burns can result from a variety of sources, including but not limited to:
• Car, truck and motorcycle accidents
• Cooking accidents
• Unattended cigarettes
• Work-place accidents
• Electric wiring problems
• Defective products
• Chemical exposure

Burn awareness week provides an opportunity to focus on burn prevention and take some simple steps to prevent burns in our environment.

Some home safety tips include:
• Have an emergency escape plan
• Place smoke detectors on each level of your home
• Avoid wearing loose-fitting long sleeves while cooking
• Don't leave food unattended while cooking
• Replace all worn cords and appliance
• Unplug all electrical tools when not in use

Continue reading "Georgia Burn Injuries - Burn Awareness Week Focuses On Injury Prevention" »

The type of Georgia auto accident one is involved in is often predictive of which driver is liable. In addition, certain types of injuries are more common with different types of accidents. For example, when a driver is stopped at a stop sign or red light, and he or she is hit from the rear, then it is almost always, without exception, the fault of the driver behind him. The citation for the offending driver is typically "following too closely". Moreover, the injuries one sustains in such a collision are likely to be to the neck or the back because the neck and spine are thrown forward when one is struck from behind.

In Georgia, sideswipe accidents, head on collisions, hit and run wrecks, drunk driving accidents, intersection accidents, head on collisions, failure to yield wrecks and t bone car accidents can result in devastating catastrophic injury. Some other types of Georgia car accidents with the injury and liability consequences are listed below

Head On Collision. Head-on collisions usually involve one party driving on the wrong side of the road or crossing the centerline of the road into the path of oncoming traffic. Head injuries, traumatic brain injuries, internal injuries, neck injuries, spine injuries and amputation injuries, including decapitation can occur.

Intersection Accident. Intersection collisions often involve one driver disregarding a traffic control device. T-bone or side impact wrecks can result in devastating internal injuries if the driver or passenger is in an impact area that is hit directly and perpendicular. Head injuries are another unfortunate consequence.

Pedestrian Accident. Pedestrian impacts typically result in catastrophic trauma for the pedestrian because she is completely exposed and unprotected from injury, resulting in severe head injury, broken bones, spine injury, road rash, traumatic brain injury, amputation injury, internal injuries and limb injuries.

Failure to Stop at a Stop Sign, Yield Sign or Red Light. Various injuries can result.

Failure to Yield. Like failure to stop at a traffic control device, these crashes can result in varying types of impacts and injuries.

Side Impact or T-Bone Collision. With head on collisions, side impact collisions are typically the most serious of accidents. Traumatic brain injury, spine injury and catastrophic internal injuries can result.

Driving While Texting or Driving Using Cell Phone. Unfortunately, driving while texting or using a cell phone is not illegal in Georgia yet, but studies find that these activities can result in a major lack of awareness resulting in major impact injuries.

DUI Drugs Accidents

Drunk Driving Accidents

In Gwinnett County, Atlanta and across Georgia, injuries to children can be unnerving to the parent and emotionally scarring to a child. You do so much to keep your child safe, but a serious or fatal accident can be devastating and shake your confidence in yourself and the world. Whether a child is injured in a Gwinnett County automobile accident, truck accident, playground accident, premises liability case or is hit by a car, the fear, anxiety and trauma that the child experiences is magnified. I was in a serious auto accident when I was twelve (12) years old. I was lucky to survive. Months and even years later, though, I would still flinch when a car came to close to the one I was driving or riding in. The terror of that day has never left me, and I still bear the scars from that experience.

Typically, children's bodies are more flexible and can withstand impacts more than adults. Young children have a capacity to recover more quickly and fully than an adult who may suffer a similar injury. That's the good news.

However, child injuries in Georgia can be complicated because of the issues regarding legal competency and parental responsibility. If a child obtains a settlement of judgment in a case, any amount paid over $5,000 or $15,000 (depending on the circumstances) must be approved by the probate court of the county where the child lives. A conservator must be appointed to manage the child's money, with the supervision of the court, until the child reaches the age of 18. An alternative to a conservatorship is a "structured settlement". In a Georgia structured settlement, a third party company can arrange an annuity investment for the minor with the parent's consent.

If a child suffers an injury which results in permanent disability, the parent's role can as caretaker can extend throughout the child's lifetime, requiring sometimes an adult guardianship by the parent.

Whether the injury suffered by the child is a result of a truck accident, car accident, premises liability accident or other catastrophic event, it is important to secure competent representation with an experienced Atlanta child injury lawyer.

Continue reading "Atlanta Child Injury Victims Need Attorney Who Focuses" »

A Georgia accident victim who has been injured by a drunk driver, intoxicated driver or a driver under the influence of illegal drugs has options beyond those of other accident victims. Georgia law provides no caps on punitive damages for personal injury victims. Punitive damages are damages that punish an offending driver and deter similar conduct. Someone who is injured where no punitive behavior has occurred is entitled to special and general damages, but not punitive damages. Juries may seek to punish drunk drivers. That money goes to the victim and can often be substantial.

Georgia Drunk driving victims often suffer permanent, disabling spine injuries, burn injuries and other catastrophic injuries because drunk driving accidents often result from head on collisions. Charles Scholle is an experienced DUI accident victim attorney who can help victims of DUI accidents in Atlanta and Georgia.

Continue reading "Georgia Drunk Driving Accident Victims Have Many Options" »

No injury is more devastating to a Georgia truck accident victim, auto accident victim or premises liability victim than a spinal cord injury. Paralysis occurs if the spinal cord is severed. Depending on where it is severed, the paralysis can be defined as quadriplegia for paralysis of all four limbs, or paraplegia for paralysis of only the lower extremities. Whatever the result, the practical effect of a spinal cord injury is life-changing.

Gwinnet County spine injury cases are complicated and require expert testimony concerning the real-life impact of the injury and an economic quantification of all the damages. Issues like future medical treatment, future physical therapy treatment, future lost wages, future reduction and ability to earn a living are all relevant inquiries. All aspects of the life status pre-injury compared to post-injury must be fully explored to assure a fair settlement or verdict for the injured party. Many times discovering all available insurance is the most challenging aspect of a lawyer's role. Most liability insurance policies do not cover the extensive damages suffered by spinal cord injury victims. Consequently, uninsured and underinsured motorist coverage needs to be claimed. Multiple UM policies in Georgia can often be stacked to maximize coverage.

Securing the evidence needed to prove liability is also key. If the accident involved a tractor trailer, they typically have already obtained a head start in the process. Knowing that the injuries are often catastrophic, these insurance companies and responsible parties go out of their way to reduce their chances of having to pay any large amounts. An accident attorney needs to act aggressively to make sure the accident victim is protected.

Continue reading "Georgia Spinal Cord Injuries" »

There are no injuries that are more physically painful than burn injuries. As bad as the physical injuries are, however, disfigurement from burns can be even more psychologically devastating to an accident victim. One may feel unlovable or unattractive. Because of the follow-up skin grafts and scarring, the physical and emotional tolls often linger a lifetime. Keloid scars, contracture scars and hypertrophic scars can make an auto accident, truck accident, work accident or premises liability accident victim feel ashamed, embarrassed and depressed. Accordingly, the compensation recovered should be extremely high in light of these damages.

Georgia burn injuries from automobile, truck or other vehicle accidents are often the result of the combustion of gasoline or other flammable liquid. However, other types of accidents can cause different burns. Electrical burns, steam burns, contact burns, grease burns, chemical burns and other types of burns can also result from vehicle accidents or work accidents. Whatever the cause, catstrophic skin damage, nerve damage and cosmetic damages typically result, even if localized, and require a long convalescence.

I have represented many burn victims and obtained substantial recoveries. Burn victims injured in metro-Atlanta accidents should seek the services of a respected Georgia burn injury attorney. Juries are typically very emotionally sympathetic to these plaintiffs, feeling empathy for the hardships ahead for burn victims.

Continue reading "Burn Injury from a Georgia Accident Can Be Catastrophic" »

Traumatic brain injuries are devastating for the victim. Impairments vary depending on the type of trauma. An accident resulting in a seizure disorder can leave the victim many functional faculties of her brain, but the seizure patient is always anxious, afraid that a seizure might occur at an inopportune time. I have represented many clients with seizure disorders that were caused by head trauma. In fact, my very first client suffered a seizure disorder as a result of a serious traumatic injury. Because of the side effects, he was unable to take dilantin to treat the seizure, so he had to seek other medications. Seizure medications are often expensive, physically draining and have side effects that are very difficult to tolerate.

The science of brain injury is complicated and sometimes difficult to decipher, even for expert doctors, and seizure disorders are one area of medicine that has not been adequately understood. This is changing. Modern medicine has developed devices that fit inside the head and countermand the electrical impulses that can lead to seizures. However, many more years of clinical tests are necessary before many of these mysteries will be unlocked. Many times the seizures can be controlled, but they are usually present for the life of the patient.

Brain injuries from traumatic accidents like automobile accidents, boating accidents, motorcycle accidents, truck accidents, premises liability and other types of injuries that occur because of someone else's fault are particularly devastating because they occur without warning and without any opportunity to prepare you or your family financially, emotionally or logistically. Epileptics and other seizure disorder patients often are not allowed to drive or operate heavy equipment. This affects their mobility and their ability to maintain employment. If the uncertainty and upheaval associated with a traumatic brain injury has affected you or someone in your family, contact a well respected Georgia brain injury and seizure injury attorney.

With Halloween coming up soon, I would like to remind drivers and families to keep safety in mind as they have fun. Most people don't realize this, but according to the National Highway Traffic Safety Administration, Halloween is the second deadliest day of the year for pedestrians, surpassed only by New Year's Day. Not surprisingly, alcohol plays a big part in that statistic. The Georgia Governor's Office of Highway Safety reports that across the nation. 58% of highway fatalities involved a driver who was legally drunk, with a blood-alcohol concentration of 0.08 or greater. This is far above the national average for the entire year, which is routinely around 32%. As a father and a Georgia drunk driving accident attorney, I'd like to offer safety information for trick-or-treaters of all ages.

In response to the typically high rate of DUI accidents on Halloween, the Governor's Office of Highway Safety promises that law enforcement will be on high alert for drunk drivers. In fact, police agencies began their crackdown a week before, on Friday, Oct. 23, according to MyFox Atlanta. On that day, police agencies throughout Metro Atlanta set up checkpoints to check for alcohol-impaired drivers and stepped up patrols. The same measures are expected throughout the Halloween weekend that begins Friday evening. The enforcement effort includes mobile blood-alcohol testing as well as a team of wreckers standing by to impound vehicles of drivers found to be under the influence of alcohol.

Avoiding drunk driving is at the top of the list of Halloween safety tips offered by Consumer Reports for drivers. In a blog post dated Oct. 28, the magazine reminded drivers that kids may be out even later than usual this year because it's a Saturday followed by the end of Daylight Saving Time, which adds an extra hour to Nov. 1. The blog suggested to drivers that they use extra caution in residential neighborhoods and anywhere else children are gathered, driving slowly and keeping an eye on child pedestrians. It also reminded parents to let kids out of vehicles on the curb side of the road; use flashers during stops; avoid using phones while driving and always use age-appropriate safety seats. For trick-or-treaters on foot, Consumer Reports said parents should accompany kids under 12; kids should stick to sidewalks and walk rather than run; and parents should consider giving their kids glow sticks, flashlights or costumes with reflective material, so drivers can see them easily.

As a Gwinnett County DUI accident lawyer, I hope both drivers and pedestrians take these warnings to heart. Through my work, I frequently see the heart-breaking results of drunk driving. When people choose to get behind the wheel after drinking, they expose all of the innocent drivers and pedestrians around them to death and permanent, irreversible disabilities. These catastrophic, emotionally devastating injuries can throw victims into a financial panic as well, thanks to the double whammy of huge medical bills and unplanned, injury-caused time off work. And of course, the drunk drivers themselves face the heartbreak of knowing they are responsible for these injuries, as well as criminal prosecution and liability in a potential Georgia drunk driving injury lawsuit.

Continue reading "Metro Atlanta Police Agencies Plan Extra Patrols to Cut Down on Halloween DUI" »

As a Metro Atlanta auto accident lawyer, I was pleased to see that the driver allegedly responsible for three deaths in commuter traffic last week is facing the charges against him. According to an Oct. 20 article in the Atlanta Journal-Constitution, driver James Miles surrendered to authorities at the DeKalb County Jail that day. Miles is accused of driving recklessly in the Oct. 13 incident, which caused the deaths of three Southern Co. employees in a nine-person commuter van. One other employee is hospitalized with a broken skull and leg. No injuries to Miles were reported.

The crash happened on U.S. 78 in DeKalb County. Witnesses say Miles, in a Dodge Stratus, was changing lanes in and out of traffic before he clipped the back of the Southern Co. van. The crash caused the van to flip it on its side, trapping the passengers and requiring rescue crews to remove the roof. Killed were the driver, Robert Harold Clinton Jr., 60; and two passengers, Ollie Benny Stephens Jr., 49, and Cindy Fitzgerald, 54. All were from Lilburn. Seriously injured was Courtney Hill, 25, also of Lilburn. Miles is now facing three counts of misdemeanor vehicular homicide, charges that some of the crash survivors said seemed light. Misdemeanor vehicular homicide is punishable by up to a year in jail for each offense. Felony vehicular homicide is punished more severely, but is reserved for cases of DUI, reckless driving or certain other offenses. A former district attorney told the newspaper that reckless driving can be difficult to prove.

I understand the frustration these survivors, who are co-workers and friends of the victims, may be feeling. As a Gwinnett County car wreck attorney, I see the results of careless driving through my work on a weekly basis. Even if a choice doesn't meet the legal standards necessary for a felony vehicular homicide charge, that doesn't mean it's a safe, reasonable or necessary choice under the conditions on the road at that time. However, even if prosecutors' hands are tied, surviving family members have another legal option for bringing the careless driver to justice: a Georgia auto accident lawsuit. With a legal claim, victims of a serious crash can hold the wrongdoer responsible for his or her actions and recover the costs the accident caused.

Continue reading "Driver Surrenders to Face Charges for Fatal Rush Hour Crash " »

As a Georgia defective product attorney, I was pleased to see an announcement Oct. 5 of the largest U.S. recall in Toyota Motor Corp.'s history. According to an Oct. 5 article by the Associated Press, Toyota is recalling 3.8 million vehicles because they have floor mats that, if not properly secured, may cause the gas pedal to stick, leading to uncontrollable speed that can cause a deadly crash. Drivers of the affected vehicles are being asked to remove the driver's side floor mats and wait for Toyota to call them in for a more permanent solution, still in development. More information is available from Toyota's press release, or consumers may call the federal National Highway Traffic Safety Administration's hotline at 1-888-372-4236.

The vehicles affected by the recall include:

• 2007 - 2010 Toyota Camry
• 2005 - 2010 Toyota Avalon
• 2004 - 2009 Toyota Prius
• 2005 - 2010 Toyota Tacoma
• 2007 - 2010 Toyota Tundra
• 2007 - 2010 Lexus ES350
• 2006 - 2010 Lexus IS250 and IS350

Unfortunately, the recall was prompted by a deadly accident that took place in San Diego in August. California Highway Patrol officer Mark Saylor and three members of his family died when the pedal became stuck on their Lexus ES350. People inside the vehicle called 911 for help, but couldn't stop the vehicle before it reached a speed of 120 mph. They hit another vehicle, then fell from an embankment and rolled several times before bursting into flames. Toyota's press release included instructions for drivers in this situation to pull away the mat, brake, shift into neutral or turn off the engine.

As a Metro Atlanta product liability lawyer, I'm impressed that Toyota has taken what seems like reasonably quick action on this problem. In the past, manufacturers have not always been quick to order a recall, even when the safety problems were real and undeniable. You may remember the Bridgestone/Firestone tire recalls of 2000, which primarily affected Ford vehicles. The tires were unreasonably likely to fall apart (tire tread separation), particularly at high speeds, due to a manufacturing problem. In that recall, safety advocates claimed that Firestone undertook a "documented coverup" of problems that reached back into the mid-1990s or earlier. This claim is controversial, of course, but if there was a delay, it undoubtedly helped raise the death toll to an estimated 40 to 120 -- far more than the four deaths documented so far in the Toyota recall.

Continue reading "Toyota Recalls 3.8 Million Cars and Trucks to Correct Potential Stuck Accelerator Problem" »

I want to personally thank all those brave souls who took time out to attend the MADD Walk at Zoo Atlanta last Saturday. My team was able to raise almost $1,000 toward a noble and worthy cause?

As an Atlanta personal injury lawyer who reprsents DUI victims, it is gratifying to work with a great organization like MADD.

As a Metro Atlanta bus accident attorney, I was saddened to hear of a Sept. 15 accident in which a school bus fatally hit a five-year-old child. Atlanta NBC affiliate WXIA reported Oct. 5 on a bond hearing in the case for bus driver Sharon Dale. Dale is charged with second-degree homicide, failure to use due regard and violating procedures for school bus drivers in the incident that killed kindergartener Everett Johnson in northwest Atlanta. The hearing, which was attended by a group of Dale's colleagues, ended with Dale's release on a signature bond. She is suspended from her job with pay until the outcome of the trial.

According to the article, the accident happened shortly after Johnson and six other students got off the bus. Johnson reportedly fell behind the pack because he had dropped his book bag. When he bent over to retrieve it, Dale allegedly couldn't see him and tried to pull the bus away from the curb. Dale was reportedly so distraught that police waited a day to interview her. At the hearing, police officer Kim Jones testified that she climbed into the driver's seat and found that it would have been impossible to see a bent-over child in the position Johnson had occupied. However, Fulton County prosecutor Richard Elliott argued that Dale had a responsibility to adjust the mirrors for full visibility. Jones testified that she observed nothing wrong with the mirrors.

My heart goes out to Johnson's family. As his grandmother observed in the article, no amount of legal maneuvers can reverse this terrible accident. But as a Gwinnett County bus accident lawyer, I am very interested in what bus manufacturers and bus drivers can learn from the tragedy. Dale may be guilty of extreme carelessness if, as Elliott suggested, adjusting the mirrors correctly would have helped her see Johnson. If that's the case, Dale, and perhaps also her employer, would be liable for her negligence in any lawsuit the Johnson family chooses to file. However, if it's not possible to adjust the mirrors to remove every blind spot from the driver's view, the negligence may more properly lie with the manufacturer of the bus. In that case, it would be the manufacturer who would be liable for the wrongful death.

Continue reading "Court Considers Bond in Case of Bus Driver Charged With Running Over Kindergartener" »

As a Georgia car wreck lawyer, I was pleased to learn that the federal government called a meeting among top government and private transportation experts to discuss the problem of distracted driving. As Fox News reported, the two-day Distracted Driving Summit ended Oct. 1 with a promise from Transportation Secretary Ray LaHood to make new rules against distracting use of handheld electronic devices while operating a vehicle. Speakers denounced a variety of driver distractions, but a major focus of the conference was the problem of texting and talking with cell phones while driving. A series of studies that appeared before the summit made the problem explicit, with one study finding that texting increased truck drivers' chances of a crash by 23 times.

No specific legislation emerged from the conference, although LaHood said the Department of Transportation would call for permanent rules against the use of handheld devices by people operating trains, buses and tractor-trailers. However, one of the speakers, Sen. Charles Schumer (D-NY), used the conference to endorse his federal legislation against texting and driving. The ALERT Act would require states to make laws banning texting and driving for all drivers or lose 25% of their federal highway funding. A similar law helped establish nationally consistent laws on drunk driving -- and indeed, Schumer said texting is more dangerous than drunk driving. Federal research showed that an average of 800,000 Americans use hand-held phones while driving each day.

The research on texting and driving is sobering. The above study on texting and driving found that truck drivers took their eyes off the road for an average of five seconds while texting. That's enough time for a Mack truck at highway speeds to travel the length of a football field -- without anyone behind the wheel paying attention. In another study, the University of Utah found texting increased the chance of a crash by eight times among students using a driving simulator. And federal research on actual crashes showed that nearly 6,000 people died from distracted driving in 2008. That's enough to convince me, as a Metro Atlanta auto accident attorney, that we should address this safety problem. Mobile devices have improved our lives, but we should never let those improvements come in exchange for lives.

Continue reading "Federal Summit on Distracted Driving Ends With Promise of New Rules Against Texting While Driving" »

As a Gwinnett County auto accident lawyer, I was sorry to read in the Atlanta Journal-Constitution about how the recent rains claimed their first life Sept. 23. Barbara Jean Smith of DeKalb County was killed after she stopped at Spaghetti Junction to help a driver whose car had spun out on the wet roads. She was out of her vehicle and standing on the ramp from I-85 south to I-285 east when a third driver rear-ended one of the stopped vehicles, pushing the vehicle into Smith and Smith over the edge of the bridge. She fell about 50 feet onto the northbound lanes of I-85, the newspaper said, and died at the scene.

Smith's three children, ages 19 to 22, describe her as a generous person who was sometimes impulsive in her urge to do good. She may have been acting on impulse when she stopped for the spun-out driver, Donald Sykes of Covington in Metro Atlanta. She had lent Sykes her cell phone and was standing with him on the elevated shoulder of the road when Marcelino Chavez-Lopez rear-ended one of the stopped cars. The crash pushed the stopped car into the two, throwing Smith over the bridge's railing and leaving Sykes with multiple fractures. Chavez-Lopez is charged with second-degree vehicular homicide, driving without a license and failure to stay in his lane.

I'm sorry to say that, as a Metro Atlanta car wreck attorney, I have long been aware that stopping by the side of the road is not very safe. Drivers who pull into shoulders and breakdown lanes to take care of car trouble or other unavoidable problems are killed far more often than they should be by drivers who drift out of their lanes. In fact, this is such a widespread problem for law enforcement and emergency personnel that Georgia has a Move Over Law requiring motorists to change lanes or slow down when passing emergency vehicles on the side of the highway. Drivers have a legal and moral obligation to be careful at all times, of course, but it's especially important to slow down and stay aware when passing stopped vehicles on a busy, high-speed highway.

Continue reading "DeKalb County Woman Dies in Rear End Accident While Trying to Help Flooded Driver" »

I am deligthed to be participating in this year's Mothers Against Drunk Driving's Walk Like MADD walk this Saturday October 3, 2009 at Zoo Atlanta. Ceremonies begin at 8:00 a.m., and the walk starts at 8:15.

Please visit the website for Georgia's MADD chapter to learn about the cause.

Please support my team or any one of the other teams participating this year. If you cannot walk, you can still make a financial contribution online.

Drunk driving accidents in Georgia kill many innocent victims every year. As a father of two small children, I certainly fear for their safety on the roads. Reprsenenting victims in court is one thing, but organaizations like MADD need financial assistance so that they can continue providing the good work they do.

Please support them!