Atlanta Injury Attorneys Blog

Law enforcement in Peachtree City asked the public for help finding a hit-and-run driver who seriously injured a woman, MyFox Atlanta reported July 12. Johnnie Moore was hit while crossing Highway 74 in Peachtree City this April. She cannot remember who hit her, but based on eyewitness reports, the police said they believe it was an SUV or a similar vehicle. They asked employees at auto repair shops to keep an eye out for vehicles of that size that may have been involved.

Moore had just moved to the Atlanta area with her two daughters to start a new job as a caterer. After settling her family in a hotel room, she went across the street to get dinner. She remembers carrying the food back across the road, but not the accident itself, which left her with a broken leg and arm, a hurt back and internal injuries. Unable to start her job, she is relying on her daughters for basic chores and working with social service agencies to get needed medical care and financial support. She said doctors told her that her recovery will be long.

This article caught my eye because it is a good explanation of the sad financial effect that a serious accident can have on ordinary families. Moore moved to Metro Atlanta for work -- but because of this irresponsible hit-and-run driver, she physically cannot do the work she planned to do. As a result, she is struggling to support her daughters. The article does not specify this, but as an Atlanta car accident lawyer, I suspect she is also facing some very high medical bills. She was almost certainly hospitalized for the injuries mentioned in the article and will need at least some follow-up to deal with the broken bones. All of that costs money that she is now unable to earn, forcing her to rely on the kindness of strangers in her new home town.

After a serious injury, money is the last thing on most people's minds. But as this story shows, victims can easily lose their financial footing after a serious accident. Hospital bills can easily reach six figures, and injured people frequently cannot work while they recover. Fortunately, if the at-fault driver has the courtesy to stop -- or can be found by police -- he or she can be held legally responsible for those bills. In a Georgia car wreck lawsuit, victims can claim compensation for all of their bills, including anticipated future medical costs stemming from the accident. They can also claim lost income from time off work, which would be substantial in Moore's case. And of course, they may claim compensation for the injuries themselves, including any permanent disability, disfigurement or wrongful death.

An Alabama man was charged with operating a boat under the influence of alcohol in connection with an injury accident, television station WALB reported July 13. Samuel Kyle was pulling his 10-year-old daughter and two 11-year-olds behind the boat on a water tube in the Chattahoochee River, in Early County. The Georgia Department of Natural Resources said Kyle was under the influence of alcohol when he made a tight turn that sent the girls flying off the tube and into some rocks. All three were hospitalized and required surgery.

Most people know that it is illegal to drive their cars under the influence of alcohol, even if some of them choose to do it anyway. But not every Georgian realizes that it is also a crime to operate a boat under the influence of alcohol. In fact, you can be charged with drunk boating if you are found with a blood-alcohol concentration of 0.08% or higher (for adults), just as if you had been driving. And the evidence shows that boating while intoxicated can be just as dangerous as driving. According to statistics from the U.S. Coast Guard, alcohol use was the top most common contributor to recreational boating deaths in 2007, and the fifth most common contributor to all accidents.

As a Georgia drunk driving accident lawyer, I frequently use DUI arrests or convictions as evidence of fault in my clients' lawsuits. In an Atlanta boating accident lawsuit, a BUI conviction can be powerful evidence showing that law enforcement believes the person cited was not boating in a safe and responsible manner. This is important, because accident victims must prove the person they are suing is responsible for their accident, and thus their injuries, before they can claim any compensation for those injuries. And those injuries can be quite serious, including broken bones, head injuries and even wrongful death from accidental drowning.

The Georgia Motor Vehicle Accident Report is a standardized form that was designed by the Georgia Department of Transportation. Accident reports were once the province of the Department of Motor Vehicle Services, but according to the DOT:

"House Bill 501, enacted by the General Assembly in the 2005 Legislative Session, approved as of July 1, 2005, disbanded the DMVS and transferred the responsibility for issuing driver's licenses and maintaining driving records to the Department of Driver Services (DDS) and the responsibility of the statewide repository for Georgia Uniform Motor Vehicle Accident Reports (GUMVAR) to GDOT."

The DOT is also the statewide keeper of these documents, meaning that the agency is supposed to have a copy of every official accident report completed anywhere in the state. If you were involved in an automobile accident, then you probably have the contact information drafted by the officer at the scene, who told you when and where to pick up your copy. However, if you did not speak to the officer because of serious injuries from the auto accident, or if you have difficulty obtaining the Georgia accident report, then you can order a copy from an accident that occurred anywhere in the state by submitting to the DOT office in Atlanta the Individual Request for Crash Report. The form is the same regardless of whether you were involved in an accident with a tractor trailer truck, commercial vehicle, bus, recreational vehicle or any similar vehicle. Motorcyle crashes are also covered by these standard reports, while boating accidents are not. Make sure you get the Georgia Accident Report Overlay, so that you can interpret the report.

To get a report, you have to show you have a valid interest in obtaining the report by satisfying one of the following criteria:

• You were involved in the accident;

• Your property was damaged in the accident;

• You were injured in the accident;

• Your minor child was injured in the accident;

• You witnessed the accident;

• You are an attorney for one of the parties involved in the accident;

• Some other valid reason.

To request a copy of the accident report, go to the police station of the officer who was in charge at the scene. Alternatively, you can contact:

GDOT Crash Reporting Unit
Shackleford Building #24
935 East Confederate Ave
Atlanta, GA 30316
Phone: (404) 635-8109
Crash Reporting Fax: (404) 635-8175
FARS Fax: (404) 635-8174

Or call:

Norm Cressman
Phone: (404) 635-8131
Fax: (404) 635-8116

Usually, the insurance report is required for the insurance company to resolve your claim. If you have been seriously injured in the accident, before you contact the insurance company, you should contact an experienced personal injury attorney.

A three-vehicle crash took the lives of four people traveling from Kentucky to Florida, Tallahassee's WCTV reported July 3. According to the station, Jerome Roberts was driving an SUV south on Interstate 75 at around 2 a.m. when his vehicle hit a Honda Accord driven by Douglas Jones of Atlanta. A Penske rental truck behind them was unable to stop in time and rear-ended the SUV, causing it to burst into flames.

A passer-by was able to pull Roberts out of the SUV, but it burst into flames before anyone else could be saved. The resulting fire killed Roberts, 40; his girlfriend, Cheryl Collins, 41; and her daughters, MaRhonda Collins, 20, and August Roberts, 11. All were from Midway, Kentucky; they were traveling to Florida so MaRhonda Collins could audition for American Idol. None of the other four people involved were seriously hurt, although Jones complained of minor injuries.

This story caught my eye because the state police believe "road rage" by Jerome Roberts caused the accident. According to the Georgia State Police, Jones was on the phone with police, reporting road rage by Roberts, when the accident happened. If this is true, Roberts has paid a terrible price for his anger. No agency keeps reliable statistics on accidents caused by road rage, but it is clear to this Georgia auto accident lawyer that aggressive driving is unsafe driving, almost by definition. We all have a legal and ethical responsibility to take care behind the wheel, even when we believe the driver in the next lane is an idiot.

A motorcyle accident claimed the life of a metro Atlanta man a few weeks ago. 49-year-old Terry Hitt of Cumming died Sunday, June 21, 2009 at an Atlanta hospital. He suffered catastrophic personal injuries when his 1985 Honda CB 650 motorcycle, which was travelling northbound on Castleberry Road, collided with a 2007 Suzuki Vitara SUV driven by Marian J. Anwar, 25, of Estates Path in Cumming. Hitt was 49 years old.

The Forsyth County Sheriff's Office reported that Anwar was also northbound on Castleberry in her vehicle and was leading Hitt's motorcycle when she attempted an illegal u-turn at the intersection of Castleberry and Hutchinson roads. Hitt's motorcycle impacted direclty into Anwar's driver side door.

Hitt, Anwar and a passenger in her vehicle were all taken by ambulance to Northside Hospital in Forsyth County. Hitt was later airlifted by helicopter ambulance to Grady Memorial Hospital in Atlanta where he died the next day. Anwar was charged with making an improper left turn and authorities said that additional charges will most likely be forthcoming. Police do not expect that Anwar was driving under the influence of drugs or alcohol at the time of the collision.

When I first heard the tragic facts of this automobile-motorcycle accident, I suspected that Mr. Hitt was a DUI accident victim. It took place on a Saturday night and it appeared that perhaps the offending driver was not in control of all her faculties. However, this now appears to be another tragic case of a driver who just did not see or anticipate a motorcycle. Most motorcycle drivers I have spoken to say they are not worried about not being able to avoid collisions, they are worried about drivers of cars and trucks who just don't see them. Greater awareness of motorcycle riders must be burned into the public's awareness or another tragic wrongful death resulting from a motorcycle fatality like this will happen again.

Motorcyclist killed as car makes illegal u-turn, Atlanta Journal Constitution, June 22, 2009.

Illegal U-turn cited in fatal wreck, ForsythNews.com, June 23, 2009.

Cumming man dies following car-motorcycle accident, AccessNorthGeorgia.com, June 22, 2009.

In a tragic automobile accident, a Lawrenceville mother was killed by a drunk driver on Sunday, June 7, 2009. The woman, Sabrina Stanek, was standing in her yard when she saw a man in a Ford 350 pickup truck zooming up and down the road in her residential neighborhood. Stanek began waving at the man, Constantin Toncz, to slow down when she was struck and killed. Toncz apparently jumped the curb and struck Stanek, and then slammed his truck into her boyfriend's parked truck, pinning Stanek in between. After the violent truck wreck, the drunk driver did not stop to render aid. Instead, he abandoned his truck and walked to a family member's house down the street. Police arrested Toncz there later that night. Toncz has been in trouble with the law before and was out of jail on bond for a felony theft charge when the tragedy occurred. Police reported that Stanek died just after 9 p.m. Toncz was charged with first-degree vehicular homicide, breach of duty to drive, stop, or return to the scene of an accident and driving under the influence of alcohol.

The tragic drunk driving auto accident devastated members of the young mother's family, who claimed she was simply trying to protect her children. Stanek's parents are now attempting to gain custody of their daughter's two children, ages 4 and 6. Mercifully, the children did not witness the accident because they were asleep in the home. Stanek had worked as a manager at a Lawrenceville product distribution company.

In a later development, Gwinnett County District Attorney Jennifer Taylor filed a petition to revoke bond. The District Attorney's office had uncovered new evidence that suggested Toncz had acted intentionally in striking Stanek. It is unknown what additional facts were discovered, but Toncz's bond was revoked.

The notion that this man would intentionally run down a woman and violently kill her in front of her own home in her own neighborhood is disgusting. If true, the man should be charged with first degree murder and be subject to the death penalty. Another tragedy is that the drunk driver's insurance company may use the fact that this man's actions were intentional to deny coverage under his insurance policy. This would mean that this woman's children may be denied any wrongful death settlement as a result. Intentional acts are not covered under any insurance. Will this happen? Potentially, it could. We can only hope that Ms. Stanek's family hires a very good wrongful death attorney who specializes in representing children who have been seriously injured by the reckless actions of another. The attorney needs to act quickly in establishing Mr. Toncz's state of mind. Hopefully, the Stanek family had underinsured and uninsured coverage on their own vehicles.

Court revokes bond for man accused of DUI, Gwinnett Daily Post, July 4, 2009.

Police: Drunk Driver, Hit Killed Woman, MyFoxAtlanta.com, June 10, 2009.

Man accused in fatal hit-run appears in court, The Atlanta Journal Constitution, June 9, 2009.

When a child passenger is injured in an automobile accident or tractor trailer accident, who protects his or her rights? Well, you would assume that the parents or legal guardian would represent the child's interests. They do, but with caveats. Parents must understand the law because how a personal injury case is handled for a Georgia child will affect that child's future in terms of recovery, rehabilitation, care and education.

A child under 18 is not competent to represent himself or herself in a personal injury claim or litigation. Such a child is not sui generis in the eyes of the law. Accordingly, Georgia courts will often "toll" the statute of limitations until such a child is eighteen, the age of adulthood in Georgia. This means that a 5 year old child may have as long as two years after his eighteenth birthday in which to file suit. However, you should never rely on tolling. It is subject to the discretion of the judge. If you are the parent or guardian of a minor child who has been injured, whether in a premises liability matter, a products liability case, a tractor trailer accident or similar incident, then you should bring the claim within the regular 2 year statute of limitations period.

Georgia courts will not allow the child to claim medical expenses for which the child did not pay and for which the child is not legally responsible. Therefore, the parents must join any lawsuit as "Next Friend" of the child in order for the medical expenses to be recouped.

Generally, the parents or guardian communicates with the lawyer and has responsibility for making the settlement or litigation decisions on the child's behalf. However, once a child injury suit is settled or the proceeds from a judgment paid, the money from the settlement must be placed in a conservatorship for the benefit of the child if the proceeds are over $5,000. The conservator is the person, usually the parent or guardian, who looks over the money and must report to the probate court judge at least once per year and every time any non-material amount is to be spent for the benefit of the child.

An alternative to a conservatorship is a "structured settlement". In a structured settlement the money is paid not to the child but to a special account for the benefit of the child under the Georgia Transfer to Minors Act. The account is set up with a broker or financial advisor and the parent acts as "Custodian", directing the financial advisor. When the child reaches age 18, the money is relinquished to the child. Many of these accounts also may qualify for 529 treatment, meaning that the earnings during years between deposit and the age of majority are tax deferred. A structured settlement is much easier, cheaper and less laborious than a conservatorship and should be the preferred method of funding a settlement for a minor.

If a child is killed from the negligence of another in Georgia, then the family will need to act in accordance with the wrongful death laws of Georgia and should speak to a wrongful death attoney as soon as practicable. If the child had no will, then an Administration will have to be established for the child. The parents are the likely beneficiaries of any proceeds from the estate of the child and any wrongful death settlement.

Georgia's biggest and most popular lakes for recreation, swimming and boating are: Lake Lanier, Lake Allatoona, Carter's Lake, Clark's Hill (Thurmond), Lake Seminole, Lake Hartwell, Lake Blackshear, Richard B. Russell Lake, Walter F. George Lake, and West Point Lake. As the Fourth of July holiday arrives here in Georgia, it is important to remember that recreation in Georgia lakes can turn deadly or cause catastrophic injuries if people are not careful and rules are not followed. Swimmers, boaters and personal watercraft riders should be aware of the dangers before venturing out on the water.

The Department of Natural Resources for the State of Georgia is the agency responsible for law enforcement on Georgia waterways. These officers will be out in force this summer because 2009 has been a very bad year for boating fatalities and drowings. Through June 21st, 5 victims have died in boating accidents and 21 people have drowned statewide. During the entire year of 2008, 10 died in boating accidents and 62 drowned statewide.

Officers will be checking first for lifejackets. Georgia law requires a life jacket or other personal floatation device for operators or riders aboard a moving boat or personal watercraft at all times. Also, people being towed by boats whether on skis or tubes, must also wear floatation devices.

Secondly, officers will be making sure that boat operators are not impaired. In 2008, Georgia Department of Natural Resources Officers made 215 Boating Under the Influence arrests in Georgia and investigated 18 alcohol-related boating accidents. On average, more than 20% of boating fatalities are the result of an impaired boat driver.

While it is not illegal to have alcohol in the craft, it is illegal to operate the boat under the influence of alcohol or illegal drugs. The blood alcohol content limit is .10 in Georgia. If you are under 21, the limit is .02. People convicted of Boating Under the Influence are subject to penalties up to a $1,000 fine and one year in jail. These sentence guidelines are identical to those for DUI in an automobile.

Boating Under the Influence is more dangerous, in my opinion, than Driving under the Influence is in an automobile because of the lack of impact safety devices like seatbelts and airbags in boats. Boats are just not set up for crash impacts. Besides death and drowning, brain injures and spine injuries are the most common result of boating accidents, as passengers seldom wear helmets and the speeds in boats at the times of impact are comparable to those in cars. Tragically, disfiguring burn injuries are also very common.

Appreciate the dangers of boating accidents. Have a great 4th, but be safe.

Swimmers, boaters urged to be safe in Georgia waters for July 4th holiday weekend, The Florida Times Union, June 28, 2009.

In what police are describing as a "freak" tractor trailer accident, a 29-year veteran of the Atlanta Fire Department was injured when a tire apparently flew off a passing tractor trailer and struck the firefighter, causing serious injury.

The firefighter was putting out brush fire along Interstate 285 near Langford Parkway in Atlanta when he was struck by a piece of the blown out tire, causing a brain injury and a lower spinal cord injury near his pelvis. The firefighter, Willie Surrey, 56, also suffered broken bones, cuts and bruises.

The firefighter was in critical condition, but he has since stabilized and is expected to recover. No charges were filed against the truck driver, but the Georgia State Patrol is investigating the accident.

This incident illustrates the dangers inherent in the operation of tractor trailers on the roadways. The momentum and force that are generated by these trucks travelling at great speed is enough to cause anything ejecting off the vehicles to be a lethal projectile.

When one is injured by a projectile ejected from a tractor trailer while driving, it is very likely that the driver of the rig will not stop because he does not even know he caused an accident or injury. In that circumstance, the injured party may not have any recourse against the tractor trailer driver, his employer or the insurance company. This makes it even more critical that you purchase the maximum allowable uninsured and underinsured coverage available. If you cannot identify the tortfeasing tractor trailer, your own insurance is your only hope.

Freak Accident Injures AFR Firefighter, June 13, 2009, MyFoxAtlanta.com

Firefighter Hit by Blown Tire Recovering, June 13, 2009, WSB News

Posted In: Automobile Accidents, Catastrophic Personal Injury, Tractor Trailer Accidents

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