Atlanta Injury Attorneys Blog

As an Atlanta catastrophic injury and wrongful death lawyer, I have helped many families dealing with the tragic wrongful death of a child. There is no way to discuss this subject without an inherent level of pain and discomfort, because it is unnatural to outlive one's child.

In a local story that has made national headlines, a Cobb County mom was recently convicted under Georgia law of vehicular homicide in the second degree for the death of her child, but the legal proceedings surrounding the accident continue.

As most Atlanta residents are aware, grieving mom Raquel Nelson has to live with her decision to walk across a street outside a crosswalk for the rest of her life. Her four-year-old son was struck and later died from injuries sustained by a hit-and-run driver. But should Ms. Nelson be held responsible for the death of her son? It appears that she does not believe so.

After the Atlanta area mom was convicted of the Georgia crime of homicide by vehicle in the second degree - based on the fact that she had not used a crosswalk and "acted recklessly" -- she has said in interviews on national television that her grief began all over again.

One of the reasons for this was that she could have ended up serving a longer prison sentence than the hit-and-run driver who hit her son and killed him. This possibility made national news and was upsetting to many.

But Judge Katherine Tanksley heard the public outcry and only sentenced her to 40 hours of community service and 12 months of probation. The judge suspended the fines associated with these crimes. Her sentencing was not the maximum 36 months she could have received.

But she said no thank you and that is her right. Instead, she has decided that she would like to defend herself in a new trial. Perhaps because she believes her decision to walk across a street from a bus stop, rather than in a crosswalk, does not make her legally responsible for the death of her child. A tragedy she has been grieving since the accident occurred.

Ms. Nelson was prosecuted under, among other laws, a provision of Title 40 of the Georgia Code, Motor Vehicles & Traffic, which provides for homicide by vehicle in the second degree. Having been found guilty of violating this provision and others, she would have a criminal record. But, if she is acquitted in the new trial, she will have no record.

Prior to sentencing, she had expressed concern that there were no single moms on her jury and that any single mom would understand a quick decision to walk outside a cross-walk to get home. Jury selection is very important in every case, and perhaps the make-up of another jury will improve her chances of acquittal.

Ms. Nelson had testified during trial that the bus left her and her three children off across the four-lane Austell Road and that this was closer to her apartment than the crosswalk that was 0.3 miles distance. She did not want to walk with her children in the dark and was trying to get home quickly, so she did what many of us might do, she took the fastest way home and walked across the road with her children.

Some community members agree that Georgia's vehicular homicide laws need to be amended to apply to those only driving vehicles and that bus stops should be placed closer to crosswalks. It remains to be seen what happens during the retrial, but whatever the outcome Ms. Nelson appears determined to fight the charges.

As a Gwinnett County personal injury lawyer, with a practice that covers the Atlanta area and the state, I have represented many families in need of help through the legal system. If you have been injured in an accident, please do not hesitate to contact me for a free personal consultation about your situation at one of my local offices.

In my work as a Gwinnett County injury lawyer, representing victims and families that are dealing with catastrophic injury, I am aware of the profound and life-changing impact that paraplegia or quadraplegia can cause. Last Friday's tragic shootings in Atlanta have brought both shock and sorrow to our community. The shootings resulted in the death of one innocent victim and injuries to two other women. And for one of those victims, it has brought a potentially life-changing injury that may paralyze her.

The Atlanta Journal-Constitution reports that one of the victims of the shooting may be paralyzed from the waist down. One woman died and another was injured in the shooting incident that occurred in Midtown Atlanta last week.

The alleged shooter turned himself in and is now in the Fulton County jail. He is charged with one count of murder and several counts of aggravated assault. Georgia law has only one degree for the crime of murder, rather than lesser degrees as is the case in other states, and is found when a person intends to kill, acts with depraved disregard to human life or kills while committing a felony.

The woman who may be paralyzed is a recent graduate of UGA and is from Lithia Springs. Sadly, her injuries and recovery have become the focus for many throughout Atlanta and Georgia who are praying for her and her family.

She was assessed as having a spinal cord injury at the T-10 level, which refers to the thoracic vertebrae. The area that was identified in this victim's case is that which controls, among many other things, upper-body movement. Atlanta's Shepard Center specialists have assessed the woman's injuries and have noted that the result of an injury to that area of the spine can result in paraplegia or paralysis of the lower legs and lower body.

As is reported in the AJC, the Shepard Center will also be involved in her rehabilitation. The team will likely include various specialized support that includes not only a physician and nurse, but many types of therapies including physical and occupational rehabilitation.

In addition to a trauma such as this tragic shooting, paralysis can result from other traumas such as car accidents and diving accidents. Regardless of how these injuries are caused, the injured person and the family must cope with the adjustment to a new life.

In my work as an Atlanta catastrophic injury lawyer, I have experienced that these events and often the claims that result, are life changing, complex and difficult both legally and emotionally. Not only is the victim dealing with pain and suffering, but there are very pragmatic aspects to these cases. Spinal cord injury victims must protect themselves financially due to the fact that they may not be able to work in their chosen profession. In addition, they will likely have additional medical expenses throughout their lives.

Georgians are fortunate to have fine medical expertise in spinal cord injury and rehabilitation. The rehabilitiation of these injuries can take months, and even years. It involves many aspects of the victims life. But we have learned over many years, that even with these injuries, people have the ability to adjust and adapt. The technologies that have developed in recent years have improved the quality of life for injured victims. But there is no doubt that the pain and suffering after an injury that is catastrophic, is very difficult to deal with both physically and emotionally.

It is important in circumstances involving an auto or other accidents in which spinal cord injuries have resulted to find a dedicated legal team. As an Atlanta spinal cord injury lawyer, I have helped victims and their families deal with the legal and medical aspects of these complex cases. If you have been injured due to the fault of another, please contact our offices for a free consultation.

Recently, the Supreme Court of Georgia issued an interesting decision in the area of Georgia wrongful death and negligence law. In my practice as a Gwinnett accident and injury lawyer, I have litigated many cases involving the laws and court opinions related to both wrongful death and negligence.

In Rasnick v. Krishna Hospitality, the Georgia high court considered the decision of the Georgia Court of Appeals which had concluded that a hotel owner did not have a duty to comply with a wife's request to check on her husband whom she suspected was having a medical emergency.

The tragic facts of this case involved a 77-year-old Texas man who was traveling on business in Georgia. While a guest at a motel in Georgia, the man was discovered collapsed on the floor of his room by a housekeeper. The motel contacted 911 and he was taken to the hospital where he died later. The autopsy found his heart was enlarged and that he had untreated coronary artery disease.

The deceased man's wife sued the motel for the wrongful death of her husband. Georgia law permits surviving family members to sue those responsible for the death of their loved one. In this case, the wife alleged that the motel's failure to respond to her numerous requests by telephone the prior evening asking motel personnel to check in on her husband whom she suspected was having a medical issue, contributed to his death.

Although it is possible the man could have been saved had he had medical attention, the Georgia Court of Appeals had found that as a matter of law, the motel did not have a duty to render aid to the motel guest. The Supreme Court of Georgia agreed.

Although this result might sound harsh, it is important to remember that under Georgia law, negligence requires that certain elements be satisfied including the existence of a duty on the part of the defendant, a breach of that duty, causation of the alleged injury, and damages resulting from the alleged breach of the duty. In this case, the motel was found by the court not to have the legal duty to the complaining party (in this case the deceased's wife) to protect the guest (her husband) from the medical emergency he is assumed to have experienced in his motel room.

In the words of the Supreme Court: "In order to proceed on a tort claim based upon a failure to render aid, the plaintiff, as a threshold matter, must demonstrate that the defendant had a legal duty to render aid; even the actor's realization that some action on his or her part is necessary for another's aid or protection does not, in and of itself impose upon the actor the duty to undertake such action."

The court explained that under Georgia law, innkeepers do have a duty to exercise ordinary care to provide guests with premises that are reasonably safe for the guests' use and occupancy. But the court also found there was no legal duty in this case for the motel personnel to check on and rescue a guest who likely was having a medical emergency in his room.

In deciding this case the court noted that "[w]hile issues of morality and humanity are certainly raised by the circumstances of this case, a moral or humane obligation does not compel the existence of a legal duty, the breach of which portends liability."

Hotel and motel owners do have duties towards their guests just as apartment owners have duties towards their tenants, to keep their property safe and secure. For example, if you suffer an injury in your apartment building, the owner can be held liable for failure to keep the premises safe. As noted by the Supreme Court, we might agree that as a humane gesture, the motel personnel should have checked in on the man when his wife voiced her concerns, but there was no legal duty for them to do so.

When legal questions arise after an accident or injury, it is important to consult with an experienced Gwinnett County injury lawyer. If you have been injured in an accident, or have a family member who has tragically passed away due to the negligence of another, please contact me for a free consultation regarding your legal matter. With offices throughout the Atlanta area, we are conveniently located to handle your legal matters.

It seems that tragedy has a way of reminding us about safety. A Georgia man died over the weekend in a boating accident while he and his family were kayaking in out of state. In my work as a Georgia boating accident injury lawyer, I have found that sadly -- tragedy does teach.

Over the Fourth of July, many families headed out for a weekend of fun and relaxation. On Eagle Mountain Lake in Texas fun turned to tragedy, as a motorboat hit three kayaks while they floated near a dock.

According to law enforcement, two of the kayaks did not have the lighting required for boaters to see them. A Roswell man was killed and other kayakers were injured in the accident. The motorboat driver tried to help at the scene.

When boating within Georgia and outside the state, it is important to check the laws and regulations regarding boating in that area.

The Georgia Department of Natural Resources is the entity responsible for boating safety. According to several sources, DNR Law Enforcement was patrolling over the past weekend to ensure that boaters comply with Georgia boating laws. This is one of the primary functions of DNR Law Enforcement -- to ensure that boaters are following applicable laws and regulations. In the tragic kayaking death in Texas, lights may have been needed on one or more of the kayaks and were required by law in that state for kayaking after dark.

Georgia authorities say that a common legal violation is the failure to use a life vest, which is required for children under the age of 10. Another area of major concern for law enforcement is boating under the influence of alcohol. Boaters must be educated about the fact that they must not drive a boat and drink.

One DNR captain discussed boating laws noted in an article on Fox31Online, that " '[w]e have a zero tolerance policy when it comes to operating a vessel under the influence, and we are going to enforce it. As long as everyone comes out here, brings a little bit of good common sense with them, gets a designated driver, they won't have any problems with us.' " He also noted that many boaters do not know the laws and regulations with which they must comply and do not have the right equipment when they come out on the water.

Please take the time to review the Georgia's boating laws and regulations to make sure your boating is safe and sound.

If you, or someone you know, has been injured in a boating accident please contact Atlanta injury lawyer Charles Scholle for more information on your legal rights. Your legal consultation is free of charge.

It is important that you get assistance as soon as possible so that you can preserve your legal rights. As an experienced Georgia accident lawyer practicing in the Atlanta region and throughout Georgia, I am available to evaluate at no charge any potential legal claims.