Atlanta Injury Attorneys Blog

Georgians are known to enjoy our waterways, and we are proud of our area's beautiful natural resources. That is why when a boating accident or fatality occurs, we are all impacted. In my experience as a Gwinnett County boating accident lawyer, I know the impact on families when such a tragedy occurs and was saddened to learn of the recent boating accident death of a Buford teen.

The incident occurred over the past weekend on Lake Lanier. We do not have many facts, but as reported by the Atlanta Journal-Constitution, the incident is now being investigated and it is possible that charges will be filed for the tragedy.

What we do know is that the young teen disappeared during a boating accident that took place on the lake at or near the Toto Park area and Highway 136. The accident took place on Saturday evening at around 7 p.m. and as we know with auto accidents as dusk approaches, light and visibility can be a factor. We do not know whether it was in this incident which will take weeks to determine.

Apparently, two boats collided in the accident and there were a total of 15 passengers on the boats at the time of the accident. Two other passengers were injured and taken to nearby hospitals. It is presumed that the teen boy was also killed in the incident as his body was located the next day by divers who were working on behalf of Hall County. And as is noted in the AJC piece quoting a DNR spokeswoman. " 'The incident is under investigation and anything regarding charges is likely weeks away as our critical incident response team re-creates the incident and analyzes data, conducts interviews, etc.' "

The Wildlife Resources Division of Georgia's Department of Natural Resources encourages boating safety by offering courses on how to operate a boat and the accepted rules of the waterways. The Designated Skipper Program encourages boaters to designate a skipper who is not drinking. It is important that all boaters know the rules of the waterways and Georgia's regulations on who is eligible to operate a boat and what education is required in certain age groups.

The pamphlet includes such vital information as: registration requirements and information, fees involved in registering a boat, the proper display of vessel numbers, our legal operating ages, the required equipment for boats, what constitutes unlawful operation of a boat, what constitutes boating under the influence of alcohol or other substances, how to report a boating accident, who is responsible for enforcing the regulations, environmental restrictions, as well as the relevant laws for personal watercraft and proper towing of water skiers.

In addition, it is very important for boaters to review the Georgia laws relating to operation of personal watercraft. For example, among other areas of the law, Georgia has specific rules with regard to the unlawful and dangerous operation of a personal watercraft. Boats must maintain a proper operating distance and must operate within the rules when encountering other boats. To reference these rules and regulations, please visit the Wildlife Resources Division website which provides a great deal of important information for all boaters.

If you, or someone you know, has been injured or killed in a boating accident please contact Atlanta injury lawyer Charles Scholle for more information on your legal rights. Our legal consultation is free of charge and will provide valuable and important information. It is also important that you get assistance as soon as possible so that you can preserve any legal rights you may have.

As an experienced Georgia accident lawyer I have offices throughout the Atlanta region and also litigate personal injury and wrongful death cases throughout Georgia and the Southeastern area.

Last week, two Atlanta area motorcycle crashes remind us of the importance of safety when riding a motor bike. In my experience as a Gwinnett County motorcycle accident lawyer, I have counseled and represented bike enthusiasts who have been injured while riding, as well as the families of those who have been seriously injured or tragically died while riding their bikes.

I am always saddened to learn of motorcycle crashes, because I know how much bike riders enjoy their experience. I also know that by virtue of the exposure one has while on a bike with other larger vehicles on the road, safety is key.

In the first incident last week, a motorcyclist slammed into a MARTA bus that was stopped in Buckhead in the 3800 block of Roswell Road. The motorcycle driver ended up pinned under the bus.

According to the Atlanta-Journal Constitution, Atlanta police intended to charge him with two Georgia misdemeanors, one following too closely Georgia Motor Vehicles and Traffic Code section 40-6-49 and the other driving without a license in violation of Georgia Motor Vehicles and Traffic Code section 40-5-20.

Given that the motorcyclist ended up under the bus in this crash, he is truly fortunate to be alive. It is difficult to think about what might have happened if the bus had moved at all once he was trapped under it. The bus passengers were not harmed in the accident.

Driving defensively while on a motorcycle is just as important as when driving a car or any other motor vehicle. That includes riding with sufficient distance in front of you so that you can stop safely when there is a road hazard or vehicle stopped in front of you. Many drivers do not realize that in addition to being unsafe, driving too closely is a form of aggressive driving that can be cited by Georgia authorities as occurred in the MARTA bus incident last week.

In another bike crash last week, a motorcyclist was tragically killed on I-75 in Clayton County while riding southbound near Jonesboro Road. In this incident, the Atlanta-Journal Constitution stated that (similarly with the MARTA bus accident the prior day), the Georgia Department of Transportation reported that cyclist ended up pinned under another vehicle. We do not know at this point, whether the motorcyclist was wearing a helmet at the time to the fatal crash.

The National Highway Traffic and Safety Administration (NHTSA) maintains accident statistics on motorcycle and other vehicle crashes. According to the NHTSA in 2008, 5,290 motorcyclists were killed and 96,000 motorcyclists were injured during that year. In 2009 there was a six percent drop in the number of motorcyclist fatalities which was noted at 4,462 motorcyclists. In addition, the NHTSA published an estimate in 2008 that helmets saved 1,829 motorcyclists' lives and also stated that "823 more could have been saved if all motorcyclists had worn helmets."

Charles Scholle is a Gwinnett County motorcycle injury and accident lawyer, available for a free consultation to evaluate your motorcycle accident matter. Please contact our law firm at any time, we are laser focused on helping clients recover from catastrophic injuries due to motorcycle, car and truck accidents. We have offices in several locations around the Atlanta area, including Buckhead, Decatur and the Perimeter.

Last month, the Georgia Supreme Court issued an opinion of interest to all Georgians who want safer highways. In my work as a Gwinnett County personal injury lawyer and having represented many injured victims of Georgia drunk drivers, the opinion in Flores v. Exprezit! Stores 98-Georgia, LLC, resolves an important Georgia legal issue.

In the Flores case, a noticeably drunk customer was sold alcoholic beverages, specifically a 12 pack of beer, at a convenience store. After the customer purchased the beer, he got back in his car and back on the road.

Several hours later he crossed the centerline of a highway and struck a van that was in the oncoming lane. Six people died in this accident and others were injured. The blood alcohol level of the drunk driver was twice the legal limit.

The injured passengers filed a lawsuit under what is referred to informally as "the dram shop act." Many states have laws like Georgia's law that traditionally impose liability on anyone who provides or sells alcohol to someone who is already intoxicated, when the intoxicated person does something that causes injuries to another person.

In this case, the convenience store owners and operators were named as defendants in the case. After both the trial court and the Court of Appeals determined that that the dram shop act was not applicable when alcohol is sold for consumption off premises, the Georgia Supreme Court decided to review the case and it reversed the lower courts.

The court found that Georgia's dram shop act does apply to situations in which a visibly drunk customer is sold alcohol even when that alcohol will not be consumed on the premises of the store. That is because the court said that it is reasonably foreseeable to assume that the already intoxicated customer will in fact drink, and then drive.

A plaintiff bringing a lawsuit against a store, must prove that a particular customer is noticeably drunk. That will likely be difficult in some cases, but it is a warning to convenience stores that they must be careful about their sale to anyone that might be drunk already.

The Supreme Court said that it disagreed with the lower courts' interpretation of the statute saying it would mean that a convenience store would not be "held liable for selling closed or packaged alcoholic beverages to a noticeably intoxicated adult under any set of circumstances."

Courts are tasked with construing statutes, and when they do they must try to determine the purpose and intent of the legislature and then try to construe the law to implement that intent. In this case, the court said that the statute was plain and susceptible of one natural and reasonable construction and due to that it did not have the authority to alter its construction.

For many years, I have been involved in trying to stop the tragedy of drinking and driving. As a supporter of Georgia's Mothers Against Drunk Drivers, I hope for the elimination of this deadly activity. As an Atlanta, Georgia dram shop attorney, I know that when victims are injured or are killed due to a drunk driver, it is important that they recover from their injuries and in that way, I hope to help families heal from these tragedies.

If you have been injured in an accident caused by a drunk driver, please contact The Law Offices of P. Charles Scholle, for a free consultation. With offices in Duluth and throughout the Atlanta area, we are able to support victims in pursuing their legal rights and recover from their injuries.

As a Gwinnett County Georgia personal injury lawyer with many years of trial experience representing families and individuals that have been the victims of serious injury, I was particularly saddened by a Carroll County teen's death in a school bus crash last fall.

And now, the parents of the deceased teen have filed a lawsuit due to the tragic and deadly crash, after the Georgia State Patrol's report on the accident revealed a problem with the driver, a trainee.

The Atlanta Constitution-Journal reports that the legal action names as defendants the driver, the school system, its former superintendant and the school transportation coordinator. The driver has had problems in the past with his driving and in this accident was recently sentenced at the Carroll County court to probation and received a fine.

Apparently, the driver had consumed cough medicine and was less alert due to the medication. This medication allegedly impacted his ability to drive properly at the time he drove the bus over a culvert. The bus flipped over after this and the victim was thrown from the bus and crushed by it. Other students were injured.

Buses are particularly known to be dangerous vehicles for passengers in a serious accident. Federal authorities have been aware of this issue for decades and is trying to implement recommendations that were made many years ago to improve bus safety. The lack of seat belts and windows that open are often blamed when passengers are thrown from a bus in an accident. Sadly, in this accident the victim was thrown out of the bus.

There are likely several theories of recovery pled in the parents complaint. Although I have not yet reviewed the complaint filed by the student's parents, Georgia wrongful death laws provide for situations such as this that occur when a person dies in an accident and someone else is at fault.

The legal action for wrongful death is brought by the relatives of the victim who are permitted to seek damages for such things as the physical pain the victim had to suffer prior to death, the expected income the victim would have earned during his or her lifetime had the accident not occurred, and the emotional suffering the family has endured, among other damages.

Another area of damages that can be sought in a wrongful death action are called punitive damages. These are intended to punish the defendants if they are shown to have engaged in such things as reckless or intentionally negligent conduct.

We will keep our readers informed as this case progresses.

About Charles Scholle, Personal Injury Lawyer

Charles Scholle is a Gwinnett County wrongful death and accident lawyer, serving the surrounding area, including Dekalb, Duluth, Buford and all other cities and counties. He provides free consultations to evaluate your legal issues and situation.

Please contact our law firm at any time, we focus entirely on helping clients recover from personal injuries and represent families when a tragedy, such as a fatality, occurs.