Atlanta Injury Attorneys Blog

We all should know that pedestrians and interstates don't mix. In a tragic series of events that was reported by the Atlanta-Journal Constitution this week, we have learned that indeed this can lead to the worst possible tragedy. In my law practice as a Gwinnett County truck accident lawyer, I have represented many clients that have faced terrible events and circumstances. It is never easy to make sense of something that seems so senseless and avoidable.

This tragedy unfolded Thanksgiving week as parents in North Carolina became alarmed after their son, at student in Austin, Texas, went missing before the Thanksgiving holiday. The young man's father received a call from his son who was traveling home for Thanksgiving. When he called his dad to say he had run out of gasoline -- his father wisely suggested that he contact AAA. But he also asked his son to call him back, but never heard from him again.

What happened after this is something that the Gwinnett County authorities are trying to piece together. A witness reported to 911 he had seen a man running across I-985 and that he had nearly hit the man. Although after this 911 call the police looked for the pedestrian, they could not find him on either side of the road.

At some point while the victim walked on I-85, the 26-year old student was killed by a tractor-trailer in Gwinnett County. This occurred nearly 24 hours after the call to his father. The police have no idea what happened in the intervening hours. They do know that a tractor-trailer hit the man in the early morning hours as he walked inside a lane. The truck driver was not under the influence and is not being charged in this tragedy.

He was not carrying identification as he walked the road. It is not known whether he left his car with his id. Sadly, the only way he could be identified was by the tattoos on his body, which were published by the police in an effort to identify the deceased. A family friend saw these photos and sent them to the family. They immediately knew this was their missing son.

His car was eventually located on the side of the road along I-985. The young man had been studying at AOMA Graduate School of Integrated Medicine. The family is still left with questions about what happened to their son.

What is the lesson in this tragedy? It is difficult to know what this young man faced as he had no gas and was in an area he did not know. But perhaps his situation can help others to prepare for a long trip to avoid tragedy.

If you are driving a long distance, bring an extra cell phone battery. Make sure that you stop for gas well before you are in a crisis ... this might mean stopping when you gas tank is still a quarter full, but at least you might avoid trying to find gas in an unfamiliar place late at night. Make sure that you have a copy of your roadside assistance information with you and a copy of that in your vehicle. Never walk on an Interstate highway. Call 911 and tell them where you are if you are in a mechanical or fuel emergency.

If you have any questions about an accident or injury that was caused by a tractor-trailer or other commercial vehicle, please contact me at the Law Offices of P. Charles Scholle, PC for a free consultation. There is absolutely no fee for this evaluation. I handle motor vehicle and truck injury cases throughout the Atlanta region and in all surrounding cities and counties, including Duluth, Fulton County, Grayson, Gwinnett County and more.

This past week a major crash occurred in DeKalb County, pointing again to the dangers on Atlanta area roads. The tragic accident which occurred on I-285 involved a hit and run tractor-trailer. As an Atlanta area truck injury lawyer, I believe that hit and run accidents are unfortunately becoming more and more common.

The facts of the crash are still being reviewed by authorities, but one thing is tragically known. Two men were killed in the wreck, one a resident of Stone Mountain and the other of Covington.

We have often heard of chain-reaction truck and auto crashes, but usually the vehicles are disabled to the point where most of them remain in the vicinity. But the crash this past week was different. Apparently, the crash occurred in the early morning hours last Tuesday and shut down traffic during the commute.

It is believed that the chain-reaction was likely started by a tractor-trailer that first hit a car which then collided with another car. The truck kept driving and the driver has not been located, but will likely be charged once he is located. Minimally, the charges would include hit and run, a violation of Georgia law.

After the initial collision, both drivers exited their vehicles at the scene. But were then hit by a vehicle that came upon the scene after the initial collisions occurred. And that vehicle killed both of them.

The driver of the last vehicle was taken to the hospital for treatment and will not be charged with any crime. But that is not the case with the tractor-trailer driver who drove away after hitting the first car.

The applicable Georgia law O.C.G.A. § 40-6-270 (a) provides that the driver of any vehicle that is involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident..."

In addition, subsection (b) provides that: "If such accident is the proximate cause of death or a serious injury, any person knowingly failing to stop and comply with the requirements of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years."

What this means is, the driver of the truck that began the chain reaction would be the "proximate cause" of the death of the two men and the driver could be charged with a felony for his or her failure to remain on the scene of the accident.

In this accident, we cannot know what would have happened had the truck stayed at the scene of the initial collision. Perhaps the fourth driver who tragically hit the two men that had collided after the truck left, would not have hit the men had the truck still been on the scene of the accident. Maybe the wreck would have been more visible from a greater distance with the truck still there. It might have saved the lives of these two men.

My law practice specializes in cases involving serious injury and accidents. Truck accidents can be particularly devastating and requires expertise and experience in building a legal case. Please contact my Gwinnett County and Atlanta area law offices if you have been injured in a truck accident in the Atlanta, Georgia area. I provide consultations at no charge for those who would like to know their legal rights in commercial vehicle accidents and injury matters.

I have been a financial supporter of Georgia Mothers Against Drunk Driving for many years, also serving as a member of the MADD executive committee. I have represented the victims of drunk drivers in my Gwinnett County catastrophic injury law practice. Every day in Georgia, drunk drivers cause injury and death. They should not be in a car. They should not be driving. And they should not have children with them.

Earlier this week, a woman who police said is a Cobb County resident, was arrested for driving under the influence of both alcohol and pain medication. She also had the drug Ecstasy in her car. In addition to the medications she had in the car, she also had two small children, ages 3 and 7, riding as passengers. The nature of her relationship with them was not reported.

According the Atlanta-Journal Constitution, the woman was driving her SUV, a Toyota 4Runner with her passengers on Cobb Parkway when Acworth police officers observed her weaving. She was not able to stay in her lane and crossed over it several times. She was pulled over due to this.

The police arrested and charged her with several criminal counts. These include DUI, two counts of DUI child endangerment, an open container (she had an open bottle of Mike's Hard Lemonade in the car), a failure to maintain her lane and possession of illegal drugs.

Apparently, on the stop with police, she admitted to having had a drink within the hour prior to the stop. She also told the police that she had taken prescription pain medication.

The National Highway Safety Administration has noted that many states have statutes that provide for an enhanced DUI when a person is driving drunk with children in the car. Cobb County officials have charged her with child endangerment, which is considered to be the appropriate charge to address the inherent dangers of impaired driving when there are children in the vehicle.

Earlier this year, Jan Withers, National President of MADD, wrote a post entitled "Drunk Driving Can Be a Form of Child Endangerment" in which she recounts many tragic examples of children who were the victims of a drunk driver. In each case, the children were innocent passengers in a car driven by a drunk driver.

Ms. Withers advocates for the universal understanding across the country that the child endangerment laws should come into play in cases in which children are passengers with a drunk driver. So do I.

Drunk drivers cause injury and death on Georgia's roads. 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.

Earlier this week, I read with sorrow about another American teen driver who was literally in the middle of a writing a text when her car went off the road and hit a tree. Officials are not releasing the contents of the text, but they know one thing for sure -- she has lost her life due to distracted driving. Today, her school will have a moment of silence for her. Was it worth her life for one more text?

It is an unthinkable tragedy that this teen's family must now grieve her premature death. In my work as an Atlanta personal injury lawyer I spend a great deal of my time with families dealing with injury and sadly, death.

The statistics are stunning as teen drivers have a much greater likelihood of injury or death in driving. Traffic accidents lead as the cause of death for teenagers in our country and in Georgia. Teens are three times more likely to be involved in a fatal car crash than the rest of the driving population.

How can we ensure that teens are safer drivers? In Georgia, we are making a good effort to protect teen drivers and others on the road with the passage of Joshua's Law. Several years ago, the 2005 Georgia General Assembly passed Georgia Senate Bill 226. This legislation, known as Joshua's Law, requires teens to get educated in order to receive a Class D license to drive at the age of 16. If they do not take the educational requirements, teens must wait until they are 17 years of age to be licensed.

There are four ways to comply with Joshua's Law. These include: Method I requiring 30 hours of classroom instruction at a Department of Driver Services (DDS) and 6 hours of driving time with an approved school, along with 40 hours of driving with a parent; Method 2 requires the same amount of classroom time as Method 1, along with completion of the Parent Teen Driving Guide ; Method 3 provides for an on-line course with a DDS approved and 6 hours of driving at an approved DDS school, along with 40 hours of parent supervised driving; and Method 4 allows for an on-line course with a DDS approved school, along with completion of the Parent Teen driving guide.

Although a learner's permit is not required for the on-line or classroom course, teens need a learner's permit for one year and one day in order to receive a Class D license. A learner's permit is also required for teens to get behind the wheel for their supervised driving hours.

The Georgia Driver Education Commission (GDEC) was established with the passage of Joshua's Law. It monitors the programs involved with teen driving education and tracks the accomplishments of the program.

The GDEC says that national research indicates that several factors make teens more vulnerable to injury or death when driving. Some of these include failing to wear seat belts, speed, drinking, distracted driving, having teen passengers in the vehicle, driving at night and other factors. Although progress has been made, more work need to be done to protect teens and others on the road.

For more information on teen driving programs, click here to visit Georgia's Driver Education site, License to Drive.