Atlanta Injury Attorneys Blog

We have posted in the past on the dangers of distracted driving in all vehicles and with all drivers -- from negligent truck drivers to teens to the elderly. Incidents of distracted driving have come to the attention of Georgians in the past few years and our legislature has banned texting while driving. I have learned a great deal about this problem in my Atlanta accident and injury law practice, as clients contact me after having been in an accident, some involving distracted driving.

Before going into what the feds are proposing, a reminder to all that Georgia bans texting while driving, but allows the use of cell phones whether hand-held or not. The Official Code of Georgia Annotated (O.C.G.A.) § 40-6-241.2 prohibits drivers from operating a motor vehicle on any public road or highway "while using a wireless telecommunications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data."

Recently, the U.S. Transportation Secretary announced something very unusual. The "first-ever federally proposed guidelines to encourage automobile manufacturers to limit the distraction risk for in-vehicle electronic devices." The idea is to ask vehicle manufacturers to pay attention to the devices they are installing in cars that might distract drivers.

When manufacturers install such gadgets as entertainment systems, communications devices and navigation tools, the federal agency wants them to be thinking about electronic device that require visual or manual operation by drivers. The guidelines are targeted to light vehicles, including cars, SUVs, pickup trucks, minivans, and other vehicles that are less than 10,000 pounds gross vehicle weight.

The guidelines are just the first in what will be a series of documents the agency will publish to deal with the sources of distraction -- those devices that take our eyes away from the primary task of driving. The Phase I proposed guidelines for manufacturers to ensure that they take into account the potential for distraction with the systems and devices they develop for their new cars. The guidelines seek to limit the time it takes for a driver to take his or her eyes away from the road in order to manage systems or devices.

The NHTSA Administrator David Strickland notes that "[t]he guidelines we're proposing would offer real-world guidance to automakers to help them develop electronic devices that provide features consumers want--without disrupting a driver's attention or sacrificing safety."

The new guideline recommendations focus on some important factors for car-makers. For example, the recommendations seek to reduce the complexity that the device requires. They also want manufacturers to make sure devices and systems allow for one hand on the wheel, limit to only two seconds the length of time a device would take to operate so that the driver's eyes can stay on the road, and limit such things as visual information in the driver's vision field and keep down the number of manual inputs required to operate any device. Under these guidelines, some devices would be disabled while driving such as visual-manual text messaging, browsing and some navigation tasks.

The NHTSA will be holding public hearings on the recommendations. There are some further guidelines under consideration for aftermarket devices or those that the driver brings into the car. And a third phase would deal with voice activated devices.

The Law Offices of P. Charles Scholle represents clients in Metro Atlanta and throughout Georgia in cases involving motor vehicle accidents. Our Gwinnett County law practice helps Georgians negotiate with insurers for a fair settlement -- and, if necessary, enforce their rights in court. If you or a loved one has been seriously hurt in a motor vehicle accident, the Law Offices of P. Charles Scholle can help. To set up a free, confidential evaluation of your case, please contact us or call us toll-free at 1-866-972-5287.

The Atlanta-Journal Constitution reported last month on the tragic ending to an amazing life. I want to honor the life of Daryl Parker, a Riverdale resident, who was a devoted fan of his favorite football team and a person who met the many challenges life presented him. These are challenges I have helped my clients through in my practice as a catastrophic injury attorney.

The story of this man's life should be memorialized by all of us and should be a reminder to appreciate what we have in life. Mr. Parker was partially paralyzed many years ago after a crash that occurred while he was traveling to a Crimson Tide football game. That was a tragedy he met with courage. He never let that slow him down. It never stopped him from attending his favorite team's games.

Recently, Parker and many family members and friends were driving to New Orleans. They were on their way to the college football national championship game between LSU and Alabama when the unthinkable occurred.

They were traveling in a recreational vehicle motor home on a Mississippi highway -- the motor home blew a tire and hit a tree. The driver, who also passed away from the accident, lost control of the vehicle which is very likely when a vehicle that heavy and large loses a tire. The AJC reported that authorities did not find any negligence by the RV owner (a former AFL player) or alcohol consumption.

The group was very close and shared a love for Alabama football. The RV owner loaned the vehicle to the group because he himself was not able to go. The driver had been a professional bus driver and the RV owner was not concerned about his ability to drive the vehicle. Unfortunately, a tire blow out is something that the best driver might not be able to overcome.

Our hearts go out to the family and friends of these wonderful Georgia community members.

In Georgia, recreational vehicle drivers are exempt from obtaining a commercial driver's license. Pursuant to the Georgia's Department of Driver's Services, Non-Commercial Class A and Class B Driver's License Handbook: "[O]perators of recreational vehicles are not required to obtain a commercial driver's license or a Class A or B non- commercial license if the vehicle is a self-propelled or towed vehicle equipped to serve as temporary living quarters for recreational camping or travel purposes and is used solely as a family personal conveyance."

For guidance and information after any type of motor vehicle, motorcycle, bicycle or tractor-trailer accident, contact The Law Offices of P. Charles Scholle, PLLC. Please contact us to arrange for a free consultation on matters ranging from truck accidents, motorcycle crashes, personal injury, wrongful death and estate administration. We have offices throughout the Atlanta area in Duluth, Buckhead, the Perimeter and Decatur. for your convenience.

Recently, I was driving in Atlanta and noticed a young driver with a cell phone in hand apparently texting. This driver barely looked up at a crosswalk ... what if there had been a pedestrian in that crosswalk? As a Gwinnett County injury attorney, I have represented many victims of accidents that could have been avoided, but were the result of careless or negligent behavior or actions.

In the past decade nearly 50,000 people were killed as pedestrians in our country. In the same time period, 688,000 pedestrians were injured in America while walking on our roads. That amounts to one person being hit by a car or truck every 7 minutes.

Unfortunately, the battle for our safety as pedestrians in getting more complicated. The organization Transportation for America reports that the focus for transportation agencies is speeding, not pedestrian safety. And as we are more distracted while we drive, doing things like talking on the phone and texting which is prohibited by law in many states, pedestrians are more vulnerable to being catastrophically injured by a vehicle.

Georgia bans texting while driving, but allows the use of cell phones. The Official Code of Georgia Annotated (O.C.G.A.) § 40-6-241.2 prohibits drivers from operating a motor vehicle on any public road or highway "while using a wireless telecommunications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data." Reading a text is prohibited, which is a clear statement that our lawmakers want us to keep our eyes on the road.

At least there is a little good news for Georgia with regard to pedestrian safety. Our state did not make the top ten most dangerous states in the country for pedestrian deaths. Cities in Florida, Texas and Arizona were in the top ten.

In the recent past, the Atlanta area has seen tragic cases involving the most vulnerable pedestrians, the elderly and children. Last summer, a Cobb County mother was tried for the pedestrian death of one of her children.

Transportation for America says that these segments, as well as "racial and ethnic minorities are disproportionately represented" as vulnerable while walking on our streets. As noted by the organization, "the majority of these deaths ... occurred along "arterial" roadways that were dangerous by design, streets engineered for speeding traffic with little or no provision for people on foot, in wheelchairs or on bicycles."

As Georgians get out and move when the weather improves, both drivers and pedestrians must use caution to avoid one another. We hope that communities encourage getting out in the fresh air and moving for our health. We also appreciate efforts to make roads safer for all who use them.

If you have any questions about an accident or injury you have suffered, the Law Offices of P. Charles Scholle is here to help. Please contact my law firm to arrange for a free consultation with me on matters ranging from truck accidents, motorcycle crashes, pedestrian accidents, wrongful death and estate administration. We have offices throughout the Atlanta area in Duluth, Buckhead, the Perimeter and Decatur. for your convenience.

As most in the Atlanta area are aware, our community lost five members of a Cobb County church in the recent tragic accident in Florida. It is with sorrow and sympathy for the loss of these lives that I share my thoughts on this horrific accident. As a Georgia truck accident lawyer I hope that from this tragedy, investigators might learn how such a terrible accident can be avoided in the future.

The crash that has hit so close to home and made national headlines, occurred on a Florida interstate. As reported in the Atlanta-Journal Constitution, eleven people lost their lives in the crash and 18 were injured. Those killed in the tragedy included a local pastor and his wife, and related family members and friends.

One teenage family member in the ill-fated van was hospitalized in Florida. Her family did not survive the horrific accident and her Atlanta area aunt and uncle will be caring for her now. The church members were traveling from Florida in two vans after having attended a conference of Brazilian churches.

The Florida tragedy is under review. The National Transportation Safety Board sent investigators to determine whether it will be a part of the Florida Highway Patrol's formal investigation.

Authorities had closed the road for a while due to visibility issues related to a large brushfire. The road was reopened not long before the crash, which apparently was the result of poor visibility due to smoke from the fire combined with dense fog.

The Florida interstate accident involved many passenger vehicles as well as large trucks. In a situation in which there is essentially no visibility, the federal regulations require that trucks pull over and stop traveling until the situation clears. Even if you pull over in a situation like this it may not avoid being hit in a case like this due to the number of cars involved that may spill over to the shoulder of the road.

Title 49 of the Code of Federal Regulations section 392.14 provides that under hazardous conditions, extreme caution must be taken by commercial motor vehicles. Specifically, this regulation requires that "extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated."

Part of the investigation in this tragedy will undoubtedly involve whether drivers did what they should have done in these circumstances. If you or a loved one have been involved in an accident involving a tractor-trailor, it is important to have the support of an experienced truck accident lawyer to traverse the regulatory and legal issues that can be involved. Please contact my law offices for a free consultation on any matter involving motor vehicle accidents or personal injury.