Atlanta Injury Attorneys Blog

Today I read a Gwinnett County hit-and-run accident story with some bad news and some good. The bad news was that on Tuesday morning, Aubrey Turner of Pine Mountain in Gwinnett County was hit by a motorist while walking to work--and as if that weren't bad enough, the motorist kept on going rather than pulling over to help. According to the victim's brother, who spoke to the press, "They just left him ... you know, for dead."

The good news is that Mr.Turner was discovered shortly thereafter on the side of the road by a coworker, also on the way to work, in time to get the help he needed at Gwinnett County Medical center. At the time of this writing he is in serious condition, having already undergone treatment for a shattered left arm and a ruptured spleen.

The good news, of course, doesn't even come close to making up for the bad. "Serious condition" is just that, and Turner could have any number of terminal conditions as a result of this tragic incident. Georgia hit-and-run accidents can cause severe burns, catastrophic brain injuries and, of course, death.

Continue reading "Gwinnett County Man Hit-and-Run, Discovered by Co-Worker" »

Hot on the heels of my last post, which concerned a Georgia initiative to reduce the incidence of crashes between commercial trucks and lighter-weight vehicles, came a grisly Suwannee accident involving a head-on collision between a tractor-trailer and a pickup truck.

On Wednesday afternoon,the pickup reportedly crossed the road's center line and struck the tractor-trailer coming in the other direction. Its driver, a Valdosta, Ga. man who had not been wearing a seat belt, was ejected and died that night. The semi driver, a man from Live Oak, is still in critical condition at Shands at UF.

Often, the commercial vehicle driver gets out of a major auto accident with only minor injuries, but this one caused the trailer to separate from the cab as a result of the head-on impact. Had the semi driver not been wearing his seat belt, his fate might have been the same as that of the pickup driver.

Continue reading "Head-On Suwannee Crash Kills Driver, Injures Trucker" »

Strange things happen on the road, and a car accident is often not what it seems--especially if it takes place during a downpour. What was thought at first to be a crash caused by a thunderstorm has been called into question by Gwinnett County police, who have filed criminal charges against a Lawrenceville man for causing the Lawrenceville crash that killed his wife and injured her 10-year-old daughter.

The man allegedly grabbed the car's steering wheel from the passenger seat, making the car crash through a mailbox, a utility pole, and finally into a tree. His wife, in the driver's seat, died at the scene. Currently booked at the Gwinnett County Jail on felony involuntary manslaughter and misdemeanor reckless conduct charges, the man intentionally grabbed the steering wheel, according to police investigators. His motive for doing this, however, remains under investigation.

With this limited information it is impossible to know whether the man grabbed the steering wheel in a vain attempt to control the car on slick roads, or whether he acted belligerently in the heat of an argument, or even whether the act was intentional and premeditated. There are too many variables to be completely certain. As a Lawrenceville car accident attorney I have seen many cases, and any of these motives is plausible. It will be interesting to see what this investigation uncovers.

Continue reading "Lawrenceville Man Charged with Grabbing Steering Wheel in Deadly Crash" »

It's the middle of summer in Georgia--and as we all know, summer in Georgia means fires. In the past week alone, several fires were reported in Gwinnett County, and I'm sorry to say that more than one of them caused enough damage to leave dozens of families temporarily homeless. Here's a rundown:

Yesterday afternoon there were three very different fires in Gwinnett County. The first was in Lawrenceville, where a knocked-down tree had apparently pulled down a power line sparking a fire. The second fire was at a Norcross apartment building. Four units were damaged, 25 residents were forced to seek temporary housing, and one was taken to Gwinnett Medical Center-Duluth for minor symptoms of smoke inhalation. The last call was for a vehicle fire in Suwanee; unfortunately the car was too far gone to be saved. Collateral also damage occurred in the form of damage to the garage it was parked at and blistered paint to a nearby vehicle.

And Thursday was only the beginning.

Continue reading "Fires Blister Across Gwinnett County" »

This past Sunday in Lawrenceville, a car crashed into a restaurant--the second such incident to occur in Gwinnett County over the past two weeks, according to the Gwinnett Daily Post. And then on Monday, a Snellville man slammed his car into his own home.

Sunday's restaurant crash happened at a Sonic drive-in on Grayson Highway; the driver who caused the accident said that his accelerator got stuck as he was trying to park at the church next door. Instead of going to church, however, the man and his passenger ended up inside the fast-food restaurant, and then the Eastside Medical Center with minor injuries. Luckily, no one in the Sonic was hurt, but the eatery did have to be closed for structural repairs.

The previous restaurant accident happened 10 days prior in Snellville, when a driver slammed into the Hot 'n' Cold Chinese Buffet. This time the people inside the building weren't so lucky; nine were injured.

Continue reading "Three Drivers in Past Two Weeks Crash into Gwinnett County Buildings" »

According to the Gwinnett Daily Post, two people were arrested as of Wednesday after a fatal Dacula accident this past Saturday that ejected two, killed one, and allegedly involved racing. One of the arrested is 24 years old; the other is only 18.

I don't need to tell you that highway racing is an extremely bad idea. I especially don't need to tell the families of Emmanuel Vasquez-Marrero, who died in the crash, and Carlos Bonilla, who narrowly escaped the same fate.

But I would like to point out something that often doesn't occur to people when they think of automobile accidents. Despite the fact that there were four injuries, two arrests, two cars racing and one death, there was only one vehicle in this crash. Does that mean the driver of other car that was allegedly racing doesn't hold some responsibility? Of course not. But no one in that car died. Only one car crashed, and the person driving, the person who killed Vasquez-Marrero, was none other than a trusted friend.

It's tempting to blame the brashness of youth for tragedies like these. Teenagers in particular are at risk for automobile accidents, especially nighttime fatalities. Higher likelihood of drinking, text messaging or trying to impress friends, plus a lack of experience and true gravity regarding a driver's responsibilities, can all be factors.

Continue reading "Dacula Drivers face Homicide, Felony Charges after Highway Racing Accident" »

This past Thursday saw an unfortunate but all-too-common incident in Gwinnett County: a motorcyclist was hit by a truck, and the victim is in critical condition in Gwinnett Medical Center.

There is the problem of who's at fault. The Journal-Constitution only says that the truck made a left turn into the victim who was proceeding southbound, and that charges have yet to be filed pending an investigation. So one can guess endlessly at the accident's circumstances: was the motorcyclist's visibility compromised by a curve or a hill? Was he or she speeding through a red light, or accelerating to beat a yellow? Were they wearing a helmet and other proper road gear? Or did the truck simply misjudge his or her left turn?

Who knows, but we do know one thing for certain: the road fatality rate for motorcyclists is much higher than that of their car- and truck-driving counterparts. A motorcycle is simply no match for a truck, whether that truck is an eighteen-wheeler or a pickup. According to the National Highway Traffic Safety Administration, "per vehicle mile traveled in 2007, motorcyclists were about 37 times more likely than passenger car occupants to die in a motor vehicle traffic crash."

Continue reading "Gwinnett County Motorcyclist Hit by Truck" »

It's incredible sometimes what people decide to do while driving. Today, a 52-year-old Dacula man went on a veritable rampage down I-85, for 21 miles from the Hamilton Mill Road exit through Duluth and beyond--almost the entire length of Gwinnett County, according to police. In all, Strawn reportedly hit seven vehicles, amassing 30 felony charges and counting. These include aggravated assault, hit and run, and fleeing law enforcement.

Despite the fact that this man, Mike Strawn, sat in his aptly named Dodge Ram and slammed other vehicles with impunity--three of them as he was pursued by police!--no serious injuries had been reported at press time, although one motorist did say they were in pain. This, of course, is subject to change: when one is injured in an adrenaline-inducing event such as a car crash, it can take hours or even days for symptoms to fully reveal themselves.

It was not reported whether the vehicle-ramming was entirely rear-end collisions or if some cars were side-swiped, but as a Gwinnett County car collision attorney I can tell you that likely injuries from such an event include neck and back injuries like whiplash, head injuries such as concussion, spine injuries, and even brain injuries. All of this risk, and just from one case of road rage.

Continue reading "Road Rage? Rogue Driver Faces 30+ Felony Counts" »

Two Georgia 18-wheeler accidents caught my eye in the news this week. One took place on Georgia Highway 88 and Ramsey Road. In an all too familiar scenario Dennis Neely of Hephzibah, Ga. drifted into the opposite lane and was hit head-on by a Pepsi-Cola delivery truck. By all appearances, he died instantly. By all appearances, the delivery truck was pretty much fine.

Another accident took place right here in Gwinnett County. Here, a tractor-trailer hauling flammables caught fire, and was completely destroyed within a very short period of time. The driver, and other motorists, fortunately got away unharmed, but the fact that such a fire occurred and developed so quickly that the vehicle was a total loss by the time the fire department showed up should give serious pause to any trucker hauling any potentially flammable load.

There was no information on what exactly had caused the fire, but 18 wheels of friction plus high outdoor temperatures plus who knows what conditions inside the trailer or under the hood can definitely spell trouble. Truckers commonly have safety checklists they are required by law to fulfill every time they hit the road, and this is why--to catch just as many potentially deadly situations as possible before they can happen. Tractor-trailers are uniquely dangerous vehicles inside and out.

Continue reading "The Dangers of Tractor-Trailers" »

As a Greater Atlanta car crash attorney, I am pleased to report that there were mercifully few St. Patrick's Day DUI arrests and injuries this year in Gwinnett County. However, there were a number of automobile accidents last week that no one could have predicted.

The most ironic of these took place in Cobb County on I-20. U.S. Marine Gregory Suedmeyer and his wife Katelyn were on their way home to Huntsville, Alabama from Camp Lejeune, North Carolina. The Marine had been stationed there after recently returning from active duty in Iraq. But what should have been a celebratory ride home turned tragic when the Suedmeyers' car was struck by a truck being driven the wrong way down the highway by Georgia resident Bruce Joseph Quayle, 71. The Marine was killed in the crash, and his wife sustained critical injuries. Their family dog, riding in the back of the car, was also killed.

Continue reading "Marine Tragically Killed in Georgia Head-On Collision" »

If a Georgia Auto Accident or truck accident results in the death of a driver, passenger or bystander, a Georgia Motor Vehicle Accident Report is drafted by the investigating police officer, just like for any other accident. However, when a fatality is involved, Georgia law requires that a supplemental accident report be drafted by specially trained officers. Sometimes these officers work for police departments, but rural areas and small cities may not possess the resources to staff a specially trained team. Usually, if a municipality does not have appropriate personnel, then the county will provide a team. If the county does not have a team, then another local jurisdiction can provide a team. If no local officers are qualified, then the Georgia State Patrol will investigate and draft the fatality accident report supplement.

What do these specially trained officers do? Well, they perform a complete forensic investigation, including but not limited to: a) an evaluation of the collision dynamics; b) a mechanical inspection of the vehicles; c) a more thorough identification and interview process for drivers, passengers and witnesses; d) speed calculations; e) time and distance studies; f) crash data downloads from on board vehicle computers on tractor trailer rigs that have been involved in serious accidents; and g) computer animations. If you have ever driven in metro Atlanta or Gwinnett, Cobb or Dekalb Counties near major interstates, you know that if an accident has resulted in a death, that the entire road can be shut down for hours. These teams do their jobs carefully, regardless of the ambient chaos around them.

The most highly trained of these Georgia accident investigation teams are the Specialized Collision Reconstruction Teams of the Georgia State Patrol. SCRT units were authorized in 1997 after the Prosecuting Attorneys' Council of Georgia demanded greater emphasis be placed on forensic examinations so that serious violators of Georgia's traffic laws could be prosecuted and so Georgia DUI accident victims could obtain justice. SCRT officers receive over 1100 hours of comprehensive training in traffic accident investigation and reconstruction. Since January 1998, the SCRT units have conducted over 2000 fatal crash investigations. There are 5 SCRT teams in Georgia, spread out among the state so that they can cover all regions of Georgia quickly and efficiently.

Georgia Accident Reports and supplements for fatal car or truck accidents can be difficult to make sense of. You should contact an experienced Georgia wrongful death attorney to obtain copies and discuss the contents with the investigating officers. The reports, including any SCRT Reports, should be available through the Georgia Open Records Act.

Like any accident report, time is of the essence when mistakes are made. Mistakes can become "facts" if not corrected. Be diligent in obtaining and reviewing a report should a tragedy occur.

In this latest installment on Georgia Accident Reports, we ask the question: What happens if you are in a Georgia accident on private property, like a parking lot? Who decides fault between the parties, and how does one obtain the insurance information for the other driver? If a crime was committed, like a drunk driving wreck or a hit and run collision, then the police will of course have jurisdiction. If a crime or obvious traffic offense was not committed, then an officer is under no obligation to act. Law enforcement officers will usually not draft an accident report if there are no injuries and the accident occurred on private property. I myself have been involved in truck accident in a private parking lot. The police officer refused to complete a report. Luckily for me, the other driver was honest about what happened, and his insurance company paid the claim. This dosen't always happen.

The Georgia Department of Transportation does offer a Georgia Private Property Accident Report. This form is very detailed and thorough with respect to the quantity of information. However, this form is not required to be filed in Atlanta with the DOT and according to a DOT spokesperson I spoke to: "Is only for people to give to their insurance company."

It is questionable to me whether this report is valuable at all, since the person filling it out will probably be only one party to the accident emphasizing his or her own version of events. On the back of the form, there is a blank where one can list in narrative detail what happened, but this does not require all parties to complete it.

Accident reports accomplish 2 things: they provide information and they assign blame. The Private Property Accident Report provides a lot of information but does not assist with determining fault. I would tell my clients to provide information, but to omit any question or blank that requires him or her to make judgments or conclusions concerning fault. I think an insurance adjuster, absent an admission of fault by his insured or overwhelming physical evidence, will deny a claim and dare the other driver to sue. Unless there is a third party arbiter of fault, the insurance company always has an out. This is unfortunate, but it makes you appreciate a police officer. They really do protect and serve.

If you have been seriously injured in a car accident, truck crash or motorcycle wreck on private property, then you should contact an experienced Georgia personal injury attorney to protect your interests. If you are approached by the other driver or his or her insurance company, don't say anything until you speak to a lawyer and formulate a strategy.

In a previous post, I outlined how to get a copy of a Georgia Motor Vehicle Accident Report. Now that you have obtained one, other questions may arise such as: a) "What do all those funny codes mean"; b) "How do you interpret the diagrams"? and c) "Is the accident report admissible in court?"

The Georgia Accident Report is drafted, coded and signed by a police officer or other law enforcement official in charge of investigating an auto accident, truck accident or motorcycle accident in the state of Georgia. All Georgia police officers are trained to complete accident reports at the police academy. Georgia officers must learn and know the Georgia Accident Report Training Instructions.

Usually, an accident report is completed by the officer that arrives on the scene, interviews the witnesses, makes the measurements and assesses the facts. They sometimes include the Georgia Accident Report Overlay or Key, which serves as a legend for the codes on the accident report. The officer can choose to cite one or both drivers, or neither driver.

Sometimes these forms are hand-coded and sometimes they are typed. Sometimes they are not completed correctly. Officers are human. They make mistakes. It is the responsibility of those who were involved in the accident to seek out the officer and convince him to correct these forms or point out irregularities in the forms that could affect the driver's substantive rights. Call the officer if the accident report is wrong.

Just because you try to contact an officer, however, does not mean he will call you back. I have had good luck getting police officers to call me back. Being that I am an injury trial lawyer, they usually would rather talk to me on the phone then have me issue them a subpoena. No one likes to sit all day around the courthouse I suppose.

Are Georgia Accident Reports admissible in court? Not generally. Accident Reports are considered heresay evidence. Heresay is not generally admissible. However, if the officer who drafted the report is on the stand, you may be able to use the report to help the officer refresh his memory or to impeachment the officer if his testimony differs from what is on the report.

What happens with an auto or truck accident causing the death of a driver or passenger? A special investigation must be performed and a supplemental accident report completed. This is a complicated topic for another day.

Accident reports can be great for proving your case against the offending driver. They are usually right, and insurance companies usually respect the results. If the accident report is wrong, however, all is not lost. Just be proactive in making sure your rights are protected. Talk to an experienced Georgia personal injury attorney if you are seriously injured in a Georgia motor vehicle accident and you are worried about what has been included or omitted from the accident report.