Atlanta Injury Attorneys Blog

The Atlanta Injury Attorneys Blog has recently posted on an Atlanta area MARTA bus accident in which a car played a major factor in the crash. We have also posted on the push to implement federal bus safety standards that have been in place for a decade, but are not yet fully implemented.

Last week, a Harmon Brothers Tour bus chartered to carry 52 passengers from the Mill Creek High School in Buford, was traveling on 1-75 in a construction zone when it had to swerve off the highway to avoid a car stopped in its lane. The bus traveled up an embankment and struck an overpass, all to avoid the car.

The car was in the lane in which the bus had been traveling due to a rear-end collision that occurred before the bus came along. The car had been pushed into the lane in which the bus was traveling, after it had been involved in the rear-end collision.

There were 47 Gwinnett County high school students on board the chartered bus when the accident occurred. One bus passenger was airlifted to a hospital in Macon and 19 others were taken to nearby hospitals. The airlifted passenger was said to be in stable condition. The other passengers were taken to the local hospital as a precaution and were not expected to have any serious injuries.

As with so many Atlanta area highway accidents, this colliison occurred in a construction zone at a merge point where three lanes merged into two. Accident and injury can be avoided if drivers slow down in construction areas and allow the merge to occur without trying to rush through the situation.

This has been a difficult winter for Georgia. Unusually low temperatures and roads closed due to ice have kept many people at home for the past week. For those who were unlucky enough to have braved the icy streets, accident rates have soared. In fact, I just learned that a driver was killed yesterday in a Gwinnett County car accident on Breckinridge Boulevard, only a mile from my office in Duluth.

According to police, a northbound Saturn struck the rear of a Toyota, then a light pole. The police believe the icy roads contributed to the Duluth crash. It's easy to see how that could have happened; rear-end collisions are common on icy or otherwise slippery streets. After all, brakes can only work so well when you're sliding.

Unfortunately, Carlos Rodriguez, the driver of the Saturn that apparently slipped on the ice, died at the scene of the crash. Fortunately, the Toyota driver was unharmed.

My condolences go out to Rodriguez's family. Let's all hope the ice will be gone soon.

Another cautionary tale, illustrating the now-classic adage that "friends don't let friends drive drunk," happened last week in a Gwinnett County DUI wreck. Soon Kwon, a Duluth man with a history of minor arrests by Gwinnett County police, was charged with two counts of vehicular homicide, three counts of serious injury by vehicle, and driving under the influence of drugs or alcohol. Tragically, and somewhat ironically, one of the two who died in the wreck was a friend who had posted Kwon's bail for disorderly conduct last year.

The report of last week's Lawrenceville DUI car accidentsuggests that more disorderly behavior could have led to the crash--or, more accurately, two crashes. The first collision occurred when Kwon sideswiped the car that was driving next to him. The second happened when the sideswipe propelled Kwon's car across the road into oncoming traffic, where he collided head-on with a third car.

Icy roads brought a staggering number of Gwinnett County car accidents last night: 599, to be exact.

According to police reports, some 60 patrol officers handled an average of 39 crashes per hour. Nine of these trapped motorists and passengers in their vehicles, and two of those resulted in life-threatening injury. There also were 27 hit-and-run incidents, one 15-car pileup, and eight structure, vehicle and woodland fires. In all, Gwinnett County's 911 call center received 2,314 emergency calls--yet amazingly, no fatalities were reported.

Anyone who's driven on ice before knows just how lucky that fact is. It's somewhat true that on the ice, people are more likely to devote their full attention to the road. But even in inclement weather there still are plenty of folks who choose to drink and drive, and more still who will drive while distracted by mobile devices or other activities, simply out of habit. Add to those habits the hazard of skidding on ice, and the risk of collision and death goes up dramatically.

Sometimes a Georgia car accident is simply unavoidable--particularly when the weather is treacherous. Still, ice on the roads does not constitute a free pass for those who speed, flagrantly disobey traffic signs or stoplights, or drive while under the influence of drugs or alcohol. It is incumbent upon each of us to put safety first when deciding whether to get behind the wheel and whether or not to heed traffic laws.

According to police, a Valdosta man has been charged with vehicular homicide after causing a Lawrenceville car crash that killed a Suwannee teenager this past Sunday. Najee E. Griffin, 19, was killed on the scene of the accident.

The man who was charged, James C. Griffin (not related to the victim), was swerving his truck between lanes, then suddenly went airborne as it crossed into the oncoming traffic lane. His truck landed on the victim's car, then continued on, eventually crashing into a utility pole. Surprisingly, James Griffin and his passenger suffered only minor injuries.

There was no comment on whether speeding was a factor in this crash. However, to have become airborne, James Griffin's truck was likely going at a significant speed, and the fact that he was weaving in and out of lanes suggests that he was in a hurry. The question is, what made him choose to do that? Considering that he crashed into a pole and is now charged with vehicular homicide, in the end his choice did not save him any time.

Law enforcement isn't sure whether alcohol or drugs were factors in a one-vehicle collision that killed a Buford man this past week. One thing investigators are sure of, however, is that the driver wasn't wearing his seat belt.

The driver, Joe Archer, was going eastbound on Hog Mountain Road near Pine Road in Hoschton when he lost control of his truck. It crossed the road, struck the curb, rolled over and ejected Archer, who died at the scene.

My heart goes out to Archer's family. It's devastating to lose a loved one, and it probably doesn't help that the factors leading to his death were at least partly under his control. Every time you get into a car, you make a decision whether or not to buckle up, and every time you get behind the wheel, you must determine whether you are able to responsibly control your vehicle. Whether passively or actively, Archer made those decisions, and his death may have been the result.

You don't have to be drunk, or on drugs, or distracted by your cell phone, or even driving in low visibility on slick roads, to kill someone in a car crash. All it takes sometimes is one red light unheeded.

This past Saturday morning, a young man named Andrius Nikolaychuk, only 18, was driving through the intersection of Cruse and Old Norcross Road on a green light when his car was hit by Wykelia Robinson, 28, of Norcross, who did not stop for her red light. Nikolaychuk died at the scene, and his 7-year-old passenger was taken to the hospital in critical condition.

Robinson and her two children, who were in the car with her, were also taken to medical centers for minor injuries. Charges against Robinson are still pending, but police say that drugs and alcohol were not factors in the accident. So far all we know is that she broke an elementary traffic law: always stop at a red light.

In a somber reminder of the heightened danger of driving in the rain, an entire Gwinnett County family was killed in a South Carolina wreck last Thursday. The accident happened with the Alvarez family's SUV hydroplaned and flipped over into a canal by the side of the highway 145 miles east of Raleigh.

It is known that SUVs are particularly prone to flipping or rolling over when they lose equilibrium. And it is difficult to say whether the accident could have been avoided if they had been driving in a different type of vehicle, or driving a bit more slowly. However, it is critical to remember that this family should absolutely not be held to blame for their choice of an SUV as the family vehicle. Car and truck companies have an unspoken covenant with consumers to only put products on the market that are safe and stable. When this covenant is breached--and sadly, it is far too often--the company responsible must be challenged.

I believe SUV manufacturers have a duty to construct their vehicles in a way that puts the safety of drivers and passengers above all else. It is possible that there was a defect in the SUV that contributed to its propensity to flip over. It also is possible that due to the road conditions there was no other possible outcome than the death of this family, but when automobile makers are honest with consumers and do the utmost to construct their vehicles responsibly, we all benefit. Conversely, when they are dishonest or overlook safety measures, traumatic brain injury, spinal cord injury, or death can be the result.

As fall rolls in, the death toll is rising for Gwinnett County pedestrians killed by motor vehicles. Just after I posted a blog on the profusion of Gwinnett County car-pedestrian collisions we've had lately, another Lawrenceville pedestrian fatality was reported on Pleasant Hill Road. According to police, the victim evidently was attempting to cross in a no-crossing zone, and was probably homeless, but none of this changes the fact that one more human life was lost.

Meanwhile, in the wake of a 13-year-old Dacula pedestrian Dakota Wilson's death last week, residents and city officials have been debating the safety of the intersection on which the boy was killed. The intersection is more aptly a junction of Jim Moore Road, a major Dacula thoroughfare, and Braselton Highway. Despite its heavily trafficked location, and the adjacent location of Duncan Creek Park, including its skate park teeming with kids (read: non-drivers), there is no sidewalk, stoplight or crosswalk. The kids (and young adults) routinely walk or skate across the highway to the nearby convenience store. This is not safe behavior, but without a convenient option for crossing safely, residents argue, human nature and thirst will always take over.

It's a complicated issue when a pedestrian is killed while crossing in a no-crossing zone. No-crossing zones exist for a reason, often because visibility is not good enough for drivers to avoid pedestrians safely. And of course, near highways, where drivers tend to speed up in anticipation of getting on the high road, the risk is even greater. It does seem like in this situation the city should do something more to protect its kids, but because a state highway is part of the intersection, it apparently is a state budgeting issue rather than a local one.

A few different Gwinnett County pedestrians have been hit by cars in the past week. The most recent accident happened Monday evening when a Duluth pedestrian was struck and killed by a vehicle. Then last Friday a 13-year-old Auburn pedestrian was hit and killed by an SUV. Another teen also was injured by a vehicle last week, but fortunately not killed.

The Duluth pedestrian accident didn't have many details reported, but Gwinnett County police said that the victim died at the scene of the accident, the incident was not a hit and run, and that the driver was apparently not at fault. However, they did note that investigations had barely begun.

As for the Auburn pedestrian's death, Gwinnett County police said it was unlikely that charges would be pressed, as it appeared that the 13-year-old stepped into the Chevrolet Suburban's path. The police also said alcohol did not appear to be a factor. In this case, too, the investigation is still ongoing.

A tragic Snellville motorcycle crash occurred yesterday when a DeKalb police officer, working an extra job as a funeral escort, was seriously injured in a wreck with an SUV.

The officer was moving ahead to stop cross traffic in the next intersection when an SUV made a left turn in front of him from a bank parking lot. According to Snellville police, the policeman's motorcycle plowed into the SUV's side. The SUV driver was not seriously injured but the officer sustained extensive lacerations and bruises, including considerable damage to his face which may require reconstructive surgery.

This was a tricky situation, because the policeman was speeding ahead and the SUV driver was clearly not anticipating him when she turned her vehicle out of the lot. However, according to witnesses and Snellville police, there were loud sirens and flashing lights indicating that caution should be used when entering the street. The funeral procession should have been apparent, according to accounts, but the driver still evidently was unaware of the danger.

A Georgia tractor trailer had an extremely close call early this morning. According to the Florida Highway Patrol, a highway construction worker was struck by a semi early this morning on I-75 near State Road 56 in Florida.

I say extremely close call because, although there were serious injuries, the potential for causing death in this Decatur, Ga. tractor-trailer driver accident was amazing. What happened was the 18-wheeler's driver slammed on his breaks suddenly, which caused the giant truck to swerve. It's well known that tractor trailers require extra care to remain stable, and in this case, the truck driver was unable to control his trailer's rear end. As a result, it struck Jesus Gonzalez, a contract employee for construction firm.

The news article reports that Gonzalez is in "serious but stable" condition at Tampa General Hospital. "Stable" and "serious" are actually two distinct levels of vitality, but both indicate significant injury. Still, Gonzalez is expected to live. When you consider the elevated mortaility rate of Georgia tractor trailer accidents in general, combined with the extremely high risk of death when a pedestrian is hit by any moving vehicle on a highway, let alone a semi truck, Gonzalez is one lucky man.

2010 seems to be a banner year for auto collisions with Gwinnett County restaurants. Yesterday marked the second time in as many months that a motorist has driven into a Gwinnett County Chinese buffet, this time the Grand Buffet Chinese restaurant in Norcross (the previous instance occurred in Snellville).

Thankfully, no one was seriously injured in the Norcross building collision, although one restaurant patron was taken to the Gwinnett Medical Center for evaluation. And no structural damage was caused to the building; according to reports, only the glass window impacted by the car was damaged.

Early this past Saturday on Ga. Highway 8, a man on a moped was hit by a Subaru Forester in a head-on Dacula motorcycle collision. According to police, the Forester's driver, Stephen Ventress of Auburn, crossed over the center lines while negotiating a turn in the road. The biker, Roger Shimmin of Winder, was thrown from his motorbike as a result of the impact and died shortly thereafter. Ventress, who posted $11,600 bond and was released from Gwinnett County Jail today, is now being charged with misdemeanor second-degree vehicular homicide, failing to maintain a single lane, and driving on the wrong side of the road.

This accident was truly a double-whammy. Not only was the motorcyclist at a distinct disadvantage due to lighter weight and less protection against impact, it was hit with the full force of a head-on collision. Besides which, the wreck took place early in the morning on a highway, which suggests that there was much more momentum in this case than in that of a head-on accident in an area with many stoplights and stop signs. It is tragic, but not surprising, that the Winder motorcyclist died at the scene of the accident.

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.