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" »

The past two weeks have seen two children--one 4-year-old in Lawrenceville and one 7-year-old in Suwanee--drowned in Gwinnett County apartment swimming pools. In addition, 21 more near-drownings, including one in Lilburn on Monday, have already been reported in Gwinnett County in 2010. Compare that to the grand total of 23 calls for the entirety of 2009, and you've got one busy year for the Gwinnett County Fire Department. The strangest part is that the summer's only just begun.

Fire Department spokesman Captain Tommy Rutledge has said that warmer temperatures this year are partly to blame. When it's hot, it's into the pool for the kids, especially if there's a pool right at home.

Which brings us to apartment complex swimming pools, the site of both of these deaths. Unlike county swimming pools, Rutledge said, most apartment community pools don't have lifeguards. Obviously this puts kids who swim at apartment pools, and other swimming pools that might be left unattended, at a greater risk.

The deaths and near-deaths we've already seen this year serve as a sad reminder that children need constant surveillance in pools, regardless of the depth. It's known that a child can drown in just a few inches of water, so even if you've just got a paddling pool, it's crucial to always have someone watching. No excuses.

Continue reading "Child Drownings and Near-Drownings at Unusual High" »

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" »

Have you heard about Miguel Mesa, the Gwinnett County middle-schooler who was hit in the face with a bleach-filled water balloon while walking home on the last day of school? Well, as one might expect, the story of what police say could only have been meant as a "random, silly prank" is far from over.

I am pleased to report that the suspects who performed the drive-by deed have been arrested. According to Lilburn police, the high schoolers have all given matching confessions. The eldest, a 17-year-old, is being charged as an adult and has been booked at the Gwinnett County Jail. The rest are being held at a youth detention center. In some ways it seems the case was open-and-shut.

However, Mesa is still injured and is now struggling to keep his sight. Although police say that the teens only meant to ruin the clothes of some unsuspecting kids, it is well known that bleach doesn't just whiten clothes or keep surfaces clean. It is a strong, dangerous chemical, and chemicals can cause burn injuries. In this case, Mesa's eyes were burnt by the bleach, and his vision has been compromised. Whether the worst of the damage has been done or is still developing is hard to say. Eye injuries can be quite complex. One thing is certain: this so-called prank has indelibly changed Mesa's life.

Continue reading "Gwinnett County Bleach "Prank" Anything But Funny" »

This week I read about two tragic DUI -related accidents in the Atlanta area. One critically injured a teenager, another seriously injured a baby. Both caused considerable monetary damage and heartache to families, and both could have been prevented simply by abstaining from drinking before driving.

In the case of the baby injury, the driver's intentions were good. Vehicle crashes are called "accidents" for a reason. Rarely are they borne from evil intentions; instead, they tend to be the work of a simple, honest miscalculation, which all too often is due to slowed thinking and reaction time--which in turn is all too often due to alcohol. In this case, the driver was swerving to avoid a dog. Unfortunately she was unable to account for the vehicle she ended up flipping over, which happened to have a baby inside.

Continue reading "DUIs: Too Much Risk, Too Little Reward" »

April 30 marked the official beginning of a movement that is
sweeping the country: National No Phone Zone Day. While not technically a national holiday, it might as well be, having gained a massive following since Oprah Winfrey began the campaign in January on her top-rated daytime show. The movement, which has received support from corporate heavyweights like Sprint and government officials like Secretary of Transportation Ray LaHood, formally kicked off with a live broadcast on The Oprah Winfrey Show that centered around live testimonials both from those who had lost loved ones to cell-phone related automobile accidents and those who had personally survived them.

In addition to Oprah's main live broadcast in Chicago, five satellite cities participated in the discussion with live audiences and celebrity moderators. Atlanta was one of those cities, which was especially appropriate considering that Georgia had passed two bills related to the use of mobile phones while driving just the day before.

Continue reading ""National No Phone Zone Day" Goes Live from Atlanta as Anti-Cell Phone Driving Laws Pass in Georgia, Michigan and Wisconsin" »

Studies show that texting while driving increases your chances of crashing by 20 times. Even using your phone in a hands-free mode is dangerous since it's a "cognitive distraction" which may decrease driving performance. In fact, texting and other distracted driving account for nearly 80% of all automobile accidents.
The effects of car accidents can be devastating. Crashes may results in death and catastrophic injuries, including brain injuries, paralysis and severe burns.

According to the Department of Transportation cell phones are involved in 1.6 million accidents a year, causing half a million injuries and 6,000 deaths.

Teens are especially hard hit. Just this past December a Georgia teenager died while texting his girlfriend. Statistics show the motor vehicle death rate of teens caused by cell phones is 21 percent and rising by 4 percent a year.

A bill aimed at Georgia teens passed the Georgia House last March, but has since stalled. Two more texting bills desgined to ban texting while driving have been introduced. Because of the extreme risks involved, It's crucial we pass these laws to ensure the safety of our Georgia roadways and drivers.

Texting accidents are not limited to automobile accidents. Driver texting has been found as a culprit in trucking accidents, bus accidents and train accidents. In order to address this growing problem, in late January the U.S. Department of Transportation announced it would ban drivers of commercial vehicles from using their cell phone to send text message, effective immediately. Truck and bus drivers who text while driving commercial vehicles may be subject to civil or criminal penalties of up to $2750.

Continue reading "Georgia Motor Vehicle Accidents - Texting While Driving Increases Risk of Serious Injury or Death" »

February 7 though February 13, 2010 marks burn awareness week. This week is designed to educate individuals and families about the dangers of burn injuries and teach burn prevention skills.

Burn injuries are one of the top causes of unintentional death in the United States. Last year alone approximately 2.4 million burn injuries were reported.
Burn injuries range in severity from least (first degree) to most (third degree). Burn injuries are complicated because they affect not only skin but also muscles, nerves, blood vessels and bone. Burn injuries are serious and can lead to debilitating and lifelong issues such as disfigurement, scarring and pain. Oftentimes, burns are due to the negligent or reckless conduct of another person or entity.

Burns can result from a variety of sources, including but not limited to:
• Car, truck and motorcycle accidents
• Cooking accidents
• Unattended cigarettes
• Work-place accidents
• Electric wiring problems
• Defective products
• Chemical exposure

Burn awareness week provides an opportunity to focus on burn prevention and take some simple steps to prevent burns in our environment.

Some home safety tips include:
• Have an emergency escape plan
• Place smoke detectors on each level of your home
• Avoid wearing loose-fitting long sleeves while cooking
• Don't leave food unattended while cooking
• Replace all worn cords and appliance
• Unplug all electrical tools when not in use

Continue reading "Georgia Burn Injuries - Burn Awareness Week Focuses On Injury Prevention" »

The type of Georgia auto accident one is involved in is often predictive of which driver is liable. In addition, certain types of injuries are more common with different types of accidents. For example, when a driver is stopped at a stop sign or red light, and he or she is hit from the rear, then it is almost always, without exception, the fault of the driver behind him. The citation for the offending driver is typically "following too closely". Moreover, the injuries one sustains in such a collision are likely to be to the neck or the back because the neck and spine are thrown forward when one is struck from behind.

In Georgia, sideswipe accidents, head on collisions, hit and run wrecks, drunk driving accidents, intersection accidents, head on collisions, failure to yield wrecks and t bone car accidents can result in devastating catastrophic injury. Some other types of Georgia car accidents with the injury and liability consequences are listed below

Head On Collision. Head-on collisions usually involve one party driving on the wrong side of the road or crossing the centerline of the road into the path of oncoming traffic. Head injuries, traumatic brain injuries, internal injuries, neck injuries, spine injuries and amputation injuries, including decapitation can occur.

Intersection Accident. Intersection collisions often involve one driver disregarding a traffic control device. T-bone or side impact wrecks can result in devastating internal injuries if the driver or passenger is in an impact area that is hit directly and perpendicular. Head injuries are another unfortunate consequence.

Pedestrian Accident. Pedestrian impacts typically result in catastrophic trauma for the pedestrian because she is completely exposed and unprotected from injury, resulting in severe head injury, broken bones, spine injury, road rash, traumatic brain injury, amputation injury, internal injuries and limb injuries.

Failure to Stop at a Stop Sign, Yield Sign or Red Light. Various injuries can result.

Failure to Yield. Like failure to stop at a traffic control device, these crashes can result in varying types of impacts and injuries.

Side Impact or T-Bone Collision. With head on collisions, side impact collisions are typically the most serious of accidents. Traumatic brain injury, spine injury and catastrophic internal injuries can result.

Driving While Texting or Driving Using Cell Phone. Unfortunately, driving while texting or using a cell phone is not illegal in Georgia yet, but studies find that these activities can result in a major lack of awareness resulting in major impact injuries.

DUI Drugs Accidents

Drunk Driving Accidents

No injury is more devastating to a Georgia truck accident victim, auto accident victim or premises liability victim than a spinal cord injury. Paralysis occurs if the spinal cord is severed. Depending on where it is severed, the paralysis can be defined as quadriplegia for paralysis of all four limbs, or paraplegia for paralysis of only the lower extremities. Whatever the result, the practical effect of a spinal cord injury is life-changing.

Gwinnet County spine injury cases are complicated and require expert testimony concerning the real-life impact of the injury and an economic quantification of all the damages. Issues like future medical treatment, future physical therapy treatment, future lost wages, future reduction and ability to earn a living are all relevant inquiries. All aspects of the life status pre-injury compared to post-injury must be fully explored to assure a fair settlement or verdict for the injured party. Many times discovering all available insurance is the most challenging aspect of a lawyer's role. Most liability insurance policies do not cover the extensive damages suffered by spinal cord injury victims. Consequently, uninsured and underinsured motorist coverage needs to be claimed. Multiple UM policies in Georgia can often be stacked to maximize coverage.

Securing the evidence needed to prove liability is also key. If the accident involved a tractor trailer, they typically have already obtained a head start in the process. Knowing that the injuries are often catastrophic, these insurance companies and responsible parties go out of their way to reduce their chances of having to pay any large amounts. An accident attorney needs to act aggressively to make sure the accident victim is protected.

Continue reading "Georgia Spinal Cord Injuries" »

There are no injuries that are more physically painful than burn injuries. As bad as the physical injuries are, however, disfigurement from burns can be even more psychologically devastating to an accident victim. One may feel unlovable or unattractive. Because of the follow-up skin grafts and scarring, the physical and emotional tolls often linger a lifetime. Keloid scars, contracture scars and hypertrophic scars can make an auto accident, truck accident, work accident or premises liability accident victim feel ashamed, embarrassed and depressed. Accordingly, the compensation recovered should be extremely high in light of these damages.

Georgia burn injuries from automobile, truck or other vehicle accidents are often the result of the combustion of gasoline or other flammable liquid. However, other types of accidents can cause different burns. Electrical burns, steam burns, contact burns, grease burns, chemical burns and other types of burns can also result from vehicle accidents or work accidents. Whatever the cause, catstrophic skin damage, nerve damage and cosmetic damages typically result, even if localized, and require a long convalescence.

I have represented many burn victims and obtained substantial recoveries. Burn victims injured in metro-Atlanta accidents should seek the services of a respected Georgia burn injury attorney. Juries are typically very emotionally sympathetic to these plaintiffs, feeling empathy for the hardships ahead for burn victims.

Continue reading "Burn Injury from a Georgia Accident Can Be Catastrophic" »

Traumatic brain injuries are devastating for the victim. Impairments vary depending on the type of trauma. An accident resulting in a seizure disorder can leave the victim many functional faculties of her brain, but the seizure patient is always anxious, afraid that a seizure might occur at an inopportune time. I have represented many clients with seizure disorders that were caused by head trauma. In fact, my very first client suffered a seizure disorder as a result of a serious traumatic injury. Because of the side effects, he was unable to take dilantin to treat the seizure, so he had to seek other medications. Seizure medications are often expensive, physically draining and have side effects that are very difficult to tolerate.

The science of brain injury is complicated and sometimes difficult to decipher, even for expert doctors, and seizure disorders are one area of medicine that has not been adequately understood. This is changing. Modern medicine has developed devices that fit inside the head and countermand the electrical impulses that can lead to seizures. However, many more years of clinical tests are necessary before many of these mysteries will be unlocked. Many times the seizures can be controlled, but they are usually present for the life of the patient.

Brain injuries from traumatic accidents like automobile accidents, boating accidents, motorcycle accidents, truck accidents, premises liability and other types of injuries that occur because of someone else's fault are particularly devastating because they occur without warning and without any opportunity to prepare you or your family financially, emotionally or logistically. Epileptics and other seizure disorder patients often are not allowed to drive or operate heavy equipment. This affects their mobility and their ability to maintain employment. If the uncertainty and upheaval associated with a traumatic brain injury has affected you or someone in your family, contact a well respected Georgia brain injury and seizure injury attorney.

With Halloween coming up soon, I would like to remind drivers and families to keep safety in mind as they have fun. Most people don't realize this, but according to the National Highway Traffic Safety Administration, Halloween is the second deadliest day of the year for pedestrians, surpassed only by New Year's Day. Not surprisingly, alcohol plays a big part in that statistic. The Georgia Governor's Office of Highway Safety reports that across the nation. 58% of highway fatalities involved a driver who was legally drunk, with a blood-alcohol concentration of 0.08 or greater. This is far above the national average for the entire year, which is routinely around 32%. As a father and a Georgia drunk driving accident attorney, I'd like to offer safety information for trick-or-treaters of all ages.

In response to the typically high rate of DUI accidents on Halloween, the Governor's Office of Highway Safety promises that law enforcement will be on high alert for drunk drivers. In fact, police agencies began their crackdown a week before, on Friday, Oct. 23, according to MyFox Atlanta. On that day, police agencies throughout Metro Atlanta set up checkpoints to check for alcohol-impaired drivers and stepped up patrols. The same measures are expected throughout the Halloween weekend that begins Friday evening. The enforcement effort includes mobile blood-alcohol testing as well as a team of wreckers standing by to impound vehicles of drivers found to be under the influence of alcohol.

Avoiding drunk driving is at the top of the list of Halloween safety tips offered by Consumer Reports for drivers. In a blog post dated Oct. 28, the magazine reminded drivers that kids may be out even later than usual this year because it's a Saturday followed by the end of Daylight Saving Time, which adds an extra hour to Nov. 1. The blog suggested to drivers that they use extra caution in residential neighborhoods and anywhere else children are gathered, driving slowly and keeping an eye on child pedestrians. It also reminded parents to let kids out of vehicles on the curb side of the road; use flashers during stops; avoid using phones while driving and always use age-appropriate safety seats. For trick-or-treaters on foot, Consumer Reports said parents should accompany kids under 12; kids should stick to sidewalks and walk rather than run; and parents should consider giving their kids glow sticks, flashlights or costumes with reflective material, so drivers can see them easily.

As a Gwinnett County DUI accident lawyer, I hope both drivers and pedestrians take these warnings to heart. Through my work, I frequently see the heart-breaking results of drunk driving. When people choose to get behind the wheel after drinking, they expose all of the innocent drivers and pedestrians around them to death and permanent, irreversible disabilities. These catastrophic, emotionally devastating injuries can throw victims into a financial panic as well, thanks to the double whammy of huge medical bills and unplanned, injury-caused time off work. And of course, the drunk drivers themselves face the heartbreak of knowing they are responsible for these injuries, as well as criminal prosecution and liability in a potential Georgia drunk driving injury lawsuit.

Continue reading "Metro Atlanta Police Agencies Plan Extra Patrols to Cut Down on Halloween DUI" »

As a Metro Atlanta auto accident lawyer, I was pleased to see that the driver allegedly responsible for three deaths in commuter traffic last week is facing the charges against him. According to an Oct. 20 article in the Atlanta Journal-Constitution, driver James Miles surrendered to authorities at the DeKalb County Jail that day. Miles is accused of driving recklessly in the Oct. 13 incident, which caused the deaths of three Southern Co. employees in a nine-person commuter van. One other employee is hospitalized with a broken skull and leg. No injuries to Miles were reported.

The crash happened on U.S. 78 in DeKalb County. Witnesses say Miles, in a Dodge Stratus, was changing lanes in and out of traffic before he clipped the back of the Southern Co. van. The crash caused the van to flip it on its side, trapping the passengers and requiring rescue crews to remove the roof. Killed were the driver, Robert Harold Clinton Jr., 60; and two passengers, Ollie Benny Stephens Jr., 49, and Cindy Fitzgerald, 54. All were from Lilburn. Seriously injured was Courtney Hill, 25, also of Lilburn. Miles is now facing three counts of misdemeanor vehicular homicide, charges that some of the crash survivors said seemed light. Misdemeanor vehicular homicide is punishable by up to a year in jail for each offense. Felony vehicular homicide is punished more severely, but is reserved for cases of DUI, reckless driving or certain other offenses. A former district attorney told the newspaper that reckless driving can be difficult to prove.

I understand the frustration these survivors, who are co-workers and friends of the victims, may be feeling. As a Gwinnett County car wreck attorney, I see the results of careless driving through my work on a weekly basis. Even if a choice doesn't meet the legal standards necessary for a felony vehicular homicide charge, that doesn't mean it's a safe, reasonable or necessary choice under the conditions on the road at that time. However, even if prosecutors' hands are tied, surviving family members have another legal option for bringing the careless driver to justice: a Georgia auto accident lawsuit. With a legal claim, victims of a serious crash can hold the wrongdoer responsible for his or her actions and recover the costs the accident caused.

Continue reading "Driver Surrenders to Face Charges for Fatal Rush Hour Crash " »

The most common serious injury suffered by the victim of an auto, truck, boat, motorcycle or other vehicle accident in Georgia is a back or spinal cord injury.

Spinal cord injuries are extremely serious and require immediate medical attention. The symptoms depend on the severity and location of the trauma. A "complete spinal cord injury" is defined as an injury where the nerves are not functional at any point below the injury, where with a "partial spinal cord injury" there is some nerve function below the injury.

The human body has 24 movable vertebrae: 7 cervical, 12 thoracic and 5 lumbar. The spinal nerves wind through the spinal canal. The cervical vertebrae are in the area of the neck, the thoracic center around the upper back and the lumbar are associated with the lower back. The vertebrae are numbered in sequential order with #1 at the top, so C1 would be the top cervical vertebra and C7 the bottom cervical vertebra and the one above T1. An injury occurring higher up the spinal cord results in relatively more paralysis than one affecting the lower vertebrae.

A complete spinal cord injury in the C1 region is considered a catastrophic spinal injury and could affect a victim's breathing and result in quardraplegia, paralysis of all limbs. A compete injury of the thoracic or lumbar vertebrae might result in paraplegia, or paralysis of the arms or legs. Other symptoms of spinal cord injuries could include: stiffness or spasticity of the affected arms or legs, loss of bowel or bladder control and sexual dysfunction.

Treatment of the injury for spinal cord usually consists of 3 distinct phases:

1. Stabilization of the injury and minimization of further injury to the spinal cord;

2. Rehabilitation of the injury so that the patient can function at maximum mobility;

3. Coping with the injury and the life changes associated with any permanent impairments.

More than 10,000 American suffer serious spinal injuries each year. Most of these occur in automobile wrecks and trucking accidents. Motorcycle accidents and boating crashes are other common causes. If you are injured in an accident, even if you don't necessarily feel seriously hurt, seek medical attention immediately. If the injury is a complete spinal cord injury, you will likely have no choice. However, even with a partial spine injury, wait for the ambulance. Adrenaline may cause you to feel stronger and less injured than you really are. You can make the injury worse if you don't stop moving immediately.

I represented a man with a partial spinal injury who exacerbated the injury by his unrestrained movement after the fact. Not only was he more severely injured than he should have been, but he also could not seek damages for the exacerbation caused by his post-accident movement, as it was not caused directly by the wreck. Don't let this happen to you. And, by the way, wear your seatbelt in your vehicle and your helmet on your motorcycle because a severe head or brain injury is not just devastating, it's likely fatal.

Hire a lawyer who is experienced in cases involving spinal cord and head injuries. The medical details can be confusing, and you don't your lawyer to learn on the job when so much is at stake.