Recently in Catastrophic Personal Injury Category

Georgians Be Safe -- Deadly Fire Teaches Tragic Lesson

December 28, 2011, by

embers.jpgA Christmas morning fire that took the lives of nearly an entire family, serves as an important safety warning for all Georgians for general and holiday fire safety. In my practice as a Gwinnett County catastrophic injury lawyer, I have helped many Georgia families who have experienced tragic accidents and wrongful death of loved ones.

Often families are able to eventually move past their grief and use the tragedy they have experienced to help others. That is what I hope will be the outcome of the terrible fire that took place over the Christmas holiday.

Please make sure that you are aware of how to keep your family safe from fire danger. It is important to learn about what you can do to ensure that tragedy does not happen to you as it did to the family members lost in the Christmas day fire.

Please keep in mind safety tips if you are building a fire in your fireplace this holiday season. Remember that hot embers stay hot for up to hours and hours. In the tragic Christmas day fire, the fireplace embers were likely removed from the fireplace and put in an entry way or near the trash.

A spokesperson interviewed by the Associated Press and published in the Atlanta-Journal Constitution after this fire noted that fireplace embers stay very hot for many hours and can be sufficiently hot to actually ignite a fire even a day after the fire has been put out. It is common sense that if embers are removed, they must be put in a metal container and should be taken outside for at least one day before putting them in the trash.

Make sure that your fireplace has been inspected by professionals before you use it, or if you have not used it recently. Make sure that you have smoke detectors in your home or apartment that are functional and that are placed in the correct locations. If your home is under renovation, it is very important that family members are not living in the renovation before it has been approved by authorities. It is thought that this could have been the case in this tragedy.

If you live in a single or a multiple story structure, it is important to have drills and safety routes for yourself and your family, especially from bedrooms in which family members might be sleeping when a fire breaks out. There are many safety products that are available for families to use for escape, including ladders that can be placed near windows.

In addition, consumers can avoid serious burn injuries and the fire dangers from dry Christmas trees by reviewing safety videos posted on the U.S. Fire Administration's website. The U.S. Fire Administration also has important information on its website about avoiding fires from Christmas lights and other sources. It might be surprising to consumers to learn that Christmas trees account for 240 fires annually which are most often caused by shorts in electrical lights, open flames from candles, lighters and matches. It is very important that live trees are well-watered to avoid dryness that can lead to fire danger.

When legal questions arise after an accident, injury or fatality, it is important to consult with an experienced serious injury lawyer with a record of success. If you have been injured in an accident, or have a family member who has tragically passed away due to the negligence of another, please contact the Law Offices of P. Charles Scholle, for a free consultation regarding your legal matter. We have convenient offices throughout Atlanta for your convenience in meeting with us.

Georgia Drivers and the NTSB's No Cell Phone Recommendation

December 21, 2011, by

distracted driver.jpgEarlier this month, the National Transportation Safety Board announced that it would like to see states ban calling and texting while driving. They extended this recommendation even to hand-free devices which apparently do not completely eliminate distracted driving risks. Here in Georgia, I serve as an Atlanta area accident lawyer and represent drivers harmed in serious motor vehicle crashes. Safe driving can certainly help avoid tragedy, but how far should lawmakers go in managing these risks?

Many states differ in this regard, some have complete bans on the use of cell phones unless it is hands free like California and New York. Georgia bans texting while driving, but allows the use of cell phones whether hand-held or not. Specifically, 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." It is worth noting that even reading a text is prohibited, which could be viewed as similar to picking up the phone to make a call.

It is also worth a few minutes of your time to go to the NTSB site linked above, to find out why the NTSB asks rhetorically, so "what's the big deal" and to review the statistics. We know that 3.092 people lost their lives last year because a driver was distracted while behind the wheel. If we were able to talk with those people now, what do you think they would say about driving distracted?

As noted by the NTSB, an uneventful trip can be one that is never forgotten when tragedy strikes in a distracted driving situation. Many of the accidents that happen when drivers are distracted by texting or talking on the phone while driving, could likely be avoided if the driver's focus was fully on the road.

Although it is important for the states to look at the NTSB recommendation and Georgians are concerned about losing their right to use a phone while driving, it is doubtful that our lawmakers will impose such a restriction on Georgia drivers any time soon. After the NTSB announcement, the author of the Georgia anti-texting bill said that most lawmakers here would oppose a universal ban on cell phone use behind the wheel. He recommends the use of hands free devices and sees no difference between talking on a hands free device and a passenger in the car next to the driver.

But some experts point to subtle differences in behavior while on the phone as opposed to talking with a passenger, including the fact that the person on the phone cannot help the driver see things on the road that might be happening in front of him or her. Interestingly, UPS, which is based in Atlanta-based prohibits its workers from using cell phones while driving.

The NTSB cannot force states to enact the prohibitions they recommend. These came about after a terribly tragic pile-up last year in Missouri in which two people were killed and nearly 40 people were injured after it was determined that texting while driving was what started the accident in the first place.

The Georgia Governor's Traffic Safety Office would like to see drivers put their cell phones away while driving as ideally this is a safer way to go. The Atlanta-Journal Constitution quoted the deputy director of the Governor's Office of Highway Safety as saying " '[d]istracted driving is a serious problem. Put the cell phone in the glove compartment.' "

And local law enforcement agrees with this recommendation as the Cobb County Police Department spokesperson was also quoted as saying that use of a cell phone, for example, to dial a telephone number, " ' ... diverts a person's eyes from the roadway to that device ... [and] reduces the response time of drivers.' "

If you or a loved one has been injured in a serious motor vehicle, truck or motorcycle accident as the result of another's texting or other reckless or negligent conduct, the Law Offices of P. Charles Scholle can help. Serving Metro Atlanta and all of Georgia, Gwinnett County injury attorney Charles Scholle understands the potentially catastrophic and devastating impact car, semi-trailer and motorbike accidents and distracted driving can have and can help you secure your legal rights and work hard to obtain the compensation you deserve.

Seat Belts Save Lives -- Make Sure to Buckle Up

October 24, 2011, by

iStock_000003411145XSmall.jpgBy now, we all know that seat belts save lives and that "click it or ticket" are mainstays of federal and state government and law enforcement efforts to encourage families to buckle up. In my representation of many serious motor vehicle accident victims and their families, as a Gwinnett County catastrophic injury lawyer, in my view, anything that can reduce deaths and injuries is vitally important.

But for some reason, drivers and passengers are still yet to have learned to buckle up every time they get into a motor vehicle. It is never easy to reconcile human behavior with safety measures that are available to us, but that we do not use. So when it comes to seat belt use, the failure to use a seatbelt even when the dashboard in a modern vehicle is telling us to buckle up, is puzzling and sometimes tragic.

The National Highway Safety Administration touts its "Click It or Ticket (CIOT)" campaign as the most successful seat belt enforcement campaign in the history of our country and says it has helped to create the "highest national seat belt usage rate of 85 percent." The State of Georgia has had its own successful Click It or Ticket campaign and continues to encourage us to buckle up.

The risk of injury or death are greatly reduced when using a seat belt. These simple devices save lives and make otherwise might be deadly crashes, survivable. Although the Click It or Ticket campaigns have created a very compliant public, teens, pick up truck drivers and men between 18 and 34 years of age are less likely to use their seat belts.

The death of a Norcross High School student last month has left many of us saddened and stunned. In the tragic accident, a Gwinnett County resident and high school basketball player, who was enrolled in honors and Advanced Placement classes, and three of his family members were killed in a single vehicle car wreck in Florida last month.

The young man's dad who was driver of the Chevrolet Tahoe tragically crashed in a single vehicle accident on I-75 near Ocala, Florida, the SUV traveled across several southbound lanes, overturned a number of times and ended up on its roof. Reports say that during this crash, six of the eight people inside the SUV were ejected in the crash. Only one person was wearing a seat belt -- the driver who was the young man's father. Speed was apparently not a factor so it is not clear what caused the vehicle to leave its lane.

Could some or all of the people who died in this crash be alive now had they been wearing their seat belts? We will never know the answer to this question. But this accident is important for all of us to pause and pay attention -- make sure that you do not drive or ride in a vehicle without a seat belt.

The Norcross High School community has suffered an enormous loss and it is impossible to imagine the sorrow that this family is experiencing. In addition to those killed in the accident, others were injured. Our hearts go out to the family and the school community.

Please buckle up every time you get into your car or other motor vehicle. You could save your life or the life of someone you love.

If you have been injured in an automobile or other accident, please contact my law firm to arrange for a free consultation with me 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.

Single Car Crash Ends In Death of Two Gwinnett College Students

September 30, 2011, by

carhittingtree.jpgIn my law practice as a Gwinnett County catastrophic injury lawyer, I have experience with the dangers of single-car accidents. In fact, I have written about these often serious single vehicle crashes in the past, as they occur frequently in Georgia and as noted earlier this year, these crashes are currently being studied at the renown Virginia Tech Transportation Institute.

Last month, two Gwinnett County college students were tragically killed in just such a fatal auto crash. In an accident that is still under investigation, two college freshmen were killed and two others were seriously injured. All had been friends in high school and all had graduated from Collins Hill High School.

The deceased students attended Georgia College and State University and both were from Gwinnett County. The accident occurred in Milledgeville and local police advised the Atlanta Journal-Constitution that the students had been shopping at Walmart and were returning to campus when the accident occurred.

Although there is no alcohol alleged as a factor, weather has not been ruled out as a possible factor in the tragic car accident. It is also not certain whether charges will be filed in this crash.

The deceased students were in the back of a Mini-Cooper when the driver lost control and it became airborne. The vehicle flipped, apparently more than once, and eventually hit a tree. Sadly, the young men were pronounced dead at the scene after being removed from the vehicle by emergency personnel. The other two young men were taken to Oconee Medical Center in Milledgeville but were later transferred to Medical Center of Georgia in Macon.

The College has issued a statement about this tragedy saying that: " 'The Georgia College community extends our most heart-felt condolences to the family members, friends and associates of our deceased students ... we will have counselors available to assist any university person or group who wishes assistance.' "

A very moving story about these fine young men and their families reminds us of the delicate balances in life. Most certainly, all families in this tragedy are grieving this loss.

In my profession as a serious car accident lawyer, I help families deal with the legal aspects of such things as wrongful death of a child. But the legal aspects of these accidents is only part of the picture.

The Georgia legal system provides for what is called "discovery" which includes an investigation of the facts of each case. This process involves legal skill and building the strongest legal and factual case possible, including sometimes hiring medical or accident reconstruction experts to support the case for the best outcome. It also involves supporting families emotionally and helping them to deal with the financial aspects of often very challenging life crises.

Many lawyers do not provide this personal level of support and that is what distinguishes someone who is running a law practice that focuses on the clients' needs first, which is what we do at the Law Offices of P. Charles Scholle. Please contact my law firm to arrange for a free consultation with me 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.


Atlanta Area Motorcycle Crashes Kill One, Injure Another

August 22, 2011, by

Motorcycle4.jpgLast week, two Atlanta area motorcycle crashes remind us of the importance of safety when riding a motor bike. In my experience as a Gwinnett County motorcycle accident lawyer, I have counseled and represented bike enthusiasts who have been injured while riding, as well as the families of those who have been seriously injured or tragically died while riding their bikes.

I am always saddened to learn of motorcycle crashes, because I know how much bike riders enjoy their experience. I also know that by virtue of the exposure one has while on a bike with other larger vehicles on the road, safety is key.

In the first incident last week, a motorcyclist slammed into a MARTA bus that was stopped in Buckhead in the 3800 block of Roswell Road. The motorcycle driver ended up pinned under the bus.

According to the Atlanta-Journal Constitution, Atlanta police intended to charge him with two Georgia misdemeanors, one following too closely Georgia Motor Vehicles and Traffic Code section 40-6-49 and the other driving without a license in violation of Georgia Motor Vehicles and Traffic Code section 40-5-20.

Given that the motorcyclist ended up under the bus in this crash, he is truly fortunate to be alive. It is difficult to think about what might have happened if the bus had moved at all once he was trapped under it. The bus passengers were not harmed in the accident.

Driving defensively while on a motorcycle is just as important as when driving a car or any other motor vehicle. That includes riding with sufficient distance in front of you so that you can stop safely when there is a road hazard or vehicle stopped in front of you. Many drivers do not realize that in addition to being unsafe, driving too closely is a form of aggressive driving that can be cited by Georgia authorities as occurred in the MARTA bus incident last week.

In another bike crash last week, a motorcyclist was tragically killed on I-75 in Clayton County while riding southbound near Jonesboro Road. In this incident, the Atlanta-Journal Constitution stated that (similarly with the MARTA bus accident the prior day), the Georgia Department of Transportation reported that cyclist ended up pinned under another vehicle. We do not know at this point, whether the motorcyclist was wearing a helmet at the time to the fatal crash.

The National Highway Traffic and Safety Administration (NHTSA) maintains accident statistics on motorcycle and other vehicle crashes. According to the NHTSA in 2008, 5,290 motorcyclists were killed and 96,000 motorcyclists were injured during that year. In 2009 there was a six percent drop in the number of motorcyclist fatalities which was noted at 4,462 motorcyclists. In addition, the NHTSA published an estimate in 2008 that helmets saved 1,829 motorcyclists' lives and also stated that "823 more could have been saved if all motorcyclists had worn helmets."

Charles Scholle is a Gwinnett County motorcycle injury and accident lawyer, available for a free consultation to evaluate your motorcycle accident matter. Please contact our law firm at any time, we are laser focused on helping clients recover from catastrophic injuries due to motorcycle, car and truck accidents. We have offices in several locations around the Atlanta area, including Buckhead, Decatur and the Perimeter.

Atlanta Crime Victim Faces Possible Paralysis

July 22, 2011, by

In my work as a Gwinnett County injury lawyer, representing victims and families that are dealing with catastrophic injury, I am aware of the profound and life-changing impact that paraplegia or quadraplegia can cause. Last Friday's tragic shootings in Atlanta have brought both shock and sorrow to our community. The shootings resulted in the death of one innocent victim and injuries to two other women. And for one of those victims, it has brought a potentially life-changing injury that may paralyze her.

The Atlanta Journal-Constitution reports that one of the victims of the shooting may be paralyzed from the waist down. One woman died and another was injured in the shooting incident that occurred in Midtown Atlanta last week.

The alleged shooter turned himself in and is now in the Fulton County jail. He is charged with one count of murder and several counts of aggravated assault. Georgia law has only one degree for the crime of murder, rather than lesser degrees as is the case in other states, and is found when a person intends to kill, acts with depraved disregard to human life or kills while committing a felony.

The woman who may be paralyzed is a recent graduate of UGA and is from Lithia Springs. Sadly, her injuries and recovery have become the focus for many throughout Atlanta and Georgia who are praying for her and her family.

She was assessed as having a spinal cord injury at the T-10 level, which refers to the thoracic vertebrae. The area that was identified in this victim's case is that which controls, among many other things, upper-body movement. Atlanta's Shepard Center specialists have assessed the woman's injuries and have noted that the result of an injury to that area of the spine can result in paraplegia or paralysis of the lower legs and lower body.

As is reported in the AJC, the Shepard Center will also be involved in her rehabilitation. The team will likely include various specialized support that includes not only a physician and nurse, but many types of therapies including physical and occupational rehabilitation.

In addition to a trauma such as this tragic shooting, paralysis can result from other traumas such as car accidents and diving accidents. Regardless of how these injuries are caused, the injured person and the family must cope with the adjustment to a new life.

In my work as an Atlanta catastrophic injury lawyer, I have experienced that these events and often the claims that result, are life changing, complex and difficult both legally and emotionally. Not only is the victim dealing with pain and suffering, but there are very pragmatic aspects to these cases. Spinal cord injury victims must protect themselves financially due to the fact that they may not be able to work in their chosen profession. In addition, they will likely have additional medical expenses throughout their lives.

Georgians are fortunate to have fine medical expertise in spinal cord injury and rehabilitation. The rehabilitiation of these injuries can take months, and even years. It involves many aspects of the victims life. But we have learned over many years, that even with these injuries, people have the ability to adjust and adapt. The technologies that have developed in recent years have improved the quality of life for injured victims. But there is no doubt that the pain and suffering after an injury that is catastrophic, is very difficult to deal with both physically and emotionally.

It is important in circumstances involving an auto or other accidents in which spinal cord injuries have resulted to find a dedicated legal team. As an Atlanta spinal cord injury lawyer, I have helped victims and their families deal with the legal and medical aspects of these complex cases. If you have been injured due to the fault of another, please contact our offices for a free consultation.

Continue reading "Atlanta Crime Victim Faces Possible Paralysis " »

Case Closed -- Insurer Must Pay In Bus & Car Crash Involving Death and Injury

June 30, 2011, by

Thumbnail image for 1330873_27868463.jpgIn my experience as a Georgia personal injury and serious accident lawyer, insurance policies are most often poured over by insurance companies before they are ever issued and it is difficult to get courts to find ambiguity in these policies. As an individual or small business, it is important that you read your policy terms and understand them before an accident occurs.

Last week, the Arkansas Supreme Court held that a particular policy of insurance was ambiguous and that an insurance carrier could not avoid paying twice what it expected to pay.

The court was deciding a case that involved a lawsuit resulting from a tragic and serious accident in which passengers were killed. In the accident that took place in 2009, a bus driver ended up in a collision with a car that resulted in death and serious injury of passengers.

The police investigation found that the car driver was at fault in the accident, but that driver was underinsured. That meant the insurance proceeds were not enough to cover the tragic accident. The non-profit transportation company's policy carried much higher coverage than the car driver's policy and included underinsured coverage, for situations in which the other driver(s) did not have sufficient insurance.

As noted, the bus driver was driving on behalf of a non-profit transport company, which was insured by Philadelphia Indemnity Insurance Company. The insurance company was willing to pay the proceeds of its policy, which totaled $1 million in coverage. In what is called a complaint for interpleader, the insurance company essentially said, "we will pay the full amount of the policy" in exchange for no additional liability. They claimed that amounted to $1 million.

The intermediate appellate court said the insurance company was exposed to more than the $1 million the insurance carrier argued was all they should pay. But the passengers who had been injured and the administrators of the deceased passengers' estates filed what are called counterclaims against the insurance company. They said they were entitled to a portion of the funds (and in fact additional funds) from the insurance company saying that the insurance policy provided for more coverage than the carrier claimed it was liable for under the policy terms.

The insurance company asked the court to accept that it had paid all that was required under their policy with their insured. But the appellate courts had held previously that when an insurance policy is ambiguous (meaning that it is subject to interpretation) it must be construed in favor of the insured. The court found that there was a notation in the policy that was not defined in the policy terms and that there were other terms that made the coverage amount unclear.

That meant the difference between the insurance carrier paying $1 million, as opposed to $2 million for the accident. In the opinion of the Arkansas Supreme court the policy terms were ambiguous and the carrier was liable for more coverage than it claimed saying: "We repeatedly have stated that if the language of a policy is susceptible to two interpretations--one favorable to the insured and one favorable to the insurer--then the interpretation most favorable to the insured must be adopted."

Insurance companies are very experienced at avoiding payment of claims. It is a fact of their business model. If you have been injured in an automobile or other motor vehicle accident and have any questions about your insurance coverage or your ability to recover your medical and other damages from another driver, please contact Georgia injury attorney Charles Scholle.

As an Atlanta car crash and bus crash lawyer, he has the knowledge and experience to help victims get through the legal process successfully.

When Summer Fun Turns Tragic

June 7, 2011, by


With good weather and summer fun, come some added dangers of personal and catastrophic injury. And as a Georgia personal injury lawyer experienced with helping victims of serious injuries and their families pick up the pieces after suffering injury, I see first hand the dangers of summer fun. I do not wish to step on anyone's summer fun, but I am compelled to warn parents of some specific dangers noted earlier this week in the Atlanta Journal-Constitution.

The age of social media and access to sites like YouTube has made communication more interesting and information more available. But along with this, teens are doing more and more dangerous activities to get the attention of their peers filming dangerous or daring acts to post for others to see.

Parents must pay attention to this potential and warn their children of these dangers. They are real and potentially life-changing and they are happening right here in the Atlanta metro area and surrounding counties.

As noted in the piece in the AJC, the dangers include the allure of tall bridges with shallow waters under them. Some bridges are lower, but the water is not deep enough to support the jump from above. Gainesville police told the AJC that divers do not consider what they are jumping into ... but they do it anyway. And of course, adding to this danger is the use of alcohol, which impairs judgment.

Social media is a part of the problem, say local police. As noted in the AJC article, "[w]ith school out and the summertime heat, bridge jumpers are out in full force around Lake Lanier and Lake Allatoona, both a quick drive from Atlanta." Law enforcement near these popular lakes is all too aware of the dangers of jumping from bridges.

The potential for debris that is unseen catching a diver and keeping them from surfacing is one real problem. Another is the fact that jumpers often misjudge the distance to shore and have difficulty swimming the distances back to safety. And the police caution that another very real danger is the height of the bridge and distance to the water which can be a very hard blow to the diver's body.

Only last February, "a Buford woman was seriously injured when she was forced to jump 40 feet into Lake Lanier to avoid being struck by an oncoming tractor-trailer." She was seriously injured.

Another danger is that drivers can become distracted by jumpers and end up in an accident themselves. In addition, some train trestles are too narrow for pedestrians and if you are walking on a trestle, you might be forced to jump to avoid being hit by a train. The Forsyth County Fire Department was quoted as stating that the public cost of rescue is a factor that most do not consider.

The police in Cobb, Forsyth and other areas, will write citations when they find jumpers, but sometimes these teens and others are able to jump when no one is around. Which is, in itself, quite dangerous.

Continue reading "When Summer Fun Turns Tragic" »

Fatal Motorcycle Crashes Down, But Could Be Rising Again

May 12, 2011, by

1301095_motorcycle_stunter_tyre_burnout_.jpgRecently, Southeastern Georgia's WTOC 11 carried an Associated Press (AP) report that motorcycle accident injury and motorcycle deaths have decreased by two percent during the first three quarters of 2010. Unfortunately, this may not mean that a downward trend will continue for any lasting safety improvement. Practicing as a Gwinnett County catastrophic injury and wrongful death lawyer, and having a platform to speak to the public about safety in the Atlanta Injury Attorney Blog, I want to go through the sobering statistics with our readers.

The statistics show that from January through September 2010, 80 fewer bike riders lost their lives in the same period in 2009. Unfortunately, the situation changed in the last three months of 2010 as fatal motorcycle crashes began to increase again.

Since the 1990's, annual motorcycle fatalities have more than doubled. In 2008, fatalities climbed to 5,312 deaths. And then dropped over 15 percent in 2009.

Some experts believe the reason for the decline in fatal bike crashes, was the economy. These same experts believe that as the economy improves more riders will be out on the roads with a possible rebound in the deaths of recreational motorcycle riders. But others do not see this correlation and believe that increases in gas prices also increases motorcycle ridership and that more bikers are out on the roads when gas is at such high prices.

The most worrisome trend reported by AP is that "the number of motorcyclists wearing federally-approved, impact-absorbing helmets dropped 13 percent in the first nine months of 2010." During this period the use of lighter weight helmets increased by 9 percent. These helmets are said not to protect riders as well as the heavier helmets.

Here is another sobering statistic: helmets that comply with federal safety standards have a huge impact on saving lives. They reduce the biker's chances of being killed in a bike crash by 40 percent. Many bike enthusiasts would prefer not to wear helmets and have successfully lobbied to reverse mandatory helmet laws.

The National Transportation Safety Board says there are 20 states that require motorcyclists to wear helmets and 13 of those states go beyond the basic requirement and require the use of helmets that meet federal standards.

Motorcycle ridership will be up throughout Georgia during the spring and summer months. As we continue to report on Motorcycle Safety Awareness Month, we hope our readers will consider the statistics and safety recommendations when they get out to enjoy their bikes.

Continue reading "Fatal Motorcycle Crashes Down, But Could Be Rising Again" »

Atlanta Drivers Pay Attention -- It's Motorcycle Safety Awareness Month

May 9, 2011, by

Motorcycle4.jpgAs part of my practice as an Atlanta injury and accident lawyer, I have represented many clients involved in serious motorcycle accidents in our area. It is well-known that drivers of these vehicles are more vulnerable to motorcycle crashes involving serious injury and death than drivers of other types of vehicles. There are no more enthusiastic drivers than those who own and enjoy riding their bikes.

The National Safety Council (NSC) wants to help avoid death and injury to motorcyclists and keep them as safe as possible. To further that effort the NSC has made the month of May, Motorcycle Safety Awareness Month. We would like all Atlanta area drivers, whether they are driving a truck, car or a motorcycle, to pay close attention to the information that the NSC has provided.

According to the NSC, many accidents involving cars and motorcycles are caused by the fact these vehicles can be hidden in a driver's blind spot. Those driving a car or truck should always check their blind spots visually prior to changing lanes. Many motorcycle crashes and tragic injuries result from these common maneuvers on the road.
The NSC also urges that motorists share the road with motorcycles by taking extra precautions when they are traveling in proximity to one another. Suggestions for motorists include several important points.

First, motorists should allow more distance when following a motorcycle. Second, it is critical to be very careful when traveling in an intersection. The NSC says that "[m]ost crashes occur when a motorist fails to see a motorcyclist and turns left in front of a motorcycle." Third, the NSC suggests that it is very unwise to try to share the lane with a bike -- instead, give the motorcycle a complete lane.

The statistics of bike crashes, injuries and deaths are not good. In fact, deaths that involved both motorists and motorcyclists increased 131 percent in the decade between 1998 and 2008. Alarmingly, the motorcyclists' death rate by miles was "37 times greater than for passenger car occupants."

The advice to bike riders to avoid crashes is also very important information. If at all possible, do not drive your bike in bad weather. Second, avoid riding in the blind spot of the vehicles around you, whether they are trucks or cars. Third, make sure to signal when you are turning or making a lane change.

Continue reading "Atlanta Drivers Pay Attention -- It's Motorcycle Safety Awareness Month " »

The Kindness of Georgians in Tragedy

May 4, 2011, by


Over many years, I have had the opportunity and the honor to help families devastated by the tragedy of accidents involving serious injury and death. But when literally an act of God, such as a tornado devastates families and towns, it is nearly impossible to comprehend.

And it is also difficult to describe how out of tragedy we can find a way back to hope. These experiences change us, but I have learned as I have stood closely by many families and individuals who have suffered unimaginable tragedy, that the human spirit finds a way to recover. And out of tragedy, can come renewal and hope.

The recent tornado that brought devastation to the town of Ringgold has also brought residents together -- some to mourn and others to help. One family paid the greatest price and all four members were killed in this tragedy.

All Georgians mourn this loss along with the residents of this devastated town. As the Black family was laid to rest, literally hundreds attended their funeral service. So many communities were devastated in the southeast and there were an unprecedented number of deaths.

Like a scene out of a war zone, the Atlanta Constitution-Journal reported that "family members led the procession down rain-drenched U.S. 41, the main artery through the storm-ravaged town" passing the devastation along the way.

And while the mourning continues, the kindness and support of fellow Georgians is evident. Teams of firefighters from Marietta, Atlanta, Cherokee and Clayton have converged on the area, helping with the clean up and search. The devastated Walker County also sent help. A disaster team from Dalton has arrived as well. These teams are working through the downed trees and making sure all buildings and homes have been searched.

Georgians have heart, and when our neighbors are in trouble, we come to their aid. My thoughts and prayers are with all the families and individuals who have suffered through this tragedy.

Continue reading "The Kindness of Georgians in Tragedy " »

Buford Burn Victim Wins $1.2 Million from Cappuccino Injury

May 2, 2011, by

In this day and age of lawsuits, the million-dollar award over a coffee burn has almost become a cultural joke. However, it really did happen earlier this year for a Buford woman, Cynthia Nance, who was seriously wounded by a QuikTrip cappuccino machine. As an experienced Atlanta burn injury lawyer, I can assure readers that this case is quite real and very serious.

How did Nance win so much money from such an apparently commonplace injury? Well, for one thing, her encounter with the machine left her with a permanent nerve disorder. But this is not to say that one can win a million dollars--or any dollars for that matter--by simply spilling hot coffee on oneself.

What happened in this case was that 190-degree water shot from the machine onto Nance's hand and arm, due to a part that had been removed for cleaning and not been replaced. Therefore, the QuikStop staff was culpable for not routinely replacing the part of an extremely dangerous machine.

Burn injuries can be very serious. In addition to Reflex Sympathetic Dystrophy syndrome, which is what this particular Gwinnett County burn injury victim was left with, severe burns can lead to a variety of crippling conditions, including shock and severe infection.

Since this 2007 accident, QuikTrip has wisely replaced all of its cappuccino machines, presumably to a model that is less likely to cause catastrophic personal injury due to simple forgetfulness on the part of an employee.

Continue reading "Buford Burn Victim Wins $1.2 Million from Cappuccino Injury" »

$1.5 Million for Fatal Crash Injury Study

March 22, 2011, by


Late last year, the National Academies of Science awarded the renowned Virginia Tech Transportation Institute's (VTTI) Center for Injury Biomechanics two research grants amounting to $1.5 million. These grants will go towards the study of a very specific area: fatal road departure crashes. The study is an effort to help identify how road departure crashes occur, as well as the injuries and fatalities involved in these crashes.

The statistics are daunting. In the United States over 10,000 motorists suffer fatal injuries in road departure crashes. We hear of these road departure fatalities and crashes in Georgia and on the news regularly. Sometimes drivers are under the influence, sometimes they are speeding. But when these crashes happen and cars or motorcycles collide with objects on the side of the road -- whether a guardrail, a tree, a telephone pole or other object -- the result is often fatal. Although guardrails are often intended to protect lives, they sometimes can be just as harmful in a road departure crash as other objects on the side of the road.

One of the VTTI grants is for a very large-scale study of passenger vehicles and will cover a four-year period and the other is specifically focused on the injuries resulting in fatal motorcycle crashes and roadside barriers. The purpose - to save lives.

VTTI is well-known in the area of research regarding crash causation studies. The hope is that in the close study of what is called "injury biomechanics" which includes the study of many factors that occur in an injury or fatality as a car or motorcycle goes off the road, more can be done to avoid serious injury and fatalities.

The reason these studies are so important is that we really do not know why road departure crashes are so serious and fatal. The study will gather information to provide more insight into why this is the case. The motorcycle study will focus on crashes in which the motorcycle road departure involves a traffic barrier since these are statistically more likely to be fatal than passenger vehicles that go off the road.

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$1.14 Million Verdict in Atlanta Sidewalk Injury

March 1, 2011, by


Last week, a woman from Norcross was awarded a $1.14 million by a Fulton County jury. The case is an example of the serious injuries that can result from a mere walk on a city sidewalk.

In this case, the woman suffered permanent damage to her foot while walking on an Atlanta sidewalk that had a dangerous condition about which the city knew or should have known.

The accident occurred nearly seven years ago. It took place while the woman was walking across a street at the intersection of Pryor Street and Upper Alabama Street. Her heel was caught in loose concrete on the sidewalk. This resulted in a fall in which she injured her ankle so severely that she had to undergo several surgeries.

Her lost earnings were over $100,000, but the majority of the monetary verdict awarded in Fulton County was over $1 million was for pain and suffering.

This case is a very unfortunate, but common example about how severe injury can be the result of something as simple as walking on a sidewalk. Lives can be forever changed in these circumstances.

The Atlanta Injury Attorneys Blog wants to remind our readers that if you have tripped or fallen on a sidewalk or elsewhere, you might be entitled to recover damages from the property owner who can be held responsible for maintaining safe conditions.

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Tragic Wrong-Way Crash Shuts I-285 For Hours

February 10, 2011, by

Earlier this week, I-285 was closed after a fatal auto crash. The tragic incident occurred between Ashford Dunwoody and Chamblee Dunwoody in a corridor that is used by over 200,000 drivers on a daily basis.

The Atlanta Injury Attorneys Blog is sad to report that a young man was killed in this accident. What went wrong on Tuesday morning was that a young man, driving in oncoming traffic collided with a truck, which then caught on fire. The truck driver survived the accident.

Many in the Atlanta area are focusing on the difficulty other drivers had when they were detoured around the road closure after the fatal crash. Once drivers are off the main interstate, some believe that the arterial highways are too difficult for those unfamiliar with the local roads to successfully find their way.

Unfortunately, the impact of the accident was felt well beyond the original accident scene. In fact, roads such as Johnson Ferry Road and Ashford-Dunwoody Road were severely impacted with detoured traffic.

According to some reports, Atlanta, Georgia and its surrounding area, has some of the most congested interstates in the country and some infamous hot spots such as the junction at I-75 and I-285. In addition, the roads that feed the interstates, also known as arterials, are part of the problem.

The criticism is that the roads have not kept up with development in some areas and they are often narrow without shoulders. But there is some good news. The Atlanta arterial roads are scheduled for major expansion and upgrades over the next several decades.

That is at least a step in the right direction to ensure that Atlanta's residents have alternative routes when an emergency arises.

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