Atlanta Injury Attorneys Blog

In Gwinnett County, Atlanta and across Georgia, injuries to children can be unnerving to the parent and emotionally scarring to a child. You do so much to keep your child safe, but a serious or fatal accident can be devastating and shake your confidence in yourself and the world. Whether a child is injured in a Gwinnett County automobile accident, truck accident, playground accident, premises liability case or is hit by a car, the fear, anxiety and trauma that the child experiences is magnified. I was in a serious auto accident when I was twelve (12) years old. I was lucky to survive. Months and even years later, though, I would still flinch when a car came to close to the one I was driving or riding in. The terror of that day has never left me, and I still bear the scars from that experience.

Typically, children's bodies are more flexible and can withstand impacts more than adults. Young children have a capacity to recover more quickly and fully than an adult who may suffer a similar injury. That's the good news.

However, child injuries in Georgia can be complicated because of the issues regarding legal competency and parental responsibility. If a child obtains a settlement of judgment in a case, any amount paid over $5,000 or $15,000 (depending on the circumstances) must be approved by the probate court of the county where the child lives. A conservator must be appointed to manage the child's money, with the supervision of the court, until the child reaches the age of 18. An alternative to a conservatorship is a "structured settlement". In a Georgia structured settlement, a third party company can arrange an annuity investment for the minor with the parent's consent.

If a child suffers an injury which results in permanent disability, the parent's role can as caretaker can extend throughout the child's lifetime, requiring sometimes an adult guardianship by the parent.

Whether the injury suffered by the child is a result of a truck accident, car accident, premises liability accident or other catastrophic event, it is important to secure competent representation with an experienced Atlanta child injury lawyer.

Continue reading "Atlanta Child Injury Victims Need Attorney Who Focuses" »

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 bus accident attorney, I was saddened to hear of a Sept. 15 accident in which a school bus fatally hit a five-year-old child. Atlanta NBC affiliate WXIA reported Oct. 5 on a bond hearing in the case for bus driver Sharon Dale. Dale is charged with second-degree homicide, failure to use due regard and violating procedures for school bus drivers in the incident that killed kindergartener Everett Johnson in northwest Atlanta. The hearing, which was attended by a group of Dale's colleagues, ended with Dale's release on a signature bond. She is suspended from her job with pay until the outcome of the trial.

According to the article, the accident happened shortly after Johnson and six other students got off the bus. Johnson reportedly fell behind the pack because he had dropped his book bag. When he bent over to retrieve it, Dale allegedly couldn't see him and tried to pull the bus away from the curb. Dale was reportedly so distraught that police waited a day to interview her. At the hearing, police officer Kim Jones testified that she climbed into the driver's seat and found that it would have been impossible to see a bent-over child in the position Johnson had occupied. However, Fulton County prosecutor Richard Elliott argued that Dale had a responsibility to adjust the mirrors for full visibility. Jones testified that she observed nothing wrong with the mirrors.

My heart goes out to Johnson's family. As his grandmother observed in the article, no amount of legal maneuvers can reverse this terrible accident. But as a Gwinnett County bus accident lawyer, I am very interested in what bus manufacturers and bus drivers can learn from the tragedy. Dale may be guilty of extreme carelessness if, as Elliott suggested, adjusting the mirrors correctly would have helped her see Johnson. If that's the case, Dale, and perhaps also her employer, would be liable for her negligence in any lawsuit the Johnson family chooses to file. However, if it's not possible to adjust the mirrors to remove every blind spot from the driver's view, the negligence may more properly lie with the manufacturer of the bus. In that case, it would be the manufacturer who would be liable for the wrongful death.

Continue reading "Court Considers Bond in Case of Bus Driver Charged With Running Over Kindergartener" »

As a Gwinnett County auto accident lawyer, I was disturbed to read a recent reminder that we are all only as safe as the actions of the drivers around us. That point was driven home by the Atlanta Journal-Constitution on Aug. 31, reporting on an accident that killed a Metro Atlanta man sitting in his own living room with his family. According to the article, George Michael Bryant was killed when a driver in a speeding Lincoln Navigator SUV rammed into the side of his Douglasville home, injuring other family members and creating a huge hole in one wall. The driver, William Steward of Douglas County, was later charged with vehicular homicide, two counts of injuries by vehicle, and driving under the influence of alcohol.

According to the article, Bryant was watching a movie with his wife, their daughter and two grandchildren just before the accident. In addition to causing his death, the accident sent his wife, Joyce Bryant, and granddaughter, nine-year-old Aylisha Walters, to the hospital. Walters was in fair condition Aug. 31, while Joyce Bryant was expected to be released. Other family members were treated and released. Authorities say Steward was traveling at high speed when he hit the home, hitting mailboxes, bushes and a parked car on the way. Neighbors said drivers often speed on their stretch of road and sometimes lose control when rounding a nearby corner. However, WSBTV.com later reported that Steward had a blood-alcohol content of 0.19, more than twice the legal limit in Georgia, making this a serious Metro Atlanta drunk driving accident.

As a Metro Atlanta car crash attorney, I hope this accident prompts action to control speeding on this road, if it is the problem that the neighbors say it is. Speeding is illegal for a reason: Speed makes it more difficult to control vehicles and increases the force a vehicle brings to an accident, which means greater destruction and often more serious injuries for the people who are hit. According to the National Highway Traffic Safety Administration, speeding was a contributing factor in 31% of all fatal motor vehicle crashes in 2007, costing 13,040 lives and $40.4 billion. And statistics show that driving drunk correlates with speeding. In 2007, 40% of legally drunk (BAC of 0.08%) drivers involved in fatal crashes were speeding, while only 15 percent of sober drivers were speeding.

Continue reading "Man Crashes SUV Into Douglas County Home Killing Grandfather and Injuring Family" »

A recent story in the Atlanta Journal-Constitution about a caught my eye as a Gwinnett County drunk driving crash lawyer. The AJC reported Aug. 25 that authorities believe Natasha Searcy, 22, was driving drunk when she hit a car carrying a Metro Atlanta family. The head-on crash killed Ashley Ingalsbe, 25 and her son Luke Ingalsbe, 4. It also injured another son, two-year-old Jacob Ingalsbe, and Ashley Ingalsbe's boyfriend, Thomas Vinnacombe, 24. Searcy was not seriously injured, but she is being held on suicide watch at Douglas County jail.

The accident happened at 5:45 in the morning of Aug. 24 on Skyview Drive, the newspaper said. Searcy allegedly crossed the center line of the road and hit Ingalsbe's car head-on. The crash killed Luke Ingalsbe instantly and his mother later in the day. Jacob Ingalsbe was treated and released from WellStar Cobb Hospital, but Vinnacombe was more seriously injured. His aunt, Amy Thomas, told the newspaper that he may need surgery for broken ribs and an injury to his spleen. Searcy was charged with vehicular homicide, DUI, driving without insurance and failure to stay in her lane. She has already appeared in court, where she was denied bail.

My heart goes out to these victims and their families. Losing loved ones unexpectedly is always a tragedy, but losing them to an apparent drunk driver is an extremely preventable tragedy. By now, high schoolers are routinely taught that drinking and driving poses a serious risk to themselves and everyone around them -- yet Metro Atlanta intoxicated driving lawyers like me continue to see more cases. Drunk driving causes wrongful deaths and catastrophic injuries, including head and spinal injuries that can cause lifelong disabilities. Under those circumstances, it's difficult to see the choice to drive while intoxicated as anything other than a deliberate, intentional choice made without consideration for the people who may cross the driver's path.

Continue reading "Driver Held for Alleged DUI Crash That Killed Mother and Child and Injured Two Others" »

As a Gwinnett County car accident attorney, I was sorry to see another report about a fatal accident affecting a child. MyFox Atlanta reported Aug. 4 on the death of a seven-year-old boy who was hit by a woman's SUV as he walked to school. Police say Atlanta woman Shirley Ogilvie struck second-grader Cameron Dunmore while she was taking her own daughter to school. Ogilvie relied on a friend, Darlene Henson, to say how sorry she was, and reportedly cried on a relative's shoulder during the news conference.

According to the article, Dunmore was crossing the street in front of his elementary school when the accident occurred. A crossing guard reportedly held a stop sign in the middle of the street as he crossed, but for unclear reasons, Ogilvie failed to stop. Henson said Ogilvie drives the same street every day to take her daughter to school and is distraught over the child's death. Police say charges against Ogilvie are pending, including charges of vehicular homicide. The CEO of DeKalb County, where the accident took place, said he would start a traffic study on the crosswalk where the crash took place.

As Henson said at the conference, the death of a child is always devastating. As a Metro Atlanta car wreck lawyer, I'm sorry to say that I've handled several cases involving wrongful deaths of children in traffic accidents. In addition to being very emotionally difficult cases, they can often be financially catastrophic as well. Nobody worries about money right after a terrible accident, but as time goes on and accident-related bills begin to arrive, grieving families are forced to think about how they will pay the six-figure costs of necessities like hospitalization and a funeral. For many families, these unexpected costs completely swallow their savings, forcing them to scramble just to make ends meet.

Continue reading "Atlanta Woman 'Distraught' Over Fatal Accident With Child in Crosswalk" »

As an Atlanta car crash lawyer, I was grateful to see a good resolution to a terrible hit-and-run accident that took the life of a little girl this week. The Atlanta Journal-Constitution reported Aug. 13 that a man who fled the scene after hitting a girl with his car has turned himself in. DeKalb County law enforcement officers say 44-year-old Gregory Armwood of Covington illegally changed lanes to pass a stopped MARTA bus before hitting six-year-old Sukmaya Mager. Mager died in the hospital Aug. 12, the same day she would have started elementary school. Armwood is charged with second-degree vehicular homicide and failure to exercise due care.

According to the article, a Clarkston police officer saw Armwood cross a double line to pass the stopped bus and another car. Mager, her mother and a neighbor were crossing the street in front of the vehicles, putting them right in Armwood's path. The article did not specify whether Mager's mother or neighbor were hurt in the crash, but it did say they were refugees from Nepal who had just arrived two weeks ago and don't yet have jobs or good English skills. State records show that Armwood has multiple traffic offenses on his record, most recently in 2003, including speeding, DUI and running stop signs and red lights. He and his attorney did not comment for the article.

My heart goes out to this family, which must deal with this terrible tragedy while they build new lives in the United States. According to the article, the Magers have no relatives here, speak no English and have not yet found jobs, which means they will have trouble paying for their daughter's cremation. As a Georgia auto accident attorney, I'm sorry to say that I see families thrown into similar financial situations all the time. Although the vast majority of my clients have jobs and are native-born Americans, a car crash can wreak havoc on a family's finances, causing six-figure medical bills and weeks of lost wages from time when victims cannot work. Part of my job is helping families in this situation find solutions to these overwhelming legal and financial problems, caused by a serious accident that was no fault of their own.

Continue reading "Driver Admits Responsibility for Hit-and-Run Crash That Killed Six-Year-Old Girl" »

As a Metro Atlanta DUI accident lawyer, I noted with interest that a woman from Cobb County was sentenced to 18 months in prison for providing alcohol to friend of her teenaged stepson. The Atlanta Journal-Constitution reported Aug. 6 that Kecia Evangela Whitfield, 44, is accused of providing the alcohol that led to the death of 16-year-old Garrett Reed in a drunk driving accident. After Reed died in a crash in January, tests showed he had a blood-alcohol content of 0.13, higher than Georgia's 0.08 limit for adults and much higher than the 0.02 limit for minors. Reed was a friend of Whitfield's stepson, Lyndon Winfree, who allegedly gave alcohol to five friends, including Reed.

Whitfield testified that she bought the alcohol for Winfree, who she said was allowed to drink at home under supervision. She said she didn't know anyone but Winfree would be drinking it, a claim Winfree contradicted with his own testimony. According to Whitfield, Winfree stole the alcohol and other groceries while she was upstairs taking care of her baby. The prosecutor in the case said it was reckless to leave alcohol unsupervised around teenagers. Whitfield ultimately was sentenced to 18 months in prison, a $1,300 fine and 100 hours of community service.

This is a criminal case -- but as any Georgia drunk driving accident attorney will tell you, Whitfield could be held legally liable for the accident in a civil case as well. In Georgia, parents may sue people who furnish alcohol to their minor children and teens without parental permission. This "social host" law makes adults who provide alcohol to teens legally responsible for the results, including fatal DUI accidents like Reed's. Drunk driving accidents can be extremely serious, especially when the driver is an inexperienced teenager -- causing wrongful deaths and catastrophic injuries such as severe burns and paralysis. A lawsuit cannot reverse these terrible accidents, unfortunately, but it can help victims and their loved ones recover the money they need to deal with the serious medical and financial effects.

Continue reading "Powder Springs Woman Sentenced for Providing Alcohol That Led to DUI Accident to Minors " »

In a tragic automobile accident, a Lawrenceville mother was killed by a drunk driver on Sunday, June 7, 2009. The woman, Sabrina Stanek, was standing in her yard when she saw a man in a Ford 350 pickup truck zooming up and down the road in her residential neighborhood. Stanek began waving at the man, Constantin Toncz, to slow down when she was struck and killed. Toncz apparently jumped the curb and struck Stanek, and then slammed his truck into her boyfriend's parked truck, pinning Stanek in between. After the violent truck wreck, the drunk driver did not stop to render aid. Instead, he abandoned his truck and walked to a family member's house down the street. Police arrested Toncz there later that night. Toncz has been in trouble with the law before and was out of jail on bond for a felony theft charge when the tragedy occurred. Police reported that Stanek died just after 9 p.m. Toncz was charged with first-degree vehicular homicide, breach of duty to drive, stop, or return to the scene of an accident and driving under the influence of alcohol.

The tragic drunk driving auto accident devastated members of the young mother's family, who claimed she was simply trying to protect her children. Stanek's parents are now attempting to gain custody of their daughter's two children, ages 4 and 6. Mercifully, the children did not witness the accident because they were asleep in the home. Stanek had worked as a manager at a Lawrenceville product distribution company.

In a later development, Gwinnett County District Attorney Jennifer Taylor filed a petition to revoke bond. The District Attorney's office had uncovered new evidence that suggested Toncz had acted intentionally in striking Stanek. It is unknown what additional facts were discovered, but Toncz's bond was revoked.

The notion that this man would intentionally run down a woman and violently kill her in front of her own home in her own neighborhood is disgusting. If true, the man should be charged with first degree murder and be subject to the death penalty. Another tragedy is that the drunk driver's insurance company may use the fact that this man's actions were intentional to deny coverage under his insurance policy. This would mean that this woman's children may be denied any wrongful death settlement as a result. Intentional acts are not covered under any insurance. Will this happen? Potentially, it could. We can only hope that Ms. Stanek's family hires a very good wrongful death attorney who specializes in representing children who have been seriously injured by the reckless actions of another. The attorney needs to act quickly in establishing Mr. Toncz's state of mind. Hopefully, the Stanek family had underinsured and uninsured coverage on their own vehicles.

Court revokes bond for man accused of DUI, Gwinnett Daily Post, July 4, 2009.

Police: Drunk Driver, Hit Killed Woman, MyFoxAtlanta.com, June 10, 2009.

Man accused in fatal hit-run appears in court, The Atlanta Journal Constitution, June 9, 2009.

When a child passenger is injured in an automobile accident or tractor trailer accident, who protects his or her rights? Well, you would assume that the parents or legal guardian would represent the child's interests. They do, but with caveats. Parents must understand the law because how a personal injury case is handled for a Georgia child will affect that child's future in terms of recovery, rehabilitation, care and education.

A child under 18 is not competent to represent himself or herself in a personal injury claim or litigation. Such a child is not sui generis in the eyes of the law. Accordingly, Georgia courts will often "toll" the statute of limitations until such a child is eighteen, the age of adulthood in Georgia. This means that a 5 year old child may have as long as two years after his eighteenth birthday in which to file suit. However, you should never rely on tolling. It is subject to the discretion of the judge. If you are the parent or guardian of a minor child who has been injured, whether in a premises liability matter, a products liability case, a tractor trailer accident or similar incident, then you should bring the claim within the regular 2 year statute of limitations period.

Georgia courts will not allow the child to claim medical expenses for which the child did not pay and for which the child is not legally responsible. Therefore, the parents must join any lawsuit as "Next Friend" of the child in order for the medical expenses to be recouped.

Generally, the parents or guardian communicates with the lawyer and has responsibility for making the settlement or litigation decisions on the child's behalf. However, once a child injury suit is settled or the proceeds from a judgment paid, the money from the settlement must be placed in a conservatorship for the benefit of the child if the proceeds are over $5,000. The conservator is the person, usually the parent or guardian, who looks over the money and must report to the probate court judge at least once per year and every time any non-material amount is to be spent for the benefit of the child.

An alternative to a conservatorship is a "structured settlement". In a structured settlement the money is paid not to the child but to a special account for the benefit of the child under the Georgia Transfer to Minors Act. The account is set up with a broker or financial advisor and the parent acts as "Custodian", directing the financial advisor. When the child reaches age 18, the money is relinquished to the child. Many of these accounts also may qualify for 529 treatment, meaning that the earnings during years between deposit and the age of majority are tax deferred. A structured settlement is much easier, cheaper and less laborious than a conservatorship and should be the preferred method of funding a settlement for a minor.

If a child is killed from the negligence of another in Georgia, then the family will need to act in accordance with the wrongful death laws of Georgia and should speak to a wrongful death attoney as soon as practicable. If the child had no will, then an Administration will have to be established for the child. The parents are the likely beneficiaries of any proceeds from the estate of the child and any wrongful death settlement.