Atlanta Injury Attorneys Blog

On Monday night, Phil Youngclaus from the Gwinnett Gladiators was hospitalized due to an accident in which he lost control of his truck. The truck had overturned, rolled across the highway several times, ejected Youngclaus, and hit a mailbox and fence.

The hockey player also was cited for driving under the influence (DUI), possession of an open container in a vehicle, failure to maintain lane and not wearing his seatbelt. The arrest reportedly occurred after Youngclaus refused to comply with a blood alcohol test. According to Georgia's Implied Consent Law, law enforcement officers are allowed to ask for breath, blood or urine samples to determine whether a driver is intoxicated. Refusal to submit to such tests can lead to fines, arrests, or suspensions of driving privileges.

It's really a shame when a sports figure, ostensibly a local hero and a role model for youth, decides to drive drunk. And make no mistake. Getting behind the wheel while intoxicated is always a decision--one with definite, often deadly consequences. In this case, Youngclaus sustained head injuries and apparently broke his back in several places. Back injuries from a DUI car accident can result in catastrophic spinal injury, paraplegia, quadriplegia or even death. So really, he got off easy.

Continue reading "Gwinnett Gladiator Loses Control of Truck, Is Cited With DUI" »

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

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

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

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

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" »

It's heartbreaking stories like this one that truly strengthen my resolve as a Georgia auto accident attorney. Easter should be a time for families to celebrate rebirth--but this year, for one Gwinnett County family, it was a time of unspeakable grief.

On Friday night, a family van was on its way from Lawrenceville to Jacksonville to celebrate a close relative's release from prison. Riding in the van were 57-year-old Brenda Mitchell Edwards, her 39-year-old daughter Melissa L. Mitchell, and her four grandchildren: 16-year-old Dhanja Mitchell, 11-year-old Miya Mitchell, and twin 4-year-olds Christian and Keyshawn Perry. Suddenly, a speeding car swiped the van, which careened into the median and was then struck by a pickup truck. All of the van's occupants were killed.

Continue reading "Repeat Reckless Driver Deals Death to Family on Easter Weekend" »

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

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

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

According to WTOCTV, on Monday night a church van and a semi-tractor trailer collided on Highway 80 at the intersection of Old River Road in Effingham County. A pick-up truck whose driver was later charged with a DUI knocked down a stop sign. Moments later, a van was carrying several young people from a local church and went through the intersection and right into the path of an oncoming semi. The semi collided with the van, causing the van to roll into a ditch. The pick-up also ended up in a ditch and the driver took off on foot.

The driver and the passengers in the van were treated and released. One person sustained a knee injury and will receive additional medical attention.
The driver of the van was charged with DUI, fleeing the scene of the accident, hit and run and attempted burglary.

Fortunately in this case, the injuries appear minor. However, if you've been in an automobile accident, even if you believe your injuries are minimal, it's important to receive medical attention and contact a dedicated automobile accident attorney immediately. Sometimes injuries that seem minor at first may have lasting effects. Some common injuries as a result of intersection accidents and head-on collisions include head injuries, neck, and back injuries and spinal cord injuries.

Further, many factors exist in this Georgia intersection accident case - much like in any other automobile accident - which may impact fault. It's crucial to hire an experienced Georgia auto accident attorney to conduct a thorough investigation and to evaluate how all of the factors impact fault and your chances of receiving just compensation.

Continue reading "Effingham County Intersection Accident Between Church Van And Semi-tractor Truck Caused By Drunk Driver" »

A Georgia accident victim who has been injured by a drunk driver, intoxicated driver or a driver under the influence of illegal drugs has options beyond those of other accident victims. Georgia law provides no caps on punitive damages for personal injury victims. Punitive damages are damages that punish an offending driver and deter similar conduct. Someone who is injured where no punitive behavior has occurred is entitled to special and general damages, but not punitive damages. Juries may seek to punish drunk drivers. That money goes to the victim and can often be substantial.

Georgia Drunk driving victims often suffer permanent, disabling spine injuries, burn injuries and other catastrophic injuries because drunk driving accidents often result from head on collisions. Charles Scholle is an experienced DUI accident victim attorney who can help victims of DUI accidents in Atlanta and Georgia.

Continue reading "Georgia Drunk Driving Accident Victims Have Many Options" »

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" »

I want to personally thank all those brave souls who took time out to attend the MADD Walk at Zoo Atlanta last Saturday. My team was able to raise almost $1,000 toward a noble and worthy cause?

As an Atlanta personal injury lawyer who reprsents DUI victims, it is gratifying to work with a great organization like MADD.

I am deligthed to be participating in this year's Mothers Against Drunk Driving's Walk Like MADD walk this Saturday October 3, 2009 at Zoo Atlanta. Ceremonies begin at 8:00 a.m., and the walk starts at 8:15.

Please visit the website for Georgia's MADD chapter to learn about the cause.

Please support my team or any one of the other teams participating this year. If you cannot walk, you can still make a financial contribution online.

Drunk driving accidents in Georgia kill many innocent victims every year. As a father of two small children, I certainly fear for their safety on the roads. Reprsenenting victims in court is one thing, but organaizations like MADD need financial assistance so that they can continue providing the good work they do.

Please support them!

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 an Atlanta intoxicated driving attorney, I was sorry to see that a drunk driver claimed at least one life in a recent motorcycle crash. A woman riding on the back of a motorcycle died after a suspected drunk driver hit the motorbike, the Atlanta Journal-Constitution reported Aug. 8. The woman and her companion, who was operating the motorbike, were returning from the National Bikers' Roundup at the Atlanta Motor Speedway at around 2:30 a.m. on Aug. 8. According to a Clayton County police spokesman, they were rear-ended by a driver who fled the scene but was apprehended. She was pronounced dead at the scene; her male companion was hospitalized with serious injuries.

The unidentified victim was visiting Georgia from South Carolina; her companion is from Riverdale. According to the article, they were on Riverdale Road near Garden Walk Boulevard when Lamar Jayson Johnson, 18, struck the motorcycle from behind. Johnson continued down Riverdale and then hit another vehicle, a police spokesman said, before abandoning his car and starting to run. A witness to the crash followed Johnson on foot and managed to subdue him until police arrived. Johnson, of McDonough, is charged with first-degree vehicular homicide, DUI, leaving the scene of an accident, following too closely and possession of alcohol by a minor. He is being held in Clayton County jail.

As a Georgia motorcycle accident attorney, I know from both experience and research that motorcyclists are only as safe as the least safe driver on the road allows them to be. That can include the motorcyclists themselves, of course, but research shows that in the majority of multi-vehicle accidents, it's another driver who didn't see the bike until it was too late. That's particularly bad because serious motorcycle accidents can wrongfully kill the riders or leave them with life-changing, catastrophic injuries -- regardless of fault. Motorcyclists and their families are often left to pick up the pieces while they struggle with insurance companies and the other driver, who may use juries' prejudice against motorcycles as an excuse to deny the settlement payments they owe under their own contracts.

Continue reading "Teenager Accused of Drunk Driving in Atlanta Accident That Killed Motorcycle Passenger" »

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 " »

As a Georgia drunk driving accident lawyer, I regularly use police reports and court records to show that my clients were hurt by drivers who were legally drunk at the time of the accident. As with many states, Georgia offers law enforcement two ways to determine whether someone is driving under the influence of alcohol. One is the driver's blood-alcohol concentration measurement. If a driver is at or above the 0.08% legal limit, he or she is presumed impaired "per se." However, Georgia drivers can also be charged with DUI if an officer believes they were "less safe" drivers because of alcohol, drugs or both. This does not require a chemical test, but can be based on field sobriety tests, reckless driving or other behavior by the driver. Either charge can lead to a Georgia DUI conviction and liability in any Atlanta intoxicated driving accident lawsuit.

That's why I was surprised to see that the chairman of the county commission for Carroll County, Georgia, in Metro Atlanta, was allowed to drive home after a breath test putting him just under the legal limit. According to a July 15 article from the Times-Georgian of Carroll County, Bill Chappell was pulled over at a roadblock in unincorporated Carroll County late in the evening of July 9. A video of the stop shoes Chappell had trouble performing field sobriety tests, including following a flashlight with his eyes, walking a line and standing on one leg. However, a breath test showed Chappell had a blood-alcohol concentration of 0.071%, less than 0.01% under the limit. Rather than arrest him, the officer let him drive home, a distance of less than two miles, and followed to ensure that he arrived safely.

The newspaper made a video of the traffic stop available here.

According to the newspaper, Chappell told the officer he was returning home from a regional development council meeting in Meriwether County. After the meeting, he said, he had one drink, then stopped by a convenience store for a Diet Coke on the way home. The officer asked Chappell for the exact time when he had the drink, but the videotape is silent during his answer, which a spokesman for the Sheriff's Department said could be an attempt to protect private medical information. The spokesman also said the medications Chappell named at the stop would not have affected his ability to drive. The spokesman attributed the problems with the field sobriety tests to Chappell's age, weight and health problems, and said the trooper did not feel Chappell was "over the influence." Nonetheless, he followed Chappell home.

The "less safe" standard allows law enforcement officers to use their discretion in cases where a chemical test is unavailable or inconclusive. That may be what happened in this case. However, because Chappell is an important person in local politics, the decision to let him go will almost inevitably be criticized as politically motivated. I do not know whether that was the case, and I do not care to speculate. But as a Gwinnett County, Georgia car accident attorney, I do know that driving under the influence causes very serious accidents. Drunk driving causes wrongful deaths and catastrophic personal injuries, including severe burns and brain damage that can leave victims disabled for the rest of their lives. For that reason alone, I hope the officer making this judgment call truly felt that Chappell was safe to drive.

An Alabama man was charged with operating a boat under the influence of alcohol in connection with an injury accident, television station WALB reported July 13. Samuel Kyle was pulling his 10-year-old daughter and two 11-year-olds behind the boat on a water tube in the Chattahoochee River, in Early County. The Georgia Department of Natural Resources said Kyle was under the influence of alcohol when he made a tight turn that sent the girls flying off the tube and into some rocks. All three were hospitalized and required surgery.

Most people know that it is illegal to drive their cars under the influence of alcohol, even if some of them choose to do it anyway. But not every Georgian realizes that it is also a crime to operate a boat under the influence of alcohol. In fact, you can be charged with drunk boating if you are found with a blood-alcohol concentration of 0.08% or higher (for adults), just as if you had been driving. And the evidence shows that boating while intoxicated can be just as dangerous as driving. According to statistics from the U.S. Coast Guard, alcohol use was the top most common contributor to recreational boating deaths in 2007, and the fifth most common contributor to all accidents.

As a Georgia drunk driving accident lawyer, I frequently use DUI arrests or convictions as evidence of fault in my clients' lawsuits. In an Atlanta boating accident lawsuit, a BUI conviction can be powerful evidence showing that law enforcement believes the person cited was not boating in a safe and responsible manner. This is important, because accident victims must prove the person they are suing is responsible for their accident, and thus their injuries, before they can claim any compensation for those injuries. And those injuries can be quite serious, including broken bones, head injuries and even wrongful death from accidental drowning.

Continue reading "Man Charged with Boating Under the Influence After Chattahoochee River Boating Accident" »