Atlanta Injury Attorneys Blog

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" »

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.

Georgia's biggest and most popular lakes for recreation, swimming and boating are: Lake Lanier, Lake Allatoona, Carter's Lake, Clark's Hill (Thurmond), Lake Seminole, Lake Hartwell, Lake Blackshear, Richard B. Russell Lake, Walter F. George Lake, and West Point Lake. As the Fourth of July holiday arrives here in Georgia, it is important to remember that recreation in Georgia lakes can turn deadly or cause catastrophic injuries if people are not careful and rules are not followed. Swimmers, boaters and personal watercraft riders should be aware of the dangers before venturing out on the water.

The Department of Natural Resources for the State of Georgia is the agency responsible for law enforcement on Georgia waterways. These officers will be out in force this summer because 2009 has been a very bad year for boating fatalities and drowings. Through June 21st, 5 victims have died in boating accidents and 21 people have drowned statewide. During the entire year of 2008, 10 died in boating accidents and 62 drowned statewide.

Officers will be checking first for lifejackets. Georgia law requires a life jacket or other personal floatation device for operators or riders aboard a moving boat or personal watercraft at all times. Also, people being towed by boats whether on skis or tubes, must also wear floatation devices.

Secondly, officers will be making sure that boat operators are not impaired. In 2008, Georgia Department of Natural Resources Officers made 215 Boating Under the Influence arrests in Georgia and investigated 18 alcohol-related boating accidents. On average, more than 20% of boating fatalities are the result of an impaired boat driver.

While it is not illegal to have alcohol in the craft, it is illegal to operate the boat under the influence of alcohol or illegal drugs. The blood alcohol content limit is .10 in Georgia. If you are under 21, the limit is .02. People convicted of Boating Under the Influence are subject to penalties up to a $1,000 fine and one year in jail. These sentence guidelines are identical to those for DUI in an automobile.

Boating Under the Influence is more dangerous, in my opinion, than Driving under the Influence is in an automobile because of the lack of impact safety devices like seatbelts and airbags in boats. Boats are just not set up for crash impacts. Besides death and drowning, brain injures and spine injuries are the most common result of boating accidents, as passengers seldom wear helmets and the speeds in boats at the times of impact are comparable to those in cars. Tragically, disfiguring burn injuries are also very common.

Appreciate the dangers of boating accidents. Have a great 4th, but be safe.

Swimmers, boaters urged to be safe in Georgia waters for July 4th holiday weekend, The Florida Times Union, June 28, 2009.

In my last post, we discussed an incident in which a drunk, wrong way driver caused 9 different motor vehicle wrecks on I 85 in Atlanta. Obviously, the fact that this guy was drunk in the middle of the afternoon suggests that he might have some alcohol problems. If he has previous arrests for drunk driving, then he may have minimum insurance, no insurance or insurance with a low rated carrier.

What about the 9+ victims? How are their cases resolved if there are multiple injured victim's suing for limited insurance proceeds? Suppose the drunk driver has a 25/50 policy. The drunk driver's attorney may file an "interpleader" action, whereby he tenders the total policy limits of $50,000 to the court and asks the court to apportion the proceeds. The drunk driver's attorney could also individually negotiate with each victim. Either way, some or all of these victims will not be fully compensated.

Can the victims sue the drunk driver for more money irrespective of the policy limits? Sure, assuming he has any money. There is also the possibility that the driver has other insurance on other vehicles or, if he was on duty at the time, that his employer could be held liable. How do you find out all the liability insurance available? Read the accident report first. If you cannot identify additional policies, then contact an drunk driving accident attorney.

The best protection against a drunk driver who has zero regard for others however, is a good uninsured or underinsured insurance policy. Do not ever skimp on UM coverage. I have the maximum UM insurance I could obtain. I have seen people with $1,000,000 in liability insurance who have only $25,000 in UM. Big mistake. A bad driver with multiple DUIs is most likely to have no insurance, minimum limits insurance or simply have a poorly rated insurance company. You need protection from bad drivers.

Protect yourself by maxing out on UM. It is relatively inexpensive coverage and a great value.

A drunk driver caused a rush hour pileup in Atlanta last Wednesday. According to police, the man caused 9 different wrecks, and one victim was seriously injured. The incident occurred when the drunk driver drove his commercial vehicle the wrong way up Interstate 85 and the Buford Highway connector near Buckhead. The driver, Richard Jernigan was charged with DUI, reckless driving, hit and run, leaving the scene of an accident and driving on the wrong side of the road. The perpetrator attempted to flee, but some local witnesses caught and physically detained him. Good for these folks.

This man's behavior in driving under the influence of alcohol is obviously horrible. That being said, there are two things about this drunk driving incident that are really troubling. First, the man was seriously intoxicated in the middle of the afternoon on a Wednesday. He was drunk during rush hour when children were likely playing in the residential neighborhoods near or around Piedmont and Monroe. Thank goodness he was stopped before he wreaked more havoc. Second, because there were so many accident victims, it is likely that none will be fully compensated from the insurance policy of the drunk driver.

While insurance policies do cover DUI accidents, victims' recoveries can be limited by the liability insurance policy. Typically these policies are written so that there is one dollar policy limit for each individual crash victim and another for all crash victims. For instance, the policy may read "25/50". This means that the most any one victim can obtain is $25,000 and the most that all victims can get is $50,000. Even if a drunk driver kills someone, under the 25/50 policy, the most that drunk driver victim's family could sue for is $25,000. Even if multiple victims are killed, the most the insurance company is required to pay out under that policy is $50,000.

How do you protect yourself? Please see my next post for an answer.

Police: Drunk Wrong-Way Driver Caused 9 Crashes, WSBTV.com, June 18, 2009