Atlanta Injury Attorneys Blog

The Georgia Department of Transportation has confirmed the death of a pedestrian earlier this morning in Dekalb County. This occurred at about 4:30 a.m. and is currently under investigation. I have handled many pedestrian death and injury cases in my practice as an Atlanta catastrophic injury lawyer and in each case various factors converge to cause these tragic situations.

In this matter, we do not know the state of mind of the pedestrian. Perhaps he was in shock after the initial accident and did not realize what he was doing in entering the Interstate as a pedestrian or perhaps he was under the influence of drugs or alcohol.

We do know a few key facts. According to the early reports, after being involved in a crash on the westbound side of Interstate 285 in DeKalb County, the driver exited his vehicle and jumped over the median wall. Investigators believe that he hit another car and then came to a stop. After jumping the median wall, he entered the eastbound lanes of traffic on foot and was tragically hit by several vehicles. Authorities do not appear to intend to file any charges against the drivers that hit the man.

Pedestrian injuries and deaths are very prevalent across the country. The statistics are moving in the wrong direction.

According to a report last year in USA TODAY, in the first half of 2011 Americans saw a trend that increased pedestrian fatalities after several years in which traffic deaths were on the decline by about 8% overall.

There is some speculation that the increase in pedestrian deaths could be due to "talking and texting, or walking while intoxicated, and more exposure as people pursue active lifestyles that emphasize walk-able communities." A spokesperson for the Governors Highway Safety Association has noted that " '[j}ust as drivers need to focus on driving safety, pedestrians need to focus on walking safely.' "

An example of how pedestrians might be putting themselves at risk comes out of statistics in Oregon. There, pedestrian deaths climbed in early 2010 after they had declined to a six decade low. Sadly, alcohol and drugs were involved in over half the deaths in that state during that period of time. But at the same time, we can assume that distracted drivers also must have something to do with the uptick in pedestrian accidents.

Transportation for America has noted that many pedestrian deaths occur on roads that are high speed and that surround neighborhoods. These arterial roads can be very dangerous to pedestrians as speed is a significant factor in pedestrian accidents and deaths.

The Law Offices of P. Charles Scholle, P.C., has represented accident victims and their families for nearly two decades. We have built our reputation by representing our clients with care and compassion. Please contact us for a free consultation. We represent clients in the Atlanta metro area and throughout Georgia.

Recently, I was driving in Atlanta and noticed a young driver with a cell phone in hand apparently texting. This driver barely looked up at a crosswalk ... what if there had been a pedestrian in that crosswalk? As a Gwinnett County injury attorney, I have represented many victims of accidents that could have been avoided, but were the result of careless or negligent behavior or actions.

In the past decade nearly 50,000 people were killed as pedestrians in our country. In the same time period, 688,000 pedestrians were injured in America while walking on our roads. That amounts to one person being hit by a car or truck every 7 minutes.

Unfortunately, the battle for our safety as pedestrians in getting more complicated. The organization Transportation for America reports that the focus for transportation agencies is speeding, not pedestrian safety. And as we are more distracted while we drive, doing things like talking on the phone and texting which is prohibited by law in many states, pedestrians are more vulnerable to being catastrophically injured by a vehicle.

Georgia bans texting while driving, but allows the use of cell phones. 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." Reading a text is prohibited, which is a clear statement that our lawmakers want us to keep our eyes on the road.

At least there is a little good news for Georgia with regard to pedestrian safety. Our state did not make the top ten most dangerous states in the country for pedestrian deaths. Cities in Florida, Texas and Arizona were in the top ten.

In the recent past, the Atlanta area has seen tragic cases involving the most vulnerable pedestrians, the elderly and children. Last summer, a Cobb County mother was tried for the pedestrian death of one of her children.

Transportation for America says that these segments, as well as "racial and ethnic minorities are disproportionately represented" as vulnerable while walking on our streets. As noted by the organization, "the majority of these deaths ... occurred along "arterial" roadways that were dangerous by design, streets engineered for speeding traffic with little or no provision for people on foot, in wheelchairs or on bicycles."

As Georgians get out and move when the weather improves, both drivers and pedestrians must use caution to avoid one another. We hope that communities encourage getting out in the fresh air and moving for our health. We also appreciate efforts to make roads safer for all who use them.

If you have any questions about an accident or injury you have suffered, the Law Offices of P. Charles Scholle is here to help. Please contact my law firm to arrange for a free consultation with me on matters ranging from truck accidents, motorcycle crashes, pedestrian accidents, wrongful death and estate administration. We have offices throughout the Atlanta area in Duluth, Buckhead, the Perimeter and Decatur. for your convenience.

It should have been just another bus ride home to his mom, but it ended in tragedy. The Atlanta Journal-Constitution reports that earlier this week an 8-year old Cartersville boy was struck by a school bus and died on the scene at the Cartersville bus barn. This tragic school bus accident has the local community in shock.

The Atlanta Injury Attorneys Blog posted recently about two teens that were struck and killed while walking on a rural Hephzibah road. When tragedy strikes, we question why. How could a young boy be taken in such a tragic accident? A tragedy like this causes all Georgians to think about keeping our loved ones, and especially our children, safe. What seems like a normal day can turn into devastation in the blink of an eye.

In the Cartersville tragedy, the boy rode in a school bus and was dropped off at the bus barn only to be killed after exiting the bus. That bus was driven by a relative. The boy had probably done this many times before, because his mother worked at the bus barn. Tragically, on this day the young boy got off his bus at the barn and then apparently walked around the bus in which he had been riding. The boy was killed by a school bus that was in the area of the bus barn.

Sadly, the school bus driver who was driving the bus that struck and killed the young boy was apparently also a long-term employee with an excellent record. Authorities are investigating the incident, but say charges are unlikely to be filed. Certainly, that driver's sorrow must also be terribly difficult.

The Cartersville school system is understandably in shock over this tragedy. The assistant superintendant of schools spoke to the AJC about the closely-knit community and their care for one another: " 'Words do not fully capture the pain our hearts feel at this time; and we join with [the family] as we grieve together.' "

We are often reminded of the importance of wearing white or reflective gear at night while walking or riding a bicycle. But we do not want to be reminded due to a tragedy.

The Atlanta Injury Attorneys blog is very sad to report of just such a tragedy involving two Georgia teens that died earlier this week while walking on a rural road at night. They were not wearing white, reflective clothing or carrying flashlights.

We do not know whether the accident would have been avoided had the teens been more visible, but it is important to take every precaution possible in the circumstances in which these Georgia teens were killed. Our hearts go out the families of these fine teenagers.

The August Chronicle reports that two Hephzibah teenagers, who were walking along a rural dark road with two other friends at about 8 in the evening, were struck and killed by a driver of a Jeep. The two teens that had been hit died on the scene. Apparently the teens had attended a church service and were walking to a friend's home when the tragedy occurred.

It has not yet been determined whether the driver was speeding as he rounded a curve and struck the teens. The driver is a 20-year old man who has not yet been charged with any crimes related to the deaths and it is not yet clear whether he will be charged at all. It is also unclear where the teens were standing when they were struck as some accounts say they were on the side of the road and others say they were walking across the street.

The parents of the teens seem to be handling their grief as well as could be expected in these circumstances. One of them has constructed two crosses on the side of the road where the incident occurred which is permissible on rural roads in Georgia.

The Atlanta Injury Attorneys blog wants to take this opportunity and this tragedy to remind everyone that it is important to be visible to drivers while walking or riding a bike at night. Putting a small flashlight in your kids' backpacks or wearing jackets and shoes that have reflective strips will help avoid this type of tragedy if your kids end up walking home in the dark.

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.