Atlanta Injury Attorneys Blog

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" »

Studies show that texting while driving increases your chances of crashing by 20 times. Even using your phone in a hands-free mode is dangerous since it's a "cognitive distraction" which may decrease driving performance. In fact, texting and other distracted driving account for nearly 80% of all automobile accidents.
The effects of car accidents can be devastating. Crashes may results in death and catastrophic injuries, including brain injuries, paralysis and severe burns.

According to the Department of Transportation cell phones are involved in 1.6 million accidents a year, causing half a million injuries and 6,000 deaths.

Teens are especially hard hit. Just this past December a Georgia teenager died while texting his girlfriend. Statistics show the motor vehicle death rate of teens caused by cell phones is 21 percent and rising by 4 percent a year.

A bill aimed at Georgia teens passed the Georgia House last March, but has since stalled. Two more texting bills desgined to ban texting while driving have been introduced. Because of the extreme risks involved, It's crucial we pass these laws to ensure the safety of our Georgia roadways and drivers.

Texting accidents are not limited to automobile accidents. Driver texting has been found as a culprit in trucking accidents, bus accidents and train accidents. In order to address this growing problem, in late January the U.S. Department of Transportation announced it would ban drivers of commercial vehicles from using their cell phone to send text message, effective immediately. Truck and bus drivers who text while driving commercial vehicles may be subject to civil or criminal penalties of up to $2750.

Continue reading "Georgia Motor Vehicle Accidents - Texting While Driving Increases Risk of Serious Injury or Death" »

The most common serious injury suffered by the victim of an auto, truck, boat, motorcycle or other vehicle accident in Georgia is a back or spinal cord injury.

Spinal cord injuries are extremely serious and require immediate medical attention. The symptoms depend on the severity and location of the trauma. A "complete spinal cord injury" is defined as an injury where the nerves are not functional at any point below the injury, where with a "partial spinal cord injury" there is some nerve function below the injury.

The human body has 24 movable vertebrae: 7 cervical, 12 thoracic and 5 lumbar. The spinal nerves wind through the spinal canal. The cervical vertebrae are in the area of the neck, the thoracic center around the upper back and the lumbar are associated with the lower back. The vertebrae are numbered in sequential order with #1 at the top, so C1 would be the top cervical vertebra and C7 the bottom cervical vertebra and the one above T1. An injury occurring higher up the spinal cord results in relatively more paralysis than one affecting the lower vertebrae.

A complete spinal cord injury in the C1 region is considered a catastrophic spinal injury and could affect a victim's breathing and result in quardraplegia, paralysis of all limbs. A compete injury of the thoracic or lumbar vertebrae might result in paraplegia, or paralysis of the arms or legs. Other symptoms of spinal cord injuries could include: stiffness or spasticity of the affected arms or legs, loss of bowel or bladder control and sexual dysfunction.

Treatment of the injury for spinal cord usually consists of 3 distinct phases:

1. Stabilization of the injury and minimization of further injury to the spinal cord;

2. Rehabilitation of the injury so that the patient can function at maximum mobility;

3. Coping with the injury and the life changes associated with any permanent impairments.

More than 10,000 American suffer serious spinal injuries each year. Most of these occur in automobile wrecks and trucking accidents. Motorcycle accidents and boating crashes are other common causes. If you are injured in an accident, even if you don't necessarily feel seriously hurt, seek medical attention immediately. If the injury is a complete spinal cord injury, you will likely have no choice. However, even with a partial spine injury, wait for the ambulance. Adrenaline may cause you to feel stronger and less injured than you really are. You can make the injury worse if you don't stop moving immediately.

I represented a man with a partial spinal injury who exacerbated the injury by his unrestrained movement after the fact. Not only was he more severely injured than he should have been, but he also could not seek damages for the exacerbation caused by his post-accident movement, as it was not caused directly by the wreck. Don't let this happen to you. And, by the way, wear your seatbelt in your vehicle and your helmet on your motorcycle because a severe head or brain injury is not just devastating, it's likely fatal.

Hire a lawyer who is experienced in cases involving spinal cord and head injuries. The medical details can be confusing, and you don't your lawyer to learn on the job when so much is at stake.

The most common serious injury in a vehicle accident is a back or neck injury. With so many cars in Atlanta, Gwinnett County and the surrounding areas, I have seen my share of clients with major back and neck pain. Everyone understands that back injuries are serious. Tragically, the effects of a spinal cord injury are immediate obvious. Spinal cord injuries that result in paralysis are catastrophic and devastating. But, what about serious back injuries that are not obvious at the time of an auto accident, truck wreck or motorcycle crash? Herniated discs, slipped discs, ruptured discs and bulging disks are just those types of injuries. These may not be catastrophic injuries, but they are often permanent injuries affecting the victim for the rest of his or her life.

Disc injuries are almost never diagnosed on a trip to an emergency room. In fact they cannot be detected with an X-ray, CT scan or the other types of diagnostic equipment typically at a hospital ER. Instead, if an accident victim complains about a back or neck injury, and there is no bone fracture, the ER doctor will typically advise a patient to follow up with an orthopedic doctor if the pain persists. If the patient does so, the orthopedic doctor will typically advise the patient to seek physical therapy or massage therapy. Only after all conservative measures are exhausted, will a doctor order a magnetic resonance image (MRI) of the affected area. Sometimes, he will only do so at the insistence of the patient. MRIs can be expensive, and insurance companies do not want to pay for them.

The MRI will show the orthopedist the state of the cartilaginous discs in between the spinal vertebrae. These discs are filled with fluid and allow the spine to bend and twist, allowing normal torso movement. When a bulging disc is suffered, the disc has swelled or is otherwise "bulging" in one area relative to the rest of the disc. More seriously, a disc can become herniated or ruptured, and all that spinal fluid that keeps the disc hydrated can leak out. The disc can then become brittle and lose its elasticity. Unfortunately, this fluid cannot be put back in, and the disc cannot heal or become whole again.

Herniated discs are very serious injuries, and anyone who has suffered a herniated disc in an accident that was caused by someone else should seek the services of an excellent back and spine injury attorney. Surgical options are typically limited and imperfect for disc injuries. The doctor could perform a discectomy, where he or she removes the shredded disc. Alternatively, the doctor may "fuse" several vertebrae together. Obviously, fusing vertebrae together does not result in the type of mobility one enjoyed before this procedure. There is simply not a lot that can be done to make the patient the way they were before. After surgery, a victim of a herniated or ruptured disc may still suffer debilitating pain. This is one reason people get addicted to pain medications.

Perhaps medical science will advance to the point that herniated or ruptured discs can be made perfect by surgical procedure. Until that day comes, one needs to make sure that they are fully compensated for their future medical costs, pain and suffering.

I am asked this question all the time in my practice by people who have been seriously injured in an auto accident, truck accident or motorcycle accident. After all, a personal injury or wrongful death wreck case is not really worth pursuing unless the offending driver had insurance, right? Well, unless the person that hit you is really wealthy, that's right. Of course, if that tortfeasor was wealthy, he or she would probably have insurance. You are much more likely to be hit by a poor person or be a victim of a drunk driver without insurance. Why is that so? Think about it. I could get into the socio-economics of that debate, but I have limited space here. Here's what to do if you want to find out if the other driver or drivers in your accident had auto insurance.

First, go to the Georgia Motor Vehicle Accident Report. A Georgia accident report has conspicuous blanks for the insurance information of all parties. Police officers are required to obtain insurance for both drivers in a wreck, and I have found they do a very good job. Making sure all the parties have the insurance information of the others is really the main point of the accident report process. Contrary to popular belief, it is not to assign blame. With the insurance info in the hands of the parties, the officer and his department can rely on the insurance companies to sort out the details while they get back to protecting and serving. It is against Georgia law to drive without insurance, and an officer can and will arrest a driver who he discovers does not have insurance at the scene of a wreck.

Second, if the Georgia accident report does not exist or does not reveal the insurance company, you have the right to ask the other driver to give you his insurance information. The Official Code of Georgia § 33-3-28 (a)(2) requires an insured to disclose the name of his or her insurer within thirty (30) days of receiving a written request for that information from the claimant. If you read the statute, however, you will discover that it is relatively toothless. There are no useful penalties for failure to comply. You could sue the other driver, but you might as well sue him for your injuries.

Third, you can try the Georgia Department of Revenue - Motor Vehicle Division - (404) 362-6500. This office is the official repository for this information in Georgia. However, you need the vehicle identification number of other driver's car or truck.

Fourth, you can go to an experienced Georgia personal injury attorney. If you have a case the lawyer will accept, he will start by making a demand pursuant to Official Code of Georgia § 33-3-28 (a)(2). If all else fails, he or she can just file suit. The courts will require the surrender of the insurance information. In many cases, there are not one but several policies that can pay your claim. Many times this insurance is "stackable" meaning that you could obtain the policy limits of several policies, thereby increasing the total recovery.

If a Georgia Auto Accident or truck accident results in the death of a driver, passenger or bystander, a Georgia Motor Vehicle Accident Report is drafted by the investigating police officer, just like for any other accident. However, when a fatality is involved, Georgia law requires that a supplemental accident report be drafted by specially trained officers. Sometimes these officers work for police departments, but rural areas and small cities may not possess the resources to staff a specially trained team. Usually, if a municipality does not have appropriate personnel, then the county will provide a team. If the county does not have a team, then another local jurisdiction can provide a team. If no local officers are qualified, then the Georgia State Patrol will investigate and draft the fatality accident report supplement.

What do these specially trained officers do? Well, they perform a complete forensic investigation, including but not limited to: a) an evaluation of the collision dynamics; b) a mechanical inspection of the vehicles; c) a more thorough identification and interview process for drivers, passengers and witnesses; d) speed calculations; e) time and distance studies; f) crash data downloads from on board vehicle computers on tractor trailer rigs that have been involved in serious accidents; and g) computer animations. If you have ever driven in metro Atlanta or Gwinnett, Cobb or Dekalb Counties near major interstates, you know that if an accident has resulted in a death, that the entire road can be shut down for hours. These teams do their jobs carefully, regardless of the ambient chaos around them.

The most highly trained of these Georgia accident investigation teams are the Specialized Collision Reconstruction Teams of the Georgia State Patrol. SCRT units were authorized in 1997 after the Prosecuting Attorneys' Council of Georgia demanded greater emphasis be placed on forensic examinations so that serious violators of Georgia's traffic laws could be prosecuted and so Georgia DUI accident victims could obtain justice. SCRT officers receive over 1100 hours of comprehensive training in traffic accident investigation and reconstruction. Since January 1998, the SCRT units have conducted over 2000 fatal crash investigations. There are 5 SCRT teams in Georgia, spread out among the state so that they can cover all regions of Georgia quickly and efficiently.

Georgia Accident Reports and supplements for fatal car or truck accidents can be difficult to make sense of. You should contact an experienced Georgia wrongful death attorney to obtain copies and discuss the contents with the investigating officers. The reports, including any SCRT Reports, should be available through the Georgia Open Records Act.

Like any accident report, time is of the essence when mistakes are made. Mistakes can become "facts" if not corrected. Be diligent in obtaining and reviewing a report should a tragedy occur.

As a Georgia 18-wheeler accident lawyer, I was disturbed to read recently that trucking companies in our state and elsewhere are still on the road despite a clear federal order to shut down for safety reasons. According to the Associated Press, a report by the Government Accountability Office shows that hundreds or even thousands of "motor carriers" -- trucking and bus companies -- that were ordered to shut down because of safety violations stayed in business by simply changing their names. These "reincarnated" companies use different names but the same addresses, owners and contact information. As of late July, the GAO said, more than 500 reincarnated carriers were still on the road. Georgia is one of at least nine states with the rogue companies.

All in all, the GAO found at least 1,073 trucking companies and 20 of 220 commercial bus companies that had changed their names after an order to shut down or pay thousands of dollars in fines. The safety problems with the original companies included failure to test drives for drugs and alcohol; use of unsafe vehicles and equipment; and failure to have a valid license. GAO investigator Greg Kutz said the reincarnated companies pose a public threat because they dodge their legal obligations to fix the safety problems that got them in trouble in the first place. In fact, the GAO said the number of reincarnated companies may be higher than its report estimated, because it looked only at exact matches between names and addresses, not partial matches or very similar information.

As an example of the dangers of these reincarnated companies, the AP cited a bus crash in Texas with multiple fatalities, caused by a blown tire. The bus company involved, Iguala BusMex, was owned by Angel de la Torre, former owner of Angel Tours Inc. Angel Tours had been ordered out of service two months before the crash after an "unsatisfactory review." Iguala BusMex was waiting for a permit from the federal government when the bus crashed in August of 2008, killing 17 members of a Vietnamese-American Catholic group. The Iguala BusMex bus that crashed had a retreaded tire installed on its steering axle -- a violation of federal regulations.

As a Metro Atlanta bus accident attorney, I am very concerned about the potential safety problems posed by these reincarnated companies. Federal safety regulations are in place to protect other drivers from serious accidents caused by mechanical failure or irresponsible driving by motor carriers. When companies openly break those rules -- to cut costs or out of simple carelessness -- they put their own truck drivers and everyone around them at serious risk. In a crash between large vehicle like a tractor-trailer and a passenger car, simple physics and well-documented statistics say the truck will always crush the smaller vehicle, endangering the lives of everyone inside. That is, innocent people almost always pay the price when trucking companies cut corners on safety.

Continue reading "Study Finds Georgia Among Nine States With Trucking Companies Still Operating After Shutdown Order" »

As a Metro Atlanta tractor-trailer accident attorney, I was happy to see a recent report in the Times-Georgian of Carroll County about a new campaign to educate the driving public about the dangers posed when a large truck collides with a passenger vehicle. According to the newspaper, the Georgia Department of Public Safety is stepping up enforcement of the law and trying to raise awareness as part of the Georgia Targeting Aggressive Cars and Trucks initiative. The current effort is the third wave of enforcement to hit west Georgia this year, combining efforts of state troopers, local sheriffs' deputies and the Motor Carrier Compliance Division of the DPS.

Joey Boatright, the Georgia State Patrol Villa Rica Post Commander, said drivers in both cars and trucks are sometimes responsible for the aggressive driving that can cause serious semi truck accidents. Large trucks need three times as much distance as cars to come to a complete stop, he said, when they're going at the same speed. That makes tailgating by both cars and big rigs extremely unsafe, he said, removing the space the truck needs to stop safely in an emergency. Blind spots on trucks are also an important issue for both kinds of drivers to be aware of. To raise that awareness, the article said, troopers cited about 300 vehicles on busy west Georgia roads in one week in mid-August. They also stepped up inspections of 18-wheelers, looking for mechanical and safety problems such as bad brakes or missing headlights.

As a Georgia trucking crash lawyer, I have seen the terrible injuries a trucking accident can cause firsthand. Commercial trucks weigh many times more than the average family car -- and in a crash, all of that extra weight translates into greater force. As a result, crashes between tractor-trailers and cars are much more likely than car-car crashes to be fatal or cause catastrophic, disabling injuries. That's true regardless of who caused the crash. When the stakes are this high, I believe both parties have a strong incentive as well as a legal duty to be extra careful about safety, leave enough following distance and follow state and federal safety laws designed to prevent these terrible accidents. Unfortunately, accident statistics show that too many drivers don't understand these risks, and thousands of lives are lost each year as a result.

Continue reading "Georgia State Troopers Launch Campaign to Raise Awareness of Dangers of Car-Big Rig Crash" »

A driver's failure to slow when entering morning traffic on Interstate 285 caused a fatal chain-reaction crash, the Atlanta Journal-Constitution reported Aug. 6. DeKalb County law enforcement said their believed an unnamed driver in an SUV caused the five-vehicle crash on the morning of Aug. 5. The article did not give details, but said the chain ultimately resulted in an 18-wheeler striking a group of motorcyclists. That crash killed motorcyclist Joseph Johnson of Clover, S.C. and injured three other riders, one seriously. The SUV driver also sustained moderate injuries.

Of course, it would be a mistake to make a judgment about fault without some of the facts missing from this article. But this set of facts makes it seem likely that the SUV driver was at fault. As a Metro Atlanta car wreck lawyer, I regularly use police reports to establish fault in the accidents I handle. (You can find much more about accident reports on my site, under Accident Report Resources.) A police report is not proof, but it is powerful evidence that a presumably neutral third party agrees that the defendant was at fault for the accident. If the DeKalb police say they believe the SUV driver caused the accident, that would be strong evidence in any Georgia car crash lawsuit victims decide to file. Any criminal charges or traffic tickets for the SUV driver could further strengthen the case.

The story also caught my eye because it involved a crash between a large truck and a motorcycle. Motorcyclists' rates of injury and death are considerably higher than other motorists', in part because their lack of a steel cage, seatbelts or airbags leaves them vulnerable in an accident. That would be especially true in an accident with a large truck, whose weight and size is hundreds of times greater than that of even the largest motorcycle. As a Gwinnett County, Georgia car accident attorney, I know that a collision with a big rig can kill or seriously injure people inside even large passenger vehicles. Motorcyclists in the same position would be likely to suffer wrongful deaths or very serious injuries.

Continue reading "Motorcyclist Dies in Metro Atlanta Morning Chain-Reaction Car Crash" »

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.

In what police are describing as a "freak" tractor trailer accident, a 29-year veteran of the Atlanta Fire Department was injured when a tire apparently flew off a passing tractor trailer and struck the firefighter, causing serious injury.

The firefighter was putting out brush fire along Interstate 285 near Langford Parkway in Atlanta when he was struck by a piece of the blown out tire, causing a brain injury and a lower spinal cord injury near his pelvis. The firefighter, Willie Surrey, 56, also suffered broken bones, cuts and bruises.

The firefighter was in critical condition, but he has since stabilized and is expected to recover. No charges were filed against the truck driver, but the Georgia State Patrol is investigating the accident.

This incident illustrates the dangers inherent in the operation of tractor trailers on the roadways. The momentum and force that are generated by these trucks travelling at great speed is enough to cause anything ejecting off the vehicles to be a lethal projectile.

When one is injured by a projectile ejected from a tractor trailer while driving, it is very likely that the driver of the rig will not stop because he does not even know he caused an accident or injury. In that circumstance, the injured party may not have any recourse against the tractor trailer driver, his employer or the insurance company. This makes it even more critical that you purchase the maximum allowable uninsured and underinsured coverage available. If you cannot identify the tortfeasing tractor trailer, your own insurance is your only hope.

Freak Accident Injures AFR Firefighter, June 13, 2009, MyFoxAtlanta.com

Firefighter Hit by Blown Tire Recovering, June 13, 2009, WSB News

Posted by Charles Scholle | Permalink | Email This Post

Posted In: Automobile Accidents , Catastrophic Personal Injury , Tractor Trailer Accidents

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