Atlanta Injury Attorneys Blog

The Atlanta Journal-Constitution said it eloquently: "[t]here was nothing anyone could do, especially not in morning rush hour traffic." That is the way a tragic accident was described after a truck tire flew across I-85 into oncoming traffic, killing a woman.

A witness reported that the tire flew 50 feet in the air. Sadly, it landed directly on the roof and windshield of a van driven by a local mom who was driving her teen-age daughter to school. Although the teen was not physically harmed, she was helped by a witness who saw her screaming out of the roof of her mom's van. Her mother likely died instantly and the young teen was likely in shock.

There are no words for the pain she and her father and family must be feeling. My heart goes out to them. I understand the pain a fatal accident can cause as I have supported and counseled many families in my law practice as a DeKalb County auto accident lawyer.

The DeKalb County police are reported to have identified the owner of the 1998 Dodge Ram 3500 which lost its tire as the driver traveled northbound on I-85. A front tire not only came off the truck, but traveled over the concrete median.

Thus far, what caused the tire to come off the truck's wheel is not known. It is also not known whether the owner, who was also driving the truck at the time of the accident, will face any charges for the death of the other driver. According to reports, the driver advised that he moved his truck quickly away as he was avoiding a vehicle that had entered his lane. It is likely that investigators will want to know whether any work had been done recently on the wheel or the tire and whether it was properly mounted. They might also try to determine whether the truck had any defect or damage that would have caused the tire to fly off in a defensive move made by the truck's driver as he reported.

One witness described his fear and horror as he watched the accident unfold. He said he happened to be traveling behind the van that was hit directly by the flying tire. He also noted that the van driver probably saved lives since her foot was on the brake and she hit the median. Had she gone into traffic, even greater harm might have occurred to other vehicles.

The witness was truly a Good Samaritan and ran to help the screaming teen as he was concerned for her safety. He even checked the teen's mom to determine whether she was still alive. The young teen was taken to Children's Healthcare of Atlanta, but thankfully she was not injured seriously. The AJC also reports that the teen's father contacted the witness to thank him for caring for his daughter in such a terrifying circumstance. He has lost his wife so suddenly that he was likely still in shock.

Last summer, we learned about another tragic accident in which a young boy passed away after being hit by flying concrete, loosened from a median wall by a tractor-trailer. Road debris or flying debris can absolutely cause seriously harm or death on our roads. When you see something in the road that doesn't belong there, contact authorities so that it can be removed.

I read an article this morning about a very unusual emergency responder situation. As an Atlanta truck injury lawyer, I can say that I have never heard of a situation quite like this.

A flatbed truck in Nevada that was carrying bees, yes bees, and was pulled over on the side of the road. The driver said that his truck then became unstable as the road fell out from under his truck and tipped-over spilling the bees out into the area. Emergency responders arrived and the scene, but state troopers, sheriff's deputies and firefighters were stung -- some of them more than once. The truck driver will not be cited and he was not stung.

This situation got me thinking about the many times I have seen many motorists traveling in different types of vehicles, that seem to be unaware of their role when an emergency responder is trying to either get to the scene or is at the scene of an accident. Because there can be very serious consequences for those involved in the emergency, I think it is important to remind readers about Georgia's rules with regard to emergency vehicles.

Our duty as drivers requires that we avoid emergency and road personnel who are on the shoulder of the road. Our duty to allow emergency vehicles to pass is actually quite critical in ensuring that the emergency vehicles can get to the scene of a motorvehicle crash or other medical emergency, fire or crime in progress.

Unfortunately, I often see drivers who seem to ignore the sirens and drive normally when an emergency vehicle has its siren and / or lights on. This is a very dangerous practice for all. And it is prohibited by Georgia law.

When drivers come upon a scene in which there are emergency vehicles pulled over the shoulder, Georgia's Move Over Law requires drivers to safely move over on lane to ensure the safety of those working on the side of the road. Official Code of Georgia Annotated section 40-6-16 requires this move over and if that is not possible, the driver is required to reduce speed. A failure to comply, can lead to a fine of not more than $500. This is intended to protect first responders, those involved in Georgia's road maintenance. The law was enacted because there have been serious injuries and even fatalities when our police, fire or maintenance workers are doing their jobs to keep us safe.

Similarly, Official Code of Georgia section 40-6-74 sets out a driver's duty to yield to emergency vehicles. That provision states that: "(a) Upon the immediate approach of an authorized emergency vehicle or a vehicle belonging to a federal, state, or local law enforcement agency making use of an audible signal and visual signals meeting the requirements of Code Section 40-6-6, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle or law enforcement vehicle has passed, except when otherwise directed by a police officer."

As a truck accident lawyer, I am well-aware of the dangers of large heavy vehicles and driver fatigue. But the statistics on the truckers coming off the oil and gas fields in our country are truly shocking and alarming.

Recently, I read a fine New York Times article that stunned me, as it likely did other readers. Apparently, highway crashes, are actually the greatest danger to oil and gas field truckers, which is not what you might expect.

The data collected by the Centers for Disease Control right here in Atlanta are quite stark. Almost one third of oil field worker deaths are the result of highway fatality, but for other industries highway accidents account for around one fifth of these fatalities.

The high rate of death might be related to the fact that oil field exemptions allow truckers to work longer hours than in most regulated industries. This puts the drivers, their co-workers and the public at risk. These workers can work a 14 hour maximum day. But it seems that some days are far longer than that.

In the article, the sad case of one worker is recounted. He nearly lost his life in one trucking accident, only to be killed in a second trucking accident. His company was cited for "allowing or requiring truckers to drive after the legal limit of 14 hours per shift" and although they were fined and lost their federal transportation registration, they got around this in a dangerously clever way.

The controversy over this situation has been the subject of much discussion and angst and frankly, grief. The families of these workers obviously suffer greatly over the losses of their family members.

The National Transportation Safety Board has gone on record as stating that they are against the exemptions that can increase the chances that a serious accident can result. I agree with their position and the reports are sobering about what this means for the future because more wells will come on line in the next ten years. And the methods being used put more and more trucks on the road because new methods require much more water than old methods. But the problem is that this industry, as great as it might be for our economy and new jobs, allows companies to avoid the rules that other industries must follow.

The NYT report sets out the CDC data which reveals that in just one year, 2003-2004, the fatalities of oil and gas workers grew by an alarming fifteen percent. This is attributed to less experienced workers, long hours and older or unsafe equipment summoned into action to deal with the energy boom.

There are many ways in which the oil and gas industry is permitted to avoid reporting to health and safety agencies, something that seems to directly relate to the increased trucking fatalities. I will keep readers posted on whether there is any move to lift these exemptions, which may well be contributing to highway and worker deaths.

A Fulton County State Court judge has issued an order that effectively closes the case involving the death of a Georgia Department of Transportation HERO driver that occurred last year. As a Gwinnett County truck injury and wrongful death lawyer, I have been following this tragic case and wanted to share with readers the outcome for the offending driver.

The judge in the tragic deadly accident ordered the truck driver to a year of probation, loss of commercial driver's license for a year and other penalties. The closure of the matter is the result of a plea bargain reached earlier this week.

The accused truck driver caused the "HERO" operator's death while he worked on Interstate-85. The driver had been charged with second-degree vehicular homicide in the death of the HERO operator who was hit while assisting an Atlanta driver. He was the first such operator to lose his life in the line of duty.

The charged truck driver was towing a trailer behind his pick up truck. The family of the deceased HERO operator was hoping for the offending driver to spend time in jail. The offense carries a one-year maximum prison sentence. But that was not to be.

The Official Code of Georgia Annotated section § 40-6-393 (c) provides that "Any person who causes the death of another person, without an intention to do so ... commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3." This would have allowed a prison sentence for the truck driver in this case.

Even in Gwinnett County, we have seen injury to HERO workers while they do their work. The GDOT has asked drivers to slow down and help keep these workers safe while they help us and our community.

As a Gwinnett County, Georgia truck crash lawyer with offices throughout the Atlanta area, I represent victims involved in truck accidents who have sustained injuries in all surrounding cities and counties, including Duluth, Fulton County, Grayson, Gwinnett County and more. Please contact our law firm for a free confidential consultation at our main Gwinnett County law office, or at our offices in Decatur, the Perimeter and Buckhead.

Earlier this week, a major interstate highway was partially closed due to a tractor-trailer crash which involved several passenger vehicles. Here in Georgia, I have represented many victims and families impacted by tractor-trailer accidents in my work as an Atlanta truck accident lawyer. These accidents can be devastating.

In this recent accident, which occurred in a nearby southern state, the scenario is one we have seen often in the Atlanta area. The truck driver changed lanes and struck a car in the lane next to his. He lost control of his truck and ran off the roadway, striking the jersey wall at the edge of the roadway. The debris from the impact hit two other cars traveling on the road. He was cited with making an unsafe lane change.

Everyone involved was wearing a seatbelt and there were only minor injuries. The very busy Interstate 95 was partially closed as it had been with another truck crash only days before near this crash site.

As noted in my ebook, Back on the Road, What to do After a Serious Semi, Tractor Trailer or Truck Accident in Georgia , an unsafe maneuver is a common cause of truck accidents. Georgia truck drivers must comply not only with the Georgia rules and regulations for driving safety, but the federal trucking regulations that are promulgated by the Federal Motor Carrier Safety Administration which govern commercial vehicle operation, are often involved as well.

The federal regulations require motor carriers, such as trucking companies, to ensure that they hire and train drivers in compliance with federal standards. When a truck accident occurs, it is important to determine whether the motor carrier has complied with such important standards as ensuring that drivers hold a commercial driver's license and have a good safety record. These standards are very strict and are intended for public safety because truck accidents can be very devastating and cause serious and catastrophic injuries.

Georgia's trucking laws also protect our roadways with standards and rules for trucking companies and drivers. The improper of erratic change of lanes is an important safety area with which truck drivers must comply. When drivers do not comply, they can eventually lose their licenses to drive and their livelihood.

The Official Code of Georgia Annotated section 40-5-151 provides that a serious traffic violation, such as a dangerous lane change, can result in a license suspension of not less than 60 days for two serious traffic violations within a three year period and for not less than 120 days if convicted of a third or subsequent traffic violation that is deemed serious. In addition to these punishments, Georgia commercial motor vehicle rules provide that drivers can lose a license after certain violations occur.

My law firm specializes in serious injury and accident cases. Truck accidents can be devastating and require the expertise and experience to build a legal case. Please contact my Gwinnett County and Atlanta area law offices if you have been injured in a truck accident in the Atlanta, Georgia area. I will consult with you at no charge to evaluate your commercial vehicle accident rights and remedies.

What would you do if a live wire fell on your vehicle? Do you know what safety calls for in this situation? Sometimes I get asked very good questions like this in my practice as an Atlanta truck accident lawyer. Well, if you do not know the answer to this question, a somewhat unusual car and truck accident this morning in Atlanta might be instructive.

Earlier today, the driver of a Honda said she had no recollection of hitting either a power pole or fire hydrant on West Marietta Street. The impact resulted in live wires being strewn across a semi-truck with the driver inside. She told the Atlanta-Journal Constitution that she "was at the stoplight and ... blacked out."

Atlanta Fire Rescue was called to the West Marietta Street location where traffic was shut down in the eastbound direction and local power was out for a while.

What is very important to note in this situation is that the driver of the semi-truck did not exit his vehicle because he knew to remain in his cab until he knew that the power had been cut. Had he tried to leave his vehicle, Atlanta Fire Capt. Bobby Ferrell said " 'the downed wires could have proved lethal."

He explained that those within a vehicle near a downed wire should " '[n]ever open the door and get out of your car when wires are down' " since we should "treat all downed wires as if they are live and energized." That might be easier said than done as it would be a very difficult experience to wait for the authorities. But this advice could save a life.

The driver of the vehicle was mainly concerned that her insurance will increase based on this incident. She may be responsible for the damages she caused to the fire hydrant and the power lines, but her carrier would likely pay for this. Insurance carriers can increase your insurance premiums based on your driving record. If a medical condition caused the accident, she still might be responsible for what occurred to public property.

Georgia's Office of Insurance and Safety Fire Commissioner provides an Automobile Insurance Rate Comparison calculator for consumers looking for insurance. Rates vary depending on many circumstances, but this comparison can be helpful to those seeking to find insurance.

As a Georgia accident and insurance lawyer, I am aware that many drivers do not know what their policies cover or provide and when an accident occurs they need expert help. Sometimes the language is difficult to understand and is not written in plain English -- which would make the insurance contract more accessible to the average person.

Whether or not you believe you have insurance that will cover an injury or damage after an accident, it is vital to get the help of a professional who can guide you through the process. And, as I always advise clients, do not talk with the carrier without professional support. Insurance companies often try to intimidate their policyholders after and accident hoping they can reach a quick settlement that is likely not the most fair settlement for you.

As an experienced Georgia personal injury attorney, I can guide you through your insurance concerns. Often there is not one, but several policies that can pay your claim. Insurance is often "stackable" meaning that you could obtain the policy limits of several policies, thereby increasing the total recovery.

Insurance companies are very experienced at avoiding payment of claims. If you have been injured in an automobile or other motor vehicle accident and have any questions about your insurance coverage or your ability to recover your medical and other damages from another driver, please contact me at the Georgia Law Offices of P. Charles Scholle. As an Atlanta car crash and bus crash lawyer, I have the knowledge and experience to help victims get through the legal process.

We all should know that pedestrians and interstates don't mix. In a tragic series of events that was reported by the Atlanta-Journal Constitution this week, we have learned that indeed this can lead to the worst possible tragedy. In my law practice as a Gwinnett County truck accident lawyer, I have represented many clients that have faced terrible events and circumstances. It is never easy to make sense of something that seems so senseless and avoidable.

This tragedy unfolded Thanksgiving week as parents in North Carolina became alarmed after their son, at student in Austin, Texas, went missing before the Thanksgiving holiday. The young man's father received a call from his son who was traveling home for Thanksgiving. When he called his dad to say he had run out of gasoline -- his father wisely suggested that he contact AAA. But he also asked his son to call him back, but never heard from him again.

What happened after this is something that the Gwinnett County authorities are trying to piece together. A witness reported to 911 he had seen a man running across I-985 and that he had nearly hit the man. Although after this 911 call the police looked for the pedestrian, they could not find him on either side of the road.

At some point while the victim walked on I-85, the 26-year old student was killed by a tractor-trailer in Gwinnett County. This occurred nearly 24 hours after the call to his father. The police have no idea what happened in the intervening hours. They do know that a tractor-trailer hit the man in the early morning hours as he walked inside a lane. The truck driver was not under the influence and is not being charged in this tragedy.

He was not carrying identification as he walked the road. It is not known whether he left his car with his id. Sadly, the only way he could be identified was by the tattoos on his body, which were published by the police in an effort to identify the deceased. A family friend saw these photos and sent them to the family. They immediately knew this was their missing son.

His car was eventually located on the side of the road along I-985. The young man had been studying at AOMA Graduate School of Integrated Medicine. The family is still left with questions about what happened to their son.

What is the lesson in this tragedy? It is difficult to know what this young man faced as he had no gas and was in an area he did not know. But perhaps his situation can help others to prepare for a long trip to avoid tragedy.

If you are driving a long distance, bring an extra cell phone battery. Make sure that you stop for gas well before you are in a crisis ... this might mean stopping when you gas tank is still a quarter full, but at least you might avoid trying to find gas in an unfamiliar place late at night. Make sure that you have a copy of your roadside assistance information with you and a copy of that in your vehicle. Never walk on an Interstate highway. Call 911 and tell them where you are if you are in a mechanical or fuel emergency.

If you have any questions about an accident or injury that was caused by a tractor-trailer or other commercial vehicle, please contact me at the Law Offices of P. Charles Scholle, PC for a free consultation. There is absolutely no fee for this evaluation. I handle motor vehicle and truck injury cases throughout the Atlanta region and in all surrounding cities and counties, including Duluth, Fulton County, Grayson, Gwinnett County and more.

As a supplement to our previous post concerning a tragic Atlanta auto accident fatality at the intersection of MLK Drive and Westlake Boulevard, we want to report received a call from a witness to the wreck who did not want to be identified. This witness claimed that the accident was "100% the fault of the truck driver." The witness claimed that the truck turned into the oncoming path of the Toyota. She claimed that she stayed for more than an hour after the accident but that the police would not talk to her.

With auto accidents involving a wrongful death in Georgia, state authorities routinely perform a SCRT Team investigation. The SCRT Team is a specially-trained group from the Georgia State Patrol which conducts a very thorough forensic evaluation, taking measurements, auto damage assessments and witness interviews. I recently learned, however. that the SCRT Team is not always called in. I am the attorney in a pedestrian fatality in Gwinnett County where no SCRTinvestigation was done. Evidently, there is some discretion by local law enforcement.

Hopefully, there will be further investigation in this case so that the conflicting accounts by witnesses are reconciled and the true facts are ascertained.

As an Atlanta car accident attorney, it is always heartbreaking to learn of a tragic death in our area. Saturday evening a head-on collision occurred while a vehicle traveled westbound on Martin Luther King Jr. drive at the intersection of Westlake Boulevard. In this Fulton County truck accident -- the truck driver had no warning of the impending crash as he drove southbound on an Atlanta street.

According the report published in the Atlanta Journal-Constitution, the westbound vehicle driven by Justin Moss, crossed over into the oncoming lane and crashed into a truck. Mr. Moss who was an Atlanta resident and 18 years of age, was driving the westbound vehicle and was identified by the Fulton County Medical Examiner's Office. He was pronounced dead on the scene of the accident.

Two others were injured in this accident. A passenger in Mr. Moss' vehicle was taken to Grady Memorial Hospital in critical condtion. The driver of the truck that was struck by the westbound vehicle, was also taken to Grady Memorial in critical, but stable condition.

Head on collisions are among the most dangerous of all motor vehicle accidents. Even with the introduction of air bags, which we do not yet know were in the vehicles involved in this accident, many Americans are killed or catastrophically injured in these dangerous collisions every year.

And no population is more vulnerable to death on the road than teens. The Department of Transportation launched an effort several years ago to improve the safety of teen drivers since motor vehicle accidents are the leading cause of death of those between the ages of 15 - 20 years of age.

We do not yet know whether alcohol or other factors were a part of this tragic accident.

Important safety news this week from Toyota as it issues a major recall for one of its most popular trucks. As an Atlanta and Atlanta truck accident lawyer and Atlanta metro area motor vehicle accident lawyer, I want readers of the Atlanta Injury Attorneys Blog to be informed about this recall and to take action if they own one of the recalled trucks.

The recall involves about 51,000 Tundra trucks. The potential problem? The rear drive shafts must be inspected for a component that could break.

Although to date, no truck accidents or injuries have occurred, one slip yoke has failed and there is a risk of catastrophic personal injury with a drive shaft problem in other trucks with parts that were created at the same time as the failed part.

According to Toyota Motor Sales USA Inc., only 0.5 percent of these trucks potentially have the faulty slip yoke. This problem occurred in the casting of the part at the foundry process. The company is aware of one slip yoke failure. There are no reports of accidents or injuries related to the condition at this point.

Toyota is no stranger to potential defects in their vehicles and their handling of recalls in the recent past. From gas pedals that were believed to stick and cause accelleration dangers, to floor mat defects, the company has been inundated with negative press and slammed with a big bill of nearly $50 million from the federal government for the way they handled the recalls. The company has also been named in numerous law suits for these defects and recalls.

Toyota will inspect your Tundra and replace the defective part at no cost to owners. In addition to the problem with the Tundra, a separate recall has been issued for more than 300,000 RAV4 and Highlander vehicles to correct an airbag issue from 2007-2008 model years. Owners should consult the Toyota website or call their local dealer to get their cars inspected.