Atlanta Injury Attorneys Blog

Alcohol consumption might be a factor in a tragedy that has stunned the Gwinnett County community. As a Gwinnett County car accident and wrongful death lawyer, I am saddened to report that drivers in our area simply have not learned the lesson that we know can lead to injury or death.

What happened to the two teens is under review. Authorities are piecing together the tragedy that took the lives of these young people. The two teens were cashiers at Kroger's in Grayson. They were tragically killed, and three others were injured, in this terrible car crash in Gwinnett County. The crash was a three-car head-on collision.

What we know thus far is as follows. One deceased teen was driving and the other was a passenger in the car, when the collision took place at the intersection of Webb Gin House Road and Grayson Highway. A third teen was a passenger in the back seat and was taken to Gwinnett Medical Center in critical condition.

It is thought that the vehicle driven by the teen, crossed the center line and swiped another car coming in the opposite direction. That vehicle's driver suffered only minor injuries, as did her passenger. The vehicle driven by the teen then spun out of control after the side-swipe over the center line and struck the third vehicle, a pick-up truck being driven by the driver who was then charged with DUI.

Grayson High School is grieving the loss of young life, as am I. We cannot know for sure whether the DUI driver could have evaded the oncoming vehicle had his response time been unimpaired. This is why it is a horrific mistake to drink and drive.

Georgia law is stringent and clear when it comes to DUI. The Official Code of Georgia Annotated § 40-6-391 prohibits driving under the influence of alcohol, drugs, or other intoxicating substances. The penalties for driving under the influence are also found in this provision. Drivers convicted of violating this provision are guilty of a misdemeanor on a first and second conviction, but on a third conviction drivers are guilty of a high and aggravated misdemeanor, and on a fourth or more conviction drivers are guilty of a felony. The penalties for these stepped-up convictions include monetary fines and prison sentences.

For many years now, I have been a financial supporter of Georgia Mothers Against Drunk Driving and I have also served as a member of the MADD executive committee. In my catastrophic personal injury law practice, I have represented the injured victims of drunk drivers. Like all supporters of Georgia Mothers Against Drunk Driving, I will continue to support the effort to get the message out that drinking and driving must be eliminated.

If you have been injured in an accident caused by a drunk driver, please contact The Law Offices of P. Charles Scholle, for a free consultation. We have conveniently located offices in Duluth and throughout the Atlanta area. We are able to support victims in pursuing their legal rights and recover from their injuries from these convenient locations.

A Christmas morning fire that took the lives of nearly an entire family, serves as an important safety warning for all Georgians for general and holiday fire safety. In my practice as a Gwinnett County catastrophic injury lawyer, I have helped many Georgia families who have experienced tragic accidents and wrongful death of loved ones.

Often families are able to eventually move past their grief and use the tragedy they have experienced to help others. That is what I hope will be the outcome of the terrible fire that took place over the Christmas holiday.

Please make sure that you are aware of how to keep your family safe from fire danger. It is important to learn about what you can do to ensure that tragedy does not happen to you as it did to the family members lost in the Christmas day fire.

Please keep in mind safety tips if you are building a fire in your fireplace this holiday season. Remember that hot embers stay hot for up to hours and hours. In the tragic Christmas day fire, the fireplace embers were likely removed from the fireplace and put in an entry way or near the trash.

A spokesperson interviewed by the Associated Press and published in the Atlanta-Journal Constitution after this fire noted that fireplace embers stay very hot for many hours and can be sufficiently hot to actually ignite a fire even a day after the fire has been put out. It is common sense that if embers are removed, they must be put in a metal container and should be taken outside for at least one day before putting them in the trash.

Make sure that your fireplace has been inspected by professionals before you use it, or if you have not used it recently. Make sure that you have smoke detectors in your home or apartment that are functional and that are placed in the correct locations. If your home is under renovation, it is very important that family members are not living in the renovation before it has been approved by authorities. It is thought that this could have been the case in this tragedy.

If you live in a single or a multiple story structure, it is important to have drills and safety routes for yourself and your family, especially from bedrooms in which family members might be sleeping when a fire breaks out. There are many safety products that are available for families to use for escape, including ladders that can be placed near windows.

In addition, consumers can avoid serious burn injuries and the fire dangers from dry Christmas trees by reviewing safety videos posted on the U.S. Fire Administration's website. The U.S. Fire Administration also has important information on its website about avoiding fires from Christmas lights and other sources. It might be surprising to consumers to learn that Christmas trees account for 240 fires annually which are most often caused by shorts in electrical lights, open flames from candles, lighters and matches. It is very important that live trees are well-watered to avoid dryness that can lead to fire danger.

When legal questions arise after an accident, injury or fatality, it is important to consult with an experienced serious injury lawyer with a record of success. If you have been injured in an accident, or have a family member who has tragically passed away due to the negligence of another, please contact the Law Offices of P. Charles Scholle, for a free consultation regarding your legal matter. We have convenient offices throughout Atlanta for your convenience in meeting with us.

In the recent past, the Atlanta Injury Attorneys Blog has posted on several tragic accidents involving families traveling across our beautiful country. The Atlanta-Journal Constitution carried an Associated Press report this past week on another deadly crash involving a semi-trailer and a passenger van carrying a family. As a Georgia truck accident lawyer, I have represented many families through the medical and legal aspects of major collisions such as this one.

The accident itself included a series of events that are not uncommon, but together ended in seven deaths. According to the report, ten extended family members were traveling on an Indiana Interstate on their way to a funeral. Among the passengers were three children and a newborn infant.

The minivan was traveling on the Interstate and struck a deer. After this occurred, a semi-trailer struck the mini-van from the rear. Due to the collision with the deer, the van slowed down considerably and was possibly stopped in its lane.

It was reported that the truck was traveling at the speed limit and struck the van from behind, hitting it so hard that portions of the van were crumpled under the truck's tires. The driver was not under the influence and was released from the hospital after being treated for minor injuries. He has not been charged in the crash. But the nature of the accident could lead to a personal injury or wrongful death lawsuit by the family, depending on the facts involved and the familial relationships of those killed in the crash.

Apparently, three passengers survived the crash and were taken to the hospital. There were 10 total occupants in the minivan and not one of them was wearing a seatbelt. The infant was in a car seat that had not been fastened to the seat. As a result of the crash, the truck and the van ended up in the center median and due to the severity of the crash, traffic was stopped in both directions for many hours.

All drivers should observe the defensive driving rules that require that vehicles allow sufficient space in front of them so that they can stop or slow down in the event of a situation like this. More and more we see drivers failing to leave space. Perhaps if the driver of this truck allowed sufficient room to stop - he would have been able to avoid rear-ending the van.

It takes longer for trucks to stop under any conditions. They need more room and more time to come to a full stop when traveling at high speeds. Even if this driver was traveling at a safe distance, he was not able to stop in time to avoid hitting the van. He might have not seen it in time or expected it to be there. Georgia motor vehicle drivers must obey rules related to safe driving distances and related safety concerns.

If you are traveling on a highway and a truck is tailgating you, move over cautiously and let the truck pass if at all possible. Trucks are required to travel at safe distances which can also depend on weather conditions in which even more space is sometimes required. The law of physics accounts for stopping distance and can be summed up in terms of the mass of a truck and its velocity translating into the kinetic energy that happens when vehicles collide.

At a recent forum of the Federal Motor Carrier Safety Administration, experts spoke about the dangers of trucks and passenger vehicle collisions. Although "the fatal crash rate for large trucks has declined significantly during the past decade, even though the number of miles driven has increased by 36 percent. Despite these improvements, there are nearly 400,000 crashes involving large trucks in the US each year resulting in about 5,000 fatalities." The experts attribute about 70 percent of fatalities are due to other vehicles sharing the road with trucks and the need for more care around large trucks.

If you or a family member have been seriously injured or worse in a Georgia semi truck accident, there is a dedicated local legal professional ready to assist you. In a Gwinnett County tractor-trailer accident lawsuit, you may be entitled to recoup expenses for medical care, hospital stays, lost salary and work hours. At the Law Offices of P. Charles Scholle, P.C., we have decades of experience helping tractor-trailer accident victims get back on their feet and on with their lives. To find out how we can help you, contact us today for a free, confidential consultation at one of our convenient offices in Decatur, Duluth, Buckhead or the Perimeter.

Georgians are known to enjoy our waterways, and we are proud of our area's beautiful natural resources. That is why when a boating accident or fatality occurs, we are all impacted. In my experience as a Gwinnett County boating accident lawyer, I know the impact on families when such a tragedy occurs and was saddened to learn of the recent boating accident death of a Buford teen.

The incident occurred over the past weekend on Lake Lanier. We do not have many facts, but as reported by the Atlanta Journal-Constitution, the incident is now being investigated and it is possible that charges will be filed for the tragedy.

What we do know is that the young teen disappeared during a boating accident that took place on the lake at or near the Toto Park area and Highway 136. The accident took place on Saturday evening at around 7 p.m. and as we know with auto accidents as dusk approaches, light and visibility can be a factor. We do not know whether it was in this incident which will take weeks to determine.

Apparently, two boats collided in the accident and there were a total of 15 passengers on the boats at the time of the accident. Two other passengers were injured and taken to nearby hospitals. It is presumed that the teen boy was also killed in the incident as his body was located the next day by divers who were working on behalf of Hall County. And as is noted in the AJC piece quoting a DNR spokeswoman. " 'The incident is under investigation and anything regarding charges is likely weeks away as our critical incident response team re-creates the incident and analyzes data, conducts interviews, etc.' "

The Wildlife Resources Division of Georgia's Department of Natural Resources encourages boating safety by offering courses on how to operate a boat and the accepted rules of the waterways. The Designated Skipper Program encourages boaters to designate a skipper who is not drinking. It is important that all boaters know the rules of the waterways and Georgia's regulations on who is eligible to operate a boat and what education is required in certain age groups.

The pamphlet includes such vital information as: registration requirements and information, fees involved in registering a boat, the proper display of vessel numbers, our legal operating ages, the required equipment for boats, what constitutes unlawful operation of a boat, what constitutes boating under the influence of alcohol or other substances, how to report a boating accident, who is responsible for enforcing the regulations, environmental restrictions, as well as the relevant laws for personal watercraft and proper towing of water skiers.

In addition, it is very important for boaters to review the Georgia laws relating to operation of personal watercraft. For example, among other areas of the law, Georgia has specific rules with regard to the unlawful and dangerous operation of a personal watercraft. Boats must maintain a proper operating distance and must operate within the rules when encountering other boats. To reference these rules and regulations, please visit the Wildlife Resources Division website which provides a great deal of important information for all boaters.

If you, or someone you know, has been injured or killed in a boating accident please contact Atlanta injury lawyer Charles Scholle for more information on your legal rights. Our legal consultation is free of charge and will provide valuable and important information. It is also important that you get assistance as soon as possible so that you can preserve any legal rights you may have.

As an experienced Georgia accident lawyer I have offices throughout the Atlanta region and also litigate personal injury and wrongful death cases throughout Georgia and the Southeastern area.

As a Gwinnett County Georgia personal injury lawyer with many years of trial experience representing families and individuals that have been the victims of serious injury, I was particularly saddened by a Carroll County teen's death in a school bus crash last fall.

And now, the parents of the deceased teen have filed a lawsuit due to the tragic and deadly crash, after the Georgia State Patrol's report on the accident revealed a problem with the driver, a trainee.

The Atlanta Constitution-Journal reports that the legal action names as defendants the driver, the school system, its former superintendant and the school transportation coordinator. The driver has had problems in the past with his driving and in this accident was recently sentenced at the Carroll County court to probation and received a fine.

Apparently, the driver had consumed cough medicine and was less alert due to the medication. This medication allegedly impacted his ability to drive properly at the time he drove the bus over a culvert. The bus flipped over after this and the victim was thrown from the bus and crushed by it. Other students were injured.

Buses are particularly known to be dangerous vehicles for passengers in a serious accident. Federal authorities have been aware of this issue for decades and is trying to implement recommendations that were made many years ago to improve bus safety. The lack of seat belts and windows that open are often blamed when passengers are thrown from a bus in an accident. Sadly, in this accident the victim was thrown out of the bus.

There are likely several theories of recovery pled in the parents complaint. Although I have not yet reviewed the complaint filed by the student's parents, Georgia wrongful death laws provide for situations such as this that occur when a person dies in an accident and someone else is at fault.

The legal action for wrongful death is brought by the relatives of the victim who are permitted to seek damages for such things as the physical pain the victim had to suffer prior to death, the expected income the victim would have earned during his or her lifetime had the accident not occurred, and the emotional suffering the family has endured, among other damages.

Another area of damages that can be sought in a wrongful death action are called punitive damages. These are intended to punish the defendants if they are shown to have engaged in such things as reckless or intentionally negligent conduct.

We will keep our readers informed as this case progresses.

About Charles Scholle, Personal Injury Lawyer

Charles Scholle is a Gwinnett County wrongful death and accident lawyer, serving the surrounding area, including Dekalb, Duluth, Buford and all other cities and counties. He provides free consultations to evaluate your legal issues and situation.

Please contact our law firm at any time, we focus entirely on helping clients recover from personal injuries and represent families when a tragedy, such as a fatality, occurs.

As an Atlanta catastrophic injury and wrongful death lawyer, I have helped many families dealing with the tragic wrongful death of a child. There is no way to discuss this subject without an inherent level of pain and discomfort, because it is unnatural to outlive one's child.

In a local story that has made national headlines, a Cobb County mom was recently convicted under Georgia law of vehicular homicide in the second degree for the death of her child, but the legal proceedings surrounding the accident continue.

As most Atlanta residents are aware, grieving mom Raquel Nelson has to live with her decision to walk across a street outside a crosswalk for the rest of her life. Her four-year-old son was struck and later died from injuries sustained by a hit-and-run driver. But should Ms. Nelson be held responsible for the death of her son? It appears that she does not believe so.

After the Atlanta area mom was convicted of the Georgia crime of homicide by vehicle in the second degree - based on the fact that she had not used a crosswalk and "acted recklessly" -- she has said in interviews on national television that her grief began all over again.

One of the reasons for this was that she could have ended up serving a longer prison sentence than the hit-and-run driver who hit her son and killed him. This possibility made national news and was upsetting to many.

But Judge Katherine Tanksley heard the public outcry and only sentenced her to 40 hours of community service and 12 months of probation. The judge suspended the fines associated with these crimes. Her sentencing was not the maximum 36 months she could have received.

But she said no thank you and that is her right. Instead, she has decided that she would like to defend herself in a new trial. Perhaps because she believes her decision to walk across a street from a bus stop, rather than in a crosswalk, does not make her legally responsible for the death of her child. A tragedy she has been grieving since the accident occurred.

Ms. Nelson was prosecuted under, among other laws, a provision of Title 40 of the Georgia Code, Motor Vehicles & Traffic, which provides for homicide by vehicle in the second degree. Having been found guilty of violating this provision and others, she would have a criminal record. But, if she is acquitted in the new trial, she will have no record.

Prior to sentencing, she had expressed concern that there were no single moms on her jury and that any single mom would understand a quick decision to walk outside a cross-walk to get home. Jury selection is very important in every case, and perhaps the make-up of another jury will improve her chances of acquittal.

Ms. Nelson had testified during trial that the bus left her and her three children off across the four-lane Austell Road and that this was closer to her apartment than the crosswalk that was 0.3 miles distance. She did not want to walk with her children in the dark and was trying to get home quickly, so she did what many of us might do, she took the fastest way home and walked across the road with her children.

Some community members agree that Georgia's vehicular homicide laws need to be amended to apply to those only driving vehicles and that bus stops should be placed closer to crosswalks. It remains to be seen what happens during the retrial, but whatever the outcome Ms. Nelson appears determined to fight the charges.

As a Gwinnett County personal injury lawyer, with a practice that covers the Atlanta area and the state, I have represented many families in need of help through the legal system. If you have been injured in an accident, please do not hesitate to contact me for a free personal consultation about your situation at one of my local offices.

Recently, the Supreme Court of Georgia issued an interesting decision in the area of Georgia wrongful death and negligence law. In my practice as a Gwinnett accident and injury lawyer, I have litigated many cases involving the laws and court opinions related to both wrongful death and negligence.

In Rasnick v. Krishna Hospitality, the Georgia high court considered the decision of the Georgia Court of Appeals which had concluded that a hotel owner did not have a duty to comply with a wife's request to check on her husband whom she suspected was having a medical emergency.

The tragic facts of this case involved a 77-year-old Texas man who was traveling on business in Georgia. While a guest at a motel in Georgia, the man was discovered collapsed on the floor of his room by a housekeeper. The motel contacted 911 and he was taken to the hospital where he died later. The autopsy found his heart was enlarged and that he had untreated coronary artery disease.

The deceased man's wife sued the motel for the wrongful death of her husband. Georgia law permits surviving family members to sue those responsible for the death of their loved one. In this case, the wife alleged that the motel's failure to respond to her numerous requests by telephone the prior evening asking motel personnel to check in on her husband whom she suspected was having a medical issue, contributed to his death.

Although it is possible the man could have been saved had he had medical attention, the Georgia Court of Appeals had found that as a matter of law, the motel did not have a duty to render aid to the motel guest. The Supreme Court of Georgia agreed.

Although this result might sound harsh, it is important to remember that under Georgia law, negligence requires that certain elements be satisfied including the existence of a duty on the part of the defendant, a breach of that duty, causation of the alleged injury, and damages resulting from the alleged breach of the duty. In this case, the motel was found by the court not to have the legal duty to the complaining party (in this case the deceased's wife) to protect the guest (her husband) from the medical emergency he is assumed to have experienced in his motel room.

In the words of the Supreme Court: "In order to proceed on a tort claim based upon a failure to render aid, the plaintiff, as a threshold matter, must demonstrate that the defendant had a legal duty to render aid; even the actor's realization that some action on his or her part is necessary for another's aid or protection does not, in and of itself impose upon the actor the duty to undertake such action."

The court explained that under Georgia law, innkeepers do have a duty to exercise ordinary care to provide guests with premises that are reasonably safe for the guests' use and occupancy. But the court also found there was no legal duty in this case for the motel personnel to check on and rescue a guest who likely was having a medical emergency in his room.

In deciding this case the court noted that "[w]hile issues of morality and humanity are certainly raised by the circumstances of this case, a moral or humane obligation does not compel the existence of a legal duty, the breach of which portends liability."

Hotel and motel owners do have duties towards their guests just as apartment owners have duties towards their tenants, to keep their property safe and secure. For example, if you suffer an injury in your apartment building, the owner can be held liable for failure to keep the premises safe. As noted by the Supreme Court, we might agree that as a humane gesture, the motel personnel should have checked in on the man when his wife voiced her concerns, but there was no legal duty for them to do so.

When legal questions arise after an accident or injury, it is important to consult with an experienced Gwinnett County injury lawyer. If you have been injured in an accident, or have a family member who has tragically passed away due to the negligence of another, please contact me for a free consultation regarding your legal matter. With offices throughout the Atlanta area, we are conveniently located to handle your legal matters.

It seems that tragedy has a way of reminding us about safety. A Georgia man died over the weekend in a boating accident while he and his family were kayaking in out of state. In my work as a Georgia boating accident injury lawyer, I have found that sadly -- tragedy does teach.

Over the Fourth of July, many families headed out for a weekend of fun and relaxation. On Eagle Mountain Lake in Texas fun turned to tragedy, as a motorboat hit three kayaks while they floated near a dock.

According to law enforcement, two of the kayaks did not have the lighting required for boaters to see them. A Roswell man was killed and other kayakers were injured in the accident. The motorboat driver tried to help at the scene.

When boating within Georgia and outside the state, it is important to check the laws and regulations regarding boating in that area.

The Georgia Department of Natural Resources is the entity responsible for boating safety. According to several sources, DNR Law Enforcement was patrolling over the past weekend to ensure that boaters comply with Georgia boating laws. This is one of the primary functions of DNR Law Enforcement -- to ensure that boaters are following applicable laws and regulations. In the tragic kayaking death in Texas, lights may have been needed on one or more of the kayaks and were required by law in that state for kayaking after dark.

Georgia authorities say that a common legal violation is the failure to use a life vest, which is required for children under the age of 10. Another area of major concern for law enforcement is boating under the influence of alcohol. Boaters must be educated about the fact that they must not drive a boat and drink.

One DNR captain discussed boating laws noted in an article on Fox31Online, that " '[w]e have a zero tolerance policy when it comes to operating a vessel under the influence, and we are going to enforce it. As long as everyone comes out here, brings a little bit of good common sense with them, gets a designated driver, they won't have any problems with us.' " He also noted that many boaters do not know the laws and regulations with which they must comply and do not have the right equipment when they come out on the water.

Please take the time to review the Georgia's boating laws and regulations to make sure your boating is safe and sound.

If you, or someone you know, has been injured in a boating accident please contact Atlanta injury lawyer Charles Scholle for more information on your legal rights. Your legal consultation is free of charge.

It is important that you get assistance as soon as possible so that you can preserve your legal rights. As an experienced Georgia accident lawyer practicing in the Atlanta region and throughout Georgia, I am available to evaluate at no charge any potential legal claims.

In my experience as a Georgia personal injury and serious accident lawyer, insurance policies are most often poured over by insurance companies before they are ever issued and it is difficult to get courts to find ambiguity in these policies. As an individual or small business, it is important that you read your policy terms and understand them before an accident occurs.

Last week, the Arkansas Supreme Court held that a particular policy of insurance was ambiguous and that an insurance carrier could not avoid paying twice what it expected to pay.

The court was deciding a case that involved a lawsuit resulting from a tragic and serious accident in which passengers were killed. In the accident that took place in 2009, a bus driver ended up in a collision with a car that resulted in death and serious injury of passengers.

The police investigation found that the car driver was at fault in the accident, but that driver was underinsured. That meant the insurance proceeds were not enough to cover the tragic accident. The non-profit transportation company's policy carried much higher coverage than the car driver's policy and included underinsured coverage, for situations in which the other driver(s) did not have sufficient insurance.

As noted, the bus driver was driving on behalf of a non-profit transport company, which was insured by Philadelphia Indemnity Insurance Company. The insurance company was willing to pay the proceeds of its policy, which totaled $1 million in coverage. In what is called a complaint for interpleader, the insurance company essentially said, "we will pay the full amount of the policy" in exchange for no additional liability. They claimed that amounted to $1 million.

The intermediate appellate court said the insurance company was exposed to more than the $1 million the insurance carrier argued was all they should pay. But the passengers who had been injured and the administrators of the deceased passengers' estates filed what are called counterclaims against the insurance company. They said they were entitled to a portion of the funds (and in fact additional funds) from the insurance company saying that the insurance policy provided for more coverage than the carrier claimed it was liable for under the policy terms.

The insurance company asked the court to accept that it had paid all that was required under their policy with their insured. But the appellate courts had held previously that when an insurance policy is ambiguous (meaning that it is subject to interpretation) it must be construed in favor of the insured. The court found that there was a notation in the policy that was not defined in the policy terms and that there were other terms that made the coverage amount unclear.

That meant the difference between the insurance carrier paying $1 million, as opposed to $2 million for the accident. In the opinion of the Arkansas Supreme court the policy terms were ambiguous and the carrier was liable for more coverage than it claimed saying: "We repeatedly have stated that if the language of a policy is susceptible to two interpretations--one favorable to the insured and one favorable to the insurer--then the interpretation most favorable to the insured must be adopted."

Insurance companies are very experienced at avoiding payment of claims. It is a fact of their business model. 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 Georgia injury attorney Charles Scholle.

As an Atlanta car crash and bus crash lawyer, he has the knowledge and experience to help victims get through the legal process successfully.

The eve of the summer solstice brought heartbreak as a two-year-old Georgia toddler died in a tragic Jonesboro van accident. The child was left in a day care van and that is where she was found and taken to the hospital. Our hearts go out to the family involved in this tragedy.

Infant and toddler deaths can occur very quickly in a hot parked vehicle. As an Atlanta personal injury lawyer, I want to remind parents that accidental injury and death can be avoided. Never leave your child or children unattended in a parked vehicle, under any circumstances.

In the Jonesboro incident, the toddler was left in her day care van for approximately two hours or more. The day care children were on an outing to a local Chuck E. Cheese. Once the toddler was discovered, she was taken to the Southern Regional Medical Center. She passed away at the hospital.

The facts of this situation are currently under investigation by the Clayton County police and it has not yet been determined whether criminal charges will be brought. The specific cause of death has not yet been determined, but the outside temperatures reached 95 degrees. Potentially, Georgia day care licensing authorities could also review the licensing of this center.

In addition, depending on the facts, the toddler's mother could bring a lawsuit for wrongful death against the day care center and individuals involved in this tragedy. A wrongful death is any death caused by the negligent, reckless (extremely careless) or intentional actions of another which can include vehicle accidents, crimes due to poor security, elder abuse and many other situations.

In Georgia, personal injury claims usually the injured person sues on his or her own behalf to recover compensation for an injury and the financial costs, physical pain and emotional suffering. However, when the injury results in a victim's death, Georgia law allows the close relatives, in this case the toddler's mother, of the deceased person to bring an action for wrongful death.

The day care facility that apparently was responsible for the child, is located about 20 miles north of Atlanta. The toddler's mother told local Atlanta news outlets that she wants to see the day care center closed. She also said that the providers told her that her child was falling asleep "between the seats" of the van and was not noted to be left behind. If she was in a car seat, which is required under Georgia law, it is not clear why she would have fallen between the seats which might have made it difficult for her care givers to realize she was not accounted for with the other children.

As an experienced child injury and wrongful death lawyer practicing throughout Georgia and the Atlanta region, I am available to evaluate at no charge any potential legal claims involving injury and death. These cases are tragic and life-changing.

Earlier this week, a woman was killed in a motorcycle crash on I-285 in Atlanta that began with a simple flat tire. The deceased was a passenger on the motorcycle that her husband was driving at the time of the accident.

This serious and deadly motorcycle and vehicle collision began with a disabled vehicle, but ended in the death of a motorcycle passenger. The accident is instructive, because the way it unfolded is in some ways a very common occurrence, but some aspects of this accident are also unusual and worthy of serious consideration. As an experienced Georgia motor vehicle accident lawyer, I want readers to understand both the facts and the law in this incident.

To begin with, the driver of a Toyota Corolla had a flat tire and came to a full stop in the second lane from the median on the northbound direction. That driver, Mr. Touray, a resident of Atlanta apparently was not able to, or did not, move his car from the second lane. This failure to move his vehicle has led to serious consequences that might not be obvious to most drivers.

The next event in this series was that an SUV had to stop in highway traffic to avoid hitting the Toyota -- thus, the SUV also came to a stop behind the Toyota. The final and tragic part of this accident occurred when the motorcycle, a Harley Davidson, driven by Mr. Jerry Miller with his wife Mary Joyce as passenger, crashed into the stopped SUV. The Millers were thrown from the bike. Mrs. Miller sustained fatal injuries and Mr. Miller was bruised, but is said to have declined treatment. The driver of the SUV was not injured.

The driver of the Toyota has now been charged with vehicular homicide and improper stopping on the highway. This is a serious consequence to a flat tire.

Vehicular homicide in Georgia carries various penalties. Depending on the severity of the charge, whether it is deemed a first or second degree vehicular homicide, a driver charged with this offense can receive a sentence that is anywhere from one year to 15 years in prison. There is some leniency in the penalty for an unintentional homicide by vehicle (second degree) which carries the potential for a fine and the lesser prison sentence.

What is instructive about this incident is the fact that the police have charged the driver of the stopped vehicle with this crime. The driver apparently presented other cars with a dangerous condition by staying in the lane and should have moved to the side of the road -- even with the flattened tire and even if it meant damaging his own vehicle.

It is important to consider this in the event that you are ever in a situation in which your vehicle is disabled. If your engine will not allow you to move that is one thing, but if your engine is not disabled and you can drive your vehicle, it is important to get it off the road so that it does not become the hazard that happened in this tragedy.

The driver of the Toyota might not have anticipated the consequences of his blocking the highway lane. Now he is dealing with criminal charges.

Being in the top five nationally of most lists might be a positive, unless the list has to do with Georgia or Atlanta area fatal car crashes. That is why as a Gwinnett County auto injury and wrongful death lawyer, I report with concern about a recent statistic that was published about fatal auto wrecks in Georgia.

Last month, the federal Centers for Disease Control and Prevention issued an analysis that found Georgia has the dubious distinction of ranking fourth in the nation for the costs of medical and work losses that result from fatal car crashes. The rankings were based on data from 2005, the most recent available.

The cost is a staggering $1.5 billion to victims and to their employers for medical and work losses. The total cost from the top 10 states alone was $41 billion in 2005.

Representing the families of victims of fatal auto crashes, I am all too aware of the cost to victims and their surviving family members. The basis for the high costs in Georgia is not specified. If you read our local newspapers or watch our local media news, you will likely be aware that many of our most-traveled highways, such as I-285, I-85 and I-75 and others surrounding the metro Atlanta area, can be dangerous places to travel.

The CDC Injury Center included some recommendations to lower these statistics nationally, including seat belt enforcement, child car safety policies, graduated drivers license programs that slowly increase teen driving privileges and universal motorcycle helmet laws.

These efforts can make a real difference. The use of motorcycle helmets is said to decrease brain injury by 69% and reduce the risk of death by one-third. The use of Graduated Driver Licensing programs have already been instituted in some states and have been reported to reduce teen crashes by 40 percent for drivers who are 16 years of age.

Recently, Southeastern Georgia's WTOC 11 carried an Associated Press (AP) report that motorcycle accident injury and motorcycle deaths have decreased by two percent during the first three quarters of 2010. Unfortunately, this may not mean that a downward trend will continue for any lasting safety improvement. Practicing as a Gwinnett County catastrophic injury and wrongful death lawyer, and having a platform to speak to the public about safety in the Atlanta Injury Attorney Blog, I want to go through the sobering statistics with our readers.

The statistics show that from January through September 2010, 80 fewer bike riders lost their lives in the same period in 2009. Unfortunately, the situation changed in the last three months of 2010 as fatal motorcycle crashes began to increase again.

Since the 1990's, annual motorcycle fatalities have more than doubled. In 2008, fatalities climbed to 5,312 deaths. And then dropped over 15 percent in 2009.

Some experts believe the reason for the decline in fatal bike crashes, was the economy. These same experts believe that as the economy improves more riders will be out on the roads with a possible rebound in the deaths of recreational motorcycle riders. But others do not see this correlation and believe that increases in gas prices also increases motorcycle ridership and that more bikers are out on the roads when gas is at such high prices.

The most worrisome trend reported by AP is that "the number of motorcyclists wearing federally-approved, impact-absorbing helmets dropped 13 percent in the first nine months of 2010." During this period the use of lighter weight helmets increased by 9 percent. These helmets are said not to protect riders as well as the heavier helmets.

Here is another sobering statistic: helmets that comply with federal safety standards have a huge impact on saving lives. They reduce the biker's chances of being killed in a bike crash by 40 percent. Many bike enthusiasts would prefer not to wear helmets and have successfully lobbied to reverse mandatory helmet laws.

The National Transportation Safety Board says there are 20 states that require motorcyclists to wear helmets and 13 of those states go beyond the basic requirement and require the use of helmets that meet federal standards.

Motorcycle ridership will be up throughout Georgia during the spring and summer months. As we continue to report on Motorcycle Safety Awareness Month, we hope our readers will consider the statistics and safety recommendations when they get out to enjoy their bikes.

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.