Atlanta Personal Injury Lawyers Blog

This morning I was saddened to read in the Atlanta Journal-Constitution on line about a bicyclist killed in a collision in Woodstock, Georgia. As a personal injury lawyer who represents clients throughout north Georgia and as an avid cyclist, I am well aware of the risks of cycling on the roads in metro Atlanta and the surrounding communities. The article had very little information about what happened, but did say that the driver of a Van pulled out from a bank parking lot and the cyclist was killed when he rode his bike into the side of the Van. What a tragedy.

It is impossible for me to say at this time who was at fault for causing the collision, but my guess is that the driver of the Van failed to yield to the bike pulling into the road thinking the road was clear when it wasn't. As a cyclist, I have had many close calls when cars, vans, trucks, etc., have done the same thing to me. As a personal injury lawyer, I have represented other cyclists who have been badly injured when this has happened to them. This time, someone was killed.

Road biking is a wonderful sport and is especially enjoyable this time of year when the leaves are turning and the weather is perfect. Unfortunately, it is a very dangerous activity with the amount of traffic on our Georgia roads. I am hopeful that motorist will be reminded by this tragic accident to be more diligent to look out for both bicyclist and motorcyclist as they travel out roads.

My thoughts and prayers are with the family of the deceased.

As a personal injury lawyer in Atlanta and north Georgia, I am always interested in articles written in magazines and newspapers that are related to my practice. Today, I read two such articles in the New York Times on line. Both articles dealt with texting and driving and the catastrophic consequences of doing so.

The first article was entitled "Driven to Distraction: When Texting Kills, Britain Offers Path to Prison." This article discussed at length the tragic death of a 24 for year old university trained fashion designer caused by a 22 year old woman that plowed her car into the rear of the deceased's vehicle while texting. She had exchanged nearly two dozen texts with five different friends the hour before the fatal collision, and a last incoming message that was never opened came in seconds before the accident.

A jury convicted the 22 year old and a judge sentenced her to 21 months in a high security prison. The article discussed the case at length but also discussed British attitudes toward texting and driving and the criminal laws against the practice. The case has driven home to Britains the serious consequences of texting and driving, and a prison sentence from 4 to 7 years is now recommended if I person is killed when a driver is texting and causes an accident.

In a related article, "Many in the U.S. Want Texting at the Wheel to be Illegal," the author discusses the findings of a recent New York Times/CBS News poll finding that nearly all Americans say texting while driving should be punished as harshly as drunken driving. The article discusses other poll findings including that 80 percent of those polled felt using a hand-held cell phone while driving should be also illegal.

Several Blogs ago I wrote about the perils of texting and driving. As the articles discussed above indicate, the consequences of texting and driving can be catastrophic injuries including death, and we can expect more States to make doing so illegal. If you have been injured in an accident by a distracted motorist texting while driving, please call me to discuss your claims and damages and the possibility of pursuing punitive damages to help deter this behavior.