For these reasons, we all know that it is very important that we keep an extra lookout for motorcycles as we drive our cars in Atlanta and north Georgia. Unfortunately, not enough car and truck drivers do this. Almost every case I handle involves situations where the driver simply does not see the motorcycle before it's to late. Many cases involve drivers pulling out from driveways, side streets, parking lots, and the like, and failing to yield to the motorcycle they do not see. Other cases involve drivers changing lanes into motorcycles in their blind spots. Regardless of the exact mechanism, the accident is almost always caused by the driver of the car or truck simply not seeing a motorcycle that is clearly visible. It is a real problem and it happens all the time.
Indeed, I was saddened as I read a recent article about a fatality of a motor cycle rider last week. The case involved a tractor trailer and a motorcycle. Apparently, the tractor trailer driver did not see the motorcycle and pulled out into the roadway in front of the motorcycle causing the collision and fatal injuries. It is a real tragedy all the way around. The article described the motorcycle driver as a fine man with a large family. His family has suffered a tragic loss that will be with them for the rest of their lives. Likewise, the driver of the tractor trailer will have to live for the rest of his life knowing that his negligence has caused the death of another human being. Also, the tractor trailer driver has since been charged with reckless homicide for the death. If convicted, he could receive up to 10 years in prison, a $5000 fine and a 5 year suspended license.
The family of the deceased is now going to be faced with not only how to survive emotionally, but also financially. Fortunately (and hopefully), it is likely the diver of the tractor trailer had a significant policy of liability insurance that can be used to compensate them for their financial loss. To make that happen, they will most likely need to hire an experienced trucking injury lawyer to make the claims for them. Cases against tractor trailer drivers and trucking companies are not regular car crash cases and need experienced trucking lawyers to be properly handled.
]]>The gross settlement amount normally means the total amount of the settlement before any legal costs or expense are deducted from the settlement. Legal costs normally include postage, photo copies, the costs of obtaining medical and other needed record, filing fees, deposition fees, expert fees and the like. These expenses are normally low if the case is resolved before suit is filed but can increase significantly once the lawsuit is filed. Whatever the costs are, they are paid out of the client's portion of the gross settlement amount.
Normally, each side in a personal injury or wrongful death case is responsible for there own attorney fees. Accordingly, the only fees usually paid by a personal injury or wrongful death plaintiff are those as described above. However, as part of the 2005 tort reform passed by the Georgia General Assembly, an Offer of Judgment law was passed that made it possible for the injured party to not only pay their own attorney fees, but to also be responsible for all or some of the insurance company's fees depending on how the case resolved at trial.
Specifically, if during the lawsuit and before trial, the insurance company makes an offer of judgment to settle the case for a specific amount and the plaintiff does not accept the offer within 30 days, the insurance company is entitled to have its attorney fees paid from the 30th day after the date the offer of judgement was made if the plaintiff does not recover at least 75% of the offer amount. For example, if the insurance company makes an offer of judgment to settle a case for $100,000 and the plaintiff rejects the offer and recovers less that $75,000 at trial, the plaintiff may be required to pay the insurance company's attorney fees from the 30th day after the date the offer was made. If the offer is made immediately after the lawsuit is filed, the plaintiff may be responsible for all or almost all of all of the insurance company's fees.
It is ultimately up to the judge to decide how much, if any, attorney fees will be awarded to the insurance company if the plaintiff does not recover the required 75% at trial. Sometimes the judge does not allow for any fees and sometimes the judge allows everything the insurance company is asking for. It depends on the judge and whether the judge determines the offer was made in good faith and whether the insurance company properly proved the amount of applicable fees.
As you can imagine, the Offer of Judgment law has caused great anxiety to many personal injury and wrongful death plaintiffs when deciding whether to settle their cases when an offer of judgment has been made. The risk of paying significant additional attorney fees, especially in a minor cases, tremendously changes the equation when trying to determine whether to settle or not. It is very important that you have an attorney that understands the Offer of Judgment Statute and can give you sound advice when deciding to settle in this situation.
One of the main things we noticed almost immediately when we moved here was what appeared to be a lack of reflectors between lanes on Georgia roads. I'm not certain if this is the only reason it is so difficult to see, but it clearly adds to the problem. Whatever the reason, special care needs to be taken when driving during hard rain in North Georgia.
First, everyone needs to slow down significantly during a downpour. Next, every driver should have on their headlights and their windshield wipers should be on high. Everyone also needs to leave more room between vehicles on the road when it is raining. You also need to give yourself more time to bring your vehicle to stop. Finally, be patient and courteous to other drivers, especially those who may find themselves in the wrong lane and need to change lanes. All these things will make it safer for you and others on our roads during a rainstorm.
Hopefully, you will never be involved in a rainy day accident, but if you do find yourself the victim of an accident on a rainy day or night, please fill free to contact me to discuss your situation.
]]>The current law in Georgia allows a victim of a dog bite to recover money damages under certain circumstances. Specifically, if a dog bites someone when the dog is off leash in violation of a local leash law, the owner can be financially responsible for the injuries and damages caused by the dog bite. Those damages would include, but not be limited to, medical bills, lost wages, and emotional and physical pain and suffering. The same would be true if, even though the dog was not off leash in violation of a leash law, the dog had previously bitten someone. This is called the one bite rule. In this situation, the owners of the animal can again be liable for all injuries and damages caused by the dog biting someone.
I expect as the weather continues to improve and children get out of school for their summer vacations, we will hear about more and more children being bitten by dogs in Atlanta and North Georgia. If you, or a member of your family, has been the victim of a dog bite, please do not hesitate to call me to discuss your situation. Dog bites can cause serious physical and emotional injuries and related damages. Having gone through the experience of being attacked by a vicious dog when I was a child puts me in a unique position to understand what you have gone through.
]]>In Georgia, a negligent person is responsible not only for the injury caused by his or her own negligent acts, but is also responsible for any additional harm caused from how reasonably required medical care is rendered. This is a question of what is a foreseeable injury arising out of the original negligent act, and Georgia courts have found that negligent treatment of injuries is foreseeable. Accordingly, the driver of a motor vehicle is liable for the reasonably foreseeable consequences of his negligence, including the negligent actions of a medical provider in treating the original injuries.
Arguably, any additional injuries a car accident victim suffers while at a hospital or at a follow-up visit with a doctor or other medical provider while treating for injuries caused in the car accident are a reasonable consequence of the automobile accident. This can include death, and it is ultimately up to the jury if the malpractice is foreseeable. Accordingly, it is important to hire a competent Georgia accident injury lawyer who knows the law and how to convince a jury that all the injuries flowed from the original car or trucking accident. If you have been in a car accident and think your injuries have been made worse by the treatment you received by your medical providers, please do not hesitate to call me to discuss your situation.
]]>As mentioned above, and as seen in the recent article, often times people are seriously injured and killed in these types of accidents. The injuries and deaths are most often caused by the violent blunt force trauma caused in a head on collision. They are also caused when drivers and passengers are ejected from their vehicles during rollovers. It is not uncommon for victims of these types of accidents to have massive internal injuries, catastrophic traumatic brain injuries, and crippling orthopedic injuries. The human and financial costs to the families involved are staggering.
If you or a loved on has been the victim of this type of accident, after you have secured the appropriate medical care for the victim, you will want to talk to an experienced accident injury lawyer. Because there is most likely going to be very bad injuries or a death involved, you will need to talk to the attorney for many reasons regarding potential significant claims, but also to discuss many issues regarding insurance and how bills will be paid. These are serious cases that require serious legal representation.
]]>This event was a nightmare for the mom and her family. Can you imagine getting the call she got at work. Unfortunately, too many parents get these calls. If something happens to your child while at your day care, the day care may very well be responsible for your child's past medical bills, future medical bills and for the past and future pain and suffering. Injuries may be serious, significant and perminant and juries can award significant damages for claims made. If this does happen to your child, please do not hesitate to call me to discuss your rights and possible claims.
]]>The tractor-trailer went off one side of the roadway and the driver overcorrected and came back across his own lane and the oncoming lane of traffic and off the roadway and into a tree. Gratefully, no one was injured except for the driver, who did not appear to be injured seriously. This type of accident, however, where a tractor-trailer travels clear across the roadway into oncoming traffic can cause horrific injuries and deaths. It is a credit to the Motor Carrier Compliance Officer for issuing the citations, even though there were no such injuries or deaths. The citations send a message that violating the traffic laws applicable to tractor-trailers will not be tolerated in this state.
]]> Slick tires and an unqualified driver could have been a recipe for disaster. The Federal Motor Carrier Safety Regulations set the standards for operating commercial vehicles in the United States, including Georgia. A trucking company cannot allow a vehicle to be operated unless it meets the minimum standards set forth in these regulations. Additionally, according to the provisions of Federal Motor Carrier Safety Regulations, every commercial vehicle must be operated in accordance with the laws, ordinances and regulations of Georgia, if operated in the state. These federal regulations and the Georgia laws help to ensure the safety of Georgia citizens.Unfortunately, as we all know by reading the newspaper and listening to the news on the television and radio, innocent victims are horribly injured and killed almost daily on Georgia roads due to the careless behavior of tractor-trailer drivers and their companies. If you, or someone you know, has been the victim in an accident involving a tractor-trailer, contact our office to discuss your situation with one of our lawyers.
]]>The first thing the new legislation would do is cap non-economic damages at $250,000. This is the same type of cap that the Georgia General Assembly tried to install in its 2005 tort reform legislation, which was found unconstitutional under the Georgia Constitution. (Please see my earlier Blog on this issue.) Because the new caps would become federal law, they can only be determined to be unconstitutional under our federal Constitution. Accordingly, that Georgia caps where unconstitutional, the federal caps may not be.
]]> The next thing the new legislation would do is allow courts to limit attorney contingent fee agreements. This is a problem because successfully pursuing medical malpractice lawsuits is very expensive and time-consuming for lawyers. Accordingly, if an attorney cannot set an appropriate fee, most attorneys will not agree to pursue these types of claims. If the lawyers are not willing to pursue the claims, then the public will not be able to bring such claims.The legislation would additionally cap punitive damages to the greater of 2 times the economic losses or $250,000. It would also bar all punitive damages for drug and medical devices approved by the FDA or those in compliance with the FDA. This again would have a tremendous affect on the ability of citizens and their lawyers to bring medical malpractice claims. Additionally, without allowing punitive damages at a greater amount and barring punitive damages in cases involving medical devices and drugs approved by the FDA, it is arguable that doctors and medical device and drug companies will not be sufficiently punished when they should be, and bad behavior will not be curtailed in the future.
All of these measures included in the proposed legislation would severely limit the ability of Georgia citizens to successfully pursue medical malpractice lawsuits. Hopefully, this legislation will not become law. Most Democratic lawmakers are opposed to this type of legislation and it is opposed by some Republicans because it treads on the states' rights to control these types of issues for its citizens. I am of course opposed to it also, and If you are a loved one thinks you may have a negligence claim against a medical provider, please contact me to discuss your possible claims.
]]>It appears there are a number of things the law will do. If the law as currently written is passed, it appears Georgia citizens will not be allowed to own a dangerous or vicious dog unless they buy liability insurance providing coverage of at least $50,000. I think this is a great requirement because in my practice it is not uncommon to have a client who has been seriously injured by a Pit Bull or other vicious dog and the owner has NO insurance. Often, medical bills alone arising from a serious dog bite can be tens of thousands of dollars. Additionally, the physical and as importantly, the emotional, pain and suffering, as well as the often disfiguring lifetime scars suffered by dog bite victims allow juries to award significant money damages when a lawsuit is filed.
]]> In addition to having a minimum of $50,000.00 liability insurance coverage, the owner of a vicious dog must also have a microchip inserted in the animal to keep track of its whereabouts at all times. This is another good idea because often it is unclear whether, and the owner will deny that, his or her animal was loose at the time of a dog bite. With the microchip requirement, it will now be much easier to determine the exact whereabouts of the animal making it much easier to prove whether the dog was the biting dog or not.It appears that another requirement for owning a vicious or dangerous dog is that the animal be keep locked away from the public, and if it is not locked away and is out on a leash, the animal must be muzzled at all times. This is of course a good idea for obvious reasons.
Finally, the new law, if passed, appears to provide criminal penalties to dog owners in certain situations. Specifically, the new law appears to say a dog owner may face up to a year in prison if a vicious or dangerous dog injures a person on a second occasion. Because many times the owners of Pit Bulls and other vicious dogs do not have insurance and have no assets, there is really no civil recourse against the owner if the dogs seriously injures someone and there really has been no negative incentive for some owners to care if their animal seriously hurts someone. Now, there is the threat of jail time.
When and if the bill is passed into law, I will update this entry and discuss the actual language of the law and its specific requirements and penalties. In the meantime, if you or a loved one or friend has been bitten or otherwise injured by any dog, including a Pit Bull or Rottweiler, please do not hesitate to contact me to discuss your rights and the owner's obligations to you.
]]>Drivers trying to beat the light cause serious car accidents and injuries every day in Atlanta. If you are a victim in one of these types of collisions, please call me. I welcome the opportunity to assist you with your claims against the at fault driver.
Hopefully, you made it through the Thanksgiving holidays without being a victim of a car accident. Please be careful while traveling during the upcoming Christmas holidays, whether going shopping or out of state to visit family. If you do have an accident and are injured, please read my comments on my website on what to do after an accident or please call me to discuss your situation.
1. Give yourself more time to get your location. If you have a 9:00 a.m. appointment and would normally leave at 8:30 a.m., give yourself an additional 30 minutes (or whatever extra time makes sense), if it is raining. This will allow you to drive more slowly and cautiously avoiding the perils of rainy day driving in Atlanta.
2. Allow more distance between your vehicle and the vehicle in front of you. This applies equally to both surface streets and highways. This allows for more reaction time to avoid possible rainy day hazards, whether by evasively steering or evasively braking.
3. Give yourself more time to brake. This also applies to surface streets and highways. Be extra diligent and as soon as you know or even anticipate traffic is slowing or stopping, take your foot off the accelerator and be prepared to brake. Vehicles have a more difficult time slowing when it is raining for obvious reasons, so give yourself all the time you need to bring your car to a stop on rainy days.
4. Relax. Being relaxed and not being in a hurry is always a good idea, but especially important on rainy days.
Try to keep these things in mind the next time you are about to drive somewhere on a rainy Atlanta day or night. Hopefully, drivers around you will do the same.
Claims can also be made against the business owner where the crime occurs. Prevailing on such claims, however, is very difficult and requires hiring an experienced crime victim lawyer. I previously wrote a blog on this topic discussing most of the issues and the work required when representing crime victims in a lawsuit against a property owner. Unfortunately, I failed to discuss the apportionment of damages defense now available to landowners to defend these claims.
]]> In 2005, Georgia passed its first tort reform legislation. An important part of this legislation was the Legislature's attempt to abolish joint and several liability. (The reason I say attempt is because the legislation is now being challenged in Georgia's appellate courts.) Joint and several liability is where if a party is found 1% liable for an injury, the claimant can recover 100% of damages from that party. In crime victim cases, this meant that if a jury found an apartment complex or other business owner1% at fault for a rape or murder or other criminal attack, the apartment complex or other business owner would be responsible for 100% of the loss and oftentimes million-dollar verdicts.The 2005 tort reform ended joint and several liability, and now requires the jury to apportion damages between all potential at fault parties, whether they are part of a lawsuit or not. This has made recovering damages in crime victim cases even more difficult than they previously were. Now the jury can apportion a certain amount of fault to the criminal and a certain amount to the business owner. For example, in a murder case, the jury could apportion 95% of the fault to the murderer and 5% of the fault to the apartment complex. In this situation, if the jury returned a verdict for $1 million, the apartment complex would only be responsible to pay $50,000, and this amount would probably be the only money the victim would recover because it is highly unlikely the criminal could or would pay any of the $950,000 responsible to him.
The practical effect of the new apportionment statute is that it becomes an even more difficult decision to decide whether to pursue crime victim cases in light of the tremendous amount of work and expense required to now prevail against the property owner. Expenses alone in pursuing one of these cases can easily exceed $50,000. Accordingly, an experienced crime victim lawyer should be consultant when deciding whether to pursue damages arising from a criminal act. As I mentioned before, these cases are not simple car crash cases and cannot be handled by just any lawyer.
Before the Supreme Court ruling, the Dram Shop Act, the law that allows claims against those who sell alcoholic beverages to drunk drivers, only applied to restaurants and bars, or others who actually poured alcohol to drunk drivers. Now Atlanta and Georgia car accident lawyers can pursue retailers, in addition to restaurants and bars, to recover damages for those seriously injured and the families of those killed by drunk drivers. This is extremely important because DUI drivers often have very little or no insurance to satisfy judgments in favor of the injured or killed.
]]> Because this is a Supreme Court case, there are no further appeals that can occur and the decision is now the law of Georgia. Unfortunately, the Georgia General Assembly can rewrite the law and change the language of the statute to specifically not apply to retailers. Until this happens, Georgia car accident lawyers should make sure that in properly investigating the facts surrounding a drunken driving accident, they thoroughly investigate the source of the alcohol, looking to not only restaurants and bars, but also convenience stores and other retailers.]]>