Atlanta Personal Injury Lawyers Blog

Atlanta Metro Area Pit Bull Dogs Attack Causing Disfiguring Injuries

2010-07-08T14:57:42Z

As an Atlanta personal injury lawyer practicing throughout north Georgia, I continue to be amazed that dog owners allow dangerous animals to attack innocent victims causing serious personal injuries. I just read another article in the AJC on line about a Douglasville women attacked by three pit bulls as she was taking a walk down her street. The dogs were on the front porch of a home in the neighborhood and when the woman walked by, all three dogs attached her.

The 56 year old women suffered numerous puncture bite wounds to her arms and legs and will have to have skin grafts because of the severity of her wounds on her face. She is lucky to only have these injuries. Pit bulls often inflict catastrophic injuries and cause deaths, especially to children. There are almost weekly articles in Atlanta newspapers about pit bull attacks on children. One I read earlier this year talked about the death on an infant caused by a pit bull, and that when the dying child was being treated at Scottish Rite Hospital, there were 4 other children at the hospital being treated for injuries inflicted in unrelated pit bull attacks.

Pit bull and other dog attacks are clearly serious matters that need to be handled by serious lawyers who know how to handle dog attack cases. Proving an owner was at fault can be complicated. An owner is liable if he or she had prior knowledge the animal was dangerous or if the attack occurred while the dog was in violation of the local leash laws. Proving a dog is in violation of the local leash laws is relatively easy; proving the dog had dangerous and vicious propensities and that the owner knew it can be impossible.

An investigation needs to be made as soon as possible after the attack to pin down all the evidence supporting the facts surrounding the incident, especially, obtaining witness interviews before memories fade or purposely change. Neighborhoods need to be canvassed to find out what neighbors know about the dog in question regarding whether the dog was regularly running loose, and whether the dog had previously attacked or bitten anyone.

Because of the catastrophic injuries that can be caused by dog attacks, it is also important that the lawyers handling these cases understand the complicated medicine involved in treating wounds with skin graphs and other advanced treatments, as well as understand the psychological and emotional toll on dog bite victims.

]]> The lawyers in our office know how to handle these cases. If you or a family member or friend has been the victim of a pit bull or other dog attack, please call me to discuss your situation. Remember, time is very important to protect your fights against the at fault dog owner.

Georgia Law does not Tolerate Drunk (DUI) Drivers Causing Accidents (and Your Injury Case may Have Significantly more Value if the At-Fault Driver was DUI)

2010-07-01T01:20:40Z

As an Atlanta DUI accident lawyer, I know first hand that Georgia law does not tolerate drunk (DUI) Drivers. My many years of experience representing clients in Georgia DUI accidents cases has taught me that unlike dog bite cases, there is no "first bite" rule when it comes to drunk driving and auto accidents. DUI drivers are subject to serious criminal penalties and punitive civil damages even for their first drug or alcohol induced accident. However, the number of prior drug or alcohol offenses can be a significant factor in determining both the value of the injured party's claim and the number of other potentially responsible defendants.

Obviously, a driver with multiple drunken driving offenses will be subject to a higher punitive damage award than a person with no such prior offenses. Circumstances are important as well. A very drunk driver who causes a collision while on the way from one bar to another will be a far more inviting punitive damage target than an older woman who had one too many cocktails at a Sunday school party. It is imperative to learn the story behind the drinking in order to determine its real value to the case.

If the impaired driver is acting within the course and scope of his/her employment at the time of the accident, the employer will be responsible for the injured party's actual damages to the same extent as its employee. However, any punitive damages awarded against the drunk driver will not be the responsibility of the driver's employer because punitive damages are awarded to deter or punish specific behavior. This distinction can be hugely significant because insurance coverage may not exist (or may be inadequate) for punitive damages awarded only against the drunk driver.

In order to recover punitive damages against an "on the job" drunk driver's employer, it is necessary to establish a separate basis of intentional or reckless behavior on the part of the employer. The easiest way to establish such behavior is to prove that the employer allowed its driver to continue operating a vehicle for work purposes after having previously received a DUI citation. If a prior DUI can be proved, this may allow an injured party to recover punitive damages against the employer for permitting its employee to continue using a company vehicle (or his/her own vehicle for company business) despite knowing that the employee has exhibited such dangerous behavior in the past.

In these cases, it is essential that the drunk driver's employment file be obtained from his/her employer so that the injured party can establish that the employer was aware of any prior driving irregularities, including DUI charges. After obtaining the personnel file, it is often necessary to take the deposition of the drunk driver's supervisor or Human Resources Director in order to determine whether any additional information exists about the driver's prior actions, and whether the employer has adequate safeguards in place to insure that its employees are maintaining a safe driving record. Until all efforts have been exhausted to understand exactly what the drunk driver's employer knew and when it knew it, a fair value cannot be determined. There are simply no shortcuts if the goal is full and fair compensation.

If you or someone you know has been injured in an accident caused by a DUI driver, please contact our office. We would be pleased to discuss you situation with you with no obligation or fee.

Drop-Side Cribs in Georgia (and the rest of the country) Continue to Pose Serious Threats of Personal Injuries and Deaths

2010-06-25T23:10:34Z

As an Atlanta personal injury attorney, and father of two wonderful children, I noted with interest an article in the AJC on line today about the recall of more than 2 million cribs from seven different companies. The cribs are suspected of potentially causing suffocation and other injuries. The companies involved are Evenflo, Delta Enterprises Corp., Child Craft, Jardine Enterprises, la Jobi, Million Dollar Baby and Simmons Juvenile Products, Inc. This brings the total of drop-side cribs recalled in the past five years to 9 million.

Most injuries to babies caused by cribs result from "drop-side" models that allow the side of the crib to be lowered for easier access to the baby. However, these drop-sides can sometimes malfunction and drop on their own, trapping babies and causing very serious injuries or even death. The problem is so serious that the sale and manufacture of these cribs may be permanently banned by the Consumer Product Safety Commission by the end of this year. Let us hope so.

Representing families affected by poorly designed cribs is a challenge. The heartbreaking circumstances of these cases are emotionally devastating, and legal claims are often the last issue devastated families wish to consider. However, unless these claims are brought and vigorously pursued, more families will suffer the same fate. Products liability claims in Georgia are complicated from a legal perspective, and require a law firm with the experience and financial resources to see them through. Many manufactures are based outside of the United States and are, therefore, difficult to sue. Additionally, these cases will involve national experts, many of whom are located far from Georgia. Without a clear understanding of how to put these cases together, they can quickly become very expensive and difficult to win.

Our law firm represents families throughout Georgia in products liability claims, trucking and auto accidents, premises liability, medical malpractice and wrongful death. We are especially sensitive to issues involving injured children, and strive to create a comforting atmosphere to lesson the stress of these emotional cases. If you or someone you know has been injured by a faulty crib, please contact us and we would be pleased to schedule a meeting to discuss the matter.

Georgia Drunk Driving Accidents are Far Too Common, Serious, and Entirely Avoidable

2010-06-24T23:35:31Z

While all auto accident cases that cause serious personal injury or death are tragic, the most senseless and avoidable of these are those involving drunk drivers. As an Atlanta car accident lawyer, and more importantly as a long time Georgia resident with two school age children, I was saddened to read in the AJC on line about the untimely death of Jordan Griner who was apparently killed by a drunk driver with a blood alcohol level of .229 (nearly three times the legally allowed limit in Georgia). This death was tragic, senseless, and entirely avoidable.

From a legal perspective, claims involving drunk drivers are far more complex than they may seem. In addition to money damages for medical bills, pain and suffering and (as in this case) wrongful death, persons injured by drunk drivers are often entitled to an award of punitive damages. Punitive damages are awarded in addition to all other damages, and are designed to punish and deter these dangerous drivers so that they will not engage in such reckless behavior in the future.

In addition to seeking full compensation from the drunk driver, it is also essential to look deeper into the facts of the accident to determine whether other people or business may share responsibility for the drunk driver's actions. For example, if the drunk driver had been obviously intoxicated while drinking at a local bar or restaurant, that business may also owe money damages under Georgia's Dram Shop Act. That law provides that a purveyor of alcohol may be held liable for injuries caused by its customer to other persons if the seller of the alcohol "knowingly sells, furnishes or serves alcoholic beverages to a person who is in a noticeable state of intoxication, knowing that such person will soon be driving a motor vehicle." From the AJC article, it looks like there may very well be others responsible because the drunk driver had just gotten off work at a night club and one might expect that others at the club know she was drunk and let her get behind the wheel of her car.

Exploring these issues and getting to the bottom of all causes of car accidents involving drunk drivers requires an experienced attorney. A "surface approach" to these cases can lead to a substantially reduced recovery. If you or someone you know has been injured by a drunk driver, please contact our office and we would be pleased to meet with you personally to discuss the matter.

Nine Year Old Clayton County, Georgia, Boy Almost Drowns at Day Camp

2010-06-24T02:44:19Z

It has been two weeks in a row now that I have read AJC on line articles about young children drowning or almost drowning in metro Atlanta. As an Atlanta personal injury lawyer who represents families of drowning victims, I always know that when summer arrives I am going to regularly read about young drowning victims in metro Atlanta and north Georgia.

The first article is about a nine year old boy who is in critical condition after almost drowning while attending a day camp at a Recreation Center in Jonesboro, Georgia. The second article is about a 4 year old girl who drowned in Gwinnett County. Apparently, the Clayton County boy could not swim and was drowning when he was pulled from the pool, given CPR and taken to Southern Regional Hospital and later airlifted to Egleston Hospital in Atlanta. The four year old girl was pulled from the water after she was notice lying still in the water at an apartment complex pool.

I just wrote a blog about a 7 year old who drowned at an apartment complex pool and I have the same thoughts about this apartment complex drowning. I want to focus this blog on the Clayton County near drowning. According to the newspaper article, the investigation surrounding the drowning is still continuing. And it should be. Unlike the young boy and girl that drown in Gwinnett County, the Clayton County boy suffered his injuries while attending a day camp at a Recreation Center. This raises a number of questions about why this happened and who might have been at fault for allowing it to happen.

Clearly, the day camp the boy was attending had a responsibility to keep the child safe while he was at the camp. Questions will need to be answered about why the child was left unsupervised long enough to almost drown. The day camp might try to claim that the rec center was responsible for keeping the child safe when he was in the pool. The rec center might claim the pool management company providing life guards for the pool was responsible for the boys safety and failed to adequately to do so. It appears that there are therefore three possible at fault parties and perhaps more.

As mentioned in my previous blog, an early thorough investigation needs to be made to quickly establish all the evidence to prove which parties are responsible for allowing this young child to almost drown. Competent experienced attorneys need to get to work as soon as possible to conduct this investigation to properly make claims against those parties. Please contact our office if you would like to speak to attorneys that can properly pursue these matters.

Georgia Boating Accidents Are as Dangerous as Cars Accidents

2010-06-22T12:29:50Z

As the heat of summer arrives in full force, more Georgians than ever will be heading to the many beautiful lakes in our area for weekends away, or simply for a day of fun with family. Pleasant as these short trips can be, they pose potential hazards that can lead to unexpected tragedy. I was sad to read in the AJC online today about a 15 year old girl who was seriously injured while being pulled behind a boat on an inner tube in Lake Lanier. She was apparently stuck by another boat as it passed close by. As a Georgia personal injury attorney, and as a boat owner on a local Georgia lake myself, this sad story serves as a reminder of the damage that can be caused by water craft, and of the way these cases must be handled when seeking money damages for injuries caused by boating accidents in Georgia.

Under Georgia law, boats are treated essentially as floating cars for purposes of determining fault when accidents occur. As with auto accidents, boaters are liable for damages caused by their negligence while boating on public lakes in our state. This includes failure to yield the right of way to other water traffic, failure to keep a safe lookout for other boaters or swimmers, and failure to obey the established rules for operating water craft safely in Georgia waters. Rules for operating boats, jet skis and other water craft in Georgia include age restrictions, speed limits, and registration and titling requirements.

When these tragedies occur, it is essential to gather as much information as possible as soon as possible. This can be difficult in boating accident cases because water craft are far more likely to be moved after an incident (before law enforcement can arrive to investigate) than is usually the case with car crashes. Contact information for any witnesses to the incident should be gathered, and photos taken of the water craft in question and of the negligent operator if possible. This information will assist an experienced attorney in building a case that will lead to the recovery of money damages against any negligent parties.

Sadly, many injuries caused by water craft also involve alcohol. When this is the case, an experienced attorney will explore not only a punitive damages claim against the intoxicated boater, but will also explore the possibility of money damages against anyone responsible for providing the alcohol. As a boat owner, and as an experienced Georgia personal injury attorney, I understand the unique issues that often arise in these tragic circumstances. If you or someone you know has been injured by a boat or other water craft, our law office would be pleased to schedule a meeting to discuss the matter. Please fell free to contact us.

Georgia Medical Malpractice Lawsuits for Injuries Caused when Foreign Objects are Left in the Patient's Body After Surgery Must be Brought with One Year

2010-06-22T01:33:52Z

Georgia medical malpractice lawsuits pursuing damages for injuries caused when foreign objects are left in a patient's body must be brought within one year from when the negligent or wrongful act or omission is discovered. I touched on this in an earlier blog. The general statute of limitations for medical malpractice cases in Georgia is two years. When a foreign object is left in a patient, the statute is one year from the discovery of the object, except when the one year period would be less than the general two year provision. In that case, the patient will not be cut off by the one year provision.

Georgia law does not include as foreign objects chemical compounds, fixation devices or prosthetic aids or devices. The Georgia statutes do not specifically define a foreign object, but examples of foreign objects found by Georgia courts are a surgical sponge, steel arterial clamp and a bulldog clamp.

A case against a doctor for leaving a foreign object in a patient does not rely on showing professional judgment or discretion. The doctor is liable because he either knew about the object or should have known since he or she put it there and failed to take it out. This does not mean these types of cases can be handled by any lawyer. Any case claiming medical malpractice should be handled by an experienced attorney who regularly handles medical malpractice cases. For instance, knowing when the one year statute of limitations begins to run in a foreign object case can be the difference between having a case and not having a case.

Gwinnett County, Georgia, Seven Year Old Drowns At Apartment Complex Pool

2010-06-15T02:46:37Z

I read an AJC on line article today about a 7 year old boy who drowned at a pool at a Suwannee apartment complex. As a father of two children, I cannot imagine the pain the family must be feeling. As a personal injury lawyer representing clients in Atlanta and north Georgia, I am curious about how such a tragedy occurred. According to the article, the young boy was pulled out of the water when discovered floating face down. It is unclear how long the boy was underwater before he was pulled out. A later written AJC on line article indicated that the boy was at the pool with his mom and other members of their church.

Although there is nothing to bring this young boy back to life, the parents of the child may have a claim to recover wrongful death damages for his death. For this to happen, the circumstances surrounding the death need to show that someone other than a family member was negligent in allowing the boy to drown. For instance, if the apartment provided a life guard service, there may be a question as to whether the life guards on duty failed to provide adequate protection for the swimmers. Issues can also arise regarding the slope of the pool and whether a safety line is in place. The facts could also support that another swimmer was responsible. There are many possibilities.

These types of cases are difficult to pursue successfully. Because the circumstances surrounding a drowning are so important to proving liability, the sooner a lawyer is involved, the sooner he or she can investigate the facts surrounding the incident to preserve evidence, including witness statements. Memories fade quickly and can be influenced and physical evidence tends to be lost and destroyed very quickly if they are helpful to prove a person or an entity was at fault causing the drowning. Hiring an attorney quickly ensures a proper investigation memorializing witness interviews and discovering and safekeeping physical evidence.

Experienced attorneys are also required to pursue drowning cases because expert testimony is often required to properly prove both liability and damages issues. For instance, expert testimony is required to determine whether a slope of a pool is appropriate. Also, wrongful death damages are measured as the full value of the life of the deceased individual, and evidence of this often includes complicated expert testimony about what a person might earn during a normal life.

It is very sad the little boy somehow drowned last weekend. Hopefully, if the parents are interested in pursuing a possible claim for their son's death, they consult with competent legal counsel as soon as they are up to it.

Texting and Driving Finally Against the Law in Georgia

2010-06-11T02:23:54Z

Texting and driving is finally against the law in Georgia, and as an Atlanta automobile accident lawyer practicing all over north Georgia, I am hopeful that the new bills signed into law by our governor on June 4, 2008, will stop the epidemic of Georgia citizens (and visitors), operating their motor vehicles while they text and surf the web. The new laws ban texting and surfing the web by all drivers and ban the use of cell phones by drivers under the age of 18. Violating either law will cost you $150.00 and one point on your license.

The reason I say I am hopeful, is because today when I was driving on I-85 inside the perimeter, I looked over and a women traveling at least 70 miles per hour next to me was texting on her cell phone. Although the laws do not go into effect until July 1, 2010, you would think that with the amount of press that surrounded the governor signing the bills and the reason for the laws, people would immediately change their behavior. We can only hope that after July 1 and after folks start paying fines for violating the laws, drivers will finally stop this deadly behavior.

Unfortunately, the fact that texting and driving is now against the law and has catastrophic consequences will not completely stop drivers from breaking the law causing accidents and terrible injuries and deaths. Laws were passed many years ago outlawing drinking and driving, but that unfortunately did not stop everyone from drinking and driving. Innocent victims will continued to be badly injured and killed at the hands of drivers operating their vehicles while texting and surfing the web. The good news is that we can expect there will be many fewer injuries and deaths with the new laws finally enacted.

Georgia Doctor and Hospital Sued for Medical Malpractice for Leaving Towel in Patient

2010-06-04T00:32:30Z

As an Atlanta medical malpractice lawyer practicing in North Georgia, I was amazed to read about another Georgia lawsuit claiming a doctor and hospital staff committed malpractice by leaving a towel in a patient during surgery. The towel was apparently left in the patient's abdomen during a partial colectomy on February 17, 2007.

According to the article in the DaltonNow.com, the patient continued to suffer abdominal pain, nausea, vomiting, dizziness, and loss of appetite for a full two years. It wasn't until February 26, 2009, when the patient had exploratory surgery to try to figure out what was wrong that the towel was discovered.

The patient then hired two fine lawyers in north Georgia and filed suit against the surgeon and the surgical staff at the hospital. In response to the lawsuit, the doctor says it is the hospital's fault and the hospital says that it is the doctor's fault. This type of finger pointing is not surprising, but it won't work well if the case is tried to a jury. Clearly, someone did something wrong. Under no scenario does leaving a towel in a person meet the standard of care. Pointing fingers at each other only aggravates a jury and typically leads to an increased verdict.

We unfortunately see these types of cases in our practice far too often. One of the important things to remember when pursuing a foreign object claim is that the statute of limitations is different than a typical malpractice lawsuit. When a foreign object is left in a patient's body, the action must be brought within one year after the negligent or wrongful act or omission is discovered. In an earlier blog, I discussed at length the 2 year statute of limitations applicable to most medical malpractice claims.

As I have discussed before, medical malpractice lawsuits are very complicated and require experienced lawyers to prosecute. If you believe you or a loved one have been the victim of medical malpractice, either by a foreign object being left in the body after surgery, or by any other negligent act of omission, please call me to discuss you situation. There is no fee or obligation to talk with me. If you don't call me, please speak to another experienced medical malpractice attorney to fully understand your legal rights.

Atlanta Road Rage Accidents Cause Injuries and Death

2010-05-19T15:23:42Z

As an Atlanta automobile accident lawyer I have had numerous clients injured in wrecks resulting from road rage. The latest involved in an accident on an Atlanta highway caused when an irate driver quickly changed lanes into the lane of travel of my client and slammed on his brakes. Trying to avoid running into the rear of the other vehicle, my client lost control of his SUV and careened into the median wall and the SUV flipped on its side.

The interesting thing about this incident was that my client was not in any way involved in the road rage behavior between the two other drivers. He was simply in the wrong place at the wrong time and was the innocent victim of intentional bad behavior. He was injured, but fortunately he has completely recovered. He is very fortunate that his injuries were not more serious. We have represented others injured in accidents that are the results of road rage who have been seriously injured and the family of one person killed.

Like all Georgia automobile accident cases, those injured and the families of those killed in an accident resulting from road rage may seek monetary damages for the negligent and intentional acts of those responsible for causing the accidents. The damages include compensation for medical bills, lost wages, the diminished capacity to earn, and emotional and physical pain and suffering. If someone is killed, the survivors of the deceased can also recover wrongful death damages for the full value of the life of the deceased.

What is different in cases involving road rage is that in addition to the damages available talked about above, punitive damages are also often recoverable. Punitive damages are awarded in Georgia not to compensate the injured, but solely to punish, penalize and deter the wrongdoer. They are only available in cases where the wrongdoer's actions show a willful misconduct or a conscious indifference to the consequences. In Georgia, typical road rage behavior rises to this level, and a jury may award punitive damages at the trial of the case. This is important, because punitive damages can be considerable, increasing the value of the case significantly.

If you or a loved one has been injured or killed in an automobile or trucking accident resulting from road rage, please feel free to call me to discuss you situation. If you don't call me, please speak to another competent lawyer who knows how to pursue these cases. Having the right lawyer in these types of cases can have a dramatic impact on the value of your claims.

Many Georgia Medical Malpractice Lawsuits must be Filed Within 2 Years

2010-05-17T01:43:25Z

As a medical malpractice lawyer practicing in Atlanta and north Georgia, I am regularly asked by potential clients to review the facts surrounding possible medical malpractice claims to determine whether successful claims and lawsuits can be made against medical providers. The decision to pursue a medical malpractice claim is complicated. The costs involved regularly exceed tens of thousands of dollars and the chance of success is often slim. One of the first items I look at when reviewing a possible claim is whether the claim/lawsuit can me timely made. If it can't, there is no reason to look any further as to whether a claim can be made.

The time to bring a medical malpractice claim/lawsuit is called the statute of limitations. The statute of limitations for most medical malpractice cases is two years. Specifically, the O.C.G.A. § 9-3-71(a) provides in part: "an action for medical malpractice shall be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred." This requires the injured person or the representative of someone killed to bring the claim within two years from the date the injury occurred, not two years from the date the malpractice occurred. It is important to remember and understand that the date of malpractice may be different than the date of injury.

This distinction most often becomes an issue in cases involving a misdiagnosis. Typically, the date of the injury is considered to be the date of a misdiagnosis. But in many cases the injuries sued for begin after the misdiagnosis. To allow the statute of limitations to begin before the patient could possibly be aware of the misdiagnosis would be unfair. In this situation, the statute begins to run from the date the symptoms manifest to the patient. In other words, when the injury occurs after the date of the negligent medical treatment, the statute of limitations runs from the date the injury is discovered.

There are exceptions to the general rule that medical malpractice lawsuits must be brought within the two year statute of limitations. The most notable are cases involving foreign objects and children. I will probably discuss these in a future blog. What is import to know is that medical malpractice lawsuits are the most complicated personal injury and wrongful death claims that are made in Georgia. You need to be sure to retain a lawyer that is experienced handling these types of cases. We are. Please do not hesitate to contact me if you would like to discuss whether you might have a valid claim for medical malpractice or to simply to discuss your situation. It would be my pleasure to speak with you.

Two Children run Down by Elderly Driver While Crossing the Street to Board a School Bus in Tift County Eerily Similar to Recent Cobb County Child Pedestrian Death

2010-05-06T02:13:32Z

As an Atlanta personal injury and wrongful death attorney practicing in north Georgia, I was saddened to read an online article by a local Albany news station about 2 children run down by an elderly driver while awaiting a school bus. Not only was I saddened, I was also amazed because the tragedy is almost identical to a situation handled by our firm about two months ago. In the earlier case, a young Hispanic girl was tragically killed in Cobb county when an elderly woman ran her over while she waited to board her bus to go to school. Although neither child died in the Tift county incident, a young boy is still in intensive care because on his injuries.

In the Tift county incident, a 92 year old driver somehow failed to realize the school bus was stopped and ran over the children while they crossed the road to board the bus. It is likely the bus had its stop sign out and its red lights flashing. The impact was so hard that the little boy was knocked out of his shoes and flew some distance before landing on the road unconscious. Although no charges had been filed when I wrote this blog, it is my guess that the investigation will reveal that the children did nothing to contribute to the incident, and that the blame will be on the elderly driver for failing to observe the stopped school bus with its flashing lights.

It is difficult for me to understand all the heartache that comes from this type of incident. First, my heart goes out to the 92 year old gentleman and his family. As we all get older, we know the day will come when we will be unable to continue to do the things we once could, including drive safely. I don't know if this is the case for the driver in this incident, but I bet it might be. To discover this and to cause harm to children at the same time - I can't imagine how that would make you feel.

Second, I am the father of 2 children. I try to imagine what it would feel like to witness my son get knocked out of his shoes and fly through the air after being struck by a car, or even to get a call that such an incident happened and that he was on his way to the hospital. I can't imagine.

Legally, if the elderly driver is at fault for running down the children, the children and their parents will have claims against the driver. In Georgia, when a child is negligently injured, the parents have a claim for the medical bills relating to treating the child for injuries. This makes sense because children cannot enter into a binding contract until they are 18 years old. The child has a claim for the emotional and physical pain and suffering and any future lost wages and the diminished capacity to earn. Both of these claims can have significant value depending on the severity of the injuries to the child.

Accordingly, It is important to hire an expeinced personal injury lawyer to assist you with these types of claims. The time to bring these claims is different depending on whether you are the child or the parents. Also, finding all possible insurance to properly fund a settlement or judgment -- like with all personal injury and wrongful death claims -- is very important. Without adequate insurance, the claim can be worth very little, even if the injuries are catastrophic or there is a death.

If you would like to discuss your situation with me, please contact me and I would welcome the opportunity to talk to you. Our firm handles only personanl injury and wrongful death claims.

Tractor Trailer Accident Killing Driver Provides Atlanta Trucking Lawyer Opportunity to Discuss Important Driver Issues

2010-05-03T01:25:20Z

As a Trucking lawyer representing injured clients in Atlanta and central and north Georgia, I was sadden to read in an article in the Savannah Morning News on line about a truck driver who was killed when his tractor trailer left the road and collided into trees in Wentworth, Georgia. The article indicated that authorities do not know why the vehicle left the roadway. It was a straight road and the weather was good. There were no skid marks or any other indications that the driver took any evasive action to avoid the crash.

My thoughts are that the driver either fell asleep or had an emergency medical condition like a heart attack that led to the collision and death. Many tractor trailer accidents are caused by driver fatigue leading to drivers falling asleep. These accidents often lead to catastrophic injuries and death. Accordingly, Federal regulations prohibit trucking companies/drivers to operate commercial vehicles when the driver is impaired by fatigue, illness, or any other cause which makes it unsafe for the driver to operate his or her vehicle.

These regulations also set a maximum number of hours a driver can drive per day and week. The purpose of the regulations is, of course, to prevent accidents and injuries and deaths caused by driver fatigue. Violations for these regulations can lead to sanctions against the driver and the company, and evidence of the violations can be used to prove negligence in civil suit arising from the accidents.

Considering the number of trucks on America's highways, it is not surprising that there are also a number of accidents that are caused by driver health issues. Federal regulations prohibit drivers from operating tractor trailers for many health reasons, including, but not limited to, if they have diabetes requiring insulin to control, a serious heart condition, a history of respiratory problems, high blood pressure or joint or muscular problems that affect the driver's ability to drive, have epilepsy or any other condition that can cause a loss of consciousness, or have bad eyesight or hearing.
Drivers are required to have physical exams every 2 years or earlier if a physical or mental injury or disease impairs the driver's ability to drive a truck.

Lawsuits against trucking companies can be difficult and complex. The use of experts is often needed to prove your case. For example, when issues involving driver fatigue appear to be a play, hiring a qualified expert to examine the trucking company's system of monitoring its drivers' hours of service may be necessary to prove or bolster liability against the trucking company. Likewise, medical experts may be needed to determine if a driver and the company are violating the federal regulations regarding the driver's health.

It is very important if you hire an attorney to handle your claims against a trucking company, that your attorney has the experience and knowledge to understand all the complex issues arising in trucking claims. This includes knowing when and how to retain expert testimony from a properly qualified expert. The attorneys in our office have this experience and knowledge. Please contact our firm to discuss your possible case with one of our attorneys. There is no obligation, and we welcome the opportunity to discuss your case with you.

Parents may be Responsible for Damages for Georgia Car Accidents Involving Their Children

2010-05-03T00:03:18Z

As a Atlanta automobile accident lawyer who practices throughout central and north Georgia, I have handled many personal injury lawsuits where the at fault party to a automobile accident is a minor or a college student driving a vehicle provided to them by one or both of their parents. The question that often arises in these cases is whether the parents of the young drivers are also liable for the damages caused in the accident.

In Georgia, a parent or parents are liable for the injuries and damages caused in an automobile accident by their children if the vehicle being driven can be classified as a "family purpose vehicle." The family purpose doctrine generally provides that when an automobile is maintained by the owner for the use and convenience of his family, the owner is liable for the negligence of a family member having authority to drive the car while it is being used for a family purpose. The courts look to four criteria to determine whether the family purpose doctrine applies:

1. The parent must own or have an interest in or control over the automobile;
2. The vehicle owner must have made the automobile available for family use;
3. The driver must be a member of the owner's immediate household; and
4. The vehicle must be driven with the permission or acquiescence of the owner.

Generally, if the child lives with his or her parents, the parents provide a vehicle for the child for his or her use, the parents retains control over the vehicle, and the child lives in the parents' immediate household, then the parents will likely be responsible for any accident the child has and responsible for any injuries and damages caused in the accident. If any of the criteria are not met, then there is no parent liability.

For example, in the last case I was involved in where the family purpose doctrine looked like it might apply, the driver of the vehicle was a college student at the University of Georgia living in Athens where the accident occurred. In that situation, even though the driver was at the time of the collision living away from home at college, the family purpose rule did apply because the student still had a room at home, received mail there and returned to the residence each holiday and intended to return after he graduated. In that situation, the student had two households, the one at college and the one with his parents.

It is important that if you are in an accident and you hire an attorney to represent you to recover damages for injuries you suffered in the accident, you hire experienced attorneys that know Georgia law and how to properly and successfully pursue a claim under the family purpose doctrine. Sometimes the only way to recover damages is if the parents are proper parties to the claim or lawsuit.

The attorneys in our office have the experience and know how to successfully pursue these claims. We have handled hundreds of claims involving the family purpose doctrine. If you would like to discuss your situation with me directly, please contact me and I would welcome the opportunity to speak with you about these issues and any other that you would like to discuss.