Atlanta Personal Injury Lawyers Blog

Atlanta Injury Lawyer Reminds Drivers to Wait and Look When Traffic Lights Turn Green to Avoid Vehicles Trying to Beat the Light

2011-12-13T00:58:22Z

As an Atlanta injury lawyer and metro Atlanta driver, I want to remind my fellow drivers to wait and look in both directions when you are the first stopped car at an intersection when a traffic signal turns from red to green. Every day as I drive to and from my office, I see motorists trying to beat yellow lights. Unfortunately, too many drivers do not beat the light and drive into the intersection after the light has turned red. When this happens, drivers waiting on side streets have green lights and come into the intersection into the paths of the vehicles resulting in violent collisions causing serious injuries and sometimes deaths.

]]> Over the years, I have represented a number of drivers and passengers seriously injured in these types of collisions. Because the drivers running red lights are almost always trying to beat the yellow light and accelerating, the collisions are often severe. If you are driving a car that is the first stopped and intersection on a red light, a very simple way to avoid these collisions and being seriously hurt or killed is when the light turns from red to green, wait and look in both directions to ensure that vehicles coming from either direction are not trying to beat the light and all vehicles are stopping as required by law. Once you have done this, then you may safely proceed through the intersection and go on your way. It is that simple.

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.

Holiday Car Accidents Cause Injuries and Deaths in Atlanta and Throughout Georgia

2011-11-29T21:34:34Z

I just read an article in the AJC online about motorist killed in Georgia over the recent Thanksgiving weekend. As a Atlanta car accident lawyer representing injured individuals throughout north Georgia, this is a stark reminder about the increase in car accidents and trucking accidents in Atlanta and throughout Georgia during all our major holiday weekends.

]]> From Thursday to Sunday afternoon last weekend, there were 344 crashes, 206 injuries, and 12 people died in accidents on Georgia roads. These statistics are very similar to the accident statistics for all major holidays. Many Americans travel by car over holidays to visit family and friends and this will be equally true this upcoming Christmas and new year holiday season. It is likely there will be more accidents, injuries and deaths because the upcoming holiday covers more days and the number of serious injuries and deaths will likely be greater because of accidents caused by DUI drivers on New Years Eve.

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.

Atlanta Drivers Lose Their Minds When it Rains Causing Accidents and Injuries

2011-11-29T01:01:21Z

As an Atlanta car accident attorney, many of the cases I have rise out of injuries caused in accidents when it is raining. Indeed, on my 8 mile drive to my office this morning in the rain, I was passed on two separate occasions by emergency vehicles and actually came upon the scene of a rear-end collision before any emergency personnel arrived. It really does seem that Atlanta drivers lose their minds when it rains causing accidents and injuries, and I don't know why.

]]> If drivers would use common sense the number of rainy day accidents would come down significantly. There are a few things driver should remember if they have to drive in the rain:

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.

Crime Victims in Atlanta can Recover Money Damages

2011-11-15T01:32:43Z

Everyday people are hurt and killed by criminal attacks in Atlanta. There are almost daily assaults, rapes and murders at Atlanta apartment complexes and hotels (and many other Atlanta businesses), and the crime victims almost never have financial recourse against the criminals because the criminals are either never apprehended or have no assets or insurance to pay a civil judgment. Fortunately, there is still a way for Atlanta crime victims to recover money damages for their losses.

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.

Atlanta Car Accident Lawyers Can Now Pursue Retailers Who Sell Alcohol to Drunk Drivers Who Hurt or Killed on Georgia Roads

2011-11-07T01:51:01Z

Because of a recent landmark case, Atlanta car accident lawyers can now seek injury and wrongful death damages against retailers who sell closed or packaged alcoholic beverages to drunk drivers who hurt or kill on Georgia roads. The Georgia Supreme Court held in Flores v. Exprezit! Stores 98 - Gerogia, L.L.C., No. S10G1652, that the Georgia Dram Shop Act allows those hurt or killed by drunk drivers to recover damages against convenience stores, grocery stores, mom and pop roadside stores, and other retailers who sell alcohol to those noticeably intoxicated who cause accidents.

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.

Atlanta Tractor Trailer Accident Lawyer Reminds You to Act Fast

2011-11-04T19:14:55Z

Georgia tractor-trailer accidents often cause catastrophic injuries and death in the blink of an eye, and those injured and the families of those killed need to act fast to ensure a proper claim can be made against the truck driver, his company and his insurance company. Large trucking companies and their insurance companies aggressively defend these cases for several reasons:
• Tractor trailer accidents cause catastrophic injuries and death;
• Jurors are less sympathetic to trucking companies; and
• Juries often award larger verdicts against trucking companies than they do drivers of private cars.

These companies have rapid response teams made up of lawyers and investigators that can arrive on accident scenes within hours to secure physical evidence and statements to help them defeat any future claims by those injured or the families of those killed. Accordingly, lawyer representing tractor trailer accident victims need to act equally fast to secure and preserve all available evidence needed to support these claims.

]]> To do this, trucking accident victims need to hire an experienced trucking accident lawyer as soon as possible after the accident. Once this happens, the lawyer will immediately put together his or her own rapid response team which should include an experienced accident reconstructionist, an experienced truck mechanic/inspector, an experienced safety compliance expert, an experienced investigative photographer, as well as other experienced experts, including someone knowledgeable in downloading and reading the on board computer. There can be no delay in hiring these experts to ensure they act quickly to preserve and analyze all the available evidence to properly respond to the defense team and develop a winning case.

I know if you or a family member has been the victim of a tractor trailer accident, the last thing you will probably be thinking about is hiring an attorney to make a claim. Unfortunately, if you do not act quickly and consult with an attorney, the ability to prevail on your claim may be lost.

Injuries or Deaths Caused in Hydroplaning Accidents can be the Fault of Several Parties

2010-10-24T01:28:42Z

As an Atlanta injury and wrongful death attorney I have been asked on several occasions to represent clients injured or killed when a vehicle hydroplanes and causes an accident on metro Atlanta and north Georgia roads. Because of the hills throughout north Georgia, when there are heavy rains (and sometimes not so heavy), roads often times have deep puddles and flooding that can cause a car or truck to hydroplane and drivers to loose control of their vehicles causing serious accidents.

When this happens and someone is injured or killed, the injured individuals and the families of those killed have claims against the person or persons responsible for causing the collision. The driver of the hydroplaning vehicle will often claim they did nothing wrong and there wasn't anything they could have done do to avoid losing control of their vehicle. My belief is that if the vehicle hydroplaned, it is more likely than not that the driver did do something wrong. First, a good argument can me made that if the vehicle hydroplaned, the driver was driving too fast for conditions. Simply put, if the driver had been driving at an appropriate speed for the conditions of the road, the car would not have hydroplaned. What we also find is that the tires on the hydroplaning vehicle are often overly worn, and had the tires been properly maintained, the vehicle would not have spun out of control. These two arguments often are enough to find the driver has some fault for causing the hydroplaning accident.

]]> Other possible at fault parties for causing a hydroplaning accident are developers and contractors. I had a case where the passenger in a car was paralyzed from the neck down when the vehicle she was in hydroplaned out of its lane and was struck by an oncoming vehicle. The case went to trial and a jury found that the developer of a shopping center had negligently designed a shopping center allowing water to run into the roadway. I learned first hand in that case that if a developer or contractor negligently causes water to run into the road and pool, they may be liable for injuries or deaths resulting in an accident caused by their negligence.

Another possible responsible party for causing a hydroplane accident is the Georgia Department of Transportation. In a case that was recently settled, a woman and her unborn child were badly injured when the driver of another vehicle hydroplaned on a small road in Cherokee County, Georgia. Before the accident, numerous prior hydroplane accidents had occurred at the location of accident at issue, and the GDOT was told the road was a problem. Apparently, the GDOT had done some patch work on the road, but did not make the road completely safe. Ultimately, the GDOT paid over a million dollars to settle the claim that it had failed to properly design, construct and maintain the roadway and failed to warn of dangerous road conditions in wet weather.

The thing to understand is that prevailing on hydroplane cases can be very difficult. Even the claims against the driver are difficult to win because juries often don't feel there is anything the driver could have done to avoid hydroplaning. Claims against developers and the DOT can be even more difficult to prove. The theories of recovery against developers and the GDOT are almost always complicated and extensive expert testimony is almost always needed. Lawyer handling these cases must be experience and know how to handle these types of claims. If you have been in an accident caused by a vehicle hydroplaning, please do not hesitate to contact me to discuss your case. If you do not contact me, make sure to contact another experienced attorney to handle your claim.

Georgia Injury Lawyer Discusses Possible Claims When Deer Causes Car Accident

2010-10-15T20:00:56Z

Every so often I have clients call me about possible injury claims they might have when a deer runs into the roadway and causes an accident. I am not talking about claims for the actual collision with the deer - unfortunately, there is no way to make a claim against the deer. What I am talking about is when a deer runs into the roadway and is struck and the driver then loses control of their vehicle and causes an accident by leaving their lane of traffic. This can also happen when a driver causes an accident not after hitting the deer, but by steering to avoid the deer.

As a Georgia injury lawyer, my general attitude is that drivers on Georgia roads must keep their vehicles under control while operating them. But, having previously defended drivers in these situations, I am the first to recognize that if a deer runs out into the road and the vehicle hits the deer and the driver then loses control of the vehicle, a jury may find the driver did nothing wrong. The Georgia rules of the road, however, require (1) that drivers keep their vehicles under control at all times, (2) that they maintain their lane, and (3) that they not drive too fast for conditions. I think in the situation where the driver does not hit the deer, but swerves out of the lane to avoid the deer and strikes another vehicle, the driver would be liable to those injured in the other vehicle. Even though I like and enjoy wildlife, I don't think the decision to avoid a collision with an animal should be made if the consequences are injuring or killing a human being.

]]> It is a more difficult question when the driver actually hits the deer and then loses control of the vehicle. Of course the three rules of the road are still violated; the problem is a jury may find that the driver could not have done anything different. The facts of the actual incident will be very important to convince a jury that the driver should be liable. One of the main things to look at is evidence that the driver was speeding. Long skid marks, severe property damage and witness testimony can all be used to show that the driver was speeding when the deer entered that roadway. If a jury believes the driver was speeding, it is much less likely it will give the driver a pass for causing the accident even if a deer started the chain of events.

I also think that most drivers should know that when driving on rural dark Georgia roads, there is a very real possibility that a deer may dart across the road at any time. Because of this, I think that such drivers should proceed under the speed limit and keep a hyper diligent lookout deer or any other nocturnal wildlife.

There is no doubting that making claims against drivers who cause accidents after having deer dart in front of them or hit them can be very difficult. But, sometimes the injuries are so catastrophic or individuals are killed, that I am asked to try to recover damages for the victims in these cases. If you have this type of case, please contact me to discuss the possibility of making successful injury or wrongful death claims.

Atlanta Accident Lawyer Saddened that Georgia Pick-up Truck Seat Belt Law Cannot Save Fayetteville Man's Life

2010-10-13T02:24:40Z

As an Atlanta accident lawyer I was very excited last July when the Georgia General assembly and Governor Purdue passed legislation finally making it illegal for drivers and passengers of pick-up trucks to not use seat belts while in the front seats of the trucks. Up until that time, although it has been illegal for automobile drivers and passengers to not use their seat belts, folks in pick-up trucks were not required to do so. The exception made no sense at all, and I am sure many pick-up truck drivers and passengers were severely injured or killed by not wearing their seat belts. I thought with the passage of the new law, peoples lives would be saved. Unfortunately, the law itself cannot save lives.

]]> In that regard, I was saddened to read in a wsbtv.com on line article about a 55 year old man that was killed when he was ejected from his pickup truck when a teenager ran a stop sign in Fayette County. The driver was not wearing his seat belt. Of course I don't know whether the seat belt would have saved the man's life, but his vehicle flipped during the collision and the man was ejected from the truck. My understanding after practicing as a serious injury lawyer in Atlanta and north Georgia for 20 years is that when a driver or passenger is ejected from their vehicle during a collision, there is a very good chance the person will be killed. That is unfortunately what exactly happened here.

It can't be overlooked that the young driver caused the collision by running a stop sign. Under Georgia law, even though no criminal charges have yet been filed against the driver, he should be civilly responsible for the accident and the loss of the man's life, whether he is ultimately charged or not. It is tragic that the man was not wearing his seatbelt, but this fact cannot be used against his family in a civil suit to recover for his wrongful death. What they need now is prayers. At some point, however, they will need to consult with an experienced wrongful death lawyer who can guide and assist them in pursuing the claim for the wrongful death of their loved one.

Atlanta Car Accident Lawyer's Suspicions that New No Texting Laws are not Working Appear to be Confirmed

2010-10-12T02:18:22Z

Being a car accident and trucking accident lawyer, one of the things I regularly do is observe other drivers as I drive around the Atlanta and north Georgia. I can't help it, and it drives my wife crazy as I constantly comment on what other drivers are doing on the road. For years I have been watching with real concern one driver after another texting while driving, and I have written several blogs on the dangers of this practice. I was very excited when I heard Georgia law makers were planning to and then did pass a law making the practice illegal. I really thought that once the law went into effect on July 1, I would see a lot less texting on the road. Unfortunately, it appears that has not been the case.

Since the law went into effect earlier this year making texting and driving illegal and subject to a fine of $150 and one point on your license, I really hadn't noticed any difference in the number of drivers I observed texting and driving, and I was just commenting to a friend the other day about my observations. Then today, I read an article in the AJC on line that suggest that laws passed barring texting and driving may not be having any effect on the number of drivers texting and might be increasing accidents arising from texting and driving.

]]> According to the article, one study shows that as many as 16.000 deaths in the U.S. were caused by texting and driving from 2001 until 2007. It was these types of staggering numbers that have moved numerous states (30) to enact legislation making the practice illegal. Unfortunately, some highway safety experts believe texting bans designed to protect the public could have the opposite effect. It appears there are even more deaths now that the laws have been passed.

Apparently, this is because drivers are ignoring the laws and attempting to hide their texting and becoming more distracted than before. Expert measure the success of traffic safety laws by looking at the extent the laws are making the roads safer and reducing crashes, and, by that measure, the new texting bans are not working. It looks like the main problems with the new laws is that they are difficult to enforce. Accordingly, the laws alone probably will have very little effect on peoples' behavior until the penalties become much greater. In Utah, for instance you can be charged with murder is you kill someone with your vehicle will texting.

What is more likely to change folks behavior is articles like the one I read that drive home that texting kills. Plain and simple. The experts believe as more people die on the roads from drivers distracted by texting and the more people understand the very real risks of this behavior, there will be less texting and driving. Unfortunately, this will take some time and probably hundreds, if not, thousands of lives. If you are still texting and driving, please stop and tell family and friends to do the same.

Driver Fatigue or Illness Most Likely Cause of Tractor Trailer Crash and Georgia Death

2010-10-06T21:17:56Z

As an Atlanta trucking accident lawyer practicing in north Georgia, I am regularly blogging about cases and news articles that I read that are relevant to my practice and my clients. Two blogs ago I wrote about the serious problem truck driver fatigue is on our roads and highways. Today I read another article on line in the Rome News Tribune about a Georgia death likely caused by driver fatigue or illness.

According to the article, the driver of a tanker truck left the roadway and travelled approximately 400 feet through brushes and trees before the vehicle flipped killing the driver. There was no indication that the driver applied the brakes or did anything else to avoid the accident. At the time the article was written, officials could only speculate what happened, but believed the most likely cause of the incident was driver illness or the driver fell asleep.

]]> In another earlier blog, I previously discussed the federal regulations that prohibit trucking drivers/companies from operating commercial vehicles while the drivers are impaired by fatigue or illness. Considering the catastrophic injuries and deaths resulting from tractor trailer accidents it is very important that these regulations be strictly followed by companies and their drivers. Unfortunately, we find in our practice that especially the rules regarding the number of hours drivers can operate their vehicles are routinely violated causing or contributing to the wrecks involving our clients.

As I mentioned before, lawsuits against trucking companies are not typical car crash lawsuits and are complex and difficult. Lawyers handling these cases need to have significant experience litigating tractor trailer accident cases. The attorneys in our office have this experience if you or a fimily member has been in an accident with a tractor trailer, 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.

Cyclists Often Seriously Injured and Killed in Georgia Accidents

2010-10-05T02:36:07Z

As an Atlanta personal injury and wrongful death lawyer, I unfortunately am often called upon to make claims and file lawsuits on behalf of individuals and their families who are seriously injured or killed while riding bicycles on Atlanta and north Georgia Roads. Because of this, although I really enjoy riding and have 2 road bikes, I have a really hard time finding the nerve to actually get out and ride my bikes. I spin in classes and run and swim, but have not been able to bring myself to ride in sometime. I used to get up very early on Sundays, but I don't even do that any more. The next thing I was going to try to do is group rides. I figured the more cyclists on the road together, the better the chance that a motorist would see us and not run us over.

Unfortunately, I just read an article in the AJC online about 5 cyclists in Augusta who were run down from behind by an SUV while on a group ride. One of the riders, a military orthopedic surgeon who served in Iraq in 2009, was the most injured and he remains in critical condition fighting for his life at the medical college of Georgia. He had head trauma and has been unconscious since the accident. He is married and has a 7 month old daughter.

]]> What is amazing is that the driver of the SUV told investigators that he just wasn't paying attention. The officer being interviewed for the article did not know what distracted the driver; he was just told that he was distracted. It is my guess the driver was on the phone, texting, eating, looking at papers or doing any number of things that could have distracted him. When will folks learn that a motor vehicle is more dangerous than a loaded gun. Far more people are killed by motor vehicles than by guns in the United States.

The conflict between the bicycle and the automobile or truck is always won by the motor vehicle, and the consequences are often catastrophic and deadly. Because of my practice representing injured cyclists and the families of those killed, I understand this all too well and it has kept me off my bike. I know that many of you don't find staying off your bike an option you can live with. If you continue to ride, I envy you and hope you are furtunate enough to avoid a collision with a distracted motor vehicle driver. If you are in an accident, please do not hesitate to call me to discuss your rights. These matters have a special meaning to me.

Driver Fatigue is Cause of 31% of Tractor Trailer Accidents in Georgia and the Nation

2010-09-30T13:38:49Z

As an Atlanta serious injury lawyer representing victims maimed and killed in tractor trailer accidents throughout north Georgia, I read with great interest an online article reporting that the cause of the deadly tractor trailer crash in Oklahoma last year killing 10 people was caused by driver fatigue. According to the article, an astonishing 31% of all heavy truck accidents are due to driver fatigue.

What is more surprising is that the National Transportation Safety Board (NTSB), first identified driver fatigue as a serious problem in heavy truck accidents over 20 years ago, and the Board's driver fatigue safety recommendations have gone unfulfilled for more than 10 years. One of the main recommendations made in 2001 was that heavy trucks be equipped with warning systems that provide visual and sound alerts to drivers when their trucks are with 350 feet of colliding with another vehicle. These systems cost between $1000 and $2000, but unfortunately, there is no requirement almost 10 years later that truck operators install the systems and few trucks have them today.

According to the article, this equipment could prevent 47,000 accidents and 96 deaths annually. Considering what it cost to legally defend, settle or try the number of personal injury and wrongful death claims and lawsuits caused by these numbers of accidents and deaths over 10 years, I believe it would have been considerably less expensive to equip every tractor trailer in America with these devices many years ago.

]]> According to the article, in the Oklahoma crash, the 76 year old driver most likely had only 5 hours sleep before starting his work day just after 3:00 a.m. the day of the accident. He had been driving more than 10 hours at the time of the collision. The accident was preceded by a minor accident that had traffic stopped on the highway. Even though drivers cresting a hill in the direction of the stopped traffic had an unimpeded view of the traffic jam ahead, the truck driver drove his 40,000 pound truck at 70 mph smashing into the stopped vehicles. There was no evidence that the driver braked or took any other evasive action to avoid the accident. It is most likely the driver fell asleep at the worst possible time.

It is likely had the driver had a warning system described above, this accident may very well had not happened. In addition to providing sight and sound warnings, some of the more recent systems contain automatic brake systems to brake in these circumstances without any action by the driver. No doubt that may also have helped avoid the catastrophe.

How long is it going to be until the government requires these types of warning systems on all over the road trucking companies and drivers? We are not waiting. At our firm we are doing everything we can to get the attention of the trucking companies and/or their insurance companies to voluntarily put these systems in place by vigorously pursuing claims on behalf of individuals and their families for serious injuries and deaths caused by driver fatigue. If you would like to discuss your situation with us at no cost to you, please contact the firm. I would welcome the opportunity to discuss your rights and what your case might mean to you.

Atlanta Car Accident Attorney has Always Believed that Insurance Companies Must Pay For Comparable Loss of Use Vehicles

2010-09-22T01:09:00Z

As an Atlanta car accident attorney, I have always believed that when an insured driver causes an accident that damages another vehicle, the insurance company for at fault driver is responsible to provide a comparable rental car while the non-at fault driver's vehicle is being repaired. This is exactly what a Dekalb County, Georgia, Magistrate Judge ruled last week according to a recent article in the AJC on line.

According to the AJC article, the owner of a luxury Audi wanted the insurance company for the driver who negligently caused the accident to pay for the rental of the same make and model vehicle while the vehicle was being repaired. The insurance company for the at fault driver declined and instead offered to pay the Audi owner $125.00 for 5 days, the time the adjuster calculated it would take to repair the vehicle. The Audi owner wanted $282.00 a day for the 41 days it actually took to repair the vehicle. The judge more or less sided with the Audi owner awarding him $200.00 a day for all 41 days.

]]> There is a specific statue that addresses how loss of use claims are handled in Georgia. The statute provides that the loss of use must be reasonable. The question is "what is reasonable?" I have always believed that that means the insurance company needs to provide benefits to allow the driver to rent a comparable vehicle. The Dekalb Magistrate Judge clearly interpreted that statue that way and according to the article, most Georgia courts do require enough benefits to put the driver in comparable rental vehicle.

With this latest ruling, if an insurance company does not agree to pay for a comparable vehicle, I believe a good argument can be made that the insurance company is acting in bad faith and may be subject to statutory penalties and to pay the other sides attorney fees.

Our office represents individuals all over Georgia who have been involved seriously injured in automobile and tractor trailer accidents. In doing so, we regularly help our clients with claims for property damage and loss of use. If you or a family member needs professional assistance with an injury or property damage or loss of use claim, please contact our office to speak to one of our attorneys to fully understand your rights. If you don't call us, please contact another competent lawyer.

Young Atlanta Drivers Pose Unique Hazards for Other Drivers (and for Inexperienced Lawyers!)

2010-09-16T15:01:21Z

As an Atlanta auto accident lawyer and the father of two young children, I was sad (though not surprised) to read in the AJC on line about a 17 year old girl who apparently lost her temper while driving and ran over a 15 year old boy, critically injuring him. According to the article, she did this because she had been told to slow down by a group of kids in that neighborhood. Her actions are an unfortunate reminder of the unique hazards posed by young drivers on our roadways.

Not only do young drivers lack the experience to recognize and avoid hazardous driving situations, they also often lack the emotional maturity to safely deal with other motorists (or angry pedestrians). When representing people injured by young drivers, it is crucial to look beyond the bare facts of the collision. Teen drivers in Georgia younger than 18 years old are subject to the following driving restrictions:

- They may only drive between the hours of 6:00 a.m. and 12:00 a.m.;

- During the first 6 moths they are licensed, they may only drive with passengers who are immediate family members;

- During the second 6 months they are licensed, they may only drive with one passenger other than an immediate family member;

- After the first 12 months they are licensed, they may not drive with more than 3 passengers other than immediate family members.

The violation of any of these restrictions may give rise to legal responsibility for an accident, even if the investigating officer does not find the young driver to have been at fault.

Additionally, the parents of young drivers may be held legally responsible for the auto accidents caused by their children. The Georgia "family purpose doctrine" generally provides that "when an automobile is maintained by the owner for the use and convenience of his family, such owner is liable for the negligence of a member of the family having authority to drive the car while it is being used for a family purpose." Phillips v. Dixon, 236 Ga. 271, 272, 223 S.E. 2d 678 (1976). In order for the family purpose doctrine to apply, four criteria must be established:

1. The family member 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 have been driven with the permission or acquiescence of the owner.

]]> These issues can be complex. It is crucial to have a thorough understanding of the law as it relates to young drivers when representing those who they injure. Without it, costly mistakes can easily be made. Our office represents people who have been seriously injured in auto accidents throughout Georgia. If you or a loved one is need of professional assistance with such a case, we would be pleased to schedule a meeting to discuss the matter.