Atlanta Injury Lawyers Blog

According to an article in today's New York Times, the risk of accident caused by drivers who text while operating vehicles sharply exceeds previous estimates.

The study placed cameras in the cabs of 18-wheeler trucks. It found that when the drivers texted, they were 23 times more likely to be involved in an accident. The researchers believe that these findings are generally applicable to car drivers as well.

The issue of texting causing accidents has recently been highlighted by several highly publicized crashes caused by texting drivers, including a trolley car accident in Boston and a recent incident in Atlanta, Georgia when a passenger photographed a MARTA train operator texting while operating the train.

It takes about 5 seconds for a driver to take their eyes off the road, text and return their attention back to the road. This is about the time it takes for a car or truck traveling at normal highway speeds to cover the length of a football field. Clearly too long for one's attention to be diverted while operating any vehicle.

Continue reading " Texting Causes Georgia Accidents " »

As an experienced Georgia Injury lawyer, clients frequently ask me whether they are entitled to recover attorneys' fees as part of their damages. In this context, "attorneys fees" are those fees awarded by the court (either by the judge or the jury) to be paid by the opposing party as part of the damages awarded. The short answer is: yes, attorneys' fees are available as an element of damages, but recovering them is never guaranteed.

Under OCGA Section 13-6-11, a plaintiff is entitled to attorneys' fees when: (1) the plaintiff has specially pleaded and has made a prayer to the court therefore; and the defendant has either (2) acted in bad faith; (3) has been stubbornly litigious; or (3) has caused the plaintiff unnecessary trouble or expense.

If the plaintiff in a legal action in Georgia can prove one of these elements, the plaintiff would be entitled to attorneys' fees and expenses of litigation, in addition to all of the damages he or she is entitled to under the law.

Continue reading " Attorneys' Fees Recoverable in Georgia " »

On our web site, you can find the Motorcycle Accidents page which explains the legal aspects of a motorcycle accident. However, I recently came across a report on motorcycle accidents that I would like to share. It is called the Hurt Report and a full copy is available for ordering. Since it is a 1981 report, many people would discount it as not being up-to-date or relevant. However, to me, it appears just as accurate and pertinent today as it was almost 30 years ago.

Since we cover the law on our web site, this is simply an instructional piece which illustrates HOW motorcycle accidents happen. Once we know HOW they happen, we can glean WHY they happen. Then, once we know HOW and WHY they happen, our readers can hopefully use this information to become safer bikers and drivers.

Some points of interest:

-About 1/4 of all motorcycle accidents are single vehicle accidents;
-1/3 of all single vehicle motorcycle accidents were due to something other than rider error such as roadway defects (i.e., potholes), vehicle failure, and animal involvement;
-When the motorcycle accident involved another vehicle, the driver of the other vehicle violated the motorcycle rider's right of way and was at fault 2/3 of the time;
-The number one cause of motorcycle accidents is the failure of other drivers to see the motorcycle on the road, with the most common infraction being a car making a left-hand turn and cutting off the motorcyclist who is traveling straight in the left-hand lane;
-Motorcycle riders between the ages of 16 and 24 are over-represented in accidents, while riders between the ages of 30 and 50 are under-represented;
-Almost half of fatal motorcycle accidents involve alcohol consumption;
-The likelihood of injury from a motorcycle accident is very high--over 96%;
-Groin injuries were very common;
-The use of a helmet is the single most critical factor in reducing serious head injuries to motorcycle riders.

Considering that there were over 1,500 motorcycle riders killed in Georgia accidents last year, the above information should prove informative and helpful. It is our sincere hope that all Georgia motorcycle riders can ride safely.

Continue reading " Georgia Motorcycle Accident Findings " »

Three 15-year-old girls were injured when they were ejected from the ATV they were operating. According to a recent article in the Atlanta Journal Constitution, the girls lost control of the four-wheeler ATV as they rounded a curve on the roadway and overturned. While the girls were rushed to Atlanta-area hospitals, police charges are pending, as none of the girls were licensed, they were not supposed to be on the roadway and no one was wearing a helmet.

While the girl's injuries do not appear to be life-threatening, this serves as yet another reminder of the need for extreme caution when operating ATV's and the need to wear helmets to avoid serious injury.

Continue reading " Atlanta Teens Injured in ATV Crash " »

Reglan Side Effects

On January 26, 2009 the FDA issued an alert warning against chronic use of any medication containing metoclopramide, the most widely know being Reglan. Reglan can cause a serious and potentially life-threatening neurological disease known as tardive dyskinesia.

Tardive dyskinesia is more likely to occur if Reglan is used for longer than 3 months or when used in the elderly (especially elderly women). Tardive dyskinesia causes uncontrolled bodily movements of the face, mouth, tongue arms or legs. These uncontrolled movements can be permanent. You should seek medical attention immediatetly if you have been taking Reglan and are experiencing any uncontrolled bodily movements. There is no treatment for tardive dyskinesia, but in some cases symptoms may lessen or stop once use of the drug is stopped.

Especially at risk are patients who have been prescribed Reglan for acid reflux, pregnant woman who were prescibed Regland for morning sickness, breastfeeding mothers, elderly woman, and children who were prescribed Reglan for nausea caused by migraine headaches.

Metoclopramide is available in several forms including:

• Reglan Tablets
• Reglan Oral Disintegrating Tablets
• Metoclopramide Oral Solution
• Reglan Injections

Continue reading " FDA Warnings Regarding Reglan " »

This article is addressed to those who have been seriously injured in a Georgia automobile accident and have not yet retained an experienced injury lawyer. The single most important action you can take to protect your legal rights and to make sure you recover all that you are entitled to is: consult with an experienced Georgia accident lawyer as soon as possible. A good quality injury lawyer always earns his or her fee by strengthening your case and maximizing your recovery. In addition, the following may be helpful:

1. BE VERY CAREFUL ABOUT WHO YOU TALK TO
DON'T talk about your injuries or the accident with the other party's insurance adjusters or lawyers, even if they tell you they are appraising the damage to your automobile. I urge you to not talk to anyone about the accident, until after you have consulted with a qualified Georgia injury lawyer. You are required to talk to your own insurance company, but your lawyer is entitled to be present. Many times, insurance companies try to twist statements you make into admissions against your interest. These admissions hurt your case because they are taken out of context or because the statement is blown out of proportion. As a general rule, the less communications you have with the other party's insurance company until you have obtained quality legal counsel, the better.

2. POLICE REPORT / WITNESSES
DO obtain a copy of the police report as quickly as possible and provide it to your lawyer. If you know of any witnesses to the accident, write their name, address and telephone numbers down and provide your lawyer with a copy as soon as possible. Many times, the facts of the accident (i.e., who caused the wreck) are disputed by the drivers involved. I cannot tell you how many times our case was proven by the testimony of an independent witness who testified that the other party caused the wreck. Not only does this prove your case, it also tends to show the jury who the honest and deserving party is (you!). There is a certain sense of urgency to this because, as time goes by, memories fade, witnesses move and cannot be easily located, and people become less inclined to help. It is important to conduct a thorough investigation and to get sworn statements from all important witnesses.

3. DIARY OF PROBLEMS
DO keep a diary of problems that you confront because of the injuries you suffered in the car wreck. Write down when you are experiencing pain and suffering, activities that you are not able to perform or are able to perform, but must do so with pain and other problems. Serious injuries usually result in large amounts of damages in the form of medical bills, pain and suffering, lost wages, disfigurement, future medical bills, and a diminished quality of life. In addition, the spouse of an injured person is entitled to be fully compensated for their “loss of consortium” which is the loss that occurs when a spouse is injured and the other spouse loses their companionship, services, and marital relations. So, it is important to document what you are suffering from and how it is affecting your life.

4. LOST WAGES
DO document your lost wages. In Georgia, you are entitled to be fully compensated for you injuries. This includes compensation for lost wages (both past and future), Be certain that you have the name and addresses of all employers from which you lost wages due to the accident. If you are self-employed, obtain records that will show your wage loss. Keep an accurate record of all days lost from work due to the accident and/or your injuries.

5. DAMAGE TO YOUR AUTO AND PERSONAL PROPERTY
DO take pictures of all damages to your car, and to the other car(s) involved in the wreck. This is very important! Err on the side of caution and take a lot of pictures to ensure that you capture the full visual impact of the damage to the vehicles.

6. DOCTOR VISITS
DO follow your doctor's advice and undergo the recommended treatments. The most important thing is for you to get well and to hopefully fully recover from your injuries. Therefore, continue being treated by your doctor and subsequent doctors that you are referred to until you are well. This is equally applicable to any physical therapy to which you have been referred. Many times, physical therapy is a long and tedious process. However, you must complete the program to reap the benefits. If you are patient and follow the program, most times your condition improves. Remember, the most important concern is your health and recovery.

7. HOSPITAL, MEDICAL AND DRUG BILLS
DO obtain and keep receipts and records of all these expenses.

8. PHYSICAL EVIDENCE
DO keep all physical evidence until your case is finalized. If your injury requires a cast, brace, traction, or other apparatus, save it and bring it and give it to your lawyer when you no longer need it.

9. TRAFFIC COURT
DO show up and testify at traffic court. If you receive notice of a traffic court date for the other driver(s), attend and testify regarding who was at fault. If you receive a subpoena, you must attend. Many times a guilty conviction can be used against the other party at the trial of your case.

10. PHOTOGRAPHS
DO take photographs of your injuries. Please take photos of any physical injuries you have and of all property damage. Err on the side of caution and take more pictures than you think is necessary to allow the pictures to show the damage.

11. CONSULT AN EPXPERIENCED GEORGIA INJURY LAWYER WITH QUESTIONS
DO consult with an experienced and successful Georgia injury lawyer about your case. Personal injury litigation often involves high stakes. DO NOT take anything for granted. Know your rights and know what you are entitled to under Georgia law. If you have hired an experienced and successful Georgia injury lawyer, he or she is there for you. I do not know of any good quality Georgia injury lawyer who is not there for their client as often as is needed. You and your lawyer are in this together. Lean on your lawyer for advice and guidance. That is what your lawyer is there for. If you are not sure of something, call.

Continue reading " "Dos and Don'ts" For Georgia Auto Accident Victims " »

I would like to start off by wishing all of our proud and deserving Georgia veterans a happy and healthy 4th of July, or more appropriately, Happy Independence Day. Without these brave veterans, we could not celebrate this day. Any celebration would not be complete without acknowledging their heroic efforts and monumental sacrifices in all of our wars and "police actions."

I am a proud Army veteran. I joined the army at the age of 17. I signed up for a two year enlistment. I proudly served my Country as a Military Policeman. But, fortunately for me, the Army gave me so much; much, much more than I gave back. In exchange for two short years of service, I received the opportunity to go to college and to make something of myself. After all, I was able to complete my Army tour and finish college in about the same time it took to simply go to college. However, not all of our veterans are as fortunate. Of course, too many have given the ultimate sacrifice while defending our Country, their lives. Many have suffered crippling physical injuries while defending our Country. Many more have suffered horrific emotional injuries from the ravages of war. Clearly, these worthy veterans gave much more to our Country than they received. We owe them our deepest gratitude. What made me think of this was a recent visit I had with a great American and staunch Veteran Advocate, Marshall Berman.

A few weeks ago, we had the pleasure of hosting a small brunch for Marshall and his family. Marshall is a special person. You see, he cares a lot about other people, and one of his life-long goals is to help our military veterans. He has done great things for our veterans in the past. For instance, while he worked at the Georgia Department of Labor, Marshall was instrumental in improving the lives of our south Georgia military veterans by making it more convenient for them to receive the medical and employment-related services many of them so dearly needed.

What is especially fascinating about Marshall is that, at 70 years old, he has more energy and drive than anyone I know. He is always thinking; always trying to improve; always trying to help; always trying to "make a difference." And most often, his efforts are directed at helping our deserving veterans. When we last visited, Marshall was concerned. He deals with needy veterans on a daily basis. He knows that many Georgia veterans need legal help. Yet, he also knows that many of our Georgia military veterans don't have the resources to hire quality lawyers to assist them. The end result, is that many Georgia veterans "go without." They go without the assistance of quality lawyers to advise and counsel them. They go without simple things like wills. They go without knowing their legal rights when they are involved in car accidents, harassed by debt collectors, taken advantage of in the business world, injured on the job, wrongfully accused of crimes, and in many other instances.

I share Marshall's concern about this situation and I am committed to coming up with a solution that will enable our deserving Georgia military veterans to have access to quality legal help when they need it. But until then, please join me in wishing them a Happy Independence Day. They deserve it!