Atlanta Injury Lawyers Blog

As a dog lover myself, I always love it when I see motorists driving around with their dog in the car. I don't like it as much when I see that some of these dogs are not restrained, are moving about the cabin, or trying to jump out the window. Not only are these dogs at a serious risk of injury when they are engaged in such behavior, but they are also creating a serious distraction for the driver. A new survey by the American Automobile Association finds that one in three drivers who drives with their pets in the car, is distracted by the animal.

Dogs can cause a number of distractions. It your dog is moving about the cabin, or is restless, or trying to jump out of a moving vehicle, you will find yourself with one hand on the steering wheel, and the other trying to restrain him. If your dog is barking nonstop, you will find it hard to concentrate on the road. Worse, I sometimes see motorists driving with little dogs on their laps. This is dangerously distracting behavior, and if you were a true dog lover, you wouldn't be putting your dog and yourself to such risk.

Here are just a few of the options that you have to restrain your dog and prevent him from becoming a distraction while you're driving.
• If you have a large car, use a crate to restrain your dog.
• Small dogs can be restrained in dog booster seats or dog carriers.
• There are a variety of seat belt models that can restrain your dog safely and comfortably.
• Physical barriers are designed for use in larger vehicles like SUVs. These can be made of metal or mesh, although the metal ones are sturdier.

There are many other devices out there, and a simple look around should make it easy for you to secure your dog while you're driving.

In fact, experts say that the kind of distractions caused by Buddy in the car, are almost the same as the distractions caused by texting while driving. However, while texting while driving has received nationwide attention, not too many people pay attention to the distraction caused by pets.

Continue reading " Safe Driving with Pets " »

In April 2009, the Georgia Legislature passed a new law that will allow courts to more easily enforce agreements between employers and employees such as non-competition agreements, non-disclosure agreements, and non-solicitation agreements.

It is currently very difficult to enforce these types of agreements in Georgia, but the proposed new law (which was signed by Governor Sonny Perdue but will not become law unless the voters ratify a constitutional amendment in November 2010 election) would change that drastically.

Continue reading " Georgia Restrictive Covenants to be Voted On in November 2010 " »

It is a common scenario in Atlanta. An Atlanta area resident is seriously injured in a car accident caused by and out-of-state driver, usually driving a rental car and in Atlanta for a convention or business function. After the accident, the out-of-state driver returns to his home state (many times thousands of miles from Atlanta.

Continue reading " Georgia Law Allows You To Sue Out-of -State Parties " »

Many insurance companies improperly seek reimbursement for medical payments they have made to the insured when the main case settles for the limits of the uninsured motorist coverage ("UM") portion of our client's policy. The Georgia Court of Appeals has held that a non-duplication of benefits clause is only enforceable when the insured's damages are equal to or below the UM coverage limits of the policy. Johnson v. State Farm Mut. Auto. Ins. Co., 216 Ga. App. 541, 544, 455 S.E.2d 91 (1995); Jenkins & Miller, Georgia Automobile Insurance Law (2008-09 ed. 2008) pp. 499-500.

Continue reading " Georgia Insurance Law Does Not Allow Setoff For Medical Payments " »

The family of a woman, who was killed during an auto accident on I-85, will receive $600,000 from the Georgia Department of Transportation for their losses. The DOT has also delivered an apology to the family of the victim, Patricia Heller.

In January 2003, healthcare consultant Heller was on her way to her employer's office when her taxi spun out of control on a rain slicked highway, and crashed into a tree. She died from injuries sustained in the accident. Her husband filed a wrongful death lawsuit that named the Georgia Department of Transportation, city inspectors and others.

The claim against city inspectors was based on the fact that the accident was traced to a bald tire on the taxi, which had cleared inspection just the previous day. The claim against the Georgia Department of Transportation was based on the premise that the highway design of the section where the accident occurred was defective, and that a tree should not have been allowed to grow so close to the road.

Continue reading " Georgia DOT Settles Wrongful Death Lawsuit for $600,000 " »

Considering how effective Electronic Stability Control systems have been in minimizing the numbers of rollover accidents occurring in the United States every year, it's not so surprising that these systems have been able to do the same for tractor-trailer rigs. A new study conducted by researchers at the National Highway Traffic Safety Administration estimates that if every commercial truck was equipped with an ESC system, we could prevent approximately 3,600 truck rollover accidents every year. We could save about 106 lives, and prevent more than 4,400 injuries every year.

However, the trucking industry has still not moved to make the systems mandatory on all 18 wheelers. This is in spite of the fact that these massive big rigs that can weigh up to 80,000 pounds, are at a major risk of flipping over. A truck rollover can occur when a tractor-trailer is traveling at high speeds, and the driver slams on the brakes suddenly. Rollovers can occur when a truck is traveling in slippery road conditions. Even what seems like a normal turn at an intersection can prove catastrophic if the weight of the cargo shifts, contributing to a rollover.

A truck rollover is not just a disaster for the truck driver, but can have catastrophic consequences for any other vehicles nearby. Besides, there is a risk to public health and safety from any hazardous materials that may be spilt during a rollover. This is a serious issue when there is a tanker truck involved in a rollover accident. Typically, tanker trucks are more likely to flip over, because of the weight of the liquid cargo which can cause a shift in balance. When gasoline or fuel are spilt on a Highway, the risks of an explosion or a massive fire, are immense.

In spite of these risks, the trucking industry has been reluctant to wholeheartedly adopt electronic stability control technology in their fleets. The National Highway Traffic Safety Administration has also chosen to drag its feet on the matter, saying that it will wait for the results of a full-fledged study into the benefits of ESC systems in trucks, before making a decision on the matter.

Continue reading " Stability Control Can Prevent Thousands of Truck Rollovers: Will the Trucking Industry Respond? " »