Atlanta Injury Lawyers Blog

In Georgia, ignition interlock devices are used to keep repeat drunk driving offenders off the streets and prevent accidents involving these motorists. A new study shows that increased use of such systems can actually help reduce the numbers of repeat drunk driving offenders.

Researchers at the Centers for Disease Control and Prevention found that the arrest rates for drunk driving dropped by as much as 67% after ignition interlock devices were installed in offenders’ cars. The researchers point to this as ample proof that enhanced use of ignition interlock devices could help keep more numbers of DUI offenders off the streets, and prevent alcohol-related car crashes.

Atlanta car accident lawyers would agree. In Georgia, the Metro Atlanta area and rural communities struggle with large number of drunk driving offenders. While a typical offender may be punished with license suspensions and fines, very often, these penalties constitute a slap on the wrist, and may not be sufficient to prevent motorists from driving intoxicated again.

Continue reading " Greater Use of Ignition Interlock Systems Could Prevent Accidents in Atlanta " »

Five people were reported injured in a multivehicle accident in Atlanta that involved at least one tractor trailer and several other vehicles. According to news reports, the accident occurred on Interstate 20 near Six Flags.

Several cars traveling on the highway had slowed down due to the sun. However a tractor-trailer that was following failed to slow down in time and swerved to avoid a collision. In doing so, the tractor-trailer went off the embankment, and struck a parked car, triggering a chain reaction crash. At least seven other vehicles besides the truck were involved in the accident. At the end of the carnage, five people were injured, but all are expected to survive.

Anytime a tractor-trailer is involved in a rear-ending accident, an Atlanta truck accident lawyer’s first thoughts go to the speed of the truck at the time of the accident. The term “speed” here refers not just to the speed limits posted on the highway at the time of the accident, but also appropriate speeds for existing conditions. For instance, a truck driver may be said to be speeding not just if he drives above the posted highway limits, but also at higher speeds than are appropriate for the road, traffic and weather conditions.

Continue reading " Several People Injured in Atlanta Motor Vehicle Accident " »

Several adults, and at least one teenager face charges arising out of a fatal drunk driving accident that killed a 16-year-old Villa Rica boy. The adults include fathers of some of the teenagers involved, as well as a liquor store owner.

The accident occurred over the weekend when a car full of teenagers crashed in Douglas County. According to Georgia State Patrol, driver Jason Lark lost control of his SUV, and the resulting accident killed 16-year-old passenger Cheyenne Sauls. Lark was on bond for drug and alcohol charges at the time of the accident. Not surprisingly, the judge has denied his bond application this time around.

Investigations have been tracing Lark’s actions just before the accident. According to them, he first made a stop at a party being hosted by the teenage grandson of a man called Sherman Bennett, who has now been charged in the accident for allowing underage drinking in his house. There, Lark consumed an undetermined amount of alcohol, and then went on to his next stop, another party that was being hosted by another teenager. In that case too, the teenager had been allowed by his father to drink with his minor friends. This teenager purchased alcohol at a Douglasville liquor store, and the liquor store owner now faces charges. Lark consumed more alcohol at the second party, and then drove on, resulting in the accident.

Continue reading " Adults Charged in Villa Rica Teen Drunk Driving Accident " »

Despite years of legal jockeying, the U.S. Supreme Court has ruled that the carmaker, Mazda Motor of America, Inc. ("Mazda") may be sued under Products Liability laws for the death of a woman who suffered fatal injuries in a Mazda Minivan that was sold only with a lap belt for the middle portion of the rear seat.

Mazda had repeatedly argred that it should be insulated from liability in the deadly accident because federal regulations did not require a lap and shoulder belt for the middle seat (in which the woman was sitting when killed).

This is an important victory, not only for the dead woman's family who is seeking to recover for her death, but also for all victims of product defects. With offices in Georgia, Mississippi, and North Caroline, our firm handles many serious accidents in the Atlanta area and throughout the Southeast. Robert J. Fleming is an experienced trial lawyer who specializes in personal injury litigation. According to Mr. Fleming, "many single-car accidents are immediately dismissed by inexperienced lawyers. However, a small portion of these may be caused by, at least in part, unsafe product defects such as faulty door latches, unsafe seat belts such as in the recent Mazda case, unsafe road defects and other product defects. That is why we take great care in fully investigating any potential car accident case that involves serious personal injury or death."

Continue reading " Products Liability Lawsuit May Proceed Against Mazda " »

Patients in Atlanta hospitals can be given any number of drug combinations to deal with multiple issues. Some medications, safe and effective alone, can have dangerous consequences as drug combinations. Also, an important area of Medical Malpractice is plain pharmacy error. Sometimes pharmacists put the wrong pills in the bottle. This can also have disastrous consequences.

News RX reports that a study released in the Critical Care Medicine Journal has found including an on-ward pharmacist on the Intensive Care Unit (ICU) team significantly reduced prescription error and related patient harms. The study was instituted by J.E. Klopotowska of the University of New Amsterdam.

Continue reading " New Study Offers Hope for Prescription Errors " »

Any Atlanta car accident lawyer would confirm - seat belts help save lives and prevent serious injuries. A senior citizen, who was injured in an accident involving a state van in Villa Rica last week, has said that the seatbelts in the vehicle were not working properly at the time, and that this contributed to his injuries.

The state van was taking a group of elderly persons to a Valentine's dance in Carrollton, when the van slid on a patch of ice, and flipped over. There were six senior citizens in the van, and all six persons were injured in the accident. One of the passengers, a 72-year-old man was seriously injured in the accident. He had not been wearing a seat belt at the time.

The man has told CBS Atlanta that his injuries were a direct result of a malfunctioning seatbelt. According to William Haynes, he would not have been injured if the seatbelt in the van had been functioning properly. Just before the accident, Haynes told the driver that his seatbelt was not working properly, but received little response. CBS Atlanta then asked the other passengers in the van, and at least one of them confirmed that Haynes’ seatbelt was not working at the time. All of the other passengers had been wearing lap belts at the time of the accident.

Officials from the Georgia Department of Human Services reported back to CBS Atlanta that they had inspected the van, and found the seatbelts had been functioning properly. According to the Georgia Department of Human Services, they had inspected the van at least two weeks before the accident, and found nothing wrong then. Now the spotlight is on the driver of the van, to see whether she fastened in all drivers safely before driving.

Continue reading " Senior Citizen Blames Atlanta Accident Injuries on Defective Seat Belts " »

As an Atlanta personal injury attorney, Robert J. Fleming sees victims of Atlanta traffic all the time. The overloaded transportation infrastructure results in long commutes, road rage, exhaustion, and dangerous conditions that result in car accidents, injuries, and wrongful death.

Last year, the Georgia state legislature passed the Transportation Investment Act of 2010, in an effort to get past three years of deadlocked wrangling over Atlanta's traffic problems. Recently, a panel created under the Act added Mayor Reed to its membership.

Continue reading " Atlanta Lawmakers Seek to Improve Traffic " »

Businesses and designers across the country are becoming conscious that we have an elder population. People are living longer, and living with the handicaps of age longer, creating a need for products that accommodate those handicaps. An article in the New York times reports that some companies are finally designing products to meet that need, and in the process, creating better products for any age.

An exciting aspect of the development of better products for the elderly is the design of products that will allow people to live at home longer, rather than be moved to a nursing home. The relocation of an aging parent or relative can be extremely painful for many reasons; leaving a cherished home, loss of independence, fear of a new place, and the possibility of negligence or abuse at the hands of the new caretakers.

Continue reading " New Designs Could Help Atlanta Elderly Maintain Independence " »

A wreck on I-285 closed down the freeway near the Ashford Dunwoody exit for ten hours last night. According to the AJC, a young man driving the wrong way in the eastbound lanes slammed into a truck carrying margarine. Margarine is essentially oil. Consequently, it's highly flammable and slippery. The crash resulted in a fire that took hours to douse. Extra Hazmat crews were on scene to clean the slick mess of the road and keep it from getting into the drains.

The young man did not survive. The driver of the truck - amazingly - was not seriously injured.

Continue reading " Atlanta Truck Driver Survives Fiery Crash " »

An article in today's Atlanta Journal Constitution never mentions legal liability and dog bites, but it highlights owner responsibility none the less. According to Manning, most people believe the danger a dog poses is based on the dog owner's training and treatment of the animal. Many people still feel that some breeds, like pit-bulls, are more dangerous, but opinions differ as to whether the danger is in the breed or the attitude of the people who raise them.

Dog attacks can be terrifying and result in severe injuries, not only from the bite itself, but through defensive or evasive actions by the victim.

Continue reading " Georgia Dog Owners Need to Take Responsibility " »

The Atlanta Bicycle Coalition is joining Georgia Rides to the Capitol in March. On March 22nd, hundreds of cyclists will ride into town to promote cycling awareness and encourage legislators to support measures that enhance bicycling safety in Atlanta.

Currently, Atlanta is not among the most bicycle friendly cities in the U.S. and we have high accident rates. Drivers can be aggressive and resentful of sharing the road with the slower bicycles. Frequently, even the most well-intentioned drivers do not look for the smaller, less obtrusive modes of transport. Consequently cyclists are hit and seriously injured in intersections or run off the road.

Because riders are largely unprotected, these bicycle collisions often leave cyclists with destroyed equipment and nasty injuries, including brain injuries, broken bones and worse. In 2008, bicycle deaths accounted for 2% of all traffic fatalities in the United States. Injured cyclists can require short and long-term medical care, reconstructive surgery and help managing trauma.

Continue reading " Atlanta Bike to the Capitol Day Announced " »

The Occupational Health and Safety Administration (OSHA) is looking for a way to minimize a common workplace injury. Musculoskeletal Disorders, or MSDs, have been under OSHA scrutiny since 1979, but because they are cumulative injuries, it is difficult for regulators or attorneys to pinpoint their exact cause. Consequently, it has historically been difficult for the administration to put the onus on the workplace.

Continue reading " Repetitive Motion Injury Regulation Nixed by Industry " »

The City of Atlanta has an entire section in it's municipal code relating to tree protection. Thomas Coffin used to be the Senior Arborist for the city. Then he reported that some of the arborists were not adhering to the ordinance, and found himself without a job

Mr. Coffin settled with the City of Atlanta today for $165,000 in damages, as well as attorneys fees and a consent order allowing the city to vest his pension rights. Coffin's case is an example of whistleblowing. All too frequently, employees witness co-workers or supervisors engaged in activities that are harmful or unlawful. Reporting that activity is commonly known as whistle blowing. Frequently, those employees fear retaliation if they report what they've seen.

Continue reading " Atlanta Employee Settles Whistleblower Case " »

We recently posted a blog about premises liability and Patricia Weeks' suit against MARTA. That case ended on Friday with a jury award of 1.4 million to the plaintiff.

This verdict re-affirms the importance of property owners' responsibility to maintain a safe environment for guests an invitees on that property. The jury did not find Elevator Specialists, Inc., the company MARTA fired in 2007, to be liable. MARTA and the remaining firm contracted to maintain station escalators, Schindler Corp., had a responsibility to anyone riding their escalators to keep them in safe working condition.

Continue reading " Follow Up on the MARTA Lawsuit " »

Regardless of which company you have your auto insurance with, whether you can be reimbursed for damages depends on the language of the policy. The policy is nothing more than a contract between your insurance company and you: In exchange for you paying premiums, the insurance company will pay you for covered losses if you make a proper demand on them to do so. Simple in theory. Yet, the courts are clogged with insurance disputes because the insurance companies do not always pay when proper demand is made upon them. The typical policy provides coverage for: (1) Bodily Injury Liability--This covers damages when another driver makes a claim for personal injuries caused by the negligence of the at-fault driver; (2) Med Pay--this policy section pays for medical treatments sought by you and any passengers injured in your car, regardless of fault. Many times the med pay benefits "stack" (are added onto) the other damages coverages; (3) Property Damage Liability--pays for damages that you or someone driving your insured car causes to another's property; and (4)Uninsured Motorist/Underinsured Motorists Coverage (commonly referred to as U.M. Coverage). This coverage pays for damages you sustain in an accident that was not your fault if you damages exceed the amount of insurance covering the at-fault driver.

Continue reading " Georgia Automobile Insurance Policies Provide For Different Types of Damages " »

When you are hurt on the job in Atlanta, your case falls under a very specific set of rules. The state of Georgia provides for remedies for most workplace injuries through the Worker's Compensation laws, which are all contained in Title 34, Chapter 9 of the Georgia Code.

Sometimes parties other than the employer could be liable for work place injuries; for instance, when the injury is caused by a defective product or by a negligent company, other than the employer.

Continue reading " Atlanta Workplace Injuries " »

The latest news on the Healthcare Bill is that a federal judge recently struck the whole thing down as unconstitutional on Monday. The judge did not, however, enjoin the federal government from continuing to enact the law. The Justice Department is going to appeal, and the case will likely be heard right here in Atlanta before the 11th Circuit. In the meantime, people continue to wrestle daily with the complexities of insurance and hospital bills.

Continue reading " Healthcare Overhaul Case May be Heard in Atlanta " »

On Monday morning, a driver on I-85 South of Atlanta struck and killed HERO operator Spencer Pass. H.E.R.O stands for Highway Emergency Response Operator. Pass was parked behind a disabled vehicle in the emergency lane when a truck pulling a trailer sideswiped them.
The tragedy brings to mind an important Georgia traffic law that we see violated on a daily basis. Georgia has a “Move Over Law”. Under OCGA 40-6-16, a driver approaching an emergency vehicle should move over into a lane not adjacent to the emergency vehicle. If it isn’t possible to move over safely, the driver should slow down or stop. Violation of this law is punishable by a fine up to $500.00.

A wrongful death action is an action brought when the death is caused by the willful or negligent act of another. The driver of the truck that killed Spencer Pass is now potentially liable for more than the fine. Mr. Pass’s family has lost a father and a husband. Not only did they lose a loved one, they lost his help and financial support. While no amount of money or damages can bring him back, the law does entitle the family to the “full value of the life” of the deceased.

Continue reading " Atlanta Driver Liable Under More than the Move Over Law " »

A lawsuit against MARTA concluded last week with a $1.4 million verdict in Fulton Superior Court. Two years ago, Patricia Weeks missed a football game because a MARTA escalator abruptly switched directions, causing most of its riders to fall. Now Weeks, after suing MARTA, has been compensated for her injuries.

Continue reading " Fulton County Assesses MARTA Liability in Escalator Case " »