The deceased was a woman from Virginia traveling westbound on I-285 in her Sonata, when she was struck by the rear left tire of a Georgia State University passenger van. Another car was also struck by the runaway tire, but the occupants of that car, fortunately, did not suffer any injuries.

Runaway tires however, are not as rare as you might think. Serious injuries in the past have been linked with accidents involving commercial trucks in Atlanta, in which the massive tires came loose and flew into vehicles, motorcyclists or pedestrians nearby. A tractor-trailer tire can weigh dozens of pounds, and when it crashes through the windshield of a passenger vehicle, the potential for serious injuries and fatalities is extremely high.

Besides runaway tires, truck tire blowouts can also pose a serious risk of injury or death to motorists nearby. A tire blowout may cause large slabs of rubber to be sent shooting through windshields of cars, with enough force to cause instant death or serious injury.

Robert J. Fleming is an injury lawyer in Atlanta, whose practice is dedicated to the representation of victims of personal injury, in and around the metro Atlanta area.

As Atlanta Injury lawyers, we see many Atlanta pedestrian accidents happen as a direct result of unsafe road conditions that result from the City of Atlanta or the State of Georgia's lack of attention to noted road defects. All Atlanta residents should use extreme caution as these types of busy intersections.

According to weather experts, there will be some rain and light snow on Tuesday morning, which may turn to all-snow for a while. Meteorologists are predicting slowed down traffic during rush hour, which is likely to be even more congested than normal.

The metro Atlanta area has seen colder than usual conditions this year. Last month was marked by severe snowstorms and showers that were blamed for a series of accidents. Given the dry conditions of the past few days, roads are likely to be very slippery, as the fresh rains mix with accumulated grease residues on the asphalt to create a slick mix of oil and water.

However, bad weather can’t be an excuse for causing a crash. Driving safely in wet conditions isn’t really a science. It simply requires that you stay within speed limits, and drive extra cautiously. For those who will be out driving tomorrow in wet weather, Atlanta car accident attorneys will have the following advice.

• Always stay within speed limits.
• Check your local radio station for weather alerts and posted speed limits. Traffic police will post updates of the lowered speeds at which you must drive.
• If the weather out there gets dark, turn your headlights on even if it is daytime. Doing this helps you see the road ahead clearly, and also allows other drivers on the road to see you.
• Avoid turning suddenly, braking sharply and other driving maneuvers on wet roads.
• Be patient. There's nothing you can do to control the weather, and everyone around you will be as frustrated as you are. Honking madly only makes a bad situation worse.

As we noted in a previous article, when spring arrives in Atlanta, so does dog bite season. As an experienced Atlanta injury lawyer who has helped clients recover for injuries suffered in dog bite cases (and as a concerned parent), I hope and pray that Atlanta-area moms and dads are especially careful to keep their kids out of harm's way. Please do the following if you or your child is bitten by a dog or other animal:

1) Identify the animal without risking an additional attack;
(2) Seek immediate medical attention;
(3) Find out who the animal's owner is;
(4) If the injuries are severe, consult with an experienced Georgia injury lawyer who has handled dog bite cases successfully.

The owner of the pit bull was cited under the Cobb County Ordinances for maintaining a vicious animal and not properly controlling the animal. Under the current laws, the owner is legally responsible for all injuries caused by the attack if she is found guilty of the animal control charges. While many Georgia injury lawyers are still under the impression that this type of attack is subject to the "one bite" rule (i.e., the dog owner is not liable unless she knew based on a prior attack that the dog is vicious or had a propensity to attack), this is NOT the current state of the law.

Now, Gwinnet County officials are exploring further charges against an Atlanta-area resident, Lori Reineke, who was invloved in a car accident on Sugarloaf Parkway which killed pedestrian James Eaton III. After an exhaustive investigation, the woman has been charged with vehicular manslaughter.

All Georgia drivers are charged with driving safely. This is a basic Rule of the Road. If someone is distracted while they are driving their car, and this results in an accident, the at-fault driver is responsible for all of the harm they have caused because they were legally "negligent" and this negligence caused the accident. The fairly new legal theory that is creeping up now, is: if a dirver is on their cell phone (talking or texting) and causes an accident, can punitive damages be assessed against them.

While this question may be new to some, we have been dealing with it for years and the short answer is: Yes. A Georgia Driver who causes a wreck because they were on their cell phone is subject to a claim for punitive damages if the victim's attorney uses the facts and the law to show that the unlawful behavior showed a "conscious disregard" or a "conscious indifference" to the welfare of others. In today's society, this law Firm has little doubt that this can be effectively proven!

While the general rule is that the City is not responsible for simple negligence if someone gets hurt, there are many legal claims that allow those injured by these (and other similar dangerous conditions on City of Atlanta roads and property) to recover from the City for their injuries. Please be careful out there. Hopefully, you will not need the advise of an experienced Atlanta injury lawyer, but if you are injured, please take the time to hire the right lawyer.

The truth is: there are plenty of Georgia injury lawyers, but only a handful of top-notch lawyers who can effectively handle your case and get you the recovery that can positively change your life. Here are a few things that you may want to consider when you are seeking the lawyer that will help you and your family:

(1) Experience. How long has the lawyer been practicing law? How long has he or she practiced in Georgia injury law? How much "first chair" trial experience does this particular lawyer have? Don't be lulled into thinking that experience is not the most important criteria, because it certainly is. But, not just experience, but successful and meaningful experience is the key here. There are plenty of "experienced" lawyers who have practiced for over 20 years and have never tried a case to verdict. Plenty more who have simply watched other lawyers in their firm try the case (and then claim that they "tried" the case). As an informed potential client, ask specific questions and demand specific answers.
(2) Commitment to Clients. While the "heavy advertisers" have the glossy pictures and paid spokespersons, most of them never actually work on your case. They farm it out to other lawyers. Find out up front what type of dedication and commitment to each case your new lawyer will have. This is important and should not be overlooked.
(3) Past Results. I wise man once told me: "Past performance is the best indicator of future success." This rings especially true for Georgia trial lawyers. If you are the victim of someone else's negligence and you have been seriously injured, you deserve to be represented by a lawyer that can stand up in front of a jury and argue your case effectively. Ideally, that lawyer should have been there before--and won (ie., gotten a multi-million dollar verdict). If I was seriously injured in Georgia, I would make sure the lawyer I hired to represent me was smart, dedicated and succesful. And so should you! Good luck.

To date, this dangerous defect has been potentially linked to four serious car wreck by the National Highway Traffic Safety Administration (NHTSA). However, the jury is still out and all Prius owners should exercise extreme care until this issue is resolved. Toyota brass have apparently been slow to acknowledge and recall other cars for safety issues.

With that said, there are a number of factors that Georgia car accident lawyers look at in analyzing the merits and value of a potential car wreck case. They are:

1. How serious are your injuries? The case value increases if you have sustained objective and serious injuries such as broken bones, hernated back disks, a concussion, a closed head injury or severe lacerations. The general rule (which should not come as any surprise) is: the more serious (and objective) the injuries, the more valuable the case;
2. Were you taken from the scene of the accident to the hospital emergency room? The argument goes: seriously injured people are taken off in an ambulance, treat at the emergency room and then continue to treat with medical doctors and surgeons. While this may not always be true due to extenuating circumstances, this is the view that the insurance companies take.
3. In which county does the person who caused the accident live? This is important because jury pools and judges vary by county. The more liberal the judges and/or potential jurors are in a particular county, the more your case is worth. When I am filing a new car accident lawsuit, I prefer to file in (in order of preference) Dekalb County, Fulton County, Clayton County, Gwinnett County and Cobb County.
4. How much property damage is there to the cars invovled in the wreck? This is important, because it is harder to prove serious personal injuries were caused by a wreck that resulted in little property damage.
5. Was the other driver cited at the scene for causing the wreck? Clear liability cases are worth more than contested liability cases.

While this list is not exhaustive, it does include some of the factors that Georgia injury lawyers look at in evaluating a potential case. I hope this was helpful.

Starting July 1, 2009, insurance companies are subject to new reporting requirements which may hold up the settlement and payment to residents of Georgia who have been injured in car accidents and other types of personal injury claims.

Pursuant to the new laws, liability insurers (including workers' compensation insurers and group health plan plans) are required to determine whether any individual who files a claim against the insurer or any entity insured or covered by the insurer would be entitled to Medicare benefits. If so, the insurer must provide Medicare with that person's identity and any other information that may be required by the Secretary of Health and Human Services (Secretary). This information must be furnished to Medicare within the time specified by the Secretary after the claim is
resolved through settlement, judgment, award or other payment, regardless of whether there has been an admission of liability.

Failure of the insurance companies to comply with these new requirements could result in penalties.If an insurer or other Responsible Reporting Entity fails to notify Medicare in accordance with these guidelines, a civil penalty of $1,000 per day will be charged per claimant. In addition, Medicare now has the right to audit these entities who pay out to injured plaintiffs, and these entities must comply with the new registrations requirements.

Absent a written contract which requires certain payments upon termination, severance payments are not required in Georgia. However, many employers choose to provide severance packages to terminated employees for a number of reasons. Many employers provide severance pay to garner goodwill with their employees (this goodwill extends not only to the fired employee, but also to the current employees who see how well the terminated employee is treated and, hence, view the employer in a better light). However, some employers use severance payments as a shield against any future liability or waiver of all future claims and lawsuits by the terminated employee. This is where it gets complicated and when you should consult with an experience Georgia lawyer if you are put in this situation.

Many times the employer will offer a severance package and present it to the terminated employee with a "full release of liability." The offer of severance will be open for a short time and is expressly conditioned on the employee signing the release by the deadline imposed by the employer.

While this may be "good business" for the employer, it may not be in your best interest to sign the release and take the severance being offered. This is a difficult decision that should be discussed with a good attorney to make sure you do not leave any money on the table, or that you do not release valuable legal claims that you may have. Some fired employees may have potential lawsuits related to outstanding commissions that are being wrongfully withheld by the employer. final paychecks, unlawful discrimination, OSHA violations, Fair Labor Standards Act (FLSA) violation, or any number of other valuable claims. At a minimum, your potential claims should be discussed with an experienced Georgia business lawyer prior to signing anything given to you.

Generally, the local municipality charged with maintaining the roadway and sidewalk in good condition (i.e., safe and free from dangerous defects) is legally responsible to a pedestrian who suffers an injury if the municipality knew or should have known about the dangerous condition and failed to make adequate repairs. Depending on the circumstances, the liable municipality in the Atlanta area would be The City of Atlanta, Dekalb County, Fulton County, the City of Decatur, Cobb County, Clayton County, the City of Marietta, Gwinnett County, etc.

What is especially worrisome about dangerous intersections is that, not only does the injured pedestrian fall and suffer from any number of injuries related to the fall (e.g., broken ankle, broken arm, torn rotator cuff, head injuries), but once they fall, they risk being run over by passing cars on busy streets and intersections. This is why local city and county agencies must be vigilant about making these needed repairs.