Atlanta Injury Lawyers Blog

Safe Driving with Pets

2010-08-21T18:55:14Z

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.

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.

]]> 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.

Robert Fleming is an Atlanta car accident lawyer, helping victims of auto accidents in Atlanta recover compensation for their losses.

Georgia Restrictive Covenants to be Voted On in November 2010

2010-08-21T17:09:13Z

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.

]]> The new statute would list guidelines to be used for enforcement of restrictive covenant, define common terms used in these employment contracts, contain specific language which will be held enforceable, and specify the types of employees that the restrictive covenant can be enforced against.

However, the most important change that the new law may bring is the ability for Georgia courts to "blue pencil" overly broad restrictive covenants so that they can enforce the parts of the restrictive covenant that are not overly broad vs. the current body of law which Georgia courts follow which forbids "blue penciling" and mandates that if a restrictive covenant is overly broad, it must be held to be un-enforceable en toto.

Georgia Law Allows You To Sue Out-of -State Parties

2010-08-16T15:31:29Z

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.

]]> Fortunately, Georgia's "Long Arm" statute allows for Atlanta residents to sue the out-of-state driver her in Atlanta (most often in Fulton or Dekalb County State Court).

The official code of Georgia, § 9-10-91, provides: A court of this state may exercise personal jurisdiction over any nonresident . . . as to a cause of action arising from any of the acts, omissions, ownership, use, or possession enumerated in this Code section, in the same manner as if he were a resident of the state, if in person or through an agent, he

(1) Transacts any business within this state;

(2) Commits a tortious act or omission within this state, except as to a cause of action for defamation of character arising from the act;

(3) Commits a tortious injury in this state caused by an act or omission outside this state if the tort-feasor regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this state;

This gives us the legal basis to sue the out-of-state defendant in Georgia and lawfully enforce any judgment obtained.

Georgia Insurance Law Does Not Allow Setoff For Medical Payments

2010-08-16T15:13:20Z

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.

]]> To quote Jenkins & Miller, "This is because, in such circumstances, the clause only reduces the UM coverage by the amount of the prior payment under the med pay coverage of the policy, without reducing the insured's recovery of all his actual damages. citing Johnson, 216 Ga. App. at 544; see Yates v. Dean, 244 Ga. App. 333, 334(1), 535 S.E.2d 335 (2000).

A non-duplication of benefits provision is not enforceable when the insured's actual damages are greater than the policy limits. Johnson at 544; Hudson v. Whited, 250 Ga. App. 451, 453-54, 552 S.E.2d 447 (2001). To do otherwise would operate to reduce the insured's recovery to an amount below the actual damages and that would violate the statutory requirement that the automobile liability policy must contain an endorsement undertaking to pay the insured all sums which he shall be legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, within the limits [of the policy]. Jenkins & Miller (2008-09 ed. 2008), p. 500.

As an Atlanta car accident lawyer, my advice to you is to not agree to any offsets of payments until the appropriateness of such proposed offset is confirmed by an experienced auto accident attorney, who should be well-versed in these types of insurance coverage issues.

Georgia DOT Settles Wrongful Death Lawsuit for $600,000

2010-08-15T23:01:29Z

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.

]]> A judge in Fulton County ruled that tree clearance was an issue for the city of Hapeville, and not the DOT. However, the judge allowed the defective highway design claim to go forward. Claims against the estate of the taxi driver who has since died, and a former city inspector responsible for inspecting the taxi, will now proceed.

The Georgia DOT not only awarded the family damages, but also apologized for their pain and suffering. It's not frequent that state transportation agencies apologize for an accident, or even settle. Indeed, the Georgia DOT had delayed a settlement for years, insisting that it had immunity in this accident.

Robert Fleming is an Atlanta car accident lawyer, helping victims of auto accidents in Atlanta recover compensation for their losses.

Stability Control Can Prevent Thousands of Truck Rollovers: Will the Trucking Industry Respond?

2010-08-09T08:09:44Z

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.

As an Atlanta truck accident lawyer, I am a firm believer in using technology to enhance trucking and auto safety. I don't understand why it should take so long to use proven technology that we already have available, in order to keep thousands of truckers and motorists safe every year.

Dog Bite Prevention Major Focus at Georgia Veterinarian Meet

2010-07-31T19:04:51Z

Over the weekend, about 9,000 veterinarians from the country will assemble at the Georgia World Congress Center for the annual convention of the American Veterinarian Medical Association. The event kicked off on July 31st, and is expected to run through August 3rd. Atlanta will play host to thousands of animal experts from around the world, who will discuss animal welfare issues, including food safety, behavior modification, and advances in veterinary medicine. They're also expected to focus on dog bite prevention.

Earlier this month, an Atlanta woman suffered serious injuries in a dog bite attack involving pit bulls. She was merely walking down the street when the dogs jumped at her. The owner of the dogs has been cited for about 20 violations, including improper restraint, canine on public property, canine on private property, failure to display rabies and vaccination tags, and failure to provide adequate water and shelter. The owner of the dog had been out of town, and a friend had been caring for the animals.

]]> With some of the best animal and dog experts around the country gathering in Atlanta over the next couple of days, I would seriously like these vets to bring more attention to the problem of dog bites in Georgia. There's definitely a need for greater awareness, especially when it comes to the care of certain breeds, like pit bulls. I notice that too many people jump at the chance to rear these animals. However, very few possess the resources and the skills necessary to train these dogs.

Any pit bull owner or Atlanta dog bite lawyer will tell you that these animals require a lot of place to run about in, plenty of exercise and the right training. If you're not willing to invest the resources necessary for all this, avoid buying these breeds. America's vets must play a bigger part in the ongoing discussion about dog safety.

New Test for Easier Diagnosis of Brain Injury

2010-07-29T17:04:54Z

Brain injuries are some of the most catastrophic injuries, and usually occur in traffic accidents, or as a result of falls. There may be other causes like violence and workplace accidents. These injuries are, unfortunately, also some of the most difficult to diagnose.

Typically, a brain injury is diagnosed by checking the patient's vitals, and testing his thinking and memory. With such symptomatic testing, doctors often tend to misdiagnose a brain injury, or don't diagnose one at all. This can have serious consequences for patients, because late treatment can have a severe impact on a patient's chances of recovery.

]]> However, there has been some progress in developing a blood test to determine the presence of biomarkers that can confirm brain injury. A Florida-based company called Banyan Biomarkers Inc., is conducting a series of studies into brain injury biomarkers. When a person is injured, the process of damage to the brain can be spread out over a few days, and over a period of time, there may be a number of proteins produced in the blood. The presence of these proteins, or biomarkers, can indicate that there has been a brain injury. Blood tests will focus on detecting these proteins, thereby making it much simpler, quicker and easier to diagnose and injury.

This concept is not exactly new. In fact, doctors have always known that severe brain injuries result in the presence of certain levels of biomarkers in the blood. However, the challenge has been in determining the level of biomarkers when there is a mild brain injury. According to Banyan, early intervention can minimize damage, and this is where a biomarker test will be useful. As an Atlanta car accident lawyer, I am encouraged to see that there is a lot of ongoing progress in this field. Banyan is currently engaged in efforts to develop such a device. The US military has also jumped in, investing more than $17 million in a brain injury biomarker study that includes more than 1,000 patients.

$1M Settlement in Drunk Driver Wreck Which Resulted in Death

2010-07-28T18:04:38Z

An Atlanta area bar has agreed to pay the surviving widow of a man killed by a drunken driver $1M to settle her claims. The bar's liability stems from the bar's staff over-serving the drunken patron, when they should have known that he was highly intoxicated and likely to drive home from the bar.

What Causes Dental Nerve Damage?

2010-07-27T18:15:22Z

The vast majority of the Georgia Dental Malpractice cases that we litigate involve damage to the Lingual Nerve or the Inferior Alveolar Nerve (or both). Recent studies have identified factors that contribute to the incident of nerve damage. Most are secondary to a dental procedure such as installing dental implants (when the nerve is crushed due to the implant being installed too deep) or oral surgery (when the nerve is ripped or severed during wisdom tooth extraction).

]]> The factors identified as substantially increasing the risk of lingual nerve damage are: increased age of the patient undergoing the dental procedure; un-erupted wisdom tooth extraction; raising the lingual flap; and lingual split technique (splitting the bone to remove the tooth).

The factors identified as substantially increasing the risk of Inferior Alveolar Nerve damage are: the depth of impact; the difficulty of the surgery; and radiographic signs that the wisdom tooth root is lying in close proximity to the Inferior Alveolar Nerve or, similarly, that the nerve has grown into and created a groove into the wisdom tooth root.

When any of the above factors are present, there is much greater risk of injury and permanent dental nerve damage.

As an Atlanta dental malpractice lawyer who frequently meets with patients suffering from these injuries, I know how important it is to properly evaluate patients before oral surgeons extract teeth or install dental implants.

If you are a family members have suffered permanent dental nerve damage due to suspected dental malpractice, please call us today. We are experienced Georgia dental malpractice lawyers. We are here to help.

Understand the Symptoms of Traumatic Brain Injury ("TBI")

2010-07-19T10:11:23Z

As an Atlanta car accident lawyer, I find it surprising that so many people are unaware of the symptoms of brain injuries, considering the seriousness of these. A brain injury does not have to involve a person blacked out for hours, or bleeding from the head and nose. In fact, symptoms of brain injury can vary, depending on whether it's a mild, moderate or severe TBI.

]]> A mild TBI, like one that results from a simple slip and fall accident, can leave a person with a momentary loss of consciousness, which lasts for just a few minutes. The person will experience headaches, dizziness, blurred vision, and other not-so-visible signs like difficulty sleeping, difficulty in concentrating or paying attention, and an unexplainable sense of fatigue. A mild brain injury, like a concussion, may disappear on its own in a few weeks.

However, just because this is a mild injury, it does not mean that injured patients must not take care of themselves. It is very important that you avoid another concussion soon after the first one. A second concussion can lead to more lasting symptoms. Certain persons, like football players, may be at a higher risk of suffering a second concussion, if they return to playing the sport soon after the first injury.

A person with a moderate to severe Traumatic Brain Injury may also exhibit the same symptoms as mild TBI, but will also suffer vomiting and nausea, a consistent and persistent headache, and difficulty in awakening from sleep. Look for other signs like a loss of coordination, confusion and restlessness. The person may also suffer from convulsions or seizures.

These are more serious symptoms, and it's very important to seek emergency medical care as quickly as possible.

Even a simple concussion can lead to serious complications. If the concussion leads to a blood clot, a person may experience weakness, slurred speech, difficulty in waking up, loss of consciousness, difficulty recognizing people, and convulsions. It goes without saying that these symptoms must be brought to the attention of your physician immediately.

Truck Driver Arrested In Accident That Killed Atlanta Woman

2010-07-19T10:06:23Z

The driver of the truck that was involved in a fatal Atlanta accident last week, has been arrested and charged. The driver of the truck, Joseph Gordon was driving his tractor trailer on Interstate 285, when his vehicle crossed the fog line, and hit a minivan parked in the emergency lane. In the minivan was a 44-year-old woman, who had stopped her car in the emergency lane to make a call. She sustained fatal injuries. Golden has now been arrested and charged in her death.

]]> In any truck accident claim in Atlanta, there are a number of entities that can be named. For instance, your claim can include the driver of the truck at the time of the crash, as well as the trucking company that employed the driver, or owned the vehicle. Trucking companies are held to higher standards of hiring practices, which means that they can be held liable for incompetent driving by their drivers.

Besides, your truck accident claim can also name the manufacturer of the truck in case of defective components contributing to the crash or the truck leasing company, or maintenance or repair companies in case of faulty maintenance or repairs of the truck.

Most truck accident claims in Atlanta, however, will center on the condition of the driver or his competence. For instance, a driver who operates a truck for longer than Federal Safety rules allow him to, can be a major factor in an accident. So can a distracted driver, who is snacking, or talking on a cell phone, or operating a computer while driving. Alcohol and drug use are rampant in the trucking industry, which is why there are strict rules by the Federal Motor Carrier Safety Administration to keep intoxicated truck drivers off the highways. Your Atlanta truck accident attorney will conduct a separate investigation into the truck accident, to prepare your claim.

Do I need a lawyer?

2010-07-15T19:34:32Z

"Do I need a lawyer?" This is a common question many people ask after being seriously injured in a car wreck or other personal injury accident. In order to properly answer this question, I think it is helpful for an injured person who is wondering whether they need to hire an experienced Georgia injury lawyer to read the following actual post which recently appeared on a Georgia Personal Injury Lawyer listserve:

Help!
A potential client has $22,000 in medical expenes and needs surgery, but she just signed and faxed off a General Release to the other driver's insurance company today for $25,000 policy limit on her own and she now wants to hire me to puruse the $100,000 in remaining available Georgia Uninsured Motorist Coverage Insurance.

]]> The sad reality is that this "potential client" no longer has a case because she signed away her rights to collect the additional $100,000 in uninsured motorist coverage that she was entitled to when she signed the release and sent it back to the at-fault driver's insurance company. This could have easily been avoided by executing a statutory "Limited Liability Release," which would have allowed the injured party to settle with the other driver's insurance company for the limits of that policy and preserve all rights to pursue their own uninsured motorist coverage limits.

This is another sad case in which an injured party did not retain an experienced injury lawyer and "settled" with the insurance company. If the client had retained a good lawyer, they would likely have gotten at least $125,000 for their case and maybe more. Instead, she gets $25,000 and the regret of knowing that she could have gotten fairly compensated, but did not. Bottom line: Experienced lawyers who are knowledgeable in the area of law in which they practice almost always are able to justify the fee you pay them. Many times, they are able to recover an enormous amount more than the client could have recovered on his or her own.

Three Pit Bulls Attack Atlanta-area Woman

2010-07-13T20:25:51Z

An Atlanta area woman was brutally attacked by three pit bulls in Douglas County earlier this week while taking her morning walk on a public sidewalk. Although the dogs’ owner was out of the state at the time his three dogs attacked, Douglas County’s Solicitor-General has cited him with 20 misdemeanor charges. The Solicitor General is contemplating whether to also charge the caretaker, whom the owner claimed was in charge of the dogs while he was away.

Dogs display three types of aggression: prey, pack, and defense. When dogs are in packs, especially if not adequately socialized when they are young, they can become aggressive towards people, whether provoked or not. The “pack-mentality” is simply the social attitude of dogs and how they fit in the group, but carries with it the danger that one member of the pack may become aggressive simply because of actions by other dogs in the pack. Perhaps as this incident shows, the three dogs could quickly have been led to jointly act aggressive because of an act of the other.

]]> The three pit bills caused severe injuries to the woman’s face, arms and legs. Fortunately, neighbors were able to hear the screams of panic and rushed out to fight the dogs away from her, hitting them with rocks and sticks. The woman is now out of the hospital, but is facing a long and painful recovery, facing a skin grafting procedure for injuries to her face. Although Douglas County Animal Control captured two of the pit bulls, the third female broke free from her leash while being brought into the animal shelter. The dog quickly fled the premises and is currently on the loose around the neighborhood. As evidenced by the dog’s demeanor, there still exists the possibility that someone else will be injured.

Although a dog can act docile or submissive a majority of the time, it is important to know your dogs reactions in certain situations, especially if your dog has shown signs of unprovoked aggression. By understanding the triggers of your dog’s aggression, or situations that may cause your dog to act violently or unpredictably, you can avoid situations that can cause injury to others. Unfortunately, a 56-year-old woman paid a dire price because of the apparent failure of a dog owner of knowing his dog’s behavior and not taking the proper precautions in protecting others from possible harm.

Despite the misconception, both by lawyers and dog owners alike, Georgia law holds dog owners liable for all injuries the dog causes, regardless of whether the dog has bitten before. Dog owners are responsible for actions of their pets, and accordingly should take the proper measures to ensure the safety of others. The owner in this case failed to contemplate the danger that his dogs could cause, and neglected to understand what situations could change their behavior. A woman paid the price, and unfortunately possibly faces a future of her face being scarred forever.

Celebrity “Dog Whisperer,” Cesar Milan, states that dogs need to understand their role in the pack (which can be formed even by a human family), and the owner should be the dominant member of the pack, by setting limits of what acts are allowed and prohibited. If dog owners understand their dog’s behavior, set limits, and take measures to protect other’s from danger, people wanting to take leisurely walks will not have the fear of being attacked by dangerous dogs.

How to Buy a Car for a Georgia Teen Driver

2010-07-05T14:23:43Z

This summer, thousands of parents across Atlanta will be faced with the all-important question -what kind of car to buy their teenager who has just got a driving license. New Jersey personal injury attorney Scott Grossman has a few tips on buying a first car for your child.

In April this year, Consumer Reports brought out its list of the best cars for teen motorists. If you’re a parent looking for a choice of car for your child, this list would be a good place to start.

]]> As an Atlanta car accident lawyer, my advice to you would be to buy the safest car you can afford. It's not easy spending on extra features like Electronic Stability Control systems and side airbags. However if you can afford to, include these features in the car you choose for your child. Electronic Stability Control Systems have been found to significantly reduce the risk of rollovers not just in sports utility vehicles and pickup trucks, but also in sedans. A car with antilock brakes will also provide extra protection against an accident. None of these features come cheap, but as Consumer Reports puts it, spending $10,000 extra on these features would still be less than the amount you would spend on a day in the hospital.

However, if you can't afford to buy a new car with these features, there is no need to worry. Many used cars now come with these features. The Consumer Reports list includes some used car models that you can buy with features that will keep your child safe.

Avoid buying a high-performance car that encourages your teen driver to drive at excessive speeds. The sedan versus sport-utility debate continues to rage as far as safety is concerned. Sport-utility vehicles are bigger, and believed to be more likely to protect occupants in the event of an accident. However, these vehicles are more prone to rollover crashes.

One last piece of advice - take your time before buying a car. Don't be pressured by the car dealer. Look for information online. You can't be too careful with the rash of auto safety problems we've been seeing over the past 12 months.