Atlanta Injury Lawyers Blog

Many Georgia car accidents result in the accident victim suffering severe injuries which can require hundreds of thousands of dollars in medical bills. Unfortunately, some at-fault parties may have only $25,000 in insurance liability coverage. This presents a challenge to Atlanta auto accident lawyers. However, there are many other sources of recovery that can be used to compensate the client, the trick is being diligent and finding the money. Because someone is seriously injured, the incentive is great to do all we can as lawyers to find these extra sources and ensure that our clients are adequately compensated.

One source of extra insurance is uninsured/underinsured ("UM") motorist coverage. This coverage will apply for all of the client's insurance policies. It is possible that UM coverage may be available under the client's umbrella policy. It should also be noted that UM coverage will be deemed to exist if the automobile insurer did not comply with OCGA 33-7-11 and produce evidence that the insured rejected UM coverage. Additional source of UM coverage may be found on other cars or other vehicles (such as motorcycles) owned by the client (in which case the coverage would "stack").

If the injured client lives with a resident relative who is insured and has a UM policy, the client is covered under the resident relative's UM under OCGA 33-7-11(b)(1)(B). Finally, if the injured client was in a work vehicle at the time of the accident, the employer's automobile insurance policy may provide UM coverage as well.

Issues related to insurance coverage are complex. If you or a loved one have been involved in a serious automobile accident in Georgia, you should contact an experienced injury attorney as soon as possible. A thorough investigation of the facts of the case can often lead to more available insurance coverage.

Continue reading "Sources of Recovery For Serious Georgia Car Accidents" »

On July 5, 2011, the Georgia Supreme Court granted certiorari to determine whether Georgia's dram shop act, OCGA Section 51-1-40, applies when a convenience store sells alcohol not intended to be consumed on the premises. The Court held that the convenience store is liable, if they sell alcohol to a visibly intoxicated patron and the patron later causes and accident. Florez v. Exprezit! Stores 98-Georgia, 304 Ga. App. 333 (696 SE. 2d 125) (2010).

In the Florez case, the convenience store sold a noticeably intoxicated patron a 12-pack of beer, which he drank and he later caused a collision in which 6 people were killed and several more were injured. The parties injured in the fatal car accident brought suit against the convenience store alleging that it should be liable for causing the wreck because it sold beer to an already intoxicated person, who subsequently caused the fatal wreck. The trial court and the appellate court both held that liablity did NOT extend to the convenience store. However, the Supreme Court ruled that the convenience store was liable under the Dram Shop Act.

As a practical matter, this is an important decision which allows injured plaintiffs to seek relief from an additional liable party when a automobile accident results from a drunken driver's negligence.

Effective July 1, 2011, all children passengers 8-years-old or younger must be placed in a suitable baby seat or booster seat and ride in the rear seat of the car. Drivers who do not follow this new Georgia law will face fines and points against their license, if cited by the police.

This is a great new law which helps protect children from being seriously injured or killed if they are involved in a Georgia accident. Normal seat belts do not adequately protect our children because they are designed for adults. While childrn who are taller than 4 feet 9 inches are exempt from the law, the better practice is to continue to use booster seats placed in the rear seats for all children.

Continue reading "New Georgia Law Aimed at Reducing Child Car Accident Injuries" »

As an Atlanta Car Accident Lawyer, I understand that automobile accidents are one of the leading causes of lower back pain. Common back injuries resulting from auto accidents include a herniated disc, lumbar or lower back strain, and spinal cord injuries. These injuries can cause serious and debilitating pain in the lower back, making everyday activities - like working, caring for your family, or engaging in leisure activities - difficult. In fact, about 10% of these auto accident back injuries lead to long term disability for Atlanta car accident victims who we have represented over the years.

Spinal cord injuries, in particular, can cause serious nerve damage, resulting in paralysis, loss of feeling in certain areas of the body, and loss of reflex functions. Spinal cord injuries can also lead to secondary medical problems including infection, sexual dysfunction, muscle spasms, loss of bladder control, and centralized hypersensitivity or pain in certain areas of the body.

Treatments for lower back pain include orthopaedic care, physical therapy, chiropractic care, prescription medication and surgery. However, for people suffering from spinal cord injuries whose chronic pain has proved unresponsive to prior treatments, doctors have begun using Spinal Cord Stimulators.

Spinal Cord Stimulators are prescribed for the treatment of chronic pain (lasting 3 months or more) and work to manage chronic lower back pain by intercepting and altering the perception of pain signals from the nerve pathways along the spine to the brain. Spinal Cord Stimulators are devices with internal and external components. A battery powered stimulator is placed inside the abdomen, upper buttocks or collar bone area, while wires called leads are implanted along the spinal cord and attached to the stimulator. A hand held remote control helps the patient moderate his own pain.

Although a Spinal Cord Stimulator has recently provided good pain relief for one of my clients who was severely injured in an Atlanta auto accident, these devices also come with many risks, including, but not limited to, infection, allergic reaction, scarring, loss of blood and need for blood transfusion, loss of function of any limb or any organ, paralysis, brain damage, need for repeat surgery, persistent pain, cardiac arrest or death. In addition, the implanted battery inside the stimulator will wear out over time and additional surgeries will be required to replace the battery. Current batteries can be expected to last between three and five years, and the cost of a single surgery to replace a dead battery may be as much as $30,000.

Continue reading "Severe Lower Back Injuries Caused by Auto Accidents Now Being Treated with Spinal Cord Stimulators" »

A new study by the AAA Foundation for Traffic Safety holds no surprises for Atlanta car accident attorneys. The study seems to indicate massive support for more federal and state traffic safety laws that can help prevent accidents.

According to the study, 62% of respondents wanted the federal government to get more involved in passing traffic safety laws that could protect motorists by reducing the incidence of undesirable driving behaviors. A further 57% also want states to get involved in traffic safety matters. 70% of respondents said they want traffic safety laws be more strictly enforced.

Besides, there also seems to be plenty of support for stronger graduated driver licensing programs in Georgia. 62% of the respondents wanted new drivers to undergo an education program before they begin driving with a full license. Also, 60% of respondents said they wanted more auto safety features to prevent accidents.

Continue reading "Americans Want More Safety Laws to Prevent Accidents" »

Most Atlanta injury lawyers are well-versed in the more common car accident injuries such as orthopedic injuries (broken bones and fractures) and soft tissue injuries (torn or bruised ligaments, muscles or nerves). However, there is an increased incidence of mild to moderate brain injuries (also known as closed head injuries) diagnosed in Atlanta car accident victims.

Many times, closed head injuries are more debilitating than meets the eye yet go undiagnosed at first. The reason is simple: many doctors (and inexperienced accident lawyers) focus on the soft tissue or orthopedic injury because it is more obvious and fail to recognize the severity of the closed head injury.

Most symptoms of closed head injury are easily identified by family members and include brief periods of dizziness, overwhelming fatigue, vision problems, short-term memory problems, and unexplained irritability.

Continue reading "Closed Head Injuries in Car Accidents on the Rise" »

Spring is in the air, and many Atlantans, weary of the winter weather, will be heading out in their bicycles. It's the right time for Atlanta bicycle accident attorneys to warn bikers of the special risks they face out there. While bicyclists can do nothing to compensate for the negligence of motorists, they can increase their own risks of surviving an accident, by wearing a helmet, riding a properly functioning bike and obeying all road safety rules.

The number one rule of bicycle safety is - wear a helmet. A helmet will not completely protect you from traumatic brain injury in the event of an accident, but will reduce the chances of suffering a seriously debilitating head injury. The helmet should be well fitting and fit snugly on your head.

Before you begin a ride, check and make sure that the handlebars are functioning properly, and the wheels are secure. Make sure that your brakes are functioning properly.

Dress for bicycling. Wear brightly colored or neon clothes to stand out in traffic. A motorist is more likely to notice you if you're wearing a neon yellow T-shirt and a matching yellow helmet.
Avoid biking at night as much as possible. If you really must bike at night, equip your cycle with reflectors and bright lights.

Avoid all distractions. Avoid cycling while listening to music, or talking on your handset.
Be extra careful when you enter intersections -these are bicycle accident magnets.

Continue reading "Prevent Atlanta Bicycle Accidents in the Spring" »

Every responsible Atlanta parent will make sure that their child is safely secured in a child car seat before driving. However, not every car seat will protect your child from serious injuries in an accident. Many of these seats are only tested for their protection against injuries in a front impact accident, but not injuries sustained in a rollover accident, a rear ender or a side-impact collision.

The Washington Post has a new report that should concern any Atlanta injury attorney or parent. According to the report, the National Highway Traffic Safety Administration has limited abilities to test the effectiveness of car seats and prevent injuries to children. Most of these tests only determine the effectiveness of the car seat in front impact collisions, and the agency does not have a suitable-sized crash test dummy to test the effectiveness of the seats during rollovers, side impact crashes and rear end accidents. As an Atlanta car accident attorney, I see that some of the most serious injuries occur in these kinds of crashes. What that means is that in an accident like this, children who are secured in their car seats may have little chance of escaping serious injuries.

Besides, the National Highway Traffic Safety Administration has failed to keep pace with the change in the size and weight of America's children. A growing population of overweight children has meant that parents have had to look out for large-sized car seats. Unfortunately, the NHTSA has failed to develop a plus-sized crash test dummy that it can use to test the effectiveness of car seats. In a situation like this, parents have no choice, but to believe the assurances of manufacturers when they buy plus-sized car seat.

Continue reading "Lack of Crash Test Dummies Exposes Atlanta Children to Injury Risks" »

Many or our clients sustain serious injuries in Atlanta automobile accidents. Insurance companies often dispute the severity of the injuries. Because x-rays can penetrate human tissue, they provide an excellent picture of the body's anatomy and injuries thereto. X-rays are films of the body structures and look like negatives of photographs. When bones are fractured, the break is visible as a black line. This is why X-ray can provide an objective form of proof of a fractured bone or herniated disc spinal injury from an automobile accident. Robert J. Fleming is an experienced Atlanta personal injury attorney who has successfully handled thousands of injury cases. If you would like to discuss your case with Mr. Fleming in complete confidence, please contact us online or call Mr. Fleming directly on (404) 923-7497.

Continue reading "X-rays Provide Objective Proof of Injuries" »

As an Atlanta personal injury lawyer, I don't hesitate to call out auto companies when they prioritize profits before consumer safety. It's, therefore, also necessary to hand kudos where it's due, when these very same companies take initiatives to reduce the risk of accidents and enhance motorist safety. Across the country, Ford Motor Company has been conducting driving clinics aimed at preventing accidents involving teenage drivers, and at many schools struggling with slashed budgets, these programs have been, quite literally, a lifesaver.

In Georgia, teenagers in several counties can benefit from the safety programs that Ford Motor Company conducts in collaboration with the Governor’s Highway Safety Association. The initiative includes a day of driving safety activities for high school students, including a three-course driver program. The program, called the Ford Driving Skills for Life program, has teenagers learning what it is really like to drive drunk or driver with distractions. This is done through the use of simulators and goggles.

The drunken-driving course, for instance, involves driving around orange cones in a “sober state“. The students are given Innocorp Fatal Vision Goggles that simulate driving with a blood-alcohol level of .08%. That is the legal limit for drunken driving in the state of Georgia and most of the rest of the country. Finally, the teen driver is given another pair of goggles that simulates a much higher level of blood-alcohol. The teens find that while they can drive carefully and concentrate in a sober state, it's very hard to do so with a level of .08%, and almost impossible to do when their blood-alcohol levels are higher than .08%.

Continue reading "Ford Steps in to Boost Teen Accident Prevention Efforts in Georgia" »

Another pedestrian was killed on Saturday night in Gwinnett County. She appears to have been trying to cross the street. The woman was hit by an unidentified jeep.

Pedestrians in the the Atlanta area run a significant risk of injury or death. Many roads have no sidewalks or safe areas to walk, and drivers do not watch for pedestrians. Even getting to a bus stop can be hazardous.

As oil prices continue to rise, more people will need to seek alternative means of transportation, and the need for safer conditions for pedestrians will rise.

Continue reading "Gwinnett Woman Struck by Jeep" »

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" »

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" »

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" »

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" »

It’s always painful to Atlanta car accident lawyers to come across law enforcement personnel who are killed in accidents on the job. A 45-year-old Highway Emergency Response Operator (HERO) unit operator was killed on Monday, after his HERO unit was hit by a truck. The victim was attending to a stranded motorist on Interstate 85 south of Atlanta, when a truck pulling a trailer with heavy equipment crashed into his HERO unit. The truck hit the victim, and also struck the stranded pickup truck.
The HERO unit operator was killed, while the driver of the stranded pickup truck managed to escape the truck as it approached. According to the Georgia Department of Transportation, this was the first death of a Highway Emergency Response Operator while on duty, since the program's inception in 1995. According to the Georgia State Patrol, charges are likely to be filed against the driver of the truck.
Investigations into the accident are going on. These are likely to look at the speed of the truck driver in this accident

Continue reading "HERO Operator Killed in Atlanta Highway Accident" »

The driver of the Cobb County Transit bus involved in a pedestrian accident last week has been charged with failure to yield and failure to exercise due care.

57-year-old Jean Lewis has been formally charged in the Atlanta-area accident, which occurred eight days earlier. On the day of the crash, the victim, a 57-year-old woman was walking on the crosswalk at the Hamilton E. Holmes Dr. and ML King Junior Dr. Intersection. The driver had a green arrow to turn left. As he was turning, the victim stepped on the curb and into the crosswalk. According to witnesses, the victim saw the bus making a turn, and tried to hurry up across to the other side, but was struck by the rear of the bus. She sustained serious injuries, including a severed leg and a broken ankle.

A new report by the Governor’s Highway Safety Association reveals that pedestrian accident fatalities across the US actually increased by .4% in the first six months of 2010. It may seem like a small increase, but it comes after years of great progress reducing pedestrian accident fatalities. Although Georgia's pedestrian accident fatality numbers declined during the first six months of 2010, there's more that we could be doing to keep pedestrians safer.

Continue reading "Bus Driver Charged with Failure to Yield after Pedestrian Accident " »

As an Atlanta car accident attorney, I can safely say that rollover accidents are some of the deadliest that I see in my practice. In the year 2009, more than 8,000 people were killed in rollover accidents in the US. According to the Department of Transportation, more than 50% of these involved a passenger being ejected from the vehicle during the rollover. It's not as if a seat belt can completely protect you against ejection. As an injury attorney in Atlanta, I have come across instances of occupants being flung out of cars completely or partially, even after wearing seatbelts.

A new rule announced last week by the National Highway Traffic Safety Administration seeks to put an end to this. The rule will require that automakers ensure that occupants of a vehicle are unable to move 4 inches beyond an open window during a rollover. These rules will go into effect in 2013. By the year 2018, the agency expects all vehicles to be equipped with systems that prevent ejection during a rollover accident.

Automakers are likely to use side airbag systems to prevent injections. According to the Department of Transportation, having safety devices like these will save an average of 373 lives. These devices will also prevent 476 injuries every year.

Continue reading "New Safety Standards Will Reduce Atlanta Rollover Accident Injuries" »

Atlanta car accident attorneys have been bombarded with explanations for the decline in drunk driving accident numbers in Atlanta over the past couple of years. One widely held theory has been that law enforcement agencies have been getting tougher about cracking down on intoxicated motorists. However, this increased crackdown by law enforcement on drunk drivers could actually be courtesy the recession.

The Augusta Chronicle recently published a report on how cash-strapped law enforcement agencies are now forced to conduct stationery checkpoints instead of the usual highway patrols. Law-enforcement budgets across the state have been slashed, and Atlanta has been no exception. These agencies have been informed that they have to conserve fuel to cut costs. One of the ways they have done this is by having more stationary roadblocks.

Stationary roadblocks may be a slower and more primitive way to pull drunk offenders over, but it has actually led to an increase in the number of DUI arrests. According to the report, the number of citations issued by the Georgia State Patrol for DUI increased by 37% in the four years since the recession kicked in. The Georgia State Patrol also increased the number of citations issued for seatbelt and child restraint infractions significantly. Tickets issued for motorists driving without insurance increased by 29%.

Continue reading "Recession Could Have Contributing to Lower Drunk Driving Accidents in Atlanta" »

A new study by the American Automobile Association shows just how concerned Atlanta car accident lawyers should be over the New Year's weekend. According to the survey, approximately one in every 10 drivers drove under the influence of alcohol at least once over the past 12 months. This was even as 9 persons out of 10 in the survey agreed wholeheartedly that driving under the influence was a serious public safety hazard.

According to an analysis of data by the National Highway Traffic Safety Administration, an average of 80 people a year die over the New Year's Day holiday. That's approximately 2 ½ times as many fatalities that occur on other days of the year in drunk driving accidents. In fact in 2009, there were a total of 79 alcohol-related accident fatalities across the country on New Year's Day.

This year, the risks of being involved in an accident with an intoxicated motorist are likely to be much higher because New Year's Eve also falls on Friday. The last time we had the New Year's holiday on Saturday was in 2005, when a total of 90 people died in alcohol-related accidents. Georgia law enforcement agencies are bracing for a spike in alcohol-related crashes this year, as the New Year's holiday combined with the weekend encourages reckless behavior.

Continue reading "Atlanta Car Accident Lawyers Warn Against Drunk Drivers over the Weekend" »

A new rule proposed by the Federal Motor Carrier Safety Administration will help reduce the possibility of fatigue-related truck accidents in Atlanta. Last week, the Federal Motor Carrier Safety Administration announced proposed changes to trucking safety regulations, including a provision that would lower the maximum number of hours a driver can drive consecutively to 10 hours. The current rule allows a maximum of 11 hours of consecutive driving time for truck drivers. The proposal also includes more rest breaks to allow start drivers to get as much rest as they need before they begin driving again.

However, the Federal Motor Carrier Safety Administration failed to finalize the rule altogether. The provision setting a 10-hour limit on consecutive driving by truck drivers, has now been subjected to a public comment period. Beginning from the 29th of October, the public can comment on this provision over a period of 60 days. A final decision on this matter has not been taken yet, in spite of months having passed since the FMCSA announced that it was revising the Hours of Service rules.

There is strong and powerful opposition to the 10-hour rule. The American Trucking Associations has already made its disapproval of the proposed rules, clear. In a bad economy, the trucking group has raised the bogeyman of financial upheaval in the industry, if the rules are approved. Specifically, the ATA is warning against decreased trucker productivity and efficiency if the 10-hour rule is passed.

Continue reading "Atlanta Truck Accident Attorneys Call for Adoption of 10-Hour Truck Driver Rule" »

A recent study by the Atlanta Regional Commission concluded that almost half of Atlanta car accidents involving pedestrians occur within 300 feet of a bus stop. This is alarming and needs to be addressed by traffic planners in the City.

One reason for the high rate of pedestrian accidents in Atlanta suburbs such as Brookhaven, Sandy Springs, Lithonia and Marietta--suburban roads were not designed and built to ensure pedestrian safety. As an Atlanta injury lawyer, I have seen many incidents of MARTA riders being hit after exiting the MARTA bus and trying to cross the street. This happens even when the pedestrian uses a crosswalk.

This concerns me a great deal and I call on the Commission to not only point out the problem, but also to identify and implement a solution.

Continue reading "Atlanta Suburbs Not Safe Enough For Pedestrians" »

Potential new clients call often explaining that they were involved in a serious car wreck and that, in addition to their physical injuries, the at-fault driver's insurance company will not fully compensate them for the damage to their vehicle. Usually, the insurance company insists that they will pay for what they (the insurance company) consider a reasonable amount for the needed repairs. However, the insurance company, has a duty to also pay for the diminished value of the vehicle--something they often will not do willingly.

Fortunately, there is a Georgia law on the books that forces the insurance company to act fairly and adjust the claim in good faith within 60 days of a proper demand being made upon them. Under Section 33-4-7 of the Georgia Code, if a loss to personal property is covered by an automobile policy, the insurer issuing the policy must "adjust the loss fairly and promptly, [and] make a reasonable effort to settle with the claimant potentially entitled to recover against [its] insured."

If the insurance company does not satisfy this statutory duty, it is liable to the injured party for the value of the loss, up to an additional 50% of he liability of the insured for the loss or $5,000 (whichever is greater), plus attorneys' fees.

Continue reading "O.C.G.A Section 33-4-7 Requires Georgia Insurers to Act in Good Faith" »

A new study by the National Highway Traffic Safety Administration or the White House Center for Drug Control Policy, indicates that drugged driving or driving under the influence of prescription and non-prescription drugs, has been increasing in the US. The study, which looked at traffic accident fatalities in 2009, found that there has been an increase of 5% in the number of fatalities with drugs in their system, at the time of the crash compared to previous years.
Overall, drugs were reported in the system of approximately 4,000 drivers who died in accidents in 2009. That makes it 18% of the approximately 22,000 drivers who were killed in accidents last year. In 2005, drugs were linked to 13% of driver fatalities that year.
It actually gets worse. According to the researchers, the numbers could actually be higher, because only one in every five drivers killed in accidents had a drug test performed on them. Besides, there were variations in the tests conducted in different states. Overall, in 2009, among the drivers who were killed in accidents and had drug tests performed on them, 33 percent tested positive for drugs.
The drugs that were found in the victim's bodies were not just illegal narcotics, like heroin and cocaine, but also legal prescription drugs, like painkillers and antidepressants. In fact, as an Atlanta car accident attorney, I am more worried about people who are driving under the influence of prescription drugs.

Continue reading "Increase in Auto Accident Fatalities Linked to Drugged Driving" »

Often, Georgia Injury Lawyers represent clients who have sustained such serious injuries that the medical bills and lost wages far exceed the at-fault driver's insurance coverage. In this situation, the lawyer must ensure that all additional insurance policies are identified and that claims are made under these policies as well. Additional insurance may be available through a "resident relative" or employer of the at-fault driver.

Cotton States Mut. Ins. Co. v. Brightman, 580 S.E.2d 519 (Ga. 2003) allows Georgia Plaintiff Lawyers to condition their Holt demand on the receipt of additional information. A sample conditional demand is attached.

Continue reading "Cotton States Mut. Ins. Co. v. Brightman Allows For Conditional Policy Limits Demand in Georgia Injury Cases" »

The Insurance Institute for Highway Safety has just published the results of a study conducted by the AAA Foundation for Traffic Safety. The report has findings that should be of interest to Atlanta car accident attorneys. According to the study, most drivers are fully aware of the risks from hazardous driving behaviors, like talking on a cell phone while driving and speeding, but that doesn't stop them from indulging in these practices at the wheel.

The study is based on a poll conducted of more than 2,000 motorists above the age of 16. Some of the findings:
• 92% believed cell phone use at the wheel was hazardous, and two-thirds said that other people using the cell phone while driving was hazardous to their safety. However, 24% admitted to using the cell phone at the wheel over the past month.
• Two thirds of the respondents believed that running red lights is dangerous, but at least one third said that they had done so.
• 96% of the drivers found it unacceptable for drivers to operate a vehicle while fatigued, but more than 25% of them had operated a vehicle in a drowsy state over the past month.
• Two thirds believed it was unacceptable for people to be driving 15 mph above the posted limit, but 46% said they had broken those limits over the past month.
• Just about every respondent in the study found drunk driving extremely hazardous to public safety, but 11% said they had had operated a vehicle during the past month when their blood alcohol level was close to, or at the .08% limit.

Continue reading "Despite Knowledge of Accident Risks, Georgia Motorists Drive Dangerously" »

According to a recent City of Atlanta press release, the automated Red Light Cameras at numerous Atlanta intersections are there to "promote public safety." As an Atlanta injury firm which handles many car wreck cases, we have doubted the accuracy of this statement, since it was made. Now, with the help of the Georgia State Department of Transportation, recent research shows that this is simply not the case.

The City petitioned the state department of transportation to allow it to keep the red light camera at the intersection of Freedom Parkway and Boulevard. Part of the rationale employed by the City of Atlanta to allow the automated ticket writer to stay was that the red light camera cut down on catastrophic accidents such as T-bone collisions at the intersection. The Georgia Department of Transportation studied the impact of the red light camera at this intersection and concluded there was little evidence that the device cut down on the type of collisions caused by cars running a red light at the intersection.

In addition, WXIA-TV performed its own investigation and found that T-bone collisions actually INCREASED at five intersections in which the City of Atlanta had installed red light cameras. Despite these findings, the City of Atlanta petitioned the Georgia Department of Transportation to allow it to keep the red light camera at the Freedom Parkway intersection.

Continue reading "Atlanta Red Light Cameras Do Not Promote Safety" »

Head injuries are some of the most serious injuries arising out of an Atlanta car accident. These have the potential to leave behind long-term and life altering consequences, unless treatment is begun immediately.

A head injury can refer to any injury that involves the scalp, skull or brain. Atlanta car accident lawyers come across both open injuries where the skull is broken, or closed injuries, where there is no penetration of the skull.

Head injuries can be of many types.

Concussions
These are the most common head injuries. While concussions have been underestimated as brain injuries in the past, new research shows that these mild brain injuries must be treated with plenty of rest. A person who suffers a concussion, and suffers a second head injury soon after, is more likely to suffer complications. Avid sports fans are well-aware that many football players are forced to retire after receiving too many concussions. The reason: once you have suffered one major concussion, subsequent concussions tend to cause much more severe damage.

Contusions or bruises on the brain

Subdural hematoma or bleeding in the brain. These are serious brain injuries and can even lead to death. Symptoms include slurring, confused speech, headaches, lethargic, confusion, nausea, vomiting, weakness, visual disturbances, and seizures.

Subarachnoid hemorrhage refers to bleeding in the subarachnoid space, which is the area between the brain and the tissues that cover the brain. A person who suffers a subarachnoid hemorrhage may suddenly lose consciousness. There may be loss of sensation, and difficulty in movement. The person may display personality and mood changes. He may suffer from stiffness in the neck, nausea, vomiting, and seizures. He may develop double vision, blind spots or temporary loss of vision. His eyelids may begin to droop, and the pupils may be of unequal size.

Continue reading "Head Injuries Can Have Life Altering Consequences " »

Car accidents are difficult situations, even when everyone involved acts responsibly. The recent trial of Aimee Michaels — the Atlanta driver in the so-called Easter Crash — is a sobering reminder of the importance of knowing your obligations as a driver before you find yourself in a potentially overwhelming situation.

Under Georgia Law, if a person fails to stop after being part of an accident where someone is seriously injured, they escalate their legal difficulties from a possible civil suit into the realm of criminal law. A hit and run resulting in serious injury or death is a felony.

In the event that you are involved in an Atlanta accident, Georgia law requires that you stop immediately at the scene, or as close as possible. This is true for any driver involved, not just drivers of the primary cars in the crash. Bellamy v. Edwards, 181 Ga. App. 887, 354 S.E.2d 434 (1987). Drivers should exchange information, including name, address, and registration numbers. If someone is hurt, it is the responsibility of the other driver to offer reasonable assistance — including notification of emergency services such and calling the police, or even transporting the injured person to the nearest emergency room.

Continue reading "Georgia Legal Requirements For Those Involved in Serious Car Accidents" »

Whiplash can be one of the most debilitating injuries in an auto accident. These injuries may require months of rest and physical therapy to treat. Every year, approximately 1 million people suffer whiplash injury. Many of these injuries are from rear-ender auto accidents.

Simply put, whiplash injuries occur because of trauma to the head, neck and spine. These injuries typically occur during a rear-ender accident, when a vehicle is struck from behind by another vehicle. In a situation like this, the person may be thrown ahead from impact, and this results in a sudden and violent snapping backward and forward of the neck. This snapping causes extreme trauma to the neck, back and spine muscles.
Symptoms of whiplash injury may include headaches, shoulder pain, arm pain, neck pain, fatigue, dizziness, soreness in the neck, tenderness, and ringing in the ears. These are some of the most common injuries in accidents. However, whiplash injury may also be some of the most difficult to prove. That's because there are no visible external signs of injury or wounds. In many cases, there may not even be any swelling in the neck area.

Continue reading "Atlanta Whiplash Car Accident Claims" »

Shoulder injuries are some of the most overlooked car accident-related injuries in Atlanta. These injuries typically occur in the soft tissues in the shoulder and neck, including the muscles, tendons and ligaments. A shoulder injury could also be linked to other neck injuries like whiplash that occur during an accident.

The most frequent shoulder injuries arising from car accidents include
• Rotator cuff tears and injuries
• Muscle tears
• Shoulder dislocation
• Subfluxation
• Broken collarbone
• Bursitis or information of the bursa sacs
• Broken shoulder blade
• Shoulder separation

Symptoms of shoulder injuries include pain that can range from sharp electric shock-like pain to dull throbbing pain and cramps. Injury to the nerves could also result in weakness. Nerve injury could also result in numbness, and loss of sensation. You may find a strange sensation that is very similar to having your arm fall asleep. Look out for changes in the color of the skin and a sensation of coolness in the hand or arm. There could also be swelling and deformity.

Continue reading "Atlanta Car Accident Claims Involving Shoulder Injuries " »

Some of the most common injuries that result in car accident claims in Atlanta involve fractures or broken bones. Even a minor impact accident can result in broken bones. Fractures can also occur as a result of slip and fall accidents.

Any broken bone can be called a fracture. However, if the broken bone results in the skin being punctured showing bone, it is referred to as an open fracture. The kinds of fractures that result from accidents are different from stress fractures that occur because of repeated stress or consistent force against the bone. Stress fractures are more commonly seen among athletes or workers in certain occupations.

The most noticeable symptom of a fracture is intense and severe pain. You may also notice a joint that is dislocated or out of place. There may be severe swelling or bruising in the area. In case of an open fracture, the skin may be broken and the bone might be protruding from it. You won't be able to move a fractured limb.

In case of a broken bone, it's important to keep the joint or bone immobile. Call emergency services. If it is an open fracture with broken skin, don't try to probe the skin or touch it. Open fracture can result in infections. Use ice packs to reduce swelling.

Continue reading "Car Accident Claims for Fractures in Atlanta" »

A herniated disc is one of the most underrated injuries that can result out of a car accident, or slip and fall. A herniated disc occurs when the cushion or jelly between the spinal vertebrae is pushed out from the sudden impact. When this happens, the jelly comes in contact with the sciatic nerves, causing intense pain that radiates down the back and legs. Herniated discs are also known as slipped discs or ruptured disks. These can also occur as a result of workplace trauma.
A herniated disc can cause a severe intense pain that can make it impossible for the person to go back to his normal activities. The pain typically occurs as a kind of electric shock pain. These shockwaves of pain travel down the arms in the case of a herniated disk in the cervical region. In the case of a herniated disc in the lower back region, there may be sharp pricks of pain radiating down your legs. You may also have other painful and uncomfortable tingling, and sensations of numbness. There may also be muscular weakness and fatigue.

Continue reading "Atlanta Car Accident Claims Involving Herniated Discs" »

Tougher laws are on the horizon for teen drivers in Atlanta according to AJC reporter Bob Keefe. According to Keefe, while the laws will filter down to the state level, the legislation is being pursued in Washington by highway safety advocates on Capitol Hill, who are pushing for passage of the Safe Teen and Novice Driver Uniform Protection or STANDUP ACT.

Under the Act, every state, including Georgia would be forced by federal legislation to prohibit teen drivers from texting or making cell phone calls while driving. While the law would not be mandatory on Georgia per se, failure to follow the Act, if passed, could result in a loss of Federal transportation funding for highways and other projects.

Continue reading "Atlanta Teen Drivers May Be Restricted By Proposed Law" »

Insurer Allstate has released its annual list of the safest cities in America. The insurer ranked approximately 200 American cities on the basis of the number of accidents that motorists are likely to be involved in here. As an Atlanta car accident lawyer, I'm not at all surprised to learn that Atlanta ranks at number 146.

For the record, the safest city in the US for motorists is Fort Collins, Colorado. The average motorist in Fort Collins experiences an accident just once every 14.5 years. That means the average motorist there has a likelihood of being involved in an accident that's close to 31% below the national average. Fort Collins was followed by Chattanooga, Boise, Colorado Springs, Knoxville, Eugene-Oregon, Reno-Nevada, Huntsville-Alabama, and Cedar Rapids.

Atlantans should take some comfort in the fact that the city ranks ahead of New York, Houston, San Antonio, Chicago, Dallas, Los Angeles and Philadelphia in terms of danger to motorists.

When you look at the large cities that are considered dangerous to drivers, you realize that some of them have peculiar challenges that impact motorist safety. For instance Los Angeles has an auto centric culture that means more numbers of motorists, not all of them equipped to deal with all that traffic. In Atlanta's case, it's insane traffic congestion, which contributes to a number of accident risk factors like aggressive driving and road rage.

Continue reading "Atlanta at Bottom of Allstate's List of Safest Cities" »

For years now, trucking safety advocates have been calling for speed limiting devices to be made mandatory on all 18-wheelers. In 2006, the American Trucking Associations and an auto safety group petitioned the federal administration to make these mandatory in all trucks that weighed above 26,000 pounds. The following year, the National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration invited comments on the issue. It's been four years since then, and both agencies have received thousands of comments supporting the installation of such devices. In spite of this, there has been no movement forward on these proposals. That sorry situation could soon change.

This May, President Obama directed his administration to get to work on a double-edged policy that would attack greenhouse gas emissions and increase fuel efficiency for the trucks. Both of these objectives can be accomplished through the installation of speed limiters on truckers. According to some estimates, trucking companies would obtain increased fuel efficiency of 1% for every reduction in truck speed of 1 mph. Besides, there are substantial environmental benefits too. Lower truck speeds limit the emission of greenhouse gases. It is therefore safe to assume that it won't be soon before we have a federal rule mandating the installation of speed limiting devices on all commercial trucks.

Continue reading "Speed Limiters on all Commercial Trucks Could Soon Be Reality" »

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" »

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?" »

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.

Continue reading "New Test for Easier Diagnosis of Brain Injury" »

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.

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.

Continue reading "Understand the Symptoms of Traumatic Brain Injury ("TBI")" »

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.

Continue reading "Truck Driver Arrested In Accident That Killed Atlanta Woman" »

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.

Continue reading "How to Buy a Car for a Georgia Teen Driver" »

Neck injuries are some of the most common injuries that occur in accidents in Atlanta. Whiplash for instance, is one of the most common neck injuries in an accident. These typically occur during rear ender accidents. As a result of impact, the person’s head snaps backward and then forward again, with great force. This can cause muscle and ligament tears.

Neck pain can also be caused by a spinal injury in an accident. The intervertebral disc can herniate, and this can lead to constant neck pain which can radiate through the shoulders, arms and down the back. Such neck pain can be treated through a cervical fusion surgery.

Continue reading "Cervical Fusion as a Treatment Option for Whiplash" »

Investigations into a fatal car accident in Atlanta last week that killed a 24-year-old man are determining whether the club the drunk driver worked at, could have done anything to prevent the accident.

Last week, Christa Scott who worked as a waitress at the Midtown Bar was allegedly driving a car under the influence when her vehicle rammed into a car being driven by 24-year-old Jordan Griner. Griner took the full impact of the accident, and was declared dead on arrival at the hospital. It would take emergency rescue personnel more than 30 minutes to extricate him from the mangled wreckage. Griner was an intern at Gov. Sonny Purdue’s office.

Continue reading "Could Club Have Prevented Fatal Atlanta Car Accident?" »

Patients with a Traumatic Brain Injury often suffer symptoms of vertical heterophoria or visual misalignment. This kind of misalignment can increase stress and pressure on the eye muscles, which have to adjust to correct the alignment. The stress on the eye muscles contributes to symptoms like headaches, dizziness, anxiety, neck pain and difficulty in reading. These are known as postconcussive symptoms, and in approximately 10 % to 25% of patients who suffer from a brain injury, can be seen even years after the injury has occurred.

Continue reading "Special Prismatic Lenses Could Help Treat Headaches, Dizziness in Brain Injury Patients" »

One of the many bases for awarding punitive damages in Georgia is a conscience indifference to the welfare of others. I am hard-pressed to think of a more apt example than a hit-and-run driver leaving the scene of a serious accident. Yet, many Georgia lawyers mistakenly believe that hit-and-run conduct does not warrant the imposition of punitive damages.

A number of well-settled Georgia cases prove that leaving the scene of an accident is conduct that allows the judge or jury to award punitive damages in the right case. Battle v. Kilcrease, 54 Ga.App. 808, 189 S.E. 573 (1936), is a case decided over 70 years ago by the Georgia Court of Appeals. The Battle case essentially stands for the proposition that:

The conduct of a hit and run driver in failing to stop and
give his name and render assistance to the person injured, when taken
in connection with all the circumstances, may authorize a finding that the driver in causing the injury exhibited an entire want of care and conscious indifference to consequences, and therefore, such "aggravating circumstances in the act" as would authorize a recovery of punitive damages.

More recently in Langlois v. Woldford, 246 Ga. App. 209 (2000), the Georgia Court of Appeals has ruled that: where a person driving along a public highway and overtaking and passing another automobile, attempts to turn in front of the latter automobile and hits the front portion of the latter automobile and turns it over causing a wreck and does not stop to render assistance, the jury may consider the conduct as such aggravating circumstances as would authorize the award of punitive damages to the person injured.

Leaving the scene of an accident was criminalized in Georgia because "the public policy of this state mandates that a party to an accident must stop and render aid to those involved in the collision, no matter who caused the collision, and not leave them in a possibly disabled state without aid."

Continue reading "Georgia Law is Clear: Hit and Run Warrants Punitive Damages" »

The Georgia Senate yesterday passed a long-awaited bill that Atlanta car accident lawyers have been pushing for. The bill will require pickup truck occupants to buckle up. Right now, Georgia's seatbelt laws only apply to occupants of cars, SUVs and vans. With the passage of this bill, mandatory seatbelt laws would also apply to occupants of pickup trucks.

With this, Georgia will be in a better position to save hundreds of lives in pickup truck accidents every year. About two thirds of pickup-related fatalities every year can be traced to failure to wear seatbelts. Now that mandatory seat belts laws here, those lives can be saved.

Continue reading "Senate Passes Bill That Will Require Pickup Truck Drivers in Atlanta to Wear Seat Belts" »

Last year, the number of deaths in highway accidents across the US dropped to approximately 9% lower than in 2008. That heartwarming news comes to us via the Department of Transportation which has just released data into highway fatalities for 2009. According to the DOT, last year, there were 33,963 deaths in highway accidents across the country.

Transportation Sec. Ray LaHood says that three factors have been responsible for the declining death rates.
1. The rates of seatbelt use have increased tremendously.
2. Automobiles today are much safer and do a far better job of keeping motorists and occupants safer.
3. Stronger law enforcement efforts have contributed to a decline in drunk driving accident rates over the past few years.

Continue reading "DOT: Highway Accident Fatalities across US Are at Lowest Levels in Decades" »

Atlanta accident lawyers often see that there's more than one way negligence can be involved in an accident. Last week, a woman was killed in an accident that did not involve two vehicles coming into direct contact with each other. According to a news report, a tire from a passenger van became loose, flew off and crashed into a Hyundai Sonata on Interstate 285.

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.

Continue reading "Woman Killed in Atlanta Accident Involving Flying Tire " »

Meteorologists are predicting more snow and rain in the metro Atlanta area on Tuesday, increasing the risk of multiple accidents.

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.

Continue reading "Atlantans Brace for More Snow, and a Higher Risk of Accidents " »

As an experienced injury lawyer based in Atlanta, I know first-hand that Georgia car accident lawyers have been concerned with the link between cellphone usage and texting. In fact, I wrote about this fast developing problem back in a July 2009 blog.

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!

Continue reading "Gwinnett County Links Pedestrian Death Crash to Texting" »

As an experienced Georgia injury lawyer, the question I get the most is, "I was involved in a car wreck in Atlanta, what is my case worth." No answer to this question would be complete without first stating that if you have been involved in an Atlanta wreck, you should consult with an experienced Georgia injury lawyer who handles serious car accident cases. Since, an initial consultation is normally free, there is very little downside to seeking the advice of an attorney based on the specific facts of your case.

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.

As an experienced Georgia lawyer, I represent many clients who have been seriously injured or who have complex legal needs. This entry is one of a series of blog posts which address frequently asked questions. Knowing the answers to these common questions will allow those who need to hire a Georgia lawyer to make a more informed decision.

What should I look for in choosing a lawyer in Georgia to represent me?

Before hiring a lawyer in Georgia, you should conduct some basic background research to determine if the lawyer you are considering hiring is the right lawyer for the job. Many times the best marketer gets hired by the client, and this is a shame, because you deserve to have an experienced and dedicated lawyer representing you. As a general rule, staying away from the "heavy advertisers" such as those lawyers who advertise on daytime T.V., on the back of city busses, and on the front pages of the Yellow Pages is advisable. Many of these lawyers simply spend a lot of money on advertising and refer most of their cases to other lawyers who actually do the work.

Some factors which should be considered before hiring your lawyer are: (1) education--from which law school did the lawyer graduate. Law school educations vary greatly. Make sure your Georgia lawyer graduated from a top law school; (2) how much experience does this lawyer have. The practice of law is one of those professions that, with few exceptions, the more experience a lawyer has, the better. Lawyers often draw upon prior cases and situations in which they were involved to successfully prosecute current cases. The more experienced your lawyer is, the more prior experiences to draw from. Experience matters; (3) ask about courtroom experience and results. Many lawyers are vague about this. Many call themselves "litigators" yet have no direct trial experience. If you have an important case and go to trial, you will want an experienced trial lawyer (i.e., one who has ample "first chair" trial experiences and results to share with you) on your side at the courthouse. Ask specific questions and expect direct answers; (4) try to hire a lawyer that you like. I realize that, many times, you must make a fairly quick decision, and you have little chance to really get to know a lawyer before you hire them. But, try to get to know the lawyer you are considering hiring. Then, use your instincts and ask yourself, "is this someone who is trustworthy, likeable and easy to get along with?" You can usually answer this question. If the answer is, "no" or "I don't know", then keep searching and hire a different lawyer. A good trial lawyer is someone who can be trusted by all (by you, by opposing counsel and by the judges and courtroom staff). A good trial lawyer has a personality that people genuinely like and respect. A good trial lawyer instills confidence and competency in everyone involved. You should have these good feelings about your lawyer, or you should continue your search. "Why," you may ask. Because your lawyer will need all of these skills to successfully prosecute your case, whether it involves negotiating with the other side's insurance company, working with you, or trying your case in a court of law.

Continue reading "What Important Factors Should I Consider When Hiring A Georgia Lawyer" »

As an experienced Georgia personal injury lawyer, I represent many clients who have been seriously injured in car accidents. This entry is one of a series of blog posts which address frequently asked questions. Knowing the answers to these common questions will allow those injured in Georgia car accidents to be better informed about the litigation process.

I am not the "suing type." Is there any way my claim can be resolved without filing a lawsuit?

When representing clients who have suffered serious injuries in car wrecks, our main goal is to "make you whole." In other words, we strive to fully compensate you for your injuries as quickly as possible.

If the insurance company properly evaluates the case and agrees to pay the amount of money necessary to compensate you for your injuries, the case will settle without having to file a lawsuit. However, many insurance companies do not negotiate in good faith. These insurance companies make lowball offers of settlement (offers that the insurance company knows are well below what a fair settlement should be), and hope that the client takes the offer instead of filing a lawsuit.

In the end, the decision whether to settle the case or file a lawsuit is the client's. It is our job as your lawyer to counsel you and give you the information needed to make an informed and intelligent decision. Based on the facts of your case and your inuries,along with other settlements and verdicts, we can accurately value your case and help you make this decision.

If the decision is to file suit, Robert J. Fleming is there every step of the way. Many times, the case settles after suit is filed but before trial for much more than the last offer on the table prior to filing suit.

Continue reading "Georgia Car Accident Forum--Continued" »

I came across an article which appeared in The Atlanta Journal-Constitution's Take to Task section. An Atlanta citizen wrote the newspaper complaining that a very large concrete storm drain cover was dislodged and causing a hazard. The storm drain is located on Memorial Drive in front of Oakland Cemetary.

What caught my eye is that the Atlanta citizen who complained about the damaged storm drain cover noted that there was accumulated dirt and weeds growing in and around it. This strongly indicates that the damaged storm drain cover has been dislodged and causing this dangerous condition for over a year. This is important because the City of Atlanta, as a municipality, is liable for all injuries caused by the defective storm grate once the City knew or should have known of the defective condition. Once this is established, the defective condition is considered a nuisance and liability attaches to the City. Other ways in which the knowledge of the City can be proven is by establishing that other people have been injured by the defective condition and filed claims against the City or by showing that others have complained to the City about the defective condition prior to the injury in question.

The problem with particular storm grate cover is that part of the cover rests in the gutter and the other end is thrust up in the air where it can easily snag bicyclists or pedestrians who are trying to pass by.

Continue reading "City of Atlanta Potentially Liable For Hazard" »

As we have been discussing, as an experienced Georgia personal injury lawyer, I have represented many clients who have suffered serious injuries in automobile accidents. While every case is different and no two clients are alike, I am writing a series of blog posts which address frequently asked questions. Knowing the answers to these common car accident questions will allow those injured in Georgia car accidents to be better informed about the litigation process.

Who pays for my medical bills?

The negligent driver is responsible for paying your medical bills. However, the negligent driver (or, in most cases, their insurance company) will not pay for medical bills until the whole case is settled for a lump sum amount. Therefore, your medical bills must be addressed prior to settlement. Some possible ways to manage your medical bills until your case settles are: (1) If you have health insurance, submit the bills to your health insurance company; (2) submit the bills to your automobile insurance company to be paid under the med pay portion of your automobile insurance policy; (3) ask the hospitals and doctors who have treated you for your automobile accident related injuries to delay collection efforts until your case resolves, at which time the outstanding medical bills can be properly addressed; (4) seek a Letter of Protection from your attorney to the medical care provider stating that the doctors' bills will be "protected" in any settlement. This allows the doctor to continue providing the care and treatment you need, while not having to worry about getting paid; and (5) in rare cases, an injured person can receive money from case funding companies.

Continue reading "Georgia Car Accident Forum (Continued)" »

As we discussed last month, as an experienced Georgia injury lawyer, I have represented many clients who have suffered serious injuries in car accidents. While every case is different and no two clients are alike, I am writing a series of blog posts to address frequently asked questions. Knowing the answers to these common automobile accident questions will allow those injured in Georgia car accidents to be better informed about the litigation process.

How much is my Georgia car accident case worth?

Many auto accidents in Georgia result in serious injuries such as a broken arm or leg, lost teeth, loss of limbs, severe burns and scarring, herniation of disc in your neck and back and cognitive problems such as loss of memory caused by brain injuries. Unfortunately, we cannot give you back your health, but what the law seeks to do, in simple legal terms, is to "make you whole." Since we can't give you back the health you lost, your case is valued by money, i.e,. what amount of money should a jury give you to put you in the same position you were in before the wreck.

While insurance companies (and many new lawyers) value cases based on a multiplier of the injured plaintiff's medical bills (that is to say, they value your case based on the amount of your medical bills times a multiplier, usually 2 to 3 times the total of the bills. For instance, if you have $50,000 in medical bills, they value your case at $100,000 to $150,000). This is a crude method which, at times, is woefully inadequate to fully compensate someone who is seriously injured in a car wreck.

Under Georgia law, you are entitled to (1) special damages, (2) general damages and (3) in rare cases punitive damages. Special damages are those damages that an injured plaintiff suffers which are capable being proven to an exact amount. Common examples of special damages that are recoverable in Georgia include but are not limited to: medical bills, prescription costs, and lost wages. In other words, these are damages that you don't need a jury to place a value on. They are what they are, and the bills and receipts prove them.

General damages comprise the largest amount of damages in most cases. General damages compensate the injured plaintiff for pain and suffering, loss of enjoyment of life, permanent physical injury or impairment. Think about the following scenario and ask yourself what the special damages are worth: A 20 year-old star college baseball player for Georgia Tech is rear-ended while he is stopped in traffic at the Georgia 400 tollbooth. In the wreck, he smashes his head against the steering wheel. Due to the wreck and the resulting blow to his head, he loses an eye at the scene. Since there was so little the doctors could do, his medical bills are only $15,000. His major league baseball career is over before it starts. What is the proper amount of special damages in this case?

The final element of damages allowable in Georgia are punitive damages. Punitive damages are rarely awarded because the legal standard is harder to satisfy in order for them to be warranted. In an auto wreck case, one can recover punitive damages if it can be shown that the defendant driver committed more than negligence and acted with malice or a conscious indifference to the welfare of others.

All of these damages should be considered when valuing a case.

Continue reading "Georgia Car Accident Forum--Continued" »

After a year-long study, the National Transportation Safety Board last year found that the faulty and confusing signs which caused the deadly bus crash at I-75 at Northside Drive in Atlanta have been replaced by the State of Georgia. As one safety expert put it, the former confusing road signs were "potentially a killer."

In addition to replacing the signs, the State of Georgia settled with the victims and their families for a total of $3 million, which is the maximum exposure for a single accident that the State of Georgia has in these situations. In the deadly crash, the driver of a charter bus carrying a college baseball team mistook the exit sign for the I-75 throughway and exited the highway ramp at highway speed. Not realizing that the bus was now on the exit ramp, the bus driver continued through the exit ramp, rammed a concrete wall, jumped the bridge and landed back onto I-75. The crash caused 5 deaths and numerous other severe injuries.

Continue reading "Confusing Georgia Signs on I-75 Replaced" »

The more things change, the more they stay the same. Today's news talks about how misaligned storm grates on Atlanta streets are causing a safety hazard for Atlanta bicyclists. While this has been reported on this site before, the news is that it is not getting any better.

The problem is that the City of Atlanta is not installing the storm grates properly. When properly installed, the slots of the grates should run perpendicular to traffic and when the City of Atlanta installs them parallel to traffic, a safety hazard occurs. In legal terms, this type of hazard is known as a nuisance and once the City of Atlanta is aware of the hazard, or should have been aware, it is liable for all damages that the nuisance causes.

What is particularly troubling about these hazards is that the danger posed is potentially deadly. When a bicyclist rides over the storm grate (and the slots are running parallel to traffic), the bicycle wheels get stuck in the grates and this causes the bicyclist to lose control, often falling head-first onto the pavement or into oncoming vehicles.

It truly puzzles me as to why the City of Atlanta allows these nuisances to exist since the cost to remedy the nuisance is so minor and the potential harm caused by the nuisance is so great .

Continue reading "Atlanta Road Grates Still Not Safe" »

As I discussed in the last blog post, as an experienced Georgia personal injury lawyer, I have represented many clients injured in automobile accidents. While every case is different and no two clients are alike, I am writing a series of blog posts to address those questions which come up most often. Knowing the answers to these common automobile accident questions should enable those injured in Georgia car accidents to be better informed about the litigation process. The questions are in bold and are followed by the answers:

How long do I have to bring a lawsuit for injuries I suffered in an car accident? Under Georgia law, you must file a lawsuit for personal injuries sustained in an automobile accident within two (2) years from the date of the accident. Interestingly, claims for loss of consortium (i.e., a spouse is entitled to fully recover for the loss of the injured spouse's marital relations such as companionship and sexual relations) must be brought within four (4) years.

Continue reading "Georgia Car Accident Forum--Continued" »

As an experienced Georgia personal injury lawyer, I have had the pleasure of representing many clients injured in car accidents. Some questions come up quite often and I thought it would be helpful to cover those questions here in a series of blogs so that those injured in Georgia car accidents would be better informed from the start. The questions are in bold and are followed by the answers:

I was involved in an automobile accident. It was the other driver's fault and I have been seriously injured. Who is responsible for paying my medical bills?
Under Georgia law, the at-fault driver is responsible for paying all of your damages that result from the car wreck. The at-fault driver is responsible for paying your medical bills, your out of pocket expenses, any lost wages that you have incurred in the past or will likely incur in the future, and an amount of money to compensate you for the pain and suffering caused by the automobile accident. If you are married, your spouse is entitled to fully recover for the "loss of consortium" that the accident has caused. Since loss of consortium compensates one for the loss of their spouse's marital relations, these damages can be substantial.

Should I hire a lawyer?
The short answer is, "Yes." Studies show that injured people who hire an experienced personal injury attorney recover over $35,000 to resolve their case, while those who do not hire an attorney and settle on their own get about $6,624. If one has any doubts whether they should hire a lawyer, just ask the insurance company if you need to hire an attorney. The resounding response will be, "No." The insurance company will do everything in their power to stop you from hiring an attorney. Why? Because they know what we are discussing here: seriously injured people are compensated much better for their injuries when they are represented by an experienced Georgia personal injury attorney. Yes, you must pay the attorney's fees, but you are much better off in the end. And not to belabor the point, but the more serious your injuries, the higher the stakes and the more you need to hire an experienced personal injury lawyer.

Continue reading "Georgia Car Accident Forum--Continued" »

In a moment, I will reproduce the long and confusing letter I received last week from my insurer. But before I do, I want to give you the free legal advice I promised: Do NOT reject the revised uninsured motorist coverage that is now being offered to all Georgia drivers. I can provide this advice without knowing you. Without knowing your financial status, without knowing your age, income, driving history, medical history, neighborhood in which you live, or anything else about you. Why? Because the new law benefits all drivers. You see, the insurance industry fought hard against this law because it requires them to provide more coverage for a very small added premium.

I am sad to say that many potential clients have come to me after sustaining catastrophic injuries resulting from the negligence of an un-insured (or under-insured) driver. This is the exact situation in which your uninsured mototist coverage should kick in to help you. But under the old law, your insurance company was entitled to a "set-off" which reduced the amount of your uninsured motorist coverage by the amount of the at-fault parties liability insurance. Many times, this setoff wiped out your uninsured motorist coverage and resulted in the insurance company not having to pay you anything for you injuries. This unjust outcome is now addressed by the new law, unless you reject this added coverage in writing. Simply stated once again: don't reject the added coverage, it is invaluable and costs next to nothing.

The following is a reproduction of the letter I received from my insurance company. To be sure, it is long and it is confusing. My firm belief is that the insurance company has done this on purpose, in the hopes that some who are confused by the letter will reject the new coverage. Here is the letter:

"According to our records, your policy contains Uninsured Motorist Coverage. This important coverage provides protection for you, your family, your passengers while occupying your vehicle, or another driver operating this car with your permission, when another at-fault driver is legally responsible for your injuries or property damage but tht driver does not have any automobile liability insurance. Coverage may apply if the at-fault driver has liability insurance but the amount of insurance is less than the damages you sustained in the accident. the actual terms of this coverage are governed by Georgia law.

During the 2008 Session of the Georgia Assembly, a law was passed that requires us to provide revised Uninsured Motorist Coverage unless you reject this coverage in writing. We refer to this new coverage as Uninsured Motorist Coverage-Added on to At-Fault Liability Limits, hereinafter referred to as "New Uninsured Motorist Coverage". This New Uninsured Motorist Coverage provides additional protection at a higher premium than the coverage you currently have.

If you or other eligible insureds are injured or have property damage caused by an uninsured or underinsured motorist, the New Uninsured Motorist Coverage provides protection that will pay for your damages in addition to the at-fault drivers Liability Coverage limit up to your New Uninsured Motorist Coverage limit.

If you reject the ew Uninsured Motorist Coverage, you may select ew Uninsured Motorist Coverage-Reduced by At-Fault Liability Limits hereinafter referred to as "Traditional Uninsured Motorist Coverage". This coverage is comparable to the coverage you currently have. Traditional Uninsured Motorist Coverage provides less coverage than the New Uninsured Motorist Coverage, but the Traditional Uninsured Motorist Coverage is available at a lower premium. Unlike the New Uninsured Motorist Coverage that provides up to a full limit of protection over and above the at-fault drivers liability coverage, Traditional Uninsured Motorist Coverage will only pay up to the difference between the at-fault drivers Liability Coverage and your Traditional Uninsured Motorist Coverage. This means Traditional Uninsured Motorist Coverage will allow you to collect from the at-fault driver and your Traditional Uninsured Motorist Coverage, combined, up to the same limit of Traditional Uninsured Motorist Coverage you have purchased.

The two uninsured motorist coverage choices do not differ if the at-fault driver responsible for your injuries or property damage does not have any Liability Coverage. In such cases, both New Uninsured Motorist Coverage and Traditional Uninsured Motorist Coverage will up to the amount of Uninsured Motorist Coverage purchased. We understand that these coverage choices can be confusing..."

Continue reading "Free Legal Advice for Georgia Car Owners" »

If you are an Atlanta cyclist and ride along the shoulder of Howell Mill Road, you will see first hand a City of Atlanta nuisance. As reported in the Atlanta Journal Constitution, about 50 feet south of the Peachtree Creek bridge is a hazardous storm grate. If you travel this stetch of road, you will see that there are two storm grates. One is correctly place so that the grates run perpendicular to traffic. The other storm grate, however, poses a severe hazard because the grates run parallel to traffic.

As an experienced Georgia injury lawyer, I cannot overemphasis how dangerous this condition is. The danger occurs when a cyclist's tire gets stuck in the grate. This can cause the cyclist to lose control and veer into oncoming traffic. It goes without saying that a whole host of catastrophic bicycle injuries can occur when cyclists loose control of their bike and collide with cars. Some common resulting injuries are coma, concussion, closed head injuries, broken bones, road rash, severe lacerations, and even death.

While governmental agencies such as the State of Georgia and the City of Atlanta enjoy a certain amount of immunity from wrongful acts, many times they are liable for the damages caused by a nuisance, such as the above example. In Georgia, damages recoverable on account of a nuisance are all the direct damages resulting from the nuisance, including personal injuries, medical bills, lost wages, pain and suffering, and in the proper case, attorneys' fees and expenses of litigation.

Continue reading "Atlanta Road Grates Are Nuisance For Cyclists" »

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" »

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!

According to an Atlanta police spokesman, an unidentified motorcyclist "struck a bridge abutment and was killed instantly" this morning. This appears to be yet another catastrophic single vehicle Atlanta accident.

As an experienced injury lawyer who has litigated similar accidents, I feel it is important to note that a full investigation of the facts of this case should be conducted in order to determine liability and all potential defendants. As I pointed out in a recent post on this blog, others have been able to recover against County or City governments in cases where the roadway conditions cause of contributed to the accident. In the Totten's case, they were able to recover, even though it was a single vehicle accident. The legal theory under which the Tottens traveled was that the County was liable for the fall because it promoted the road as a bike path but failed to maintain it in a safe condition. An important fact in the case was that the County allowed a hole around the paving marker to grow deeper with each road paving. Full article.

I think these types of cases address the question often asked by people who have been injured, i.e., why do I need a lawyer? Qualified Georgia injury lawyers earn their fee on every case because they leave no stone unturned. One of the initial tasks on every new case is to look past the obvious facts (i.e., a single vehicle accident apparently no other "at fault" person). Every case is unique and must be fully investigated to identify every potential liable party and all available insurance.

Continue reading "Atlanta Motorcycle Wreck Warrants Investigation" »

Regardless of how they are commonly referred to as: car accidents (also known as car wrecks; or car collisions; or road wrecks; or vehicular accidents; or trucking accidents; or trucking wrecks) happen frequently in Atlanta. That's something we all agree on. It's just a part of life in the big city. What happens once an accident occurs is interesting though. The recent trend of drivers wisely choosing smaller, more fuel efficient cars, changes some of the dynamics. Now more than ever, even low impact collisions can result in major property damage to the vehicles and severe injuries.

According to the Insurance Institute for Highway Safety, repairs to smaller cars involved in low speed collisions could cost up to $3,701.00. According to the Institute, a low-speed crash is one that occurs at speeds of 3 to 6 miles-per-hour. While this is not news to those people who have suffered severe injuries in low impact collisions, it does quantify what we have long known: there is no direct relationship between the speed of the collision and the resulting property damage to the vehicles or the severity of the injuries sustained in the wreck.

As an experienced injury lawyer, I have been fortunate to have represented many clients who seriously injured in car wrecks. Based on my experience, the general rule is that the higher the speed of collision the greater the extent of property damage and injuries sustained in the accident. However, there are exceptions to every rule. Sometimes there is just no relationship between the speed of the wreck and the injuries. As the Insurance Institute for Highway Safety confirms, a lot of damage can be done by a low-impact collision.

At Robert J. Fleming, P.C., we have had great successes in helping seriously injured clients fully recover for their injuries. We do this by fully investigating every case. If you or a family member has been seriously injured or killed in an auto wreck, please contact us so that we can help properly evaluate your case.

A motorcyclist died over the Holiday weekend after crashing with a car on Old National Highway. According to Fulton County police, 37-year-old Carlos Dickson lost control of his motorcycle and died after colliding with a car at the intersection of Old National Highway and Hallie Mill Road. Excessive speed was cited by investigators as a factor in causing the wreck.

At Robert J. Fleming, P.C., we have had great successes in helping seriously injured clients fully recover for their injuries. We do this by fully investigating every case. If you or a family member has been seriously injured or killed in an auto wreck, please contact us so that we can help properly evaluate your case.

Atlanta-area police cited excessive speed and alcohol as factors in a one-car crash that killed an 18-year-old from Milton. The driver of the car, Andrew London, was apparently speeding in his pickup when he lost control and flipped twice with two passengers. The accident happened on May 12, 200i9 at 2:30 a.m. A 16-year-old was also injured in the wreck and hospitalized.

At Robert J. Fleming, P.C., we have had great successes in helping seriously injured clients fully recover for their injuries. We do this by fully investigating and properly pursuing every case. If you or a family member has been seriously injured or killed in a wreck, please contact us so that we can help properly evaluate your case.

The American Association for Justice ranks the ten worst insurance companies in America (2008). Based on reams of court documents, papers uncovered during litigation, trial testimony, state insurance department complaints, government records and news accounts of insurance company practices, the AAJ's study is detailed and comprehensive. The following ten insurance companies made the list:

1. Allstate
2. Unum
3. AIG
4. State Farm
5. Conseco
6. Wellpoint
7. Farmers
8. UnitedHealth
9. Torchmark
10. Liberty Mutual

A detailed explanation as to why each insurance company made the list is contained in the article. However, for the sake of brevity, let's just say that if you have suffered an insurable loss, you may not want to be in the "good hands" of Allstate and with neighbors like State Farm, you may want to live out in the country-miles from any neighbors.

Insurance "bad faith" describes a tort claim that an insured person may have against an insurance company for its bad acts. Under Georgia law, and the law of most jurisdictions in the United States, insurance companies owe a duty of good faith and fair dealing to their insured. This duty is often referred to as the "implied covenant of good faith and fair dealing" which automatically exists by operation of law in every insurance contract. If an insurance company violates that covenant, the insured person (or "policyholder") may sue the company on a tort claim in addition to a standard breach of contract claim. The contract-tort distinction is important because as a matter of public policy, punitive or exemplary damages are unavailable for contract claims, but are available for tort claims. The end result is that a plaintiff in an insurance bad faith case may be able to recover an amount larger than the original face value of the policy, if the insurance company's conduct was particularly egregious.

Insurance company bad faith occurs in a variety of settings. Some insurance companies systematically deny claims or force their insureds to accept low ball offers. Others retain high-priced consultants to train their adjusters on how to increase their rate of claim denials and lower the amount of money they pay out to the insured on each valid claim.

There are a number of Georgia and federal laws in place to protect against these type of unlawful insurance company business practices and they offer the insured policy holder a great deal of legal support. If you have been dealing with an insurance company and suspect that they are acting in bad faith, you should consult with a qualified business attorney to properly evaluate your case.

Robert J. Fleming is an experienced business trial lawyer. In addition to a law degree, Mr. Fleming has earned an MBA in finance, has acted as general counsel to a number of businesses, has successfully litigated many large fraud cases and has a successful business background. This unique set of experiences and skills has enabled Mr. Fleming to achieve record successes in this area.

If you would like to discuss your case with us, please call Robert J. Fleming, P.C. at (404) 923-7497 or contact us online. We are here to help.

Just prior to trial, an injured bicyclist and his wife settled their lawsuit for brain injuries he suffered when he was thrown from his bicycle. Jeffrey Totten, a former endurance athlete who now suffers from permanent brain injury, was thrown from his bike when he struck a survey marker in the road. Totten was in a coma for seven months after the accident, then treated at a physical rehabilitation center and now lives in a group home. Fortunately, the settlement will provide for around-the-clock care that Mr. Totten now requires as the result of his fall.

An interesting aspect of this case is that the Tottens were able to recover, even though it was a single vehicle accident. The legal theory under which the Tottens traveled was that the County was liable for the fall because it promoted the road as a bike path but failed to maintain it in a safe condition. An important fact in the case was that the County allowed a hole around the paving marker to grow deeper with each road paving. Full article.

I think this case addresses well the question often asked by people who have been injured, i.e., why do I need a lawyer? This case exemplifies why good lawyers earn their fee on every case. One of the initial tasks on every new case is to look past the obvious facts (i.e., a single vehicle accident apparently no other "at fault" person). Every case is unique and must be fully investigated to identify every potential liable party and all available insurance.

Continue reading "Injured Bicyclist Settles with County for $3.5 Million" »

At Robert J. Fleming, PC, we get many calls from potential clients who have recently been involved in wrecks in the Atlanta, Georgia metropolitan area. While each case is different, here are some general suggestions that can help.

CONSULT WITH A QUALIFIED ATTORNEY
Obvious advice coming from a law office, right? While many people resist hiring an attorney because they feel they can "do better" without one, this simply is not the case. Many times, an experienced and qualified attorney is needed to evaluate the case, timely gather and preserve critical evidence, interview potential witnesses, identify potentially liable defendants (many of whom may not be readily apparent), identify available sources of insurance coverage, comply with statutory notice requirements and properly present your case to the insurance companies for prompt settlement or trial. With that said, here are some other nuggets of wisdom that I have gleaned over the years that should prove helpful in protecting your rights and maximizing your recovery:

DO NOT TALK TO ANYONE UNTIL YOU TALK TO YOUR LAWYER FIRST
Generally speaking, you should not talk to anyone about the accident except your lawyer and their staff. Obviously, you must cooperate with the police investigation. In addition, you are required to talk to your own insurance company, but your lawyer is entitled to be present. Do not talk about your injuries or the accident with the other party's investigators, lawyers or insurance adjusters. Trust me: nothing you say will help you; anything you say will be used against you. If you doubt this, ask yourself a simple question: Whose interests are these people working to protect? Answer: Not yours. They are working hard to build a case against you, to make sure you get nothing, or very little, certainly less than you deserve. Do not help them.

POLICE REPORT / WITNESSES
Please obtain a copy of the police report as quickly as possible, and forward this to your attorney. If you know of any witnesses to the incident, please write their name, address and telephone numbers down and provide your attorney with a copy as soon as possible. You would be amazed at how quickly witnesses disappear, memories fade, addresses change, telephone numbers are disconnected and the like. It is your attorneys' job to quickly gather witness information and preserve it for settlement or trial preparation.

DIARY OF PROBLEMS
Please keep a diary of problems that you confront because of your injuries. This should include 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. Be honest and truthful.

LOST WAGES
Be certain that you have the name and addresses of all employers from which you lost wages due to the wreck. If you are self-employed, try to obtain records that will show your wage loss. Keep an accurate record of all days lost from work due to the incident and/or your injuries.

DAMAGE TO YOUR AUTOMOBILE AND PERSONAL PROPERTY
They say, "a picture is worth a thousand words." Please take pictures of all damages to your car, and to the other vehicles involved in the wreck. 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. Also, keep copies of repair bills and estimates.

DOCTOR VISITS
The most important thing is for you to get well and to hopefully fully recover from your injuries. Therefore, follow your doctors' advice, 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.

HOSPITAL, MEDICAL AND DRUG BILLS
Obtain and keep receipts and records of all these expenses.Your are entitled to recover for these as part of your damages.

PHYSICAL EVIDENCE
If your injury requires a cast, brace, traction, or other medical device, please save it. As discussed above, if you have pictures or other physical evidence, give them to your attorney. They may be used as evidence down the road. Once again, err on the side of caution and let your attorney decide what is worth preserving. Many times, some issues that were never being contested become issues way down the road.

TRAFFIC COURT
If you receive notice of a traffic court date for the other driver, 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.

CALL YOUR LAWYERS OFFICE WITH ANY QUESTIONS
You hired your attorney to help you and that is exactly what they want to do.If you are not sure of something, call. It is better to communicate and get a clear understanding of what you are wondering about, rather than guess and make a mistake. In school they always said, "the only stupid question is the one that was not asked." The same applies here.

Continue reading "Recently Involved in an Atlanta Auto Accident? Suggestions" »

For those of you, like me, who live in Atlanta and regularly drive on Ponce de Leon, I wanted to post the attached video. The stretch of Ponce de Leon between Freedom Parkway and Emory University (Clifton Road) is especially dangerous. As the attached video illustrates there are so many accidents here. I travel this road almost every day and I have seen a number of serious wrecks (i.e, overturned cars and serious injuries) right in front of the Majestic Diner. So, please use extra caution.

The Georgia Court of Appeals recently approved the award of attorneys' fees in a case that was appealed from DeKalb County Superior Court. In Roofers Edge Inc. v. Standard Building Co. Inc. A08A1060; A08A2109 (11/17/09), the appellate court found that there was "some evidence" for the jury to conclude that the defendant acted in bad faith and to award attorneys' fees to the plaintiff. In this case, the defendant, Standard Building Co., Inc., failed to pay the plaintiff, Roofers Edge, Inc. for subcontracted metal roofing work on a construction project; then denied the existence of a contract or that Roofers Edge had completed the work. It did, however, admit at trial that Roofers Edge was entitled to payment, less a setoff.

At first blush, this case appears to have little to do with personal injury litigation. However, this case is applicable to all litigation in Georgia state courts and it explains the circumstances under which a plaintiff may be awarded attorneys' fees, in addition to other monetary damages which they may be entitled to.

As the court notes in its decision, Georgia state code OCGA 13-6-11 provides for the award of attorneys' fees to a plaintiff when a defendant "has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense. A refusal to pay in bad faith means a frivolous and unfounded denial of liability. Similarly, "stubborn litigiousness," and "causing the plaintiff unnecessary trouble and expense" refer to a defendant's forcing the plaintiff to sue when no bona fide controversy exists." Many Georgia lawyers and judges refer to this as the "so sue me" attitude. Importantly, this issue (whether or not the defendant acted in bad faith, etc.) is an issue for the jury to decide. In other words, the jury decides whether the plaintiff is awarded his or her attorneys' fees and expenses of litigation in addition to the other damages that the plaintiff is seeking in the lawsuit.

Many Georgia lawyers mistakenly advise their clients that they cannot recover attorneys' fees in personal injury cases. Not only is this bad advice, it is not true. At Robert J. Fleming, PC, we routinely keep track of all of our time on every case. This is true, even if the case is being handled on a contingency fee basis (i.e., our firm gets no fee unless we recover money for our client. This is how we prefer to handle most personal injury cases.). The reason is simple, we try to recover attorneys' fees on all types of cases, including personal injury cases such as automobile accidents, trip and falls, and many others.

I recently tried a relatively minor traffic accident case in DeKalb County, Georgia that illustrates my point. The accident was a minor one and the plaintiff was awarded $8,000 for her medical bills and pain and suffering. More importantly though, the jury saw through the defendant's stalling and bad faith tactics and awarded about $12,000 in attorneys' fees.They did this mostly based on testimony from the defendant's own mouth (elicited by me under cross examination) that: (1) he caused the wreck; (2) the Plaintiff had incurred medical bills because of the wreck; (3) he (the Defendant) was very sorry for causing the wreck; (4) but he refused to pay the Plaintiff for her damages.

Insurance companies and large corporations routinely stall the litigation process and deny liability, even in cases where the defendant's culpability and negligence is clear. Robert J. Fleming, PC excels under these circumstances because we are able to "turn the tables" on the defendants that use these antics. Once this is done, it exposes the defendants' true intentions to the jury and enables the plaintiff to recover higher amounts of damages, including in some cases, attorneys' fees and costs of litigation.

For a complete copy of the Roofers Edge opinion, click here

The state of Georgia recently enacted law that allows the victims of automobile accidents to access more insurance coverage. Under the new law, car owners can purchase uninsured/underinsured motorist coverage that can be "stacked" on top of liability insurance of the driver who caused the accident. This is helpful when you are injured in an automobile accident by a negligent driver and the negligent driver does not have enough insurance to fully compensate you for your personal injuries.

As an experienced Georgia Injury Lawyer, I can't over-emphasize how important this is here in Atlanta, where many drivers on the road carry minimum insurance limits. What is especially troubling about this situation is that these are usually the very same drivers that cause catastrophic wrecks and do not have the personal assets to satisfy a large judgment against them.

The new law enables you (the injured driver in an automobile accident due to the fault of someone else) to collect the other driver's liability insurance and then access your own uninsured motorist coverage after the other driver's insurance coverage is exhausted. Prior to the new law, many Georgia motorists who had paid premiums for uninsured motorists coverage would not be allowed to collect these benefits because their coverage would only "kick in" if the uninsured motorists coverage exceeded the at-fault driver's liability coverage.

We think the new law is great and long overdue. It should help compensate auto accident victims who otherwise would not be able to recover. However, there is much more you can do to properly protect yourself against catastrophic injury. We urge you to discuss you insurance limits with your insurance professional and to make sure you are taking full advantage of the new law. Be sure to ask what the monthly rates are for additional amounts of uninsured motorist coverage. Many times the cost is nominal yet provides you with critical coverage that comes into play only after you have been badly injured.

Robert J. Fleming, P.C. specializes in representing clients who have been injured in automobile accidents. Over the years, we have been approached by many clients who have been badly injured. Many times, the at-fault driver is under-insured and the client has limited amounts of underinsured motorists coverage. In these situations, it is critical to act quickly by thoroughly investigating the facts of the case to ascertain whether there are any potential additional defendants (i.e., the Georgia Department of Transportation or the City of Atlanta for unsafe road conditions or the car manufacturer if there was faulty equipment that caused or contributed to the wreck). Equally important and time-sensitive is to exhaustively investigate the at-fault driver to find other sources of insurance or personal assets that could be used to satisfy a judgment.