Atlanta Injury Lawyers Blog

Published on: February 2, 2011

Follow Up on the MARTA Lawsuit

We recently posted a blog about premises liability and an Atlanta MARTA rider’s suit against MARTA. That case ended on Friday with a jury award of 1.4 million to the plaintiff.

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

MARTA is governed by a board, consisting of representatives appointed from the city of Atlanta (3 members), and the remainder of the counties of Fulton (3 members), Clayton (2 members) and DeKalb (4 members). Additionally, there is 1 member from the Georgia Department of Transportation, and 1 member from Georgia Regional Transportation Authority) who also serve on the MARTA Board of Directors.

Positions on the MARTA board are directly appointed by the organizations they represent. Although the state of Georgia does not contribute to MARTA’s operational funding, it still has voting members on the MARTA board. A similar situation existed for both Clayton and Gwinnett counties during most of MARTA’s history; as a consequence of passing the authorization referendum but not the funding referendum.

The highest position at MARTA is the general manager and chief executive officer. In October 2007, Dr. Beverly A. Scott was named the new general manager. Prior to joining MARTA, Dr. Scott served as GM/CEO of the Sacramento Regional Transit District. She has over 30 years of experience in the transportation industry. After 5 years at MARTA, she decided not to renew her contract with MARTA’s Board of Directors. Scott’s last day was December 9, 2012. Keith Parker is MARTA’s General Manager/CEO. Prior to Dr. Scott, MARTA’s General Manager was Richard McCrillis from 2006 to 2007. In October 2007, McCrillis retired after 22 years of service at MARTA.

The Georgia General Assembly has a standing committee that is charged with financial oversight of the agency. During the 2009 legislative session, Representative Jill Chambers, introduced a bill that would place MARTA under GRTA, and permanently remove the requirement that MARTA split its expenditures 50/50 between capital and operations. This would allow MARTA to avoid service cuts at times when sales tax revenue is low due to recession, without having to ask the state legislature for temporary exemptions (typically a 55/45 split) as it has received before. The bill was not passed, but the funding restrictions were removed in 2015.

Due to it’s quasi-governmental structure, suing MARTA has it pitfalls. If you have suffered a serious injury on MARTA premises or due to the negligence of MARTA, you should hire an experienced Georgia lawyer who is well versed in how to sue MARTA.
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Published on: February 1, 2011

Georgia Automobile Insurance Policies Provide For Different Types of Damages

by Robert J. Fleming

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.
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Published on: February 1, 2011

Atlanta Workplace Injuries

by Robert J. Fleming

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

“Injury” or “personal injury” means only injury by accident arising out of and in the course of the employment and shall not, except as provided in this chapter, include a disease in any form except where it results naturally and unavoidably from the accident. Except as otherwise provided in this chapter, “injury” and “personal injury” shall include the aggravation of a preexisting condition by accident arising out of and in the course of employment, but only for so long as the aggravation of the preexisting condition continues to be the cause of the disability; the preexisting condition shall no longer meet this criteria when the aggravation ceases to be the cause of the disability. “Injury” and “personal injury” shall not include injury caused by the willful act of a third person directed against an employee for reasons personal to such employee, nor shall “injury” and “personal injury” include heart disease, heart attack, the failure or occlusion of any of the coronary blood vessels, stroke, or thrombosis unless it is shown by a preponderance of competent and credible evidence, which shall include medical evidence, that any of such conditions were attributable to the performance of the usual work of employment. Alcoholism and disabilities attributable thereto shall not be deemed to be “injury” or “personal injury” by accident arising out of and in the course of employment. Drug addiction or disabilities resulting therefrom shall not be deemed to be “injury” or “personal injury” by accident arising out of and in the course of employment except when such addiction or disability resulted from the use of drugs or medicines prescribed for the treatment of the initial injury by an authorized physician. Notwithstanding any other provision of this chapter, and solely for members of the Georgia National Guard and State Defense Force, an injury arising in the course of employment shall include any injury incurred by a member of the Georgia National Guard or State Defense Force while serving on state active duty or when traveling to and from state active duty.

Sometimes parties other than the employer could be liable for work place injuries; for instance, when the injury is caused by a defective product or by a negligent company, other than the employer.
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Published on: February 1, 2011

Healthcare Overhaul Case May be Heard in Atlanta

by Robert J. Fleming

The latest news on the Healthcare Bill is that a federal judge recently struck the whole thing down as unconstitutional on Monday. The judge did not, however, enjoin the federal government from continuing to enact the law. The Justice Department is going to appeal, and the case will likely be heard right here in Atlanta before the 11th Circuit. In the meantime, people continue to wrestle daily with the complexities of insurance and hospital bills.
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Published on: February 1, 2011

Atlanta Driver Liable Under More than the Move Over Law

by Robert J. Fleming

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

A wrongful death action is an action brought when the death is caused by the willful or negligent act of another. The driver of the truck that killed Spencer Pass is now potentially liable for more than the fine. Mr. Pass’s family has lost a father and a husband. Not only did they lose a loved one, they lost his help and financial support. While no amount of money or damages can bring him back, the law does entitle the family to the “full value of the life” of the deceased.
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Published on: February 1, 2011

Fulton County Jury Assesses MARTA Liability in Escalator Case

by Robert J. Fleming

A lawsuit filed by plaintiffs against MARTA concluded last week with a $1.4 million verdict in Fulton County Superior Court. Two years ago, Patricia Weeks missed a football game because a MARTA escalator abruptly switched directions, causing most of its riders to fall. Now Weeks, after suing MARTA, has been compensated for her injuries.
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Published on: January 31, 2011

Atlanta HERO Operator Killed in I-85 Highway Accident

by Robert J. Fleming

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. Theat-fault truck struck the victim, and also struck the stranded pickup truck.
The HERO unit operator died on the scene, 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

Published on: January 31, 2011

Georgia Bus Driver Charged with Failure to Yield after Pedestrian Wreck

by Robert J. Fleming

The Georgia 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 cross walk at the Hamilton E. Holmes Dr. and ML King Junior Drive intersection. According to the report, the bus driver had a green arrow to turn left. As he was turning, the victim stepped on the curb and into the cross walk. 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 personal 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 United States 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.
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Published on: January 26, 2011

Disentangling the Georgia Courts

by Robert J. Fleming

Going into a court building can be like walking into an alternate universe. Everyone has seen TV courtrooms. They show lots of wood paneling, grumpy judges and savvy lawyers. What popular media is less likely to show you is the behind-the-scenes administration where the bulk of the legal work gets done before anybody puts on a suit or stands in front of a jury.

If you walk into the Dekalb County Court building, you immediately realize there is more to it than a courtroom. Once you get through security, a maze of signs and arrows point you to different clerks and different courts. Some of them make sense. “Juvenile Court” is self-explanatory. Other terms that attorneys throw around are less obvious.
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Published on: January 20, 2011

New Safety Standards Will Reduce Atlanta Rollover Accident Injuries

by Robert J. Fleming

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.

Any vehicle can roll in a crash, but the problem is worse in some kinds of vehicles than others. About 25 percent of occupant deaths in crashes of cars and minivans involve rolling over. For SUVs, this proportion jumps to 59 percent.

The best way to prevent the deaths is to keep vehicles from rolling over in the first place. Electronic stability control is significantly reducing rollovers, especially fatal single-vehicle ones. When vehicles do roll, side curtain airbags help protect the people inside. Belt use is essential.

The Volkswagen Tiguan, Subaru Forester, Honda Element, and Jeep Patriot all have previosly earned good ratings. The Suzuki Grand Vitara, Chevrolet Equinox, Toyota RAV4, Nissan Rogue, and Mitsubishi Outlander are rated acceptable. Roofs on the Honda CR-V and Ford Escape are marginal, and the Kia’s is poor. It’s not surprising that Volkswagen and Subaru earn good ratings in our new roof test because these automakers were among the first to address the front and side tests.
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