Georgia Injury Lawyers Blog

The brain is a vital part of the body. It allows us to makes decisions, to think, and shapes our personality. An injury to this area is not something that should be taken lightly. Traumatic brain injuries (TBI) can not only cause life-long afflictions that come with rehabilitation and care from specialty facilities, like CareMeridian, but can potentially be deadly.

March is Brain Injury Awareness Month, and it's important to understand what TBI is and the profound effects it has on victims and their families. TBI is split into two categories: mild and severe. In a mild case consciousness is lost for 30 min or less. Unfortunately these cases are usually overlooked, but can often times result in mood swings, headaches, and difficulty in thinking. Severe TBI involves a loss of consciousness for over 30 minutes and can have life long effects on the victim's motor skills and psyche. Cases of TBI may seem like a rarity, but every 16 seconds a TBI occurs in this country. It is essential that people are aware of TBI so it can be prevented.

Guest Blog from:
Chelsea Travers
CareMeridian
ctravers@caremeridian.com

The driver of a pickup truck lost control, left the highway and went down a ravine while driving during one of Georgia's tricky winter storms. What is also tricky for our Georgia personal injury & vehicle accident law firm is how to make out a good case against a negligent driver and their insurance company when the roads are slick with ice or snow..Sometimes the driver negligence is clear: such as driving too fast for conditions, failing to yield the right of way, following too close, etc. But in these icy conditions, an accident can happen even where someone drives carefully. Sometimes the icy conditions are really the sole cause. When we investigate these winter road traffic collisions we look at the police investigation, weather reports, D.O.T. road reports, interview witnesses & the police officer, as just some of the factors to determine if it is a valid case. We want to be sure that we can be successful in handling every case for our clients.
The Dahlonega Nugget- January 13, 2010

What you innocently tell an insurance company can be the difference between a check or a fight. Our Georgia injury law firm has seen it happen to the most honest people.

The Wall Street Journal reports that in accident, homeowner claims and even health insurance, what insurance companies hear makes a difference. The example is the driver who naively says "I'm sorry" at an intersection collision without even thinking about who was at fault. Those two words can mean an insurance denial even though the other driver was responsible.

Think before writing or speaking to an insurance company. Assume that everything is either recorded or written down because it is. Or, contact a lawyer who understands how insurance companies work before you make an honest mistake.

Our Atlanta Injury Law Firm has created the DRIVE PARANOID FOUNDATION to promote defensive driving education and awareness. The nonprofit foundation mission is to empower drivers to take charge of their own safety on the highway.

We will be partnering with other concerned state and federal agencies, private safety, medical and injury organizations and media outlets. Our goal is to save one life or prevent one crippling injury at a time. Progress updates will follow and be posted periodically.

It has come to light in the national news that the National Highway Transportation Safety Administration had conducted a study which confirmed what most everyone knows: talking or texting on a cell phone is dangerous and increases the likelihood of an accident. According to the numerous news reports this federal agency withheld the findings out of concern that it would stir up a hornets nest in Congress. The thinking supposedly was that it would force political decisions about enacting legislation to limit or prevent cell phone use while driving. This follows recent events where train collisions have occurred while operators were supposedly texting.
While political considerations may interfere with safety regulations at the Federal or State level, including here in Georgia, there are no limitations on how this safety issue is handled in our Atlanta, Georgia serious injury truck and auto accident law firm. As part of every investigation we make in vehicle collision cases, we determine if the at-fault driver was distracted by cell phone use. When we file suit, we aggressively pursue this issue in discovery, which includes cross examining the driver and witnesses on the subject, subpoening cell phone records and taking all other measures to see if this played any part in the negligence of the driver.

The New York Times - July 20, 2009

In Georgia, where a bar, restaurant or for that matter any other person provides alcoholic beverages to someone who is noticeably intoxicated and is known to be intending to drive a vehicle can be held legally liable for injuries or death which result from a drunk driver. This type of case is called a Dram Shop claim.
A recent decision from the Court of Appeals in the State of NY has been reported, Noleen G. Walder, Law.com July 14, 2009 In that case a plaintiff sought to sue a convenience store company which sold alcohol to a drunk driver. The Appellate Court dismissed the case, not allowing testimony that alcohol could be smelled on the purchaser.
This court ruling points out the pitfalls that can exist in Dram Shop cases. Our Atlanta Georgia serious motor vehicle collision law firm is careful to do a thorough investigation and make sure that all evidence is carefully developed to make out one of these cases. When someone is seriously injured or killed in a drunk driving collision it is always critical to investigate where the drunk driver had been before the accident to see if a Dram Shop case can be established.

Atlanta traffic is a constant cause of death and serious injury to even the most experienced motorcycle riders. Having the right of way has no meaning when a truck hits your bike.

55 year old Deputy Gwinett sheriff Bill Edge was on his way home last week when an ice cream truck ran a stop sign and collided with a passing truck. The truck struck his motorcycle, and Edge, who was wearing a helmet, died at a local hospital. He was a Gwinett County police officer and had served in the U.S. Marine Corps.

A Harley-Davidson rider, Edge was a member of the Gwinnett chapter of the Blue Knights, a motorcycle club mostly comprised of law enforcement officers.

Defensive driving is the best protection if you enjoy the pleasure of riding. Always assume that the car and truck drivers in your view will do the unexpected and be prepared!

During the presidency of George W. Bush the rule of "Pre-Emption" was aggressively expanded.  This rule prevented many consumers and other citizens from bringing lawsuits for wrongs committed by drug makers, manufacturers and other corporations. The rule of pre-emption basically has held that where a federal agency has enacted a regulation that permitted the sale of a product, this would protect the maker of the product from being sued, even if the product was defective or negligently made, marketed or distributed. Obviously, this was grossly unfair to victims of corporate wrongdoing. The Obama administration has taken steps to overrule this grossly unfair legal priciple. This should now protect the public and allow meritorious lawsuits to be brought against wrongdoers. Our negligence/product liability Atlanta Law Firm has a long history of successfully representing victims in major cases who have been injured or killed through the fault of dangerous and defective products of all types.

Boston Globe - "Obama ends Bush-era lawsuit policy"

 

 

While automobiles have been fitted with seatbelts now for many years, passengers on commercial buses have not had this protection.  The Federal Government through the National Highway Traffic Safety Administration is expected to require seatbelts on these buses. The increased safety this will provide was initiated in large part because of several catastrophic bus accidents where passengers were seriously injured or killed. These new regulations are long overdue.

Insurance Headlines - "Feds to require safety belts on commercial buses"

Many of you have seen the television commercials asking, "do you have a structured settlement of an injury case paying money over time, but you need cash now?"  These companies want to buy the structured settlement at an unfair, substantial discount so the COMPANY will then own the valuable annuity that pays much more over time. 

Our Atlanta, Georgia personal injury law firm settles many serious cases using the benefits of a structured settlement.  These are made up of special annuities that will pay significantly more over time than would a lump sum amount received at the time of settlement. They are carefully drafted to comply with Georgia and federal law to protect our client's interests.These structed settlements can make sure that enough money is available to take care of longterm needs.

Numerous studies now are confirming that in this tough economy structured settlements are even more valuable than ever. They provide safety, reliability, fexibility and security.And they pay more to the client over time than the actual dollar amount of the settlement.A structured settlement is not right for every case. We discuss all issues of settlement with our clients to make sure that the settlement is right for their particular situation.

Sources: Amanda Bronstad / The National Law Journal - March 25, 2009

              American Insurance Association / Press Release - March 19, 2009

 

An intersection collision on Shorter Avenue in Rome, Georgia did more than damage the pickup and wrecker trucks which collided.  Rome Police reported injuries to the Floyd County driver of the Chevy pickup as well, which reportedly made too wide of a turn at the intersection of Shorter and Burnett Ferry.

As reported in the Rome Newswire, the collision caused additional damages when the pickup struck a car wash and the wrecker struck a power pole.

These chain of events points out that traffic accidents may create multiple damage claims that can be brought against the at-fault driver and their insurance company.  For example, in this crash not only would there be claims by the wronged driver, but also the owners of the car wash and the electric company.

Our Georgia auto accident law firm is always careful to analyze and consider every potential claim that can be made against the responsible party and their insurance company.

Accident on Shorter Avenue damages two businesses; one serious injury, Rome Newswire - March 10, 2009

The driver and two passengers of a 1999 Ford Explorer were killed in Morgan County, Georgia on Interstate 20.  The vehicle was heading eastbound when it passed a tractor trailer and attempted to move back into the right lane.  It spun out of control and crashed into the guardrail.

Georgia State Patrol investigated the incident and found the rear two tires were worn down and that the risky driving took place in a heavy rainstorm.

This fatal crash points up the importance of proper maintenance of tires and other mechanical parts of your car or truck.

It also is a good example of why it is so important to contact our Georgia Auto Accident Law Firm as soon as possible when you are involved in an accident. The evidence of poor tire condition may be lost if a delay in starting our investigation occurs. When we handle a case , it is not enough to rely on what the police or Georgia State troopers say. The physical evidence must be preserved.  There may also be claims against a tire or auto manufacturer, mechanic or others that must be considered in serious injury or wrongful death cases.The evidence has got to be nailed down.          .

One wreck, three dead on I-20 Morgan County Citizen, March 10, 2009

Word is that the new City of Dunwoody Georgia will house police, a forensic department (think CSI), and a magistrates court handling traffic, auto accident and misdemeanor cases in office space leased at Perimeter Center East. The space is being built out now and should be ready in a matter of weeks.

Our Atlanta traffic and auto collision law firm has been located for 20 years in Building 47 directly across from the new Dunwoody City offices which will open in Building 41. We have been representing Dunwoody, Perimeter, Roswell, Sandy Springs and the surrounding areas residents in traffic and auto collision matters for years. We welcome all City employees, police and City visitors to come by and say hello anytime. Congratulations to Georgia's newest City and police department.

As reported in the Georgia newspaper Miller County Liberal, a collision with injuries occurred when a 1988 Chevrolet S-10 pickup truck pulled out from a private drive and attempted to turn left.The pickup collided with another vehicle.The accident occurred on U.S. Highway 27 South in Colquitt, Georgia.

Traffic accidents often occur when a driver attempts to pull out from a parking lot, private driveway or some other location off road onto a main highway or street.  Typically these drivers fail to yield the right of way because they are in a hurry or simply fail to keep a lookout for oncoming vehicles.These at fault drivers often will try to blame the accident on the driver which actually had the right of way by wrongfully claiming the other driver was driving too fast.When the guilty driver tries to avoid accepting responcibilty,it becomes very important for our law firm to nail down the evidence.

Hill and Bleiberg has represented many injured drivers and passengers who had the right of way on the main highway or street. In these types of collisions, it can be very important to our successful handling of the case that we be contacted as soon as possible.  This enables our law firm to locate witnesses, visit the accident scene where photographs are taken and to examine and take photographs of each vehicle before they are repaired or sold for salvage.  This early investigation can make an important difference in the successful outcome of the case.

 

CNN and the Atlanta Journal confirm in the results of an 18 month investigation what we have seen in our law practice for years:  Where a driver has been injured through the fault of another driver but the amount of property damage to their car is minor, insurance companies are routinely fighting legitimate claims for fair and adequate compensation.

In what on first look might appear to have been a "minor" accident, the truth can be quite different.  Many times serious injuries can result from an auto accident where the damage to the vehicle appears to be minor. 

The way in which the vehicles collide, the relative sizes of the vehicles, their ages, materials they are made of, speed, angle, seat belt use and type and the health and age of the victim are just a few of the many factors that can explain why someone can be hurt badly in what looks like a "minor crash."

But the real facts and explanation often don't matter to the insurance company for the guilty driver.  From the largest insurers State Farm, Allstate and Progressive to the smaller companies, the strategies are the same.  The insurers in Georgia and around the country have established programs for resisting  legitimate claims that include delay, avoidance, misstatements and the hiring of engineers, medical personnel, auto mechanics and other so-called experts who will "explain" how injuries could never happen from such a minor impact.

Our Atlanta Georgia accident law firm has dealt with these bogus strategies many times and have successfully represented drivers and passengers throughout Atlanta and the rest of Georgia to prove the merits of their case and their right to recover.